XXV treaty and 8833 help

dafney · Post by **dafney** » Thu Apr 02, 2015 12:54 am

Dear Nelsona,

My husband commutes to Michigan from Canada daily for work on a TN visa. We are Canadians citizens. (i'm just a stay at home mom).
Thanks to your website I have completed the pro forma 1040 to get the MFJ tax rate, and plugged this rate into the 1040 NR.

i'm having a hard time understanding the treaty terms..Which paragraph applies for my claim to get MFJ rates? XXV(3)??
Also on the 8833 form i'm unsure what to list for lines 2 and 4..
What points should I include on line 6 to ensure it is not rejected..?

Thank you kindly

dafney · Post by **dafney** » Thu Apr 02, 2015 7:44 am

ofcourse I forgot to mention I did use the formula to calculate the rate on the NR
1040NR (line 42)= 1040 NR (line 41) * 1040 (line 44)/1040 (line 43)

just a few extra clarifications as outlined in my post above would help.. thanks!!

nelsona · Post by **nelsona** » Thu Apr 02, 2015 8:41 am

I would not worry about the 8833 details. Simply inducate the treaty Article XXV(3).

dafney · Post by **dafney** » Thu Apr 02, 2015 9:23 am

Thank you very much for your help.

So essentially you are saying its ok to leave lines 2,4, and 6 blank?
And that simply stating the treaty is sufficient?

sorry to trouble you..

nelsona · Post by **nelsona** » Thu Apr 02, 2015 9:59 am

Explain yourself in 6, just like you did in your initial post.

dafney · Post by **dafney** » Thu Apr 02, 2015 10:04 am

Thank you very much Nelsona:)

You are wonderful!