Form 8833

This is our main tax information forum which deals with topics concerning Canadians living and working in the U.S., U.S. citizens contemplating working in Canada, and all aspects of Canadian and U.S. income tax and related adminstrative issues.

Moderator: Mark T Serbinski CA CPA

Post Reply
MSS1976
Posts: 28
Joined: Wed Mar 16, 2011 2:53 pm

Form 8833

Post by MSS1976 »

Is Form 8833 necessary when claiming a tax credit for bank interest income "re-sourced by treaty" on form 1116? I am a Canadian resident, US citizen. I have been claiming the "re-sourced by treaty" tax credit each year for a few hundred dollars of bank interest that I have with a US bank. I have not been filling out 8833, only 1116 for each of the last five years. The amount of the credit is very small each year (only about 30 bucks).

Nelsona, I see that you have stated in other posts that there are very few times when 8833 is absolutely necessary.

Thanks in advance for your insights.
nelsona
Posts: 18364
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

8833 is rarely absolutely necessary, as there are income/tax thresholds associated with it, that are rarely met by individuals.

I like to file it as a heads up to IRS as to what you are doing. If you are sophisticated enough to do the 1116 re-soured, then you should be able to write down the Article on 8833, and briefly explain what you are using the treaty for, which is all you would be doing.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
MSS1976
Posts: 28
Joined: Wed Mar 16, 2011 2:53 pm

Post by MSS1976 »

Thanks!
ND
Posts: 292
Joined: Thu Feb 21, 2013 5:28 pm

Post by ND »

Reg (tax law) says (no):
(c) Reporting requirement waived.
(1) Pursuant to the authority contained in section 6114 (b), reporting is waived under this section with respect to any of the following return positions taken by the taxpayer:
(v) That income of an individual is resourced (for purposes of applying the foreign tax credit limitation) under a treaty provision relating to elimination of double taxation;
Post Reply