1042s resident alien

[hemmati]

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!

[hemmati]

My income code is 19 and the taxes are withheld.

[bine22]

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.

[bine22 · Accepted solution]

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?

[hemmati]

My income code is 19. Yes, the taxes are withheld.