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 can't 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.

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

Referring to
Publication 519 (2007), U.S. Tax Guide for Aliens (http://www.irs.gov/publications/p519/ch09.html#d0e10653)

In case that amount of money on 1042-s is exempt from tax.

"In most cases, you also will not need to report the income on your Form 1040 because the income will be exempt from U.S. tax under the treaty. However, if the income has been reported as taxable income on a Form W-2, Form 1042-S, Form 1099, or other information return, you should report it on the appropriate line of Form 1040 (for example, line 7 in the case of wages, salaries, scholarships, or fellowships). Enter the amount for which treaty benefits are claimed in parentheses on Form 1040, line 21. Next to the amount write “Exempt income,” the name of the treaty country, and the treaty article that provides the exemption. On Form 1040, subtract this amount from your income to arrive at total income on Form 1040, line 22."

Then how about the 8843. It is requiried to file. I just attached the 1042 S with the 1040 return, right?

Many thanks.

Yes to both questions.

If the income in question is scholarship or Fellowship income, you might find the following help topic helpful :)

Help Topic: Form 1042-S - Box 1, Code 15 Scholarship or Fellowship Income
TaxACT FAQs (http://www.taxact.com/tsupport/FAQDisplay.asp?Question=831&txtSearchValue=scholarship)

Clark

http://www.irs.gov/publications/p519/ch09.html#en_US_publink1000222734

Students, Apprentices, Trainees, Teachers, Professors, and Researchers Who Became Resident Aliens
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How to report income on your tax return. In most cases, you also will not need to report the income on your Form 1040 because the income will be exempt from U.S. tax under the treaty. However, if the income has been reported as taxable income on a Form W-2, Form 1042-S, Form 1099, or other information return, you should report it on the appropriate line of Form 1040 (for example, line 7 in the case of wages, salaries, scholarships, or fellowships). Enter the amount for which treaty benefits are claimed in parentheses on Form 1040, line 21. Next to the amount write “Exempt income,� the name of the treaty country, and the treaty article that provides the exemption. On Form 1040, subtract this amount from your income to arrive at total income on Form 1040, line 22.

You do not have to file Form 8833 for any of the following situations.
You claim a reduced rate of withholding tax under a treaty on interest, dividends, rent, royalties, or other fixed or determinable annual or periodic income ordinarily subject to the 30% rate.

You claim a treaty reduces or modifies the taxation of income from dependent personal services, pensions, annuities, social security and other public pensions, or income of artists, athletes, students, trainees, or teachers. This includes taxable scholarship and fellowship grants.

You claim a reduction or modification of taxation of income under an International Social Security Agreement or a Diplomatic or Consular Agreement.

You are a partner in a partnership or a beneficiary of an estate or trust and the partnership, estate, or trust reports the required information on its return.

The payments or items of income that are otherwise required to be disclosed total no more than $10,000.

You are claiming treaty benefits for amounts that are:

Reported to you on Form 1042-S and

Received by you:

As a related party from a reporting corporation within the meaning of Internal Revenue Code section 6038A (relating to information returns on Form 5472 filed by U.S. corporations that are 25-percent owned by a foreign person), or

As a beneficial owner that is a direct account holder of a U.S. financial institution or qualified intermediary, or a direct partner, beneficiary, or owner of a withholding foreign partnership or trust, from that U.S. financial institution, qualified inter- mediary, or withholding foreign partnership or trust.

The exception described in (6) above does not apply to any amounts for which a treaty-based return disclosure is specifically required by the Form 8833 instructions.