US·UK Accountants

Glossary · Cross-Border

Form 8833

Form 8833 discloses to the IRS that you are taking a tax position based on a treaty. It is required for certain treaty claims, and failing to file it when required can carry a $1,000 penalty for individuals.

SH

By Sam H., Founder & Lead Advisor

Reviewed by Katie M.

Treaty-Based Return Position Disclosure

In more detail

When a taxpayer relies on a treaty to reduce or modify their US tax in specified situations, the position must be disclosed on Form 8833. Not every treaty benefit requires it, but where it does and the form is omitted, a penalty (generally $1,000 for individuals) can apply. Because the saving clause complicates US-citizen treaty claims, Form 8833 frequently appears in cross-border returns taking less-conservative positions.

Does Form 8833 apply to your situation?

Cross-border tax turns on the detail of your circumstances. Book a free consultation and we'll tell you exactly where you stand.