How to fill a 1042-S?

[konz]

I am a foreigner living in the US for more than a year.

How do I fill the treaty for exemption (1042 S)?

Help would be appreciated.

Thank you.

[DaveF1006]

To clarify, what country? Are you here on an immigrant visa status? If so, what visa?

[konz]

I am French citizen and benefit from the French-USA treaty.
I have a J-1 Visa - Research Scholar.

I am not sure if I am a resident or non-resident alien, because I started at the end of July 2022 (less than two years). However, in 2017 I had a J-1 Visa (Trainee) for 6 months (Jan-July) and did not use any French-USA treaty during that time.

Thank you

[DaveF1006]

Yes, you are a US resident alien for tax reporting purposes since you used some of it in 2017 and then in 2022. Since it is a lifetime limit, your exemption period ended in 2022.

Since you are a resident alien in the US for 2023, there is no tax treaty provision. 

@konz