Tax treaty

Glossary term

Short answer

A tax treaty is an agreement between two countries that sets out which country may tax particular kinds of income and how relief from double taxation is given.

Tax treaties are also called double taxation agreements or conventions. They set rules for items such as business profits and interest. The IRS says residents of treaty countries may be taxed at a reduced rate, or be exempt from US tax, on certain US income, and that these rates and exemptions vary by country and by type of income.

To use a treaty, a person normally has to be a resident of one of the two countries for treaty purposes. The other country may ask for a certificate of residence. In the United States, a treaty position that reduces tax may need to be disclosed on Form 8833.

Treaties have limits. Most US treaties contain a saving clause that keeps the US right to tax its own citizens and residents. The IRS also notes that some US states do not honor treaty provisions.

Not to be confused with

  • Totalization agreement. A totalization agreement deals with social security taxes, not income tax.
  • Tie-breaker rule. The tie-breaker rule is one part of a treaty that settles residence for dual residents.

Sources

Related

Countries covered
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Sources
3 sources
Tax year
Current rules as checked
Review
Not professionally reviewed
Sources checked November 8, 2026