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 Wednesday, November 7, 2018

Recorded event now available

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Course Materials

This course will provide tax advisers and compliance professionals with an in-depth and practical guide to completing IRS Form 8833 Treaty-Based Return Disclosure. The panel will detail the requirements of Section 6114 and describe how to identify scenarios where a tax treaty may allow a taxpayer to claim a return position that overrules or modifies any provisions of the Internal Revenue Code, and discuss the interrelation between Form 8833 and other required forms.


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.

Benefits are available to nonresident aliens on U.S. federal income taxes, dual residents, and U.S. citizens and residents for foreign country income taxes. 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.” The disclosure must include specific information about the treaty, including the article of the treaty that applies and the Internal Revenue Code Section changed by the claimed treaty 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.



  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


The panel will discuss these and other critical issues:

  • Common residency provisions and tie breakers for dual residents
  • Savings 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


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

Phelan, Kimberlee
Kimberlee S. Phelan, CPA, MBA

Tax Partner
Withum Smith+Brown

Ms. Phelan has more than 15 years of tax and accounting experience at national and regional accounting firms. Her...  |  Read More

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