Would receiving tax treaty on form 1042s prevent me from filing as resident alien?

[MM96]

I am on F1 visa, and passed the substantial presence test after being exempt for 5 years but I still receive tax treaty income on 1042s, would that make a non resident or still can I file as resient alien?

[LinaJ2020 · Accepted solution]

You will still be filing as a resident alien.  Both nonresident 1040NR and resident 1040 may use the tax treaty if meet the requirements. 

To report information in the TurboTax program, here are the steps: 

• Report your income as usual. Then enter the treaty-exempt amount as negative amount (e.g. -5000) through this path-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 out all your tax forms and submit the Form to 8833 together by mail to the IRS.