Robinhood issued 1099 instead of 1042 for me as a non-resident alien - what can I do now?!

8 This is unfortunately a common issue with some brokerages who don't have robust systems for handling non-resident alien accounts properly. You have a few options: First, don't give up on Robinhood just yet. Ask to speak with a supervisor or escalate to their tax department specifically. Mention that as a non-resident alien, you're subject to different tax withholding requirements under tax treaties, and the 1099 is not the correct form for reporting your income. If they still refuse, you can file Form 8833 (Treaty-Based Return Position Disclosure) along with your tax return explaining the situation. You'll need to reference the specific tax treaty between your country and the US. This allows you to claim the treaty benefits you're entitled to even though you received incorrect documentation. You could also file Form 1040-NR with the information from the 1099, but include a statement explaining that the form should have been a 1042-S. Include copies of any correspondence with Robinhood showing you attempted to get this corrected.

15 I went through something similar last year with a different brokerage. After getting nowhere with customer service, I found a solution through taxr.ai (https://taxr.ai). They specialize in analyzing tax documents and resolving conflicts between different forms. I uploaded my 1099, my passport info, and my visa documents, and they helped me prepare the correct documentation to file with the IRS despite having the wrong forms from my brokerage. They have a feature specifically for non-resident alien tax issues and treaty benefits that saved me hours of headaches. The system automatically identified the discrepancy and created the supporting documentation I needed.

19 Just wanted to update that I tried taxr.ai after seeing the recommendation here and it actually worked really well for my situation! I was skeptical at first since I'd already tried talking to three different tax preparers who gave me conflicting advice about my Robinhood 1099 vs 1042-S issue. The system immediately flagged the inappropriate 1099 form after I uploaded it and walked me through the proper treaty position documentation. They generated the Form 8833 with all the correct treaty article references for my country and provided a customized statement explaining the situation that I could attach to my return. I was able to file with confidence and their documentation showed I'm actually entitled to a $675 refund rather than owing anything. Seriously wish I'd found this sooner instead of stressing for weeks!

6 If you're still struggling with Robinhood's customer service, you might want to try Claimyr (https://claimyr.com). I was in a similar situation last year where I needed to speak to someone higher up at my brokerage about incorrect tax forms, but kept getting stuck in their automated phone system. Claimyr helped me get through to an actual human at the brokerage in about 10 minutes instead of the 2+ hour wait times I was experiencing. They have this cool callback system that you can see working in their demo video (https://youtu.be/_kiP6q8DX5c). I was able to finally reach someone in the tax department who could actually help with my issue.

3 I was SUPER skeptical about Claimyr when I first saw it mentioned, but I was desperate after spending 4+ hours trying to reach someone at the IRS International Taxpayer line. Decided to give it a shot yesterday, and I'm genuinely shocked at how well it worked. I got a callback within 35 minutes (after previously waiting on hold myself for over 2 hours and giving up). The IRS agent I spoke with was able to confirm that I should indeed be filing with Form 1042-S as a non-resident alien, and gave me specific instructions on how to handle the situation with my incorrect 1099. The agent also explained that I should include a written statement with my return explaining the situation and referencing my tax treaty. This definitely saved me from making a costly filing mistake. Worth every penny just for the time saved alone!

22 One thing to consider - you might want to file Form W-8BEN with Robinhood again to make absolutely sure they have your non-resident alien status on file for next year. Sometimes these issues happen because the brokerage doesn't have the correct tax classification in their system.

13 Have you considered filing for an extension? Form 4868 would give you until October 15 to file, which might give you more time to sort this out with Robinhood.

As someone who's dealt with similar brokerage tax form issues, I'd strongly recommend documenting everything in writing with Robinhood. Send them an email clearly stating that as a non-resident alien, you should have received Form 1042-S, not Form 1099, and reference any tax treaty between your home country and the US. If they continue to refuse, you can still file correctly by including a statement with your return explaining the discrepancy. The IRS understands that brokerages sometimes issue incorrect forms. Make sure to claim any treaty benefits you're entitled to - don't let their mistake cost you hundreds of dollars. Also, double-check that your Form W-8BEN is current and on file with them. These forms expire every 3 years, and if yours lapsed, that could explain why they defaulted to treating you as a US person for tax reporting purposes.

I had a very similar situation with TD Ameritrade a couple years ago. What worked for me was escalating beyond regular customer service to their compliance department. Brokerages have regulatory obligations to issue correct tax forms, and compliance teams tend to take this more seriously than regular support. Call and specifically ask to speak with "compliance" or "regulatory affairs" and explain that as a non-resident alien, the 1099 form creates incorrect tax reporting that violates treaty provisions. Mention that this could be a regulatory issue if they're not properly classifying account holders. In the meantime, you can absolutely file with the 1099 but include Form 8833 to claim your treaty benefits and attach a detailed explanation. The IRS sees these situations regularly and has procedures to handle them. Just make sure you're claiming the correct treaty benefits - don't let their mistake cost you that $780! Also, definitely file a new W-8BEN immediately for next year. These expire every 3 years and if yours lapsed, that's probably why they defaulted to treating you as a US person.