My husband needs to file his 2009 as a dual resident. He is an Australian citizen who moved to the USA as a permanent resident by the end of 2009. I am claiming his Australian earned wages as tax exempt due to the Australia-US tax treaty. While filling out his 1040NR, I realized that I need to attach a 8833 because his aggregate income was over $100,000. My confusion is with form 8833.

(8833) #2 I know the article of the relevant tax treaty, but I have no idea what IRS provision was overruled?

(8833) #3 I assume this is not applicable as the income payer was an Australian company with no US ties.

(8833) #4 According to IRS Pub 910 there is no limit on the benefit from the Australian tax treaty for article 15.

Does anyone know the answer to (8833) #2 and whether I am on the right track for (8833) #3 & (8833) #4?

Any help would be greatly appreciated!