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Anonymous
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Form 1042s and passing Substantial Presence Test

Hi, I was on an F-1 visa with a work permit until August 2019. I changed my status then to B2, and stayed as a tourist until June 2020, passing the Substantial Presence Test for the 2020 tax year. I received a residual payment in February 2020 with form 1042s, a form for non-resident aliens. However, according to the test I am considered a US Resident for tax purposes this year.

Which forms should I file? I know Turbotax doesn't take 1042s. I called the IRS, but they weren't helpful. They only said I was had a dual status and to only file a 8843. But I know for certain I am due a return, as I have received this payment in past years and have been overtaxed every time. Should I still file 1040NR and disregard the Substantial Presence Test? Is there an exemption for having left the US permanently, like a residency early termination date?

Thank you!

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Form 1042s and passing Substantial Presence Test

If you're positive that you have met the Substantial Presence Test, you can use TurboTax and file as resident alien for tax purposes. 

As for the 1042s, TurboTax does not support form 1042s directly, but you can enter the income based on the income code. 

This income can be entered as miscellaneous income.  When you sign into your TurboTax account you can follow the steps:

  1. Select the "Federal" tab in the black navigation bar on the left
  2. Select "Income & Expenses"
  3. Select "Add more income" button if necessary
  4. Scroll and click "See the list of all income" 
  5. Scroll to "Less Common Income" and select "show more"
  6. Select "Miscellaneous Income"
  7. Scroll and select "Other Reportable Income"
  8. Click "yes" then enter the description and amount 

You should print and file your return by mail and attach your Form 1042-S to the return. 

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