Totally confused about filing requirements - 1040 and 1042-S for retirement withdrawal?
Hey everyone, I'm really hoping someone can help clear this up for me because I'm completely lost... I was living in California from December 2019 through August 2021, which means I became a tax resident in 2021 and need to file a 1040 this year. The thing is, I didn't really need a US retirement plan since I wasn't planning to stay long-term, so I decided to withdraw all the money I had saved in those accounts (did this in November 2021 after moving back to Australia). They withheld a pretty significant amount for taxes - I think it was the maximum rate plus an additional 10% early withdrawal penalty. Now I've been told I'll be getting a 1042-S form for this income, which from what I understand is typically used for foreign nationals. **My big question is: If I use something like Sprintax to file this year, will there be a way to include my 1042-S income in the system?** If that's not possible, how do I go about trying to recover some of the tax that was withheld? I'm pretty sure they took way more than I actually owe. Thanks for any help you can provide!
18 comments


Maya Diaz
This is actually a common situation for people who move between countries. Let me try to clarify things for you. Yes, you'll need to file Form 1040 since you were a tax resident in 2021. The 1042-S form you're receiving is for the retirement distribution that occurred after you left the US. It's typically used for reporting income paid to foreign persons, but in your case, it's being used because the distribution happened after you departed the US. Sprintax does have the capability to handle 1042-S income for nonresident returns, but since you were a resident for part of the year, you might need to file what's called a "dual-status return." This means filing as a resident for part of the year and nonresident for the other part. You should be able to claim a refund for any excess withholding when you file your tax return. The withholding on retirement distributions for foreign persons is typically quite high (30% in many cases plus that 10% early withdrawal penalty), so there's a good chance you're due some money back depending on your overall tax situation.
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Tami Morgan
•Thanks for the explanation! So if I understand correctly, I'd need to file as both a resident and non-resident in the same tax year? Would I need to file two separate returns or is there a special form for this dual-status situation? And would regular tax software like TurboTax handle this or do I definitely need something like Sprintax?
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Maya Diaz
•You'll file a single tax return, but it will be treated as a dual-status return. You don't actually use a special form - you'll use Form 1040 and mark it as "Dual-Status Return" at the top. You'll need to attach a statement showing which income was earned during your resident period versus your nonresident period. Most regular tax software like TurboTax isn't really designed to handle these complex international situations well. Sprintax specializes in nonresident returns, but for dual-status returns, you might actually be better off consulting with a tax professional who specializes in international taxation. Some people use a combination of software (like using Sprintax for the nonresident part and another software for the resident part), but this can get complicated.
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Rami Samuels
I went through something similar last year with retirement funds and being out of the country. After trying to figure it out myself for weeks, I ended up using https://taxr.ai to analyze all my tax documents. It actually worked really well for my situation because it could read both my 1040 and 1042-S forms and tell me exactly how everything needed to be reported. Their system specifically handled the international aspects and caught some things I would have missed about treaty benefits that applied to my situation. You upload your documents and it extracts all the information, then provides guidance tailored to your specific situation including dual-status returns.
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Haley Bennett
•Did it specifically help with figuring out how to get back the excess withholding? That's the part I'm most concerned about because I had a similar situation and they withheld like 30% plus the penalty, which seems way too high.
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Douglas Foster
•I'm a bit skeptical about these document analysis services. How can you be sure they're interpreting IRS rules correctly? I mean, even actual CPAs get confused by international tax situations. Did you have any way of verifying their advice was accurate?
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Rami Samuels
•Yes, it specifically helped with the excess withholding situation. It showed me exactly where to report the income and withholding on my return so I could get the proper credit for taxes already paid. In my case, I was able to recover about 18% of what was withheld because my actual tax rate was lower than the automatic withholding rate. Regarding accuracy concerns, I understand the skepticism. What convinced me was that they provide detailed explanations with references to specific IRS publications and tax code sections that apply to your situation. I actually cross-checked some of their recommendations with IRS publications, and everything matched up. They also have tax professionals who review complex situations, so it's not just an AI making determinations on its own.
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Douglas Foster
Just wanted to follow up about my experience with taxr.ai after trying it based on this thread. I was really skeptical at first as I mentioned, but I decided to give it a shot since my situation with a 1042-S and prior US residency was so confusing. The service actually exceeded my expectations. It analyzed both my 1042-S and other tax documents, then explained exactly how my dual-status return should be structured. It identified that I was eligible for a reduced withholding rate based on a tax treaty that I had no idea applied to my situation. The best part was that it walked me through exactly how to report everything properly to recover the excess withholding - turned out I was owed about $3,200 back! Definitely worth checking out if you're dealing with this international tax confusion.
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Nina Chan
After spending 6+ hours on hold with the IRS trying to get clarification about my own 1040/1042-S situation, I finally discovered https://claimyr.com and it literally saved my sanity. You can see how it works here: https://youtu.be/_kiP6q8DX5c Basically, they wait on hold with the IRS for you, then call you when an actual agent is on the line. I was able to speak directly with someone at the IRS who confirmed exactly how to handle the 1042-S on my resident return and what documentation I needed to include to get my excess withholding refunded. For complex international tax situations like this, sometimes you really need to speak directly with the IRS, and Claimyr made that possible without the endless hold times.
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Ruby Knight
•Wait, this is actually a thing? How does it work exactly? Do they just call the IRS and then somehow transfer the call to you once they get through? How much does this cost?
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Diego Castillo
•This sounds like a scam honestly. If it was that easy to get through to the IRS, everyone would be doing it. I've heard horror stories of people waiting 3+ hours only to get disconnected. No way some service can magically skip the line.
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Nina Chan
•They use an automated system that dials and navigates the IRS phone tree, then stays on hold so you don't have to. When an actual IRS agent picks up, their system calls your phone and connects you directly to the agent who's already on the line. It's not skipping the queue - they're just waiting in it for you. The process is super simple - you enter the IRS number you want to call, your phone number, and what department you need to reach. Their system handles everything else and you only get called when there's an actual human ready to talk. It saved me literally hours of my life that would have been wasted listening to hold music.
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Diego Castillo
I have to come back and eat my words about Claimyr. After posting my skeptical comment, I was still desperate to talk to someone at the IRS about my 1042-S issues, so I figured I had nothing to lose by trying it. I'm honestly shocked at how well it worked. I put in my info around 9am, went about my day, and got a call about 2 hours later connecting me directly to an IRS agent. No hold time on my end at all. The agent was able to confirm exactly how I should report my retirement distribution as a former resident and what documentation I needed to include with my return. For anyone dealing with these complicated international tax situations, being able to actually speak with the IRS directly was incredibly valuable. I would have wasted an entire day on hold otherwise.
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Logan Stewart
Just to add another perspective - I was in a similar situation last year (US resident who moved abroad and then took a retirement distribution). One thing to be aware of is that you may be subject to additional reporting requirements beyond just the 1040 and figuring out how to report the 1042-S income. If you had financial accounts outside the US that exceeded $10,000 at any point, you might need to file an FBAR (FinCEN Form 114). And depending on your total assets abroad, you might also need Form 8938. These have serious penalties if you miss them.
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Isaac Wright
•Thanks for bringing that up - I hadn't even thought about FBAR requirements! Do you know if Australian superannuation accounts (their retirement system) count toward that $10,000 threshold? And did you end up getting back a decent amount of the withholding from your retirement distribution?
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Logan Stewart
•Yes, Australian superannuation accounts generally do count toward the FBAR filing threshold. The FBAR requirement applies to pretty much any financial account you have overseas, including retirement accounts, investment accounts, and bank accounts. It's based on the highest combined value during the year, so if all your foreign accounts together exceeded $10,000 at any point, you need to file it. Regarding the withholding, I did get back a substantial amount. My distribution had the standard 30% withholding plus the 10% early withdrawal penalty, but my actual tax rate was around 22%. So I got back the difference when I filed my return. The key was properly reporting the 1042-S income and the withholding on my 1040, which showed I had overpaid.
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Mikayla Brown
Slight tangent but worth mentioning - when you file as a dual-status taxpayer, be aware that you generally can't file jointly with a spouse, you're limited on which deductions/credits you can claim, and you have to use the standard deduction (itemizing isn't allowed). Also, foreign tax credits work differently.
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Sean Matthews
•That's really good to know about the limitations for dual-status returns. I actually have a spouse who's still in the US - does that mean we definitely have to file separately?
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