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form 8833 is used to disclose when a taxpayer is claiming that a tax treaty overrides some US tax rule claiming treated benefits for some purposes does not require form 8833 to be filed for example claiming that an income tax treaty modifies the taxation of certain pensions or Social Security does not need to be disclosed on Form 8833 claiming treated benefits for other purposes however specifically must be disclosed on Form 8833 for example claiming that a treaty non-discrimination provision overrides some u.s. tax rule specifically must be disclosed on Form 8833 the top of the form indicates that a separate form 8833 must be filed for each treaty based return position taken also there is a penalty of $1,000 for failing to file the form when required to do so the penalty is $10,000 in the case of a c-corporation note that if you are unsure whether you need to file a form 8833 it is generally better to file the form there is no penalty for including the form when it was not needed at
