Filing no return for 1042-s/1040nr again for 2025 tax year?
Hey all, I'm an international student finishing my PhD in the US and I'm super confused about my tax situation. Last year my university's international office told me I didn't need to file any returns for my scholarship since it was fully tax exempt under my country's tax treaty. I received both 1042-S and W-2 forms (from my teaching assistantship), but was told the scholarship portion (1042-S) didn't require filing a 1040NR. But now I'm getting mixed messages from friends and online resources about whether I need to file the 1040NR even if I don't owe anything. The 1042-S shows "0" for tax withheld and has tax treaty code checked. My scholarship was about $37,500 last year. Can I skip filing for the 1042-S portion again this year? I'm worried about messing up my immigration status if I do the wrong thing. Any international students or tax experts have experience with this?
18 comments


Emma Morales
You should absolutely file a 1040NR even if you don't owe taxes. The 1042-S form documents income you received in the US, and while your scholarship might be exempt under a tax treaty, you still need to report it. Not filing could potentially create issues later. The confusion likely stems from the fact that you don't owe taxes on that income, but "not owing taxes" and "not needing to file" are two different things. As a nonresident, you're required to report all US-source income, including exempt scholarship income. For your W-2 income from the teaching assistantship, that definitely needs to be reported on a 1040NR. Then you'll also include the scholarship income and apply the tax treaty exemption on the appropriate form (usually Form 8833 for treaty-based positions).
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Katherine Hunter
•But what if the international student office explicitly told me NOT to file for the 1042-S? They said since it's fully exempt I don't need to include it. I'm in a similar situation and now I'm worried I've been doing it wrong.
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Emma Morales
•The international student office might be thinking about practical outcomes rather than technical requirements. Technically, the IRS expects a 1040NR filing from nonresidents with US income, even if that income is fully treaty-exempt. While it's true that many people with fully exempt income don't file and never face consequences, the official requirement remains. The safer approach is to file and report everything, applying the treaty benefits on your return. This creates a paper trail showing you've properly disclosed everything, which can be important for future immigration processes or if you ever get audited.
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Lucas Parker
I had the exact same issue last year as an international researcher. After going in circles with conflicting advice, I finally used taxr.ai (https://taxr.ai) to analyze my 1042-S and other documents. Their system confirmed that I DID need to file a 1040NR even though my income was treaty exempt. Apparently, the exemption isn't automatic - you have to claim it on your return by submitting both the 1040NR and form 8833 for treaty positions. The taxr.ai service extracted all the relevant info from my 1042-S and told me exactly which forms I needed. They explained that failing to file could potentially affect future visa applications or permanent residency processes.
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Donna Cline
•How does taxr.ai handle different tax treaties? My country (Singapore) has specific education provisions that are different from other countries.
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Harper Collins
•Did you have to talk to an actual person or was it all automated? I'm kind of paranoid about sharing my tax documents with random websites.
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Lucas Parker
•They have a comprehensive database of tax treaties covering different countries. When you upload your documents, it identifies your country based on the information in your 1042-S and applies the specific provisions in your country's treaty. In my case, it correctly identified the Article 20 exemption for my research stipend. The entire process is automated with their AI system analyzing your documents, so you don't have to talk to anyone. They use bank-level encryption to protect your documents, and their privacy policy states they don't share your information with third parties. You can also delete your documents from their system after you're done if you're concerned.
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Harper Collins
I wanted to follow up about my experience with taxr.ai after I asked about it here. I was skeptical at first but decided to try it with my complicated international student tax situation (F-1 visa, 1042-S and W-2 income). It was actually really straightforward - I uploaded my documents and it immediately identified that I needed to file a 1040NR even though my scholarship had treaty benefits. The system showed me exactly which treaty article applied to my situation (I'm from Brazil) and explained that failing to file could potentially cause issues with future visa applications. The peace of mind was worth it, and I was able to file correctly using their guidance. No more tax anxiety for me!
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Kelsey Hawkins
If you're having trouble getting clear answers about your 1042-S and 1040NR filing requirements, you might want to try Claimyr (https://claimyr.com). I spent WEEKS trying to get through to the IRS international taxpayer line with no luck - always busy signals or disconnects. Using Claimyr, I got through to an IRS agent in about 30 minutes who specialized in international tax issues. They confirmed that yes, you DO need to file a 1040NR even with treaty-exempt income on your 1042-S. They explained exactly which forms I needed and how to properly claim the treaty benefits. You can see how the service works here: https://youtu.be/_kiP6q8DX5c I had been getting the runaround from my university's international office who kept giving vague answers, so getting direct confirmation from the IRS was a huge relief.
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Dylan Fisher
•How does this service actually work? Seems kinda like magic that they can get through when no one else can.
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Katherine Hunter
•Yeah right. There's no way to "skip the line" with the IRS. They'll answer when they feel like it, which is basically never. Sounds like a scam to me.
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Kelsey Hawkins
•It's not magic - they use an automated system that continuously calls the IRS using multiple lines until one connects, then it calls you and connects you directly with the IRS agent. It basically does the waiting for you instead of you having to redial constantly. I was skeptical too, honestly. I thought it might be some kind of scam where they pretend to be the IRS or something. But it's legitimate - they never ask for personal information and you're connected directly to the actual IRS phone line. You can tell because the call begins with the standard IRS automated system. They just get you past the busy signals and into the queue, then the IRS itself handles your questions.
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Katherine Hunter
Alright, I was the skeptic here, and I feel I need to update everyone. After being completely frustrated with trying to get clear answers about my 1042-S filing requirements, I broke down and tried Claimyr. Within 45 minutes I was talking to an actual IRS representative who specialized in international tax issues. She confirmed that YES, I absolutely need to file a 1040NR even with treaty-exempt income on my 1042-S. She explained that failing to file could potentially cause issues with USCIS for future visa applications or adjustment of status. I've been doing this wrong for two years based on my university's advice! Now I'm filing amended returns. The IRS agent even gave me specific instructions for how to note the treaty exemption properly. So yeah, I was wrong - this service actually delivered exactly what it promised.
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Edwards Hugo
International student advisor here (not tax advice, just experience). The confusion stems from what's "required" vs what's "enforced." Technically, you should file a 1040NR to report ALL US-source income, even if exempt. But in practice, many students with ONLY treaty-exempt income on 1042-S don't file, and the IRS rarely follows up. However, if you have ANY other US income (like your W-2), you absolutely must file and include ALL income sources including the 1042-S amounts. The safest approach is always to file, especially if you plan to remain in the US after graduation or apply for permanent residency.
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Declan Ramirez
•Thanks for this explanation. Does this mean I've been doing something wrong the past few years? Will this cause problems when I apply for OPT after graduation?
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Edwards Hugo
•If you've had mixed income (both W-2 and treaty-exempt 1042-S) and didn't report the 1042-S income on your returns, you might want to consider filing amended returns. The good news is that if you didn't owe additional tax (because the income was truly treaty-exempt), you likely won't face penalties other than possibly interest on late payments if any portion was actually taxable. As for OPT applications, USCIS doesn't typically verify tax compliance for OPT specifically, but they may check this for later immigration benefits like H-1B or permanent residency. They're mostly concerned that you maintained status and followed visa regulations. If you're worried, consulting with an international tax specialist would be worthwhile before your OPT application.
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Gianna Scott
Something nobody mentioned yet - you should check Box 7a on your 1042-S form. If it has a treaty code and shows the income is exempt, you technically still need to file but the process is pretty straightforward. You'll need: 1) Form 1040NR 2) Form 8833 to claim the treaty benefits 3) Copy of your 1042-S attached My university's tax software (Glacier) handles this automatically and even told me which treaty article applies to my country. Much less stressful than trying to figure it out manually.
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Alfredo Lugo
•Does Glacier work for alumni too? I graduated last year but still got a 1042-S for a final scholarship payment in January.
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