when filing my taxes, I claimed treaty benefits. I am not a citizen, I am on a visa, and there is a treaty with my country that says, researcher and teachers can claim up to 2 years tax exemptions.
so, I got my federal refund all right. today, coming back home from a looong week working in another town, I find a letter from the state taxation bureau. (oh joy) they ask me to send them the copy of my VISA (and that's ok), the number of the treaty (and that's ok), and the form 8833.
I just found out that this is a new form, they put on this year, and I haven't filed it!!! The irs gave me my refund anyway, but looks like if they find I haven't filed it, it's 1000$ fine.
now, I have 2 options:
say to the State taxation office I don't have a copy, without explaining
say I didn't file the form, and wait for the consequences
don't reply to the letter
I have no idea what would happen in any of the 3 cases
the ugly part, is that I am risking to have to pay 1000$ to have a refund of 1025$!!!! I am sooo mad!!! I remember checking the "what's new this year" part on the irs web-site, I didn't see this new form!!!
suggestions.advice from you law experts? please? I am so mad and confused!!!!
One thing for sure is that you cannot ignore it because it will not go away. All you can do is be honest and say you made a mistake because ignorance is not an excuse. If you can find that form somewhere (maybe it's available to print online?) and fill it out and say it got misplaced.
Yes, I think that you should definitely give them a call and explain that you just realized that you didn't turn in the form and ask if there's any way that you can turn it in now. Even though this really, really stinks (and I'm so sorry about that! taxes are so confusing and complicated! ahh) I think that it would be a big mistake to wait and see if they catch you, since the consequences then may well be even more than a $1000 fine.
I figured the best thing it's to send the form, as Cortney suggested. It's on the web (I checked yesterday) and it doesn't ask for anything special, only for what treaty I am talking about and why I want to claim benefits.
I was so worried yesterday, but then I realized that actually I am not trying to steal from them, what I am asking for is perfectly legal, so I shouldn't worry about a stupid mistake.