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    nicbru2's Avatar
    nicbru2 Posts: 5, Reputation: 1
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    #1

    Mar 11, 2014, 09:31 AM
    What to do with form 1042-S, when filing as a resident alien?
    I am a foreign postdoc, working at an American University. I received (2013) W2 and 1042-S forms (the latter with Inc. code 18); I understand that 1042-S is intended for non-resident aliens. For tax year 2013, however, I meet the substantial presence test and so do my dependents; moreover, in my case, filing as a residential alien (thus using 1040A) would be advantageous. I assume, however, that if I use form 1040A, the amount listed on the 1042-S (box2) will NOT be subject to withholding tax. If my assumption is correct, then I have the following question: is it OK if I calculate my income (wages, salaries) by summing the amounts listed on the W2 form (box1) and the 1042-S form (box2), and report this on line 7 of the 1040? If so, do I attach both forms to my tax return?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Mar 11, 2014, 12:17 PM
    If you are a foreign post-doc, it is likely you are on either a J-1 or F-1 visa.

    That being the case, the time under these visas does not count towards the Substantial Presence Test.

    If you are from India, you can claim your dependents on Form 1040NR. Do not forget to also submit Form 8843.

    If you need professional help with this, this IS what I do! Please email me at the email address in my profile if interested.
    nicbru2's Avatar
    nicbru2 Posts: 5, Reputation: 1
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    #3

    Mar 11, 2014, 12:40 PM
    Quote Originally Posted by AtlantaTaxExpert View Post
    If you are a foreign post-doc, it is likely you are on either a J-1 or F-1 visa.

    That being the case, the time under these visas does not count towards the Substantial Presence Test.

    If you are from India, you can claim your dependents on Form 1040NR. Do not forget to also submit Form 8843.

    If you need professional help with this, this IS what I do! Please email me at the email address in my profile if interested.
    Thank you for your reply! I am almost sure that I can file as a resident alien because I was present in the USA from 2001 to 2008 (first on an F1 and later on a J1 visa), and then again from 2012 till the present (now as a J1 research scholar).
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    Mar 11, 2014, 05:24 PM
    Okay, you failed to mention the earlier visit on F-1 and J-1 visas.

    Yes, I agree that you CAN file as a resident, but you will need to MAIL the return with the W-2 and Form 1042-S attached to the tax return, because most tax software has NO procedure to enter the Form 1042-S data.
    nicbru2's Avatar
    nicbru2 Posts: 5, Reputation: 1
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    #5

    Mar 11, 2014, 06:41 PM
    The agent, who attended me during my visit to the local IRS office, this morning, told me that he was not authorized to answer 1042-S related questions. So, thank you very much!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #6

    Mar 11, 2014, 07:16 PM
    Glad to help!
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