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来来开个今年的报税贴

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2011-03-28 17:22:00

 问了关于form8833的问题,不确定要不要附上。情况是我05年来美,身份一直f1,今年算alien resident,ld身份一直f1,filling jointly。我们两个各有一个5000的treaty。form1040 line 21已经填上了。现在的问题是看过去mitbbs以及版上文章,我们需要附上两张form8833 claim这个treaty。但是看irs的网站说:(http://www.irs.gov/publications/p519/ch09.html#en_US_publink1000222739


You must file a U.S. tax return and Form 8833 if you claim the following treaty benefits.

  • You claim a reduction or modification in the taxation of gain or loss from the disposition of a U.S. real property interest based on a treaty.

  • You claim a credit for a specific foreign tax for which foreign tax credit would not be allowed by the Internal Revenue Code.

  • You receive payments or income items totaling more than $100,000 and you determine your country of residence under a treaty and not under the rules for residency discussed in chapter 1.

These are the more common situations for which Form 8833 is required.

Exceptions.   You do not have to file Form 8833 for any of the following situations.
  1. You claim a reduced rate of withholding tax under a treaty on interest, dividends, rent, royalties, or other fixed or determinable annual or periodic income ordinarily subject to the 30% rate.

  2. You claim a treaty reduces or modifies the taxation of income from dependent personal services, pensions, annuities, social security and other public pensions, or income of artists, athletes, students, trainees, or teachers. This includes taxable scholarship and fellowship grants.

  3. You claim a reduction or modification of taxation of income under an International Social Security Agreement or a Diplomatic or Consular Agreement.

  4. You are a partner in a partnership or a beneficiary of an estate or trust and the partnership, estate, or trust reports the required information on its return.

  5. The payments or items of income that are otherwise required to be disclosed total no more than $10,000.

  6. You are claiming treaty benefits for amounts that are:

    1. Reported to you on Form 1042-S and

    2. Received by you:

      1. As a related party from a reporting corporation within the meaning of Internal Revenue Code section 6038A (relating to information returns on Form 5472 filed by U.S. corporations that are 25-percent owned by a foreign person), or

      2. As a beneficial owner that is a direct account holder of a U.S. financial institution or qualified intermediary, or a direct partner, beneficiary, or owner of a withholding foreign partnership or trust, from that U.S. financial institution, qualified inter- mediary, or withholding foreign partnership or trust.

      The exception described in (6) above does not apply to any amounts for which a treaty-based return disclosure is specifically required by the Form 8833 instructions.


这种情况下还需要附上8833么??

谢谢!


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