Hi everyone,
I'm on a student visa and I haven't been in the US for 5 calendar years. So, I'm still a non-resident alien. Since I stay in the US for more than 183 days, I believe that I'm required to pay a flat 30% tax (I'm from India) on all my realized gains from the sale of stocks/ securities. Sometime during last year, Robinhood asked me to provide my tax status and since I provided information that I'm a non-resident alien for tax purposes, they sent me a 1042-S for 2021 (They used to send 1099-B for 2019 and 2020). The 1042-S contained only the dividends that I received. None of my realized gains/losses were there in the form.
When I contacted Robinhood regarding the same, the following was their reply
"Depending on your tax certification type, and your activity, certain criteria need to be met to receive certain documents. In your situation, with your tax certification type, you received the 1042-S document. This is all of the information we are able to provide. We encourage you to speak to your tax professional if you have any further questions about completing your taxes."
Please advise me on what I can do in this situation since I'm not sure how I can file my realized gains of 2021 in my tax return without a 1099 document showing the details of that.
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You can report your capital gains based on your brokerage statements. List individual transactions or send a summary statement to the IRS.
You can file Form 1040NR and attach copies of your brokerage statement as supporting documentation or a spreadsheet @vigneshr97 and @ dhruvkohli99 and @Louis16.
Instead of reporting each of your transactions on separate rows, you can report them on an attached statement containing all the same information as Parts I and II and in a similar format (that is, description of property, dates of acquisition and disposition, proceeds, basis, adjustment and code(s), and gain (or loss). Use as many attached statements as you need.
2021 Instructions for Form 8949
@vigneshr97 is correct in that the requirements for reporting investment income are different from days present in the substantial presence test.
A flat tax of 30 percent was imposed on U.S. source capital gains in the hands of nonresident alien individuals physically present in the United States for 183 days or more during the taxable year. This 183-day rule bears no relation to the 183-day rule under the substantial presence test of IRC section 7701(b)(3).
To clarify, did you spend 183 days in the US in 2021 and were you considered exempt in 2021 or in previous years?
I started on a student visa in Aug 2018. I'm still on a student visa and am a non-resident alien for tax purposes until Dec 2022. I have been in the US for the entire 2019, 2020, 2021 except for a short 3-week visit outside the US.
About the exempt status, Robinhood never considered me exempt in 2019 and 2020. In 2021, for which I received the form a week back, Robinhood considered me exempt.
In 2021, they asked me to fill out a W8-BEN. I don't remember them asking for it in 2019 and 2020 although they had me as a non-resident alien in their record.
If you are a Non-Resident Alien, TurboTax does not support the 1040NR. You would need to use Sprintax.com to file your forms and get the best advice on your tax issues.
Yes, but it would be great if someone could help me with this situation.
I am in the same boat. Did you figure out how to resolve this. Please let me know. Thanks!
Hi,
I am in the exact same situation (except that I am on H1b now but still non-resident for 2021).
I'd love to hear what a lawyer would suggest. I only see one way that kind of make sense which would be filing the data on Sprintax directly without 1099-B by filing the transactions. But getting a greenlight from a lawyer would be needed.
Please let me know if you get such info!
You can report your capital gains based on your brokerage statements. List individual transactions or send a summary statement to the IRS.
You can file Form 1040NR and attach copies of your brokerage statement as supporting documentation or a spreadsheet @vigneshr97 and @ dhruvkohli99 and @Louis16.
Instead of reporting each of your transactions on separate rows, you can report them on an attached statement containing all the same information as Parts I and II and in a similar format (that is, description of property, dates of acquisition and disposition, proceeds, basis, adjustment and code(s), and gain (or loss). Use as many attached statements as you need.
2021 Instructions for Form 8949
@vigneshr97 is correct in that the requirements for reporting investment income are different from days present in the substantial presence test.
A flat tax of 30 percent was imposed on U.S. source capital gains in the hands of nonresident alien individuals physically present in the United States for 183 days or more during the taxable year. This 183-day rule bears no relation to the 183-day rule under the substantial presence test of IRC section 7701(b)(3).
Hi @ErnieS0 thanks a lot for the info!
Would you know how it is possible to do so with Sprintax?
I understand I can add supporting documentation or a spreadsheet when sending the mail but I need to specify in the filing somewhere mentioning my capital gains (as a one-liner I expect).
But I'm going through Sprintax and I don't think I can do that. Except if I pretend I got a 1099-B form. I have all the information to fill it *but* I did not actually receive it from Robinhood.
Should I just take a pen and add it somehow on the printed page or edit the PDF Sprintax will send? That sounds quite sketchy.
Best,
Louis
Hi,
I am in a similar situation. Did you figure out what needs to be done?
Thank you
Hey! did you get the solution to your problem? I really need some help if you can help me with this. [email address removed]
I just filled it using the transactions that I have in my history/ monthly statements. Check the accepted solution above.
which website or tool did you use to file it? Sprintax isn't allowing it.
Can you please send a reply here as well, badly need help. akshay2sahai at gmail
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