Skip to main content
Next expat filing deadlineRun free diagnostic
atamatax

Form 8833 (treaty-based return position disclosure)

Discloses that you are taking a treaty position that overrides or modifies a provision of US tax law.

Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b). §6114 requires disclosure when you rely on a treaty to take a position that overrides or modifies any Code provision and thereby reduces your tax — for example re-sourcing income to make it creditable, or claiming a treaty exemption for a pension. Regulation §301.6114-1(c) waives disclosure for several common situations, which is why many expats claim treaty benefits without ever filing the form. §6712 sets the penalty for a required-but-omitted disclosure at $1,000 for an individual. Filing Form 8833 is a disclosure, not a request for permission: it does not mean the IRS has agreed with the position. For a US citizen the saving clause usually blocks the position in the first place, so the useful question is normally which exception to the saving clause you are relying on.

Related

This glossary entry is general reference, not advice for your specific return. Start your filing on the residency step.