I did some contracting work for a company which mistakenly processed me as a non-resident
aliean and sent me a 1042 S form. I am actually a resident alien. If they cant fix this before the
filing deadline, what should I do ? Should I just attach the 1042-S form to my resident tax return ?

Attach the Form 1042-S to the return IF it has state or federal taxes withheld.

Repoprt the income on Line #21 (Other Income) of Form 1040.

Attach the Form 1042-S to the return IF it has state or federal taxes withheld.

Do you mean that, we don't have to attach the 1042-s IF no taxe has been withheld ?

I got a 1042-s in addition to my w-2, and I am a resident alien for tax purpose this year (J-1 research fellow, third year).
But my 1042-s is showing that no tax (either Fed or state) has been withheld for this income, in accrodance with my tax-treaty.

Hi Guile
I am in the same situation (exept that I get only a 1042-S), please let me know if you have more informations, I'll to the same

Hi Amelodie,
(Moi aussi je suis français ;) )

If you have a 1042s only, my understanding is that you need to fill a 1040-NR or NR-EZ (with cyntax software for example) and claim your tax treaty exemption. If you have a 1042s only you shouldn't be a resident alien.

But I can be wrong.

Attach the Form 1042-S to the return whether money was withheld or not.

According to the IRS what I needed to do was get the employer to cancel the
1042 S, issue a refund of the taxes withheld to me and then get them to send me a
1099 M. This is what I eventually did.

According to the payroll person I could also just have filed the 1042 S, reporting the
income and deduction. He pointed out that it was possible for a resident alien to
get a 1042 S, for example if your status changed during the year.

The first method (getting the Form 1042-S cancelled and a Form 1099-MISC issued) was the correct way to handle it, but the second way was the practical way to resolve the problem.