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Jacinda Yu

Step-by-step guide for filling out Form 8833 for J-1 visa tax treaty claims?

I'm trying to complete Form 8833 since I've been here on a J-1 visa for about 18 months and want to claim my tax treaty benefits, but I'm completely stuck on how to fill out boxes 2 through 6. The whole form is giving me a headache, especially since English isn't my first language. I've been watching YouTube videos and reading articles, but they're all explaining different situations that don't quite match mine. I'm especially confused about what to put in box 3 (the treaty article) and box 4 (amounts). I tried calling my home country's consulate but they just referred me to the IRS website, which honestly doesn't help much. Does anyone have experience filling this out specifically for J-1 visa holders? Maybe a step-by-step guide or a website that breaks it down simply? These U.S. tax forms are way more complicated than what I'm used to back home. Thanks in advance for any help!

I've helped several international students with their tax forms. For Form 8833, here's what you need for boxes 2-6: Box 2: Enter the treaty country (your home country) and the specific article number from the tax treaty that applies to your income. Google "[your country] US tax treaty article" to find the right one. Box 3: This is where you describe the treaty provision. For J-1 visa holders, it's usually related to exemption of income. Typically something like "Article X provides that income received by a student or trainee who is temporarily present in the United States for the purpose of education or training is exempt from US tax." Box 4: Enter the amount of income you're claiming exemption for under the treaty. Box 5: Briefly explain why your treaty benefit should be granted. Something like "I am a resident of [country] temporarily in the US on a J-1 visa for less than two years for educational/training purposes." Box 6: List the provision that would apply if you weren't claiming the treaty benefit (usually Section 871). The IRS Publication 901 has specific information about tax treaties by country. That might help you find your specific article numbers.

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Thank you so much for breaking this down! I'm from Spain, so I'll look up the US-Spain tax treaty article. For Box 4, should I just put my total income from last year? And for Box 6, would I just write "Section 871" or do I need to be more specific?

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For Box 4, only include the income that qualifies for the treaty exemption. If you earned $24,000 as a research assistant or similar position related to your J-1 program, that's what you'd include. Don't include any side income that wouldn't qualify under the treaty. For Box 6, you should be a bit more specific. Usually something like "Section 871(b) - taxed as effectively connected income at graduated rates" is appropriate for most J-1 holders. This tells the IRS how your income would be taxed without the treaty benefit.

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When I was on my J-1 visa last year, I used taxr.ai (https://taxr.ai) to help me figure out all this complicated tax treaty stuff. The site analyzed my visa status and income documents, then gave me step-by-step instructions for completing Form 8833. It was really helpful because it identified the exact treaty article for my country and showed me sample text for those boxes 2-6 that were pre-filled based on my specific situation. Before finding that, I was super confused about what to write in the boxes too. The best part was that it explained everything in plain language rather than the confusing IRS jargon.

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Does it help with other visa types too? I'm on F-1 and wondering if I should be filling out an 8833 form too. My university's international office wasn't very clear.

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Did you have to upload all your personal documents? I'm a bit hesitant to share my tax info with random websites.

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Yes, it definitely works for F-1 visas too! It actually has a specific section for student visas that explains whether you need Form 8833 based on your specific situation and treaty country. Super helpful since most university international offices give pretty generic advice. I was concerned about that too, but they use encryption for document uploads. You can also just enter the information manually without uploading if you prefer. The system only needs to know your visa type, home country, and basic income details to give you the right guidance.

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Just wanted to update that I tried taxr.ai for my F-1 visa situation. It was actually super helpful! Found out I didn't even need to file Form 8833 for my specific country's treaty (I'm from Germany). Apparently for some treaty benefits, you can just claim them on Form 1040NR without filing the 8833. Saved me a ton of unnecessary paperwork and stress!

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If you're still struggling after trying online resources, you might want to try Claimyr (https://claimyr.com). I used it when I was completely stuck with my J-1 tax forms. They got me connected to an actual IRS representative in about 15 minutes when I'd been trying for days on my own. There's a video showing how it works here: https://youtu.be/_kiP6q8DX5c I was originally just going to wing it and guess on the form, but the IRS agent walked me through exactly what to put in each box for my specific situation. They even emailed me a confirmation of what we discussed so I had documentation in case of questions later.

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This sounds too good to be true. I've literally never been able to reach anyone at the IRS. They always just disconnect after I wait on hold forever. Are you sure they actually help with international tax treaty questions? Most IRS reps I've managed to reach in the past don't know anything about international stuff.

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If it helps, here's what I put on my Form 8833 last year as a J-1 from France: Box 2: "United States-France Income Tax Treaty" Box 3: "Article 21(1) - A French resident who is temporarily in the US for education/training is exempt from tax on payments received from outside the US for maintenance, education, or training." Box 4: $16,500 (the scholarship I received from my French university) Box 5: "I am a French resident temporarily in the US on a J-1 visa for less than 2 years for educational purposes." Box 6: "IRC Section 871(b) - taxed as effectively connected income" Hope this example helps! Obviously adjust for your specific country and situation.

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Did you have to attach any documentation to prove where your money came from? I'm getting conflicting advice about whether I need to provide statements from my home country's scholarship program.

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I didn't attach any documentation with my Form 8833. The IRS never requested it, but I did keep copies of my scholarship award letter and bank statements showing the transfers from France in case they ever asked. If you get audited, they might ask for proof then, but it's not required as an attachment to the form itself. Just make sure you can document the source of the funds if needed.

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Does anyone know if we need to file Form 8833 every year? I filed it last year when I first came on my J-1, but I'm not sure if I need to do it again this year.

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Yes, you need to file Form 8833 each tax year that you're claiming treaty benefits. The exception is if you're only claiming treaty benefits for dependent personal services income (like a regular job) and your total income is under $100,000. But for most J-1 holders receiving scholarships or stipends exempt under treaties, you'll need to file it annually.

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I went through this exact same struggle last year with my J-1 visa from Canada! The language barrier definitely makes these forms even more confusing than they already are. One thing that really helped me was finding the actual treaty text between the US and Spain on the IRS website. Search for "United States Spain Income Tax Treaty" and look for the PDF. Article 20 is usually the one that covers students and trainees - it should give you the exact language you can reference in your Form 8833. Also, don't feel bad about calling the IRS multiple times if you need to. I called three different times and got three different answers, but the third agent was really knowledgeable about international treaties and walked me through everything step by step. For what it's worth, I found that keeping my answers in the boxes simple and straightforward worked better than trying to be too detailed. The IRS just wants to understand your situation clearly. ¡Buena suerte! You've got this - it's definitely intimidating but once you get through it the first time, next year will be much easier.

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Thanks for mentioning Article 20! I actually found the US-Spain treaty PDF and you're absolutely right - Article 20 is exactly what I needed. It's so much clearer when you can see the actual treaty language instead of trying to guess what applies to your situation. I'm definitely going to try calling the IRS again. Maybe I'll get lucky and reach someone who actually knows about international tax treaties this time. Your point about keeping the answers simple is really helpful too - I was overthinking it and trying to write paragraphs when they probably just want the basic facts. ¡Muchísimas gracias! It's so reassuring to hear from someone who went through the same thing and made it through successfully.

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