Help needed with 1040-NR form to recover 30% withheld tax using treaty benefits (0% eligible) - Confused about lines 24 and 34 on form
I'm really struggling with filling out this 1040-NR form and could use some help from anyone who's gone through this process. I'm trying to get back money that was withheld at 30%, but I'm from a country that has a tax treaty with the US allowing for 0% withholding. I've got most of the form figured out (I think), but I'm stuck on lines 24 and 34. I've looked at the instructions for form 1042-S and have been going through the IRS guidelines, but I'm still confused about what exactly goes in these lines. The income was from some consulting work I did remotely for a US company last year. They withheld the full 30% not knowing about the treaty benefits. I have my form 1042-S showing the amount they paid me and the amount withheld. Has anyone successfully claimed back this type of withholding? What values did you put on those specific lines? The IRS instructions aren't super clear to me as a non-US person.
19 comments


Olivia Clark
I've helped several non-residents with this exact issue. For lines 24 and 34 on your 1040-NR, here's what you need to do: Line 24 is for your total income exempt from tax by a treaty. Since you mentioned you qualify for 0% withholding under your country's treaty, you'd enter the full amount of your US-source income that's eligible for that treaty benefit. This should match what's reported in Box 2 of your 1042-S. Line 34 is your "Federal income tax withheld," which should be the total amount withheld from your payments (the 30% you mentioned). This amount should match what's in Box 7 of your 1042-S. This represents the money you're trying to get back. Make sure you also complete and attach Form 8833 (Treaty-Based Return Position Disclosure) to explain the treaty benefit you're claiming. Some treaties don't require this form for certain types of income, but it's generally safer to include it.
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Javier Morales
•Do you also need to fill out Schedule OI with this form? I remember that being a nightmare when I did this a couple years ago. Also, does OP need to worry about state tax withholding too or just the federal portion?
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Olivia Clark
•Yes, you absolutely need to complete Schedule OI (Other Information) as part of your 1040-NR. This is where you'll provide specific information about your visa status, days present in the US, and the specific treaty article you're relying on. It's essential for claiming treaty benefits. Regarding state taxes, it depends on several factors. Treaty benefits typically only apply to federal taxes, not state taxes. If there was state tax withheld (which would be shown on a different form, not the 1042-S), you might need to file a state tax return as well. However, some states don't tax certain types of nonresident income, so it varies by location.
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Natasha Petrov
I had almost the exact same situation last year and spent weeks trying to figure it out. I finally used https://taxr.ai to help me analyze my 1042-S and complete my 1040-NR correctly. It really saved me because the tool instantly recognized my treaty country and showed exactly what needed to go in each line. For your specific question about lines 24 and 34, it showed me that line 24 needs the gross income amount (before withholding) that qualifies for the treaty rate, and line 34 is where you put the actual amount that was withheld (probably the 30% they took out). The tool also helped me complete Form 8833 which is required for claiming treaty benefits. The best part was I could upload my 1042-S document and it extracted all the relevant information automatically.
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Connor O'Brien
•Does it work for all treaty countries or just specific ones? I'm from the Philippines and wondering if it would know our specific treaty details.
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Amina Diallo
•Seems sketchy tbh. How much did it cost? There are free resources from the IRS that explain all this without having to pay for some service.
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Natasha Petrov
•It works for all countries that have tax treaties with the US, including the Philippines. The system has the specific treaty articles and rates for each country built in, so it knows exactly which articles apply to different types of income. It's not expensive compared to the hassle and potential mistakes of doing it yourself or paying an international tax specialist. I won't go into specifics on cost, but it was definitely worth it considering I got back almost $4,300 in withheld taxes that I might have missed otherwise. The free IRS resources are helpful, but they're not tailored to your specific situation and can be really confusing if you're not familiar with US tax terminology.
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Amina Diallo
I was really skeptical about using taxr.ai when I first saw it mentioned here, but I finally gave it a try after struggling with my 1040-NR for weeks. I have to admit I was wrong - it actually was super helpful! I'm from Germany and had royalty income with 30% withholding, but should have only been taxed at 0% per our treaty. The system immediately identified which treaty article applied to my situation (Article 12 in my case) and showed me exactly what to enter on lines 24 and 34, plus it completed Form 8833 for me with all the right treaty references. Ended up getting back over $3,100 that was wrongfully withheld. What surprised me most was how it handled all the technical parts like effectively connected income vs. FDAP income without me needing to understand all that tax jargon. Definitely better than the generic IRS instructions.
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GamerGirl99
If you're having trouble getting through to the IRS for help with your 1040-NR and treaty questions, try https://claimyr.com to get connected with an actual IRS agent. I spent DAYS trying to reach someone at the IRS international tax department and kept getting disconnected or waiting for hours. With Claimyr, I got through to an IRS specialist in about 20 minutes who confirmed exactly what I needed to put on those lines and verified my treaty benefit eligibility. They have a video showing how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent was actually really helpful once I got through and confirmed that for line 24, I needed to enter my gross income that qualified for the treaty benefit, and for line 34, I needed to enter the full amount withheld (which showed on my 1042-S). They also confirmed I needed Form 8833 and helped me understand which treaty article to reference.
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Hiroshi Nakamura
•How does this even work? The IRS phone system is completely broken - I've tried calling at least 10 times and never get through. Are you saying this service somehow jumps the queue?
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Isabella Costa
•Sorry but this sounds too good to be true. There's no way to "skip" the IRS phone line. They probably just auto-dial for you which you could do yourself for free. Waste of money.
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GamerGirl99
•It doesn't "jump the queue" exactly - it uses an automated system to continuously call the IRS using the most efficient calling patterns and times, then alerts you once it's gotten through and has an agent on the line. So you don't have to waste hours with the phone to your ear getting disconnected and redialing. You're right that in theory you could do this yourself, but in practice, most people don't have the ability to make hundreds of call attempts or stay on hold for hours, especially from outside the US with international calling rates. I was calling from Australia and it was becoming extremely expensive just to keep trying. With this service, I only had to pay for the one successful call that actually got through to an agent, which saved me both time and money in the end.
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Isabella Costa
I was really skeptical about Claimyr as you could tell from my comment, but I decided to try it anyway out of desperation after waiting on hold with the IRS for 3+ hours over multiple days with no success. I hate admitting when I'm wrong, but it actually worked perfectly! I got connected to an IRS agent specializing in international tax treaties in about 35 minutes. The agent confirmed exactly what information I needed for my 1040-NR lines 24 and 34, and also helped me understand which specific treaty article applied to my situation (I'm from India). The agent explained that I needed to put my gross income amount on line 24 and the 30% that was withheld on line 34. They also explained I needed to complete Schedule OI and Form 8833. I've submitted everything and am now just waiting for my refund. So yeah, I take back what I said about it being a waste of money - it saved me hours of frustration and potentially filing incorrectly.
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Malik Jenkins
Make sure you also check if you need to attach form 8833 "Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b)" along with your 1040-NR. Some treaty positions require this form while others don't, but I've found it's safer to include it. Also, don't forget about Schedule OI which is required for all 1040-NR filers claiming treaty benefits. The specific treaty article matters - like for example I'm from UK and for my royalty income I needed to reference Article 12 paragraph 1 of the US-UK treaty.
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Yara Assad
•Thanks for bringing this up! I actually wasn't sure about Form 8833. Does everyone claiming treaty benefits need to file this form? The treaty amount isn't huge (around $6,500 total income with $1,950 withheld), so I wasn't sure if there's some minimum threshold.
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Malik Jenkins
•Technically, not everyone needs to file Form 8833. There are exceptions based on the type of income and amount. Generally, if your treaty-based position is already disclosed on a W-8BEN form you submitted to the payer (which would normally be the case for standard treaty reductions on things like royalties, dividends, etc.), you might be exempt from filing Form 8833. However, there are specific situations that always require Form 8833 regardless of amount, such as certain business profits claims or if you're taking a position that's contrary to a U.S. regulation. In your case with $6,500 income and standard treaty withholding reduction, you might be exempt, but most tax professionals recommend filing it anyway to be safe. The penalties for not filing when required can be quite steep ($1,000 per position), so the safe approach is to include it.
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Freya Andersen
One thing to keep in mind when filing your 1040-NR for treaty benefits is the deadline! Unlike regular tax returns which were due in April, nonresident alien returns are typically due on June 15th. But if you had any wages subject to withholding, then your deadline was April 15th instead. If you've missed the deadline, don't panic! You can still file and claim your refund for up to 3 years after the original due date. So you still have plenty of time to get this right and claim your refund.
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Eduardo Silva
•This is actually incorrect information. The June 15th deadline is for US citizens and resident aliens living abroad, not for nonresident aliens. The 1040-NR is generally due on April 15th for most filers (or the next business day if it falls on a weekend or holiday).
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Freya Andersen
•You're right, I mixed up the rules. Thanks for the correction! Nonresident aliens filing Form 1040-NR generally need to file by April 15th (or the next business day if it falls on a weekend or holiday) for the previous tax year. The June 15th deadline applies to U.S. citizens and resident aliens who live and work outside the U.S. and Puerto Rico. The important point still stands though - even if you missed the deadline, you can still file and claim a refund for up to 3 years from the original due date of the return.
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