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posted Jun 11, 2022 1:51:22 PM

If my wife is a nonresident under DACA, and I am a US citizen, filing jointly, how do we file her 1042-S, income code 15, early 401K withdrawal as a substitute 1099-R?

I just need to know which details to put where. I am given the gross income, tax percentage, tax withholding amount, and the EIN number for the withholding agent. I dont know where to put these into the 1099-R substitute.

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1 Replies
Level 15
Jun 13, 2022 8:23:04 PM

@nathobert , I am really confused  here --- some things don't make sense -- why did your  wife receive a 1042-S, since she has SSN and is a Resident for Tax purposes  ( DACA is  really not applicable  for the IRS/ State tax purposes ).;  since DACA has been around for some years , this is not her first year of filing or has she been a student all this time ; is this your first year filing joint;  since she is not 55 , the liquidation of the retirement account will attract extra punitive 10% tax or is it that she is moving to another employer sponsored plan;  which country is she from ( she probably does not have a passport from that country  -- yes ? ) --???

 

Please could  you provide the  information above for a fuller picture  -- I will circle back  ----pk