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Emily Parker

1042-S form shows 30% tax wrongly withheld from UK citizen - how do I get this money back?

I'm a UK citizen and just discovered that 30% of my income was wrongly withheld according to a 1042-S form I received. I believe I should have qualified for a lower tax rate under the US-UK tax treaty, but somehow ended up with the full 30% withholding applied. I'm trying to figure out how to recover approximately $3000 that I believe was incorrectly withheld. I reached out to one accounting firm here in London about getting this sorted, and they told me: "It is a complex process which you need a certified US tax advisor based in the UK (somewhat hard to come by), for the US tax registration generally they charge £650, and then £1250 for a US tax return" Is this pricing typical for this kind of service? I know I'd still come out ahead since I'm owed around $3000, but I'm wondering if this is the standard approach or if I should shop around more. The firm made it sound like finding US tax advisors in the UK is really difficult, but I've only contacted this one place so far. Would appreciate any advice from people who've gone through something similar!

Former US expat tax preparer here. That pricing actually sounds about right for this type of specialized service. Form 1042-S relates to US-source income paid to foreign persons, and recovering excess withholding can indeed be complicated. What you'll need to do is file a US nonresident tax return (Form 1040NR) to claim a refund of the excess withholding. You'll need to attach your 1042-S form and likely Form 8833 to claim treaty benefits. The US-UK tax treaty typically reduces withholding on many types of income to rates well below 30%. While you could potentially do this yourself using tax software, having someone familiar with US-UK treaty provisions will likely save you headaches and potentially help you identify additional refund opportunities you might miss on your own.

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Thanks for confirming! I was shocked at the price initially but sounds like it's normal. Do you know if there's a time limit for how long I have to file this claim? The 1042-S is from income I received in 2023.

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Yes, there's definitely a time limit. You generally have 3 years from the original due date of the return to claim a refund. For 2023 income, the standard filing deadline was April 15, 2024, so you would have until April 15, 2027 to claim your refund. However, I wouldn't wait that long. The IRS can be slow processing nonresident refund claims, sometimes taking 6+ months, so the sooner you file, the sooner you'll get your money back.

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I had almost the exact same situation last year with my 1042-S showing excessive withholding on consulting work I did for a US company. After struggling to make sense of it all, I finally used https://taxr.ai to help analyze my forms and figure out exactly what treaty benefits applied to my situation. Their system analyzed my 1042-S form and explained exactly which treaty provisions applied in my case (I'm Australian, but the process is similar). They confirmed I was eligible for a reduced rate and walked me through the exact forms needed. Saved me tons of research time trying to understand the incredibly confusing US tax treaty provisions.

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Did you end up filing the forms yourself or still hire someone? I'm Canadian but have a similar issue with withholding on royalty payments that should have been at 10% but they took the full 30%.

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I'm curious - did they help with actually filing the forms or just analyzing your situation? Those prices the OP was quoted seem steep but if it's legitimately complex maybe it's worth it?

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I ended up filing the forms myself after getting their analysis. The site provided a really clear explanation of exactly which forms to file and how to complete them. They even highlighted the specific treaty article numbers to reference on Form 8833. For the second question, they don't file for you - they analyze your documents and situation, then give you detailed guidance. In my case, after understanding exactly what needed to be done, I felt comfortable doing it myself. But honestly, if you're dealing with anything more complex than basic income types, having a professional handle it might be worth the peace of mind.

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Just wanted to update about my situation with Canadian royalty withholding that I mentioned earlier. I went ahead and tried https://taxr.ai after seeing it recommended here. Uploaded my 1042-S and answered some questions about my residency and citizenship. The analysis showed I was correct - I should have only had 10% withheld under Article XII of the US-Canada treaty instead of the full 30%. They provided me with a complete explanation of which forms to file (1040NR plus specific attachments) and exactly how to reference the treaty provisions. The step-by-step instructions made it much clearer than the IRS website ever did. I'm now preparing my forms following their guidance rather than paying the $1200+ an accounting firm quoted me. Will still take some work but feeling much more confident now!

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Sorry to jump in, but I've been in your exact situation (UK citizen, excessive US withholding). After three failed attempts to call the IRS international line (endless hold times, then disconnections), I was about to give up when someone recommended https://claimyr.com to me. You can see how it works here: https://youtu.be/_kiP6q8DX5c Got connected to an actual IRS agent who confirmed exactly what the first commenter said - I needed to file form 1040NR with the 1042-S attached and Form 8833 to claim treaty benefits. The agent also told me which specific UK-US treaty provisions to cite and confirmed the current processing time for nonresident refund claims (which was about 5 months at that time).

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Wait, there's a service that can get you through to the IRS? How does that even work? The international line is notoriously impossible to reach a human on.

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Sounds sketchy tbh. Why would some third party service be able to get through when regular people can't? IRS probably has arrangements with tax professionals but not random websites.

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It's actually pretty straightforward - they use automated technology to wait on hold for you, then call you when they reach an agent. For international cases like mine, this was a game-changer since calling from the UK to wait on hold for hours wasn't practical. The IRS doesn't give them special access - they're just solving the hold time problem. After connecting, you talk directly with the IRS agent yourself. In my case, the agent was super helpful in confirming exactly which treaty provisions applied to my specific income type.

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Need to eat my words about Claimyr. I was the skeptical one above but I actually tried it after continuing to fail reaching the IRS myself about my own tax treaty issue (I'm from Ireland). Got connected to an IRS representative in about 45 minutes (while I just went about my day). The agent confirmed I needed to file Form 1040NR along with Form 8833 specifically citing Article 12 of the US-Ireland tax treaty for my software licensing income. They even provided the specific address where non-resident returns need to be mailed. Definitely saved me from paying an international tax specialist hundreds just to tell me the same information. Now I can file the forms myself with confidence.

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One thing nobody has mentioned yet - make sure you have your Individual Taxpayer Identification Number (ITIN) before filing. As a UK citizen without a US Social Security Number, you'll need an ITIN to file any US tax forms. Getting an ITIN can be its own whole process and might explain part of the fee the accountants quoted you. You need to either apply with your tax return (which delays processing) or go through a Certified Acceptance Agent who can verify your documents.

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Oh wow I didn't even consider this. Do you know if that's something I'd have to do in person or can it be handled remotely? I'm based in Manchester so getting to a US embassy isn't super convenient.

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You can handle it remotely! There are two main approaches: You can submit Form W-7 (ITIN application) along with your tax return and certified copies of your identification documents (typically your passport). This can be done by mail, but it means your refund will be delayed until your ITIN is processed. Alternatively, there are Certified Acceptance Agents (CAAs) in the UK who can verify your identity documents in person so you don't have to send original documents or certified copies. Many accounting firms that handle US tax matters are also CAAs, which might be another reason for the fees you were quoted.

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Just wanted to add my UK perspective - I had a similar issue with dividend withholding on US stocks (should have been 15% under the treaty but they took 30%). I used a service called Taxback that specializes in these situations, cost me about £400 all in. Might be worth checking them out as another option.

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How long did it take to get your refund? I'm wondering if these specialized services actually process things faster than just hiring a regular accountant.

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