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Emma Bianchi

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

Just got my 1042-S forms from Fidelity today and I'm really confused. I received 2 forms - one for dividends (income code 6) for $1.35 and another for capital gains distributions (income code 36) for $27. I'm on an F-1 visa so I have nonresident alien status, but I think Fidelity made a mistake and is treating me like a regular nonresident alien instead of as a student. When I'm trying to file using OLT, it's making me select a treaty code for schedule OL line L, but I'm pretty sure I actually need to pay taxes on these amounts. I don't think I'm exempt under any treaty. My question is - can I just change the exemption code myself so I can pay the proper taxes? Or do I need to contact Fidelity and have them issue corrected forms? I don't want to mess this up since it's my first time filing with investment income as an international student. What's the right way to handle this?

The 1042-S form reports income paid to foreign persons, and it sounds like your broker has applied a tax treaty exemption that might not be appropriate for your situation. As an F-1 student, you're generally considered a nonresident alien for tax purposes, but the tax treatment can vary based on specific types of income. For small amounts like $1.35 in dividends and $27 in capital gains, you're right to want to report them correctly. You shouldn't change the exemption code yourself on the official forms you received. Instead, you should contact Fidelity and explain that you believe the forms were issued with incorrect exemption codes for your status as an F-1 student. While waiting for corrected forms, you can still file your taxes using the information you have. On your tax return, report the income as taxable regardless of what the 1042-S shows. This may create a discrepancy between your return and what the IRS has on file from Fidelity, but you can attach a statement explaining the situation.

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Thanks for the info! I'm actually in a similar situation but with Schwab. If we report it as taxable income even though the 1042-S shows it as exempt, won't that potentially trigger an audit or some kind of matching issue with the IRS? Also, how exactly do we "attach a statement" when filing electronically?

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There is a small possibility of a matching notice, but if the amounts are properly reported as taxable income, you're doing everything correctly on your end. The IRS is generally more concerned with unreported income than with taxpayers who report and pay tax on income that might have been exempt. For electronic filing, most tax software has an option to include PDF attachments or additional statements. Look for options like "add forms" or "attach documents" in your software. If your software doesn't allow attachments, you can mail a separate letter to the IRS after e-filing, referencing your name, SSN/ITIN, and tax year, explaining the discrepancy.

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Charlie Yang

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I went through something super similar last year! I had dividend income from Robinhood while on an F-1 visa and they messed up my status. Instead of waiting for them to fix the forms (which took forever when I tried), I found a much easier solution with taxr.ai (https://taxr.ai) - they have a specific tool for international students that handles these exact issues. Their system analyzed my 1042-S forms, figured out the correct tax treatment based on my F-1 status and home country, and prepared the right documentation to explain the discrepancy. Saved me from having to go back and forth with my broker for weeks. They even guided me through which codes should apply to my situation based on my visa status and how long I've been in the US.

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Grace Patel

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Does taxr.ai work for other visa types too? I'm on J-1 and have a similar issue with my 1042-S from Vanguard showing everything as exempt when I'm pretty sure some of it should be taxable depending on my treaty status.

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ApolloJackson

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I'm skeptical - how does it actually determine the correct tax treatment? The rules for international students are super complicated and depend on your specific country, the tax treaty details, and how long you've been in the US. Does it ask for all that info or just make assumptions?

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Charlie Yang

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Yes, it absolutely works for J-1 visas too! The system is specifically designed for international students and scholars on F, J, M, and Q visas. It has all the current tax treaties programmed in and guides you through the specific provisions that apply to your situation. It asks for all the necessary details like your country of citizenship, how long you've been in the US, your specific visa type, and the type of income you're receiving. It's not making assumptions - it's applying the actual tax treaty provisions and IRS rules based on your specific situation. It even explains which parts of your income might be exempt and which parts are taxable so you understand the reasoning.

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Grace Patel

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Just wanted to update - I tried taxr.ai after seeing the recommendation here and it was exactly what I needed! I uploaded my 1042-S forms and answered questions about my J-1 status, and it immediately identified that my broker had applied the wrong exemption code. The system walked me through exactly what needed to be reported as taxable versus exempt based on the tax treaty with my country. It even generated a detailed explanation letter to attach to my return explaining the discrepancy between what my forms showed and what I was reporting. The whole process took about 20 minutes instead of the weeks I was expecting to spend figuring this out! Best part was that it showed me the specific tax treaty articles that applied to my situation so I actually understand why certain income is taxable or not. Much better than just guessing or hoping my broker got it right.

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If you're still struggling with this after trying to fix the forms, you might want to try Claimyr (https://claimyr.com) to get direct help from the IRS. I was in a similar situation with incorrect 1042-S forms as an international student, and after weeks of getting nowhere with my broker, I needed to talk to someone at the IRS who understood tax treaty issues. The problem is the IRS wait times are ridiculous - I kept getting disconnected after waiting on hold for hours. Claimyr got me through to an actual IRS agent in about 20 minutes who specialized in international taxpayer issues. Check out how it works in this video: https://youtu.be/_kiP6q8DX5c The agent confirmed that I could file my return reporting the income as taxable, even though the 1042-S showed it as exempt, and explained exactly how to document the discrepancy. They also sent me to the right department to request corrected forms. Way better than waiting for hours or trying to figure it out alone.

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Rajiv Kumar

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How does Claimyr actually work? Do they just call for you or what? I've been trying to reach the IRS for days about my international student tax situation.

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Sorry but this sounds like BS. There's no way to "skip the line" with the IRS. Everyone has to wait. And even if you do get through, regular IRS agents don't know the complex details of tax treaties and international student exceptions. You'd need a specialized agent, and those appointments take weeks to schedule.

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They don't call for you - they navigate the IRS phone tree and wait on hold so you don't have to. When an agent picks up, you get a call telling you to connect with the IRS representative who's already on the line. It's basically a way to avoid spending hours on hold yourself. They actually have a system that helps route you to the right department. When I used it, I specifically requested the international taxpayer hotline since I knew that's where agents familiar with 1042-S issues and tax treaties would be. You're right that not every IRS agent knows these details, but if you get to the right department (which I did), they absolutely can help with these specialized questions. I spoke with someone who dealt with nonresident tax issues daily and knew exactly how to handle my situation.

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I have to admit I was completely wrong about Claimyr. After my skeptical comment, I was still stuck with my 1042-S issue and getting desperate, so I decided to try it anyway. It actually worked exactly as described. I got through to the IRS International Taxpayer department in about 25 minutes (compared to the 3+ hours I spent trying on my own before getting disconnected). The agent I spoke with immediately understood my F-1 visa situation and explained that my broker had indeed applied the wrong exemption code. She walked me through exactly how to file my return correctly and what documentation to include. The agent even gave me her direct extension and told me to call back if I had any issues after submitting my return. This saved me from potentially filing incorrectly or having to pay a tax professional hundreds of dollars. I'm genuinely surprised and impressed by how well this worked.

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Liam O'Reilly

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Just wanted to add - I'm a tax preparer who works with many international students. The 1042-S confusion is extremely common. Here's what you need to know: 1. Your investment broker probably doesn't have enough information about your specific status to correctly code these forms. They often default to the general nonresident alien classification. 2. For F-1 students, dividend and capital gains income is generally taxable (usually at 30% unless reduced by a tax treaty). 3. Don't manually alter the forms you received - that could cause problems. 4. File Form 8833 (Treaty-Based Return Position Disclosure) if you're claiming treaty benefits, or a statement explaining why you're reporting differently than your 1042-S shows if you're not claiming treaty benefits. 5. If the amounts are small like yours, the likelihood of issues is minimal even if there's a discrepancy.

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Emma Bianchi

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This is so helpful! I've been stressing about this for days. For the Form 8833, would I need to file that even if I'm NOT claiming treaty benefits and actually want to pay taxes on the income that was incorrectly marked as exempt? Also, is there any chance filing with this discrepancy could delay my refund?

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Liam O'Reilly

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If you're NOT claiming treaty benefits (meaning you want to pay tax on income that was incorrectly marked exempt), you don't need to file Form 8833. Instead, you would include a brief statement explaining that the 1042-S was issued with incorrect exemption codes and that you're properly reporting the income as taxable. As for your refund, there's a small possibility of delay if the IRS system flags the discrepancy between your reported taxable income and the exempt income reported by your broker. However, for small amounts like yours, it's unlikely to trigger a significant delay. If you include clear documentation explaining the situation, that helps minimize potential issues.

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Chloe Delgado

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Has anyone used Sprintax for this kind of situation? My university gives it to international students for free, but I'm not sure if it handles investment income correctly.

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Ava Harris

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I used Sprintax last year for my F-1 taxes with dividend income. It does handle 1042-S forms, but I found it a bit confusing for investment income specifically. It asks a lot of questions about your tax residency status and treaty eligibility. The plus side is that it knows the rules for students vs regular nonresident aliens, so it should apply the right tax treatment even if your forms are coded wrong.

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