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Completing Form 8833 Treaty-Based Return Position Disclosure: Claiming Income Tax Treaty Benefits

Identifying Treaty Provisions and Impacted Code Sections, Interrelated Filings, and Impact of Tax Reform

Recording of a 110-minute CPE webinar with Q&A

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Conducted on Tuesday, January 10, 2023

Recorded event now available

This course will provide tax advisers with an in-depth and practical guide to identifying the reporting requirements and completing IRS Form 8833 Treaty-Based Return Disclosure.

Description

The United States has current income tax treaties with over 60 countries. The treaties are intended to eliminate or reduce double income taxation or to reduce U.S. income tax liability by asserting a claim to a treaty benefit. A foreign person claiming a tax benefit under a U.S. income tax treaty may need to report the position on IRS Form 8833, Treaty-Based Return Disclosure Under Section 6114 or 7701(b).

Section 6114 requires that "any taxpayer who takes the position that a treaty of the United States overrules (or otherwise modifies) an internal revenue law of the United States shall disclose (in such manner as the Secretary may prescribe) such position."

Listen as the panel provides comprehensive guidance on how to read and interpret key income tax treaty provisions, report treaty-based positions on Form 8833, obtain U.S. resident certification (Form 8802) to claim reduction or exemption from foreign income taxation under a treaty, and complete Forms W-8BEN and W-8BEN-E to establish an exemption from U.S. withholding taxes.

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Outline

  1. Identifying whether a taxpayer has a requirement to file Form 8833
    1. Potential treaty-based positions under Section 6114
    2. Dual-residence taxpayers under Section 7701
  2. Form 8833 specifics
    1. Identifying treaty articles
    2. Determining Section of Internal Revenue Code modified or overridden by the treaty article
    3. Limitation of benefits exemptions
  3. Interrelation between Form 8833 requirements and other filing obligations
    1. W-8BEN
    2. Form 8802
    3. Form 1042
  4. Impact of TCJA tax reform law on claiming a treaty-based position

Benefits

The panel will discuss these and other important issues:

  • Valid and invalid claims and scenarios
  • Common residency provisions and tie breakers for dual residents
  • Saving clauses applicable to U.S. citizens
  • Exemptions for personal services income
  • Treatment of interest and dividends
  • How to complete Forms 8833, 8802, and W-8BEN with examples

Faculty

Brister, Jack
Jack R. Brister, TEP
Managing Member
International Wealth Tax Advisors

Mr. Brister specializes in U.S. tax planning and compliance for non-U.S. families with international wealth and asset...  |  Read More

Manpreet Sangha
Manpreet Sangha
International Tax Manager
Withum

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