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Just received 1042S for tax treaty, but I have efile federal and state tax. What should I do?

I am a Chinese citizen, and a student here and a Residential alien for 2020 tax year. I am eligible for the tax treaty article 20(c), where $5000 of the income is exempt from federal tax. On my W2, it reflected this treaty: box1 (federal income) is $5000 less than box 16 (state income).

 

I filed my tax returns via turbotax days ago, and turbotax didn't ask for 1042S. I just filed and all the tax returns have been approved. 

 

Today, I found out I did received 1042S. Should I amend the tax returns? If so, how?

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5 Replies
JeffreyR77
Expert Alumni

Just received 1042S for tax treaty, but I have efile federal and state tax. What should I do?

If the income reported on Form 1042S is separate from the income reported on Form W2, yes you will need to file an amended tax return Form 1040X to report the income and any tax withheld reported on the Form 1042S. 

 

TurboTax expects to be able to begin preparing and filing amended tax returns on March 25th (subject to change - especially with the recently passed American Rescue Plan).

 

Instructions Form 1042S (see under Purpose of Form reference to Form W2)

Just received 1042S for tax treaty, but I have efile federal and state tax. What should I do?

Thanks, Jeffrey!

 

The amount on the 1042S is $5000, which is for the Tax Treaty Article 20 (C).  https://www.irs.gov/pub/irs-trty/china.pdf   It is part of the income reported on Form W2. Because this $5000 does not need to pay federal tax, so the amount in Box 1 is  $5000 less than in Box 15. ( For example, if on W2, Box 1 value is $15000 and box 15 is $20000).

 

So even if I did include the 1042S in the tax return, my final tax refund value is correct.  This is why I am confused whether I need to amend the tax return.

 

 

 

 

JeffreyR77
Expert Alumni

Just received 1042S for tax treaty, but I have efile federal and state tax. What should I do?

I do not believe you need to do anything else with your filing.  I think you are fine as is.

Just received 1042S for tax treaty, but I have efile federal and state tax. What should I do?

Thank you Jeffrey!

 

Is there a way to check with IRS to see if they think my tax return is correct (i.e. whether I need to add this 1042S). I actually have already gotten the tax refund money.

Just received 1042S for tax treaty, but I have efile federal and state tax. What should I do?

You don't need to do anything to check if your return was correct. If you already received your tax refund, it means your tax return was processed by the IRS and there weren't errors or red flags there.

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