Form treaty application 2025

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Taxpayers complete an IRS Form 8833, Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b), when they wish to reduce their tax liability based on provisions of a tax treaty between the U.S. and another nation.
To qualify for treaty exemption, you must be a citizen or a permanent resident (generally, a noncitizen who files a resident income tax return) of the treaty country, and the type of payment must be exempt under that specific treaty.
In order to be granted a tax treaty, an individual must have an SSN (social security number) or an ITIN (individual taxpayer identification number.) For a non-resident alien to avail himself of the benefits of a tax treaty between the United States and his home country, he must first be a resident of that country.
Taxpayers use this form to make the treaty-based return position disclosure required by Internal Revenue Code section 6114. Dual-resident taxpayers use this form to make the treaty-based return position disclosure required by Regulations section 301.7701(b)-7.
Under these treaties, residents (not necessarily citizens) of foreign countries are taxed at a reduced rate, or are exempt from U.S. taxes on certain items of income they receive from sources within the United States.
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Non-US individuals who receive certain types of income from US sourcessuch as interest, dividends, rents, royalties, and certain other types of incomeneed to fill out the W-8 BEN. The form is used to claim any applicable tax treaty benefits and to verify that the individual is not a US resident for tax purposes.
The United States has income tax treaties with a number of foreign countries. Under these treaties, residents (not necessarily citizens) of foreign countries may be eligible to be taxed at a reduced rate or exempt from U.S. income taxes on certain items of income they receive from sources within the United States.
If you are Chinese and in the U.S. solely for the purpose of your education, you may be able to exclude up to $5,000 of income that you receive from work performed in the U.S. Under the U.S.-China treaty, taxable scholarships and fellowships are also excluded from income.

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