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ajCAM
Returning Member

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

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!

 

3 Replies
LinaJ2020
Expert Alumni

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

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

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ajCAM
Returning Member

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

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
Expert Alumni

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

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

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