How to find IRS Form 8833 for a person filing For from a foreign country?

Forum|Forum|6 years ago
December 7, 2019
1 reply
24 views

US citizen, domiciled in Germany, filing an IRS Form 1040. SS benefits only taxable in country of domicile (tax treaty). Need Form 8833 to report SS income received but zero amount is USA

taxable. Please reply: XXXXXX.XXXXXXX@XXX.XXX. Thanks

ProSeries Professional

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Best answer by itonewbie

Tax treaties do not confer benefits based on or reference domicile, which is a different legal concept than tax resident that is usually defined in Article 4 of income tax treaties.

Assuming your client is a tax resident of Germany, you are correct US social security benefits would only be taxable in Germany. You would report the distribution on Line 5a and $0 on 5b.

Modifying the IRC based on treaty article for social security benefits is specifically excepted by the Regs for disclosure. Consequently, F.8833 will not be required but I would still include a simple statement to support the exemption claimed.

itonewbieAnswer

Level 15

Tax treaties do not confer benefits based on or reference domicile, which is a different legal concept than tax resident that is usually defined in Article 4 of income tax treaties.

Assuming your client is a tax resident of Germany, you are correct US social security benefits would only be taxable in Germany. You would report the distribution on Line 5a and $0 on 5b.

Modifying the IRC based on treaty article for social security benefits is specifically excepted by the Regs for disclosure. Consequently, F.8833 will not be required but I would still include a simple statement to support the exemption claimed.

---------------------------------------------------------------------------------Still an AllStar

A

Abhilash Jossy

Level 4

@itonewbie How can I add or print form 8833 to a 2022 1040 return ? Do I need to attach it as efile attachment ?

itonewbie

Level 15

There were discussions last year that the form was not available in ProSeries but it is this year, according to the form status checker: https://form-status.app.intuit.com/tax-forms-availability/formsavailability?product=PROSERIES&bu=PROSERIES

As to how to generate it on ProSeries, sorry I won't be able to help since I don't use ProSeries. But ProSeries being ProSeries, I suppose you can get it to generate by making entries on the form itself?

---------------------------------------------------------------------------------Still an AllStar

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