bluelobster
May 15, 2012, 11:30 AM
My wife is now a Resdient Alien for tax purposes under the 5-year rule, and I am a Non-Resident Alien. We would like to file jointly this year, which seems easy enough if I choose to be treated as a Resident Alien for taxes.
The problem is I didn't realize that our status would change this year, and submitted an 8233 to my university/employer, so now have a 1042-S. To make things even more complicated, I've exceeded the allowable income under the tax treaty, so now my whole income is taxable (so I have a W-2 for the balance that exceeds the treaty).
My questions are:
1) Should we file a joint return, along with a letter authorizing that I be treated as a Resident Alien, and include the income from the 1042-S on line 21?
2) Since I exceeded the treaty amount, should I attach the 1042-S to the return, but NOT the 8233, since I cannot claim the treaty, and the income is now taxable? And is there any other action necessary to indicate that I am NOT claiming the treaty?
Thanks in advance... there isn't any information I could find on the IRS site about what to do with a 1042-S if you are no longer claiming the tax treaty.
BL
The problem is I didn't realize that our status would change this year, and submitted an 8233 to my university/employer, so now have a 1042-S. To make things even more complicated, I've exceeded the allowable income under the tax treaty, so now my whole income is taxable (so I have a W-2 for the balance that exceeds the treaty).
My questions are:
1) Should we file a joint return, along with a letter authorizing that I be treated as a Resident Alien, and include the income from the 1042-S on line 21?
2) Since I exceeded the treaty amount, should I attach the 1042-S to the return, but NOT the 8233, since I cannot claim the treaty, and the income is now taxable? And is there any other action necessary to indicate that I am NOT claiming the treaty?
Thanks in advance... there isn't any information I could find on the IRS site about what to do with a 1042-S if you are no longer claiming the tax treaty.
BL