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H
hemmati
Level 2
June 3, 2019
Solved

1042s resident alien

  • June 3, 2019
  • 3 replies
  • 22 views
I am an international scholar under H1B visa here. I am exempted to pay tax due to tax treaty between Germany and US and I have a 1042-S form. I arrived in the US in September 2015 and stayed here for the entire 2016. I wonder how I should fill out my tax return. Thank a lot!
Best answer by bine22

First, the treaty for scholars  does not apply to H1B holders.

Second, since you do meet the substantial presence test for 2016, you are a resident alien. You would enter th 1042s based on the income code in box 1. What is the income code? And were taxes withheld?

3 replies

H
hemmatiAuthor
Level 2
June 3, 2019
My income code is 19 and the taxes are withheld.
B
bine22
Level 8
June 3, 2019
code 19 is compensation for teaching. you should take to your employer to correct their mistake and provide you form W2. On H1B you are liable for FICA taxes.
B
bine22Answer
Level 8
June 3, 2019

First, the treaty for scholars  does not apply to H1B holders.

Second, since you do meet the substantial presence test for 2016, you are a resident alien. You would enter th 1042s based on the income code in box 1. What is the income code? And were taxes withheld?

H
hemmatiAuthor
Level 2
June 3, 2019
My income code is 19. Yes, the taxes are withheld.
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