Form 1099 Not Being Generated For A Resident Alien

[abhaynsaxena]

I was technically considered a Resident Alien starting January 1st, 2023 (since I passed the substantial presence test). However, because I didn't know this, I had selected myself as a Non-Resident Alien when confirming my residency status with my stocks brokerage. They issued me a 1042-S instead of a 1099, and in late 2024 - I filed that 1042-S. I don't think this correct.

The reason is because I had sold stocks and options in the year 2023, so I technically would have had a 1099 issued, and should've filed that instead. Now, when I asked my brokerage to regenerate the Form 1099 for 2023 for me - they said that they cannot do it, since that date has passed. 

I would imagine that I would need to submit a tax amendment for the year 2023, along with what I'll be filing for 2024 soon, right? But how can I do so when the brokerage is not able and willing to regenerate the correct document for 2023 for me?

[pk]

@abhaynsaxena , when did you enter this country and with which visa ?  Was there a change in status ?

Generally. a curative action   is through an amended return -- but  moving between 1040 and 1040-NR is a bit messy.  Please tell me more about the facts and circumstances  -- you can PM me if you wish.  Either way I will come back to you once you respond.

Namaste ji

pk