Tax return 2019 with W2 and 1042-S (income code 19)

[ajCAM]

Hallo everyone,

For 2019, I received a W2 and a 1042-S form (income code 19). From a previous post here (last year), I saw that I can add the income from the 1042-S as a negative number under the federal taxes part under Miscellaneous Income and then "other income". Is that still correct?

How do I know, if I need to file a 8833? And do I need to file in paper and add the 1042-S and W2? 

As I was under the J1 treaty from my home country, I used to have to file the 8043, not the 8033 - what is the difference?

Thank you very much for your help!

[LinaJ2020]

Form 8833 is for Treaty-Based Return Position Disclosure

https://www.irs.gov/pub/irs-pdf/f8833.pdf

Form 8843 is for claiming exempt from counting days for different visa types like F or J visa

https://www.irs.gov/pub/irs-pdf/f8843.pdf

If you qualify for a treaty benefit between your country and the US, you would file a Form 8833.  

To see if you qualify for the treaty exemption, click here: https://www.irs.gov/pub/irs-pdf/p901.pdf

To enter the tax treaty exemption in the program, here are the steps: 

• Enter your income amount in the program
• Then enter the treaty-exempt amount as negative amount (e.g. -5000) under Federal Taxes / Less Common Income / Miscellaneous Income 1099A, 1099C / Other Reportable Income
• Download and fill in a Form 8833 to claim an exception.  https://www.irs.gov/pub/irs-pdf/f8833.pdf
• You cannot e-file.  You can still use the TurboTax program to prepare your tax forms, but you need to print them out and submit them to IRS by mail along with Form 8833.

@ajCAM

[ajCAM]

Hallo @LinaJ2020 !

Thank you very much for your quick answer! In the 8833 I cannot really understand if I qualify for the treaty of my country. I thought so, because it goes for 2 years and the first month of 2019 it should still be under the treaty. But then I also count as a full resident for tax purposes - does that impact the treaty qualification? Do you happen to know what sections they are referring to at the 8833 (i.e. section 6114 or 7701(b))? Or where I would find that?

Thank you very much!

[LinaJ2020]

When did you first enter the US on J 1 visa?  Are you still on J? How long have you been living in the US?

@ajCAM