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June 1, 2019
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I have e-filed my return, but realized I got Form 1042-S this year. I have been fed. exempt based on treaty one part of yr. Should I mail the 1042-S, or amend my return?

  • June 1, 2019
  • 8 replies
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Best answer by PopeyeTheSalior

It depends. If the treaty exemption offsets or exempts all your income from the 1042-S, you do not need to amend. If not, you would need to amend.  Since you have already filed your taxes, you cannot just mail in the additional information for the adjustment.  You will have to submit an amendment. 

8 replies

PopeyeTheSalior
Employee
June 1, 2019
What is the code on 1042s? Are you a resident for tax purposes? What visa do you have?
June 1, 2019
I`m on a J status and I`m resident based on the substantial presence test. Form 1042 codes are: 1 Income code - 19, 3a Ex code - 04, 4a Ex code - 15. Tax rate 0.0, $0 withheld, $0 credit. Thanks!
PopeyeTheSalior
Employee
June 1, 2019
Let me verify one more thing..  just  to be sure.  When did you first enter the US with the J visa?
June 1, 2019
On 11/14/2016, never left the US since then. Thank you.
PopeyeTheSalior
Employee
June 1, 2019
Please see the answer below.
June 1, 2019
Many thanks. I just wanted to make sure as I do not want any penalty.
PopeyeTheSalior
Employee
June 1, 2019
Understand.  No worries on the penalty.  The bottom line is by receiving additional information after you file, if the info does not change your original refund amount or tax due, you do not need to amend.  If it does, need amendment.  
PopeyeTheSalior
Employee
June 1, 2019

It depends. If the treaty exemption offsets or exempts all your income from the 1042-S, you do not need to amend. If not, you would need to amend.  Since you have already filed your taxes, you cannot just mail in the additional information for the adjustment.  You will have to submit an amendment.