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Guile
Apr 13, 2007, 09:08 AM
Hi,
I just found this great forum, very helpful.

I am about the send my 1040 form for my 2006 taxes. I just want to make sure I anderstood correctly the IRS web site about my situation.

I am a research fellow under a J1 visa and entered the us in March 2004, I am French so I got the benefit of a Tax treaty for 2 years. My anderstanding is that for 2006 I got Jan and Feb under the tax treaty and then the rest of the year without. And I am now a Resident Alien according to the IRS Test.

So I got:

- 1042-s form, but with no tax withholding at all, showing my Jan-Feb gross income.
- W2 form showing regular wage and tax withholding for March to Dec.

Then I filled up a 1040 using Turbotax, and as there already no tax that has been withheld on my 1042 I didn't put the amount of the 1042 box 2 on the 1040 form.

And as my gross income on my 1042 is lower than $10,000 I don't need to fill a 8833 form

Here is the IRS publication: Publication 519 (2006), U.S. Tax Guide for Aliens (http://www.irs.gov/publications/p519/ch09.html)

So can you confirm please that I got it right ?
I proceeded in the same way for my Massachusetts Tax forms.

Do I still need to send a copy of my 1042 with the 1040 and the W2 ?

Thanks in advance for any reply. :)

G.

Guile
Apr 13, 2007, 11:36 AM
I am relpying to myself,

After reading and reading and reading... I now think that my 1040 is ok and I just have to attached my 1042-s with a 8833 form, but don't need to show the 1042-s details on the 1040 from.

Am I correct ?

AtlantaTaxExpert
Apr 20, 2007, 09:22 AM
First, since you were a non-resident alien for part of 2006, you MUST file Form 1040NR instead of Form 1040.

Second, I would need to see the Form 1042-S to determine if it represents taxable income. I suspect that it IS taxable, but I am not sure.