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Aaliyah Reed

Can I change my tax exemption code as an F-1 student for my 1042-S forms?

Just got my 1042-S forms from Fidelity today and I'm a bit confused. They sent me two forms (income codes: 6/dividends/$1.35 and 36/capital gains distributions/$26.80). I'm an international student on an F-1 visa with nonresident alien status. The problem is I think my broker might have classified me incorrectly as a regular nonresident alien instead of a student. Now when I'm using OLT for my taxes, it's asking me to select a treaty code for schedule OL line L, but I'm pretty sure I actually need to pay taxes on this income as an F-1 student. I'm wondering if I can just modify the exemption code myself to correct this situation? Or would that cause issues? What's the proper way to handle this when my broker seems to have given me the wrong classification? Do I need to contact Fidelity or can I just override this somehow when filing?

Ella Russell

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This is a common confusion with 1042-S forms for international students. Your broker has likely classified you using the standard nonresident alien codes rather than recognizing your student status. You should not change the exemption code yourself on the actual 1042-S form - that's considered altering an official tax document. However, you can correctly report your status on your tax return regardless of how the broker classified you. As an F-1 student, you're generally considered a nonresident alien for tax purposes, but your income treatment depends on how long you've been in the US and the specific tax treaty between your home country and the US. Most investment income (dividends and capital gains) is typically taxable for F-1 students unless your specific tax treaty provides an exemption. The best approach is to contact Fidelity and ask them to issue a corrected 1042-S. Explain that you're an F-1 student and believe you were misclassified. They should be able to reissue the form with the correct status.

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Mohammed Khan

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Thanks for the detailed explanation! I'm also an international student with investment income. If Fidelity doesn't reissue a corrected form before the filing deadline, should I just file using the incorrect 1042-S and then file an amended return later when I get the correct form? Or should I file for an extension?

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Ella Russell

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If Fidelity doesn't reissue the form before the deadline, filing for an extension is your best option. This gives you extra time (usually until October 15) to get the corrected form and file accurately. Filing with incorrect information and then amending later is possible but creates more work and potential confusion. The IRS might question the discrepancy between your original return and the information reported by Fidelity, which could trigger unnecessary correspondence or even an audit.

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Gavin King

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Lucas Turner

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Lucas Turner

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Layla Sanders

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I work at a university tax assistance program for international students, and we see this 1042-S issue frequently. Here's my advice: if your income is small (which $28 seems to be), the simplest approach might be to just report it as taxable income even if it potentially could be exempt under a treaty. For such small amounts, the tax impact is minimal, and it avoids potential back-and-forth with both the broker and the IRS. However, if you expect larger investment income in the future, it's worth getting the classification corrected for those future forms. Also, check if your university has a free tax assistance program for international students - many do, and they're specifically trained on these exact issues!

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Would reporting it as taxable when it could be exempt cause any issues with visa status or future immigration applications? I've always heard we should be very careful about tax compliance with student visas.

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Layla Sanders

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Reporting potentially exempt income as taxable generally won't cause any immigration issues. Immigration authorities are primarily concerned with tax compliance (that you filed when required), not whether you paid slightly more tax than necessary. In fact, it's often considered safer from an immigration perspective to pay tax when in doubt rather than claiming exemptions incorrectly. The risk would be in the other direction - claiming exemptions you're not entitled to could potentially be viewed as tax avoidance. So if you're uncertain and the amounts are small, paying the tax is usually the safest approach.

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Kaylee Cook

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I'm confused about something related to this... I'm also on F-1 and received some 1042-S forms. Do we need to file both Form 8843 AND Form 1040-NR for these? Or just the 1040-NR? My university tax workshop wasn't clear on this part.

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Ella Russell

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You need to file both forms. Form 8843 is required for all F-1 students to document your presence in the US and your exempt status, even if you have no income. Form 1040-NR is the actual tax return you file to report income and calculate any tax owed. So in your case with 1042-S income, you'd file both the 8843 and the 1040-NR. They serve different purposes but are both part of your complete tax filing as an F-1 student.

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