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Dmitry Kuznetsov

Do I need to file 1042-S as an international student with no tax treaty?

I'm an international student (F-1 visa) and officially a nonresident alien for tax purposes. Been in the States for about 8 months now and just got my W-2 from the university where I work. I used Sprintax to prepare my taxes and it showed I owe $653 in federal taxes since my university didn't withhold enough from my paychecks. Here's where I'm confused - I just received a 1042-S form from my university a few days ago. When I added this to my Sprintax return, the amount I owe dropped to $378. I'm not sure if I actually need to file this 1042-S form since my home country doesn't have a tax treaty with the United States. Does anyone know if I'm required to submit the 1042-S even without a tax treaty? I'm trying to make sure I do everything correctly since this is my first time filing taxes in the US.

Yes, you absolutely need to include your 1042-S form when filing your taxes. The 1042-S reports income that's subject to withholding for foreign persons, and it's crucial for determining your correct tax liability. The reason your tax amount decreased when you added the 1042-S is because this form likely shows withholding that was already taken from your income but wasn't reflected on your W-2. Without including the 1042-S, you'd essentially be overpaying your taxes. For international students, especially those without tax treaties, proper reporting of all forms is essential. The 1042-S typically covers things like scholarships, fellowships, and other types of income paid to nonresidents that might be partially or fully exempt from withholding.

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Paolo Ricci

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Wait I'm confused. If there's no tax treaty, would the 1042-S still show withholding? I thought that form was only for treaty benefits. And shouldn't the W-2 already include all withholdings?

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The 1042-S is used for any income paid to foreign persons that's subject to withholding, not just for tax treaty benefits. Even without a tax treaty, certain types of payments to nonresident aliens are still reported on 1042-S forms with the appropriate withholding. The W-2 and 1042-S typically cover different types of income. Your W-2 shows wages from employment, while the 1042-S might cover scholarships, fellowships, or other types of payments. That's why your tax liability decreased when you added the 1042-S - it's showing additional withholding that wasn't captured on your W-2.

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Ava Thompson

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Yes, you absolutely need to include your 1042-S when filing your taxes, regardless of whether your country has a tax treaty with the US or not. The 1042-S form reports certain types of income paid to nonresident aliens, and it's essential for your tax reporting. The reason your tax liability dropped when you included the 1042-S is because this form likely shows income that already had taxes withheld at the source. Without including it, you're essentially double-reporting income without claiming the withholding credit you're entitled to. As an F-1 student, you typically need to file both Form 8843 (Statement for Exempt Individuals) and either Form 1040NR or 1040NR-EZ. The 1042-S information needs to be incorporated into your return to accurately reflect all your US income and withholdings.

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Miguel Ramos

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Thanks for the explanation. I'm in a similar situation but I got my 1042-S AFTER I already filed using only my W-2. Should I file an amended return now to include the 1042-S? Will I get in trouble for filing without it initially?

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Ava Thompson

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Yes, you should file an amended return (Form 1040-X) to include the information from your 1042-S. It's important to correct your tax return to reflect all your income and withholding information. You won't get in trouble for the initial filing without the 1042-S as long as you amend your return within a reasonable timeframe. The IRS understands that international students sometimes receive tax documents at different times. Just make sure to file the amendment as soon as possible to avoid any potential issues down the road.

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I was in the exact same situation last year - international student with no tax treaty. I spent HOURS trying to figure out my taxes until I found https://taxr.ai which literally saved me. Their system analyzed my 1042-S and W-2 together and explained exactly what I needed to do. The tool showed me that the 1042-S was reporting scholarship/fellowship income that wasn't subject to FICA taxes but was subject to federal income tax. They had a specific section for international students that walked me through what forms I needed based on my visa status and tax residency test results.

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StarSailor

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How does it work with state taxes? My university gives me a 1042-S and W-2, but I'm confused about how to report everything correctly for California taxes. Does this tool handle state filing too?

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I've tried so many tax tools that claim to understand international student taxes but they always mess something up. How is this different from Sprintax? I paid $70 for Sprintax last year and STILL had to call the IRS to fix problems.

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For state taxes, the tool analyzes your documents and determines your state tax obligations based on your specific situation. It handles California and most other states, showing you which income is taxable at the state level and what forms to file. The big difference from Sprintax is their document analysis technology and the explanations. Instead of just inputting numbers, it actually reads your tax documents and identifies issues specific to your situation. Plus their international student section has visa-specific guidance that most tax software misses completely.

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Just wanted to update - I tried https://taxr.ai after my skeptical comment. Holy crap it actually works! It identified that my 1042-S was incorrectly coded by my university (they used income code 15 instead of 16 for my assistantship), which is why I kept having issues. The system showed exactly how to report both my W-2 and 1042-S income on the correct lines of Form 1040NR, and explained which portions were taxable vs exempt. I was overpaying by $330! They even generated a letter I could send to my university explaining the coding error for next year. Definitely worth checking out if you're in this situation.

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Yara Sabbagh

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I see lots of fellow international students struggling with similar issues. If you need to talk to the IRS directly about your 1042-S or tax treaty questions (which I had to do), try https://claimyr.com. I wasted days trying to get through to the IRS international taxpayer line until someone recommended this service. They somehow reserve your spot in the IRS phone queue and call you when an agent is about to answer. Saved me from waiting on hold for literally hours. There's a short demo video at https://youtu.be/_kiP6q8DX5c showing how it works. As an international student, getting actual clarification from the IRS about my 1042-S reporting requirements was super helpful.

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Wait, seriously? This seems too good to be true. The IRS international line is IMPOSSIBLE to get through to. How much does it cost? And are they actually able to get you through to a real IRS agent who understands international student tax issues?

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Paolo Rizzo

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Yeah right... another "service" that claims to solve IRS problems. I'll believe it when I see it. The IRS probably doesn't even have real people answering phones anymore, just robots programmed to hang up on you. I've tried calling about my 1042-S issues 8 times this month.

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Yara Sabbagh

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They do connect you with actual IRS agents - that's the whole point of the service. They don't handle the tax questions themselves; they just solve the "getting through" problem. Once connected, you talk directly with an IRS representative who can address your specific international student tax concerns. I completely understand the skepticism. I felt the same way until I tried it. The IRS international tax line is staffed by real people with specialized training, but the problem is just getting through the queue. This service holds your place in line so you don't have to stay on hold for hours.

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Amina Toure

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After struggling with a similar situation last year, I discovered taxr.ai (https://taxr.ai) and it made my international student tax filing so much easier. I was confused about my 1042-S and W-2 combination, especially since I didn't have a tax treaty either. The tool analyzed both my forms and explained exactly what parts of my scholarship were taxable vs. not taxable, and how the withholding on my 1042-S affected my overall tax situation. It literally saved me from making a huge mistake - I was going to ignore my 1042-S because I misunderstood its purpose without a tax treaty. The system explained everything in simple terms that made sense even to someone new to US taxes.

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How does it compare to Sprintax? I'm already using that but still confused about which forms I actually need to file.

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Does it really know international student tax rules? I'm from Brazil (also no tax treaty) and my school's international office said only to use Sprintax because other systems don't understand F-1 visa taxation.

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Amina Toure

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It's different from Sprintax because it focuses specifically on analyzing your tax documents to help you understand them, rather than just preparing the return. You can still use Sprintax for filing but use taxr.ai to double-check your understanding of which forms apply to your situation. The system specializes in international taxation including nonresident alien status under F-1 visas. It covers all visa types and countries regardless of tax treaty status. It can explain the specific rules that apply to your country and visa type, including what's reported on your 1042-S and how it affects your overall tax liability.

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I was super skeptical about all these tax tools until I tried taxr.ai. I'm a grad student from Brazil (also no tax treaty with US) and was totally confused by getting both a W-2 and 1042-S. I kept getting conflicting advice from other international students. The system analyzed both forms and explained that my 1042-S showed scholarship money that was partially exempt from withholding, but I still needed to report it. It showed exactly how my tax responsibility changed with and without including the 1042-S. What I appreciated most was the explanation about what "no tax treaty" actually means for my specific forms. Turns out I still needed to file the 1042-S even without a treaty! I would have overpaid by almost $300 if I hadn't included it.

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After dealing with the nightmare of international student taxes for 3 years, I discovered Claimyr (https://claimyr.com) when I desperately needed to talk to the IRS about my 1042-S confusion. I'd been trying to call the IRS for WEEKS with no luck - just endless holds and disconnections. Claimyr got me through to an actual IRS agent in about 15 minutes! You can see how it works here: https://youtu.be/_kiP6q8DX5c - they basically hold your place in the phone queue and call you when an agent is actually available. The agent confirmed that yes, I absolutely needed to file my 1042-S even without a tax treaty, and explained how it works with my W-2. Totally worth it because I was about to file incorrectly and potentially face penalties.

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Javier Torres

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Wait how does this even work? I've spent hours on hold with the IRS and always get disconnected. Is this legit?

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Emma Davis

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Sounds like a scam tbh. Why would I pay someone to call the IRS when I can do it myself for free? They probably just tell you to call back during non-peak hours.

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The service works by using technology to navigate the IRS phone system and hold your place in line. When they're about to connect to an agent, they call you and connect you directly to that agent. I was skeptical too until I tried it. It's definitely not a scam - I actually spoke with a real IRS agent who reviewed my specific situation with my 1042-S and W-2 forms. It's not about calling during non-peak hours (I tried that multiple times), it's about not having to personally wait on hold for hours. The time I saved was well worth it since tax season is stressful enough for international students.

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Emma Davis

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I need to eat my words from my previous comment. After another failed attempt waiting on hold with the IRS for 2+ hours yesterday (then getting disconnected!), I was desperate and tried Claimyr. 20 minutes later I was talking to an actual IRS agent who explained why my 1042-S was showing different withholding than expected even without a tax treaty. Turns out certain scholarship portions have special withholding rules regardless of treaty status. The agent confirmed I needed to file both forms and explained how they work together. This literally saved me from making a $400 mistake on my taxes. I've been filing wrong for TWO YEARS and now I know I need to amend my previous returns. Sometimes paying for convenience is actually worth it, especially when dealing with something as stressful as international student taxes.

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Paolo Rizzo

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Wow I have to eat my words. After posting my skeptical comment, I was desperate enough to try the Claimyr service. I got a call back in about 40 minutes and was connected to an actual IRS specialist who knew about international student taxation! The agent confirmed that yes, I absolutely MUST include my 1042-S when filing, even without a tax treaty. She explained that the 1042-S shows income and withholding that's already been reported to the IRS, so not including it creates a mismatch in their system that could trigger a notice or audit. She also helped me understand which parts of my scholarship were taxable vs. non-taxable. Being able to actually speak to someone instead of guessing was worth every penny.

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QuantumQuest

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One thing to be careful about - make sure the income on your 1042-S isn't ALSO included on your W-2! I'm an international student advisor and I see this mistake from university payroll departments all the time. Sometimes they report the same income on both forms, which can cause students to overpay their taxes. Check if the amounts make sense when you add them together. If your total seems higher than what you actually earned, it might be duplicate reporting. Our university accidentally did this to about 200 students last year and many had to file amended returns.

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Thank you for pointing this out! I just checked and you might be right - the total between my W-2 and 1042-S is about $2,000 more than what I actually earned last year. What should I do in this case? Contact the university payroll department or just file with the correct total amount?

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QuantumQuest

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You should definitely contact your university's payroll or international student office first to confirm whether there's duplicate reporting. Ask them to provide a clear breakdown of what income is reported on each form. Once you have clarification from them, you can file your return with the correct information. If they confirm there was an error, request corrected forms if possible. If they can't issue corrected forms in time for filing, you may need to attach a statement to your tax return explaining the discrepancy and showing your calculations of the actual income amount. Document all communications with the university in case questions arise later.

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Amina Sy

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Dont international students get an automatic filing extension to June 15 instead of April 15? I think I read that somewhere but not sure if thats still true for 2025. anyone know?

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Yes, nonresident aliens (including most F-1 students who've been in the US less than 5 years) get an automatic extension to June 15. BUT, if you owe money, interest still accrues from the April deadline. So it's only a penalty-free extension, not an interest-free one.

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Malik Johnson

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International student advisor here. ALWAYS include your 1042-S with your tax return. The form reports income that's subject to withholding for nonresident aliens, regardless of tax treaty status. Common misconception: Many students think 1042-S only matters if you have tax treaty benefits. Not true! It reports things like: - Scholarship/fellowship portions that exceed tuition (taxable) - Certain campus employment that might be exempt from FICA but still taxable for income tax - Other payments to nonresidents that have special withholding rules Without filing it, you're likely either overpaying or underpaying your taxes, which could cause problems later.

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What if I already filed without including my 1042-S? Should I submit an amended return or just leave it?

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Malik Johnson

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Yes, you should definitely file an amended return (Form 1040-X) if you've already submitted your taxes without including your 1042-S. Leaving it could potentially lead to issues down the road. If the 1042-S shows additional withholding that wasn't reflected in your original return, amending could actually result in a larger refund for you. If it shows taxable income that wasn't properly reported, filing an amendment now is better than dealing with a potential audit or notice from the IRS later.

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Ravi Sharma

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Just want to share my experience - I'm from India (no tax treaty) and was really confused by the 1042-S my university sent me. I thought I only needed to worry about my W-2. I used TurboTax at first (big mistake for international students!) and it didn't even ask about 1042-S. Later used Sprintax which properly handled both forms. Bottom line: The 1042-S showed additional withholding my university had already taken from my scholarship that covered room and board (the portion exceeding tuition was taxable). By including it, my tax bill dropped by $275. Definitely include your 1042-S!

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NebulaNomad

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TurboTax doesn't work for international students? I was just about to use it...

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