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My answers to reporting 1042-S with joint 1040

My answers to reporting 1042-S with joint 1040# TAX - 交税与退税

l*42009-03-16 07:03

1 楼

Hi,
First time in a long time to post here, but I thought my experience could be
useful to someone who is in the same tax situation.
I would really appreciate any expert here to point out otherwise, so we can
all stand corrected.
We are filing jointly for the first time this year, with one of us F1 > 5
yrs(w2 + 1042-s) and citizen the other (w2). Without filing 1040NR form, we
were struggling to figure out where to enter the information on 1042-s to
1040, e.g. declaring the income and claiming i

l*42009-03-16 07:03

2 楼

Bump me up!
Hope to help more people with the same questions.

f*h2009-03-16 07:03

3 楼

if the amount in 1042s is included in your w2, then you shouldn't add it
into line 7 again.

l*42009-03-16 07:03

4 楼

Hey thanks! So we stand corrected now.

L*s2009-03-16 07:03

5 楼

be
can
we
多谢楼主的详细说明，还有一点想确认一下，是关于寄件地址
版面置底的“新手指南”里有这么一条
“如果你能以resident报税并且能够享受tax treaty，请参阅精华区菜单4。
所需表格包括Form 1040，Form 8833(如果有1042-S，可以不要)。
表格寄到Form 1040NR instruction book指定的地址(处理1040NR的人才懂tax treaty)
。”
"1040＋1042-S"，您问到的也是寄到收1040NR的地方而不是收1040的地方吗？（第一次
这么报税，实在是不放心啊...) 多谢了！！

【在 l*****4 的大作中提到】

: Hi,
: First time in a long time to post here, but I thought my experience could be
: useful to someone who is in the same tax situation.
: I would really appreciate any expert here to point out otherwise, so we can
: all stand corrected.
: We are filing jointly for the first time this year, with one of us F1 > 5
: yrs(w2 + 1042-s) and citizen the other (w2). Without filing 1040NR form, we
: were struggling to figure out where to enter the information on 1042-s to
: 1040, e.g. declaring the income and claiming i

l*42009-03-16 07:03

6 楼

I am really not very comfortable sending form 1040 to the address listed in
form 1040NR. The most common place of sending form 1040 is to send it
according to the form instructions. I am not sure about your case, although
we are sending our return to the address in form 1040, because we are filing
jointly and one of us is US citizen.
In my opinion, I would want to send it to the address listed in form 1040
instructions, if I were you.I wouldn't risk tax filing being returned or
delayed process b

【在 L******s 的大作中提到】

:
: be
: can
: we
: 多谢楼主的详细说明，还有一点想确认一下，是关于寄件地址
: 版面置底的“新手指南”里有这么一条
: “如果你能以resident报税并且能够享受tax treaty，请参阅精华区菜单4。
: 所需表格包括Form 1040，Form 8833(如果有1042-S，可以不要)。
: 表格寄到Form 1040NR instruction book指定的地址(处理1040NR的人才懂tax treaty)
: 。”

L*t2009-03-16 07:03

7 楼

This is such a nice posting. Thanks!

be
can
we

【在 l*****4 的大作中提到】

n*62009-03-16 07:03

8 楼

I mailed the 1040 and 8838 to the address of 1040NR last two years. Also you
need both of form 8838 and 1042

in
although
filing
quoting
that

【在 l*****4 的大作中提到】

: I am really not very comfortable sending form 1040 to the address listed in
: form 1040NR. The most common place of sending form 1040 is to send it
: according to the form instructions. I am not sure about your case, although
: we are sending our return to the address in form 1040, because we are filing
: jointly and one of us is US citizen.
: In my opinion, I would want to send it to the address listed in form 1040
: instructions, if I were you.I wouldn't risk tax filing being returned or
: delayed process b

R*e2009-03-16 07:03

9 楼

顶, this is a very good article. Hope that could help a lot of people.
But I also have another question is, in Answer #2,
I have two 1042s, on line 7: w2 + 1042sA + 1042sB
the problem is 1042sA = 5000, 1042sB = 4615
on line 21, max should be 5000, then what about the 4616 on the second 1042s?
Second Question: how do I find out if the 1042s is already covered in w2. My
w2 box#1= 9323, #3 =13800, how did it come out with 4615?
Thanks.

t*i2009-03-16 07:03

10 楼

Check the income code on your two 1042S. If they are 19 in both forms, then
you can only claim up to $5000. If the code is 14, then the full amount
reported on 1042S can be exempted.
If the codes are different or even there are two codes in one 1042S form,
then you need to file two 8833 forms, one for each tax treaty articles.
Income code 19: TA/RA ==> aritcle 20(c)
Income code 14: scholarship/fellowship ==> article 20(b)

1042s?
My

【在 R*******e 的大作中提到】

: 顶, this is a very good article. Hope that could help a lot of people.
: But I also have another question is, in Answer #2,
: I have two 1042s, on line 7: w2 + 1042sA + 1042sB
: the problem is 1042sA = 5000, 1042sB = 4615
: on line 21, max should be 5000, then what about the 4616 on the second 1042s?
: Second Question: how do I find out if the 1042s is already covered in w2. My
: w2 box#1= 9323, #3 =13800, how did it come out with 4615?
: Thanks.

t*i2009-03-16 07:03

11 楼

Answer #1:
F-1 student who came directly from China. If the student gets the F-1
inside US (say F2 to F1), or from another country/region outside mainland
China, then no US-China treaty benefits.

be
can
we

【在 l*****4 的大作中提到】

t*i2009-03-16 07:03

12 楼

Answer #2:
No need to report 1042S amount unless it should be exempted but tax was
withheld. Just enclose a copy of 1042S along with your tax return. If the
amount was already exempt, then there is no place on 1040 for you to fill in
. Of course, in such case, you cannot fill in a negative amount in Line 21
on 1040 with respect to this particular 1042S.
If on your 1042S, there has been tax withheld from the amount and you
believe you qualify for treaty benefits, then you can add it to Line 7

【在 l*****4 的大作中提到】

R*e2009-03-16 07:03

13 楼

thanks for your reply, tosi.
I checked my 1042s forms and both income codes are 19.
1042sA = 5000, 1042sB = 4615
Also, both shows there is no tax withheld at all. Now should I report these
two forms?
Also, after I checked my W2, it seems the income on w2 is all money that I
received. The 5000 is not part of my income. So does that 1042 really means
I CAN exempt 5000 or means I received 5000 which can also be exempted?
Thanks.

t*i2009-03-16 07:03

14 楼

(1) for Income Code 19, the maximum you can claim to exempt is 5000. You
have to report all W-2 and 1042S and other tax-related forms with your
return. You may not knowingly not-enclose any such forms from your tax
return.
(2) Indicate in your 8833 that your W-2 includes your 1042S amount and $5000
should be exempted from your total taxable income.
BTW, you'd better confirm your HR whether the 1042S amount was included in
the amount reported on W-2. To me, it never happened.

these
means

【在 R*******e 的大作中提到】

: thanks for your reply, tosi.
: I checked my 1042s forms and both income codes are 19.
: 1042sA = 5000, 1042sB = 4615
: Also, both shows there is no tax withheld at all. Now should I report these
: two forms?
: Also, after I checked my W2, it seems the income on w2 is all money that I
: received. The 5000 is not part of my income. So does that 1042 really means
: I CAN exempt 5000 or means I received 5000 which can also be exempted?
: Thanks.

R*e2009-03-16 07:03

15 楼

I really appreciate your help, tosi!
I will find out with my HR.
So, normally, the 1042s should not be included in w2. If so, the way I
should file is:
line 7: w2 + 1042sA + 1042sB
line 21: -5000
right?
Thanks.

t*i2009-03-16 07:03

16 楼

For your case, since you 1042S amount has exceeded 5000, you need to add W02
and both 1042S in Line 7, then on Line 21, subtract 5000. Enclose 8833
explaining the treaty benefits and why you qualify. You may also mention
that you received two 1042S and how did you calculate Line 7.
After all, it saves IRS guy time if you explain it succinctly and clearly.

a*92009-03-16 07:03

17 楼

Good post. I am in a similar senario but a little bit different.
I sold some stock shares at 2009 as part of ESPP (employee stock purchase
plan). Since I was certified as W-8 BEN at 2009, the broker only sent me the
1042-S from instead of 1099-B form, which only covers the divident. I have
been filling as resident alien since 2008, and switched to W-9 certified at
Mar.2010 when broker notified me my previous W-8 is expired at 12/31/2009.
Is it ok to exclude the stock gain out of my 2009 Tax Retu

t*i2009-03-16 07:03

18 楼

IMHO, you may not knowingly neglect facts from your tax return.

h*02009-03-16 07:03

19 楼

Very nice post.
Thanks for sharing.
Several clarifications:
(1) Shall 1042-S income also go to Line 7? I thought it's just for the W2
numbers.
(2) If my W2 wage is also tax-exempt, i.e., the tax should not be deducted
but my employer deducted tax
from my compensation by mistake.
Line 21 should be (1042-S income + W2 income)
Is it right?
Thanks.

h*02009-03-16 07:03

20 楼

Tried to find where tosi's previous reply on this, but did not get it yet.
Can anybody give me a link?
the
in
21

t*i2009-03-16 07:03

21 楼

(1) If the amount on 1042S is already exempted (i.e., no tax was withheld
from it), then no need to add it to Line 7. Just enclose 1042S with your
1040 return.
If there are tax withheld from your 1042S amount and you believe you can
claim exemptions for some or all of this amount, then you may add it to Line
7 and then claim for it on Line 21.
(2) W-2 always go to Line 7. If you believe you qualify for exemption, then
claim it on Line 21 with a 8833 or other form to support your claim.

【在 h********0 的大作中提到】

: Very nice post.
: Thanks for sharing.
: Several clarifications:
: (1) Shall 1042-S income also go to Line 7? I thought it's just for the W2
: numbers.
: (2) If my W2 wage is also tax-exempt, i.e., the tax should not be deducted
: but my employer deducted tax
: from my compensation by mistake.
: Line 21 should be (1042-S income + W2 income)
: Is it right?

t*i2009-03-16 07:03

22 楼

See the back side of 1042S for full list.
The two commonly seen codes are:
19: RA and/or TA ==> $5000 exempted ==> Article 20(c).
14: scholarship/fellowship ==> full amount exemptible ==> Article 20(b).
The US-China treaty only applies if you are an F-1 who came directly from
China, no matter how many years you have been in F-1 status continuously
since you first came as an F-1.
Chinese students with F-1 visa but otained the visa outside mainland China
do not qualify for the treaty benefits.

【在 h********0 的大作中提到】

: Tried to find where tosi's previous reply on this, but did not get it yet.
: Can anybody give me a link?
: the
: in
: 21

h*02009-03-16 07:03

23 楼

Many thanks, tosi.
My code is 18 ==> compensation for teaching/research ==> Article 19.

【在 t**i 的大作中提到】

: See the back side of 1042S for full list.
: The two commonly seen codes are:
: 19: RA and/or TA ==> $5000 exempted ==> Article 20(c).
: 14: scholarship/fellowship ==> full amount exemptible ==> Article 20(b).
: The US-China treaty only applies if you are an F-1 who came directly from
: China, no matter how many years you have been in F-1 status continuously
: since you first came as an F-1.
: Chinese students with F-1 visa but otained the visa outside mainland China
: do not qualify for the treaty benefits.

G*d2009-03-16 07:03

24 楼

thank you so much! I have struggled for weeks on this issue