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New Member
posted Jun 3, 2019 4:24:14 PM

1042s resident alien

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!

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1 Best answer
Level 7
Jun 3, 2019 4:24:18 PM

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?

4 Replies
New Member
Jun 3, 2019 4:24:15 PM

My income code is 19 and the taxes are withheld.

Level 7
Jun 3, 2019 4:24:17 PM

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.

Level 7
Jun 3, 2019 4:24:18 PM

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?

New Member
Jun 3, 2019 4:24:20 PM

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