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February 28, 2025
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IRS Form 1042-S

  • February 28, 2025
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I got IRS Form 1042-S. IRS withhold 14% Federal Income Tax from my stipend payments. How can i report ?

    Best answer by pk12_2

    @Lalit87 , from your answers , I am assuming that you are here as a trainee/student  ( article  21 applies ) and not as a teacher/ researcher ( article 22 applies ).

    Thus  you have to recognize the income ( US sourced  income only ), file a form 1040-NR  ( not supported by TurboTax -- use your school's foreign student office suggestion or use something like  SprinTax).  Note that  unlike many other treaties, US-India tax treaty  asserts that you be given the same benefits as a  US student in similar circumstances.  This generally allows you to use standard deduction  instead of itemized  deductions mandated for 104-NR filers.   I would suspect that your case is pretty simple and you may be able to just download the 1040-NR form  ( fillable .pdf ) and  file by mail. 

    Note that for a US student , stipend etc. has two components/ expenses   --  school fees/tuition which is deductible and living expense which is taxable income .  Please consider going over the details of your stipend award letter to be sure.

    Is there more I can do for you   -- you can add here or PM me ( just no PII -- Personally Identifiable Information ).

    Namaste ji

     

    pk

    1 reply

    Employee
    February 28, 2025

    @Lalit87 , 

    (a) which country are you from -- for  Treaty considerations  ( India ? ) ?

    (b) What visa are you on ?  When did you enter the country ?  Was this your  fist entry ?

    (c) Source of your stipend -- is it foreign or  from your school or what ?    Is it a private stipend ?

    (d) Who issued the 1042-S ?

    (e) Which state are you in ?

     

    I will circle back once I hear from you ? 

    Lalit87Author
    February 28, 2025

    (a) which country are you from --  India

    (b) What visa are you on ?J1 When did you enter the country ? Feb 2024 Was this your fist entry ? Yes

    (c) Source of your stipend -- is it foreign or from your school or what ? Is it a private stipend ?Oak Ridge Associated Universities USA

    (d) Who issued the 1042-S ?Oak Ridge Associated Universities USA

    (e) Which state are you in ? Maryland

     

    Thanks !

    pk12_2Answer
    Employee
    February 28, 2025

    @Lalit87 , from your answers , I am assuming that you are here as a trainee/student  ( article  21 applies ) and not as a teacher/ researcher ( article 22 applies ).

    Thus  you have to recognize the income ( US sourced  income only ), file a form 1040-NR  ( not supported by TurboTax -- use your school's foreign student office suggestion or use something like  SprinTax).  Note that  unlike many other treaties, US-India tax treaty  asserts that you be given the same benefits as a  US student in similar circumstances.  This generally allows you to use standard deduction  instead of itemized  deductions mandated for 104-NR filers.   I would suspect that your case is pretty simple and you may be able to just download the 1040-NR form  ( fillable .pdf ) and  file by mail. 

    Note that for a US student , stipend etc. has two components/ expenses   --  school fees/tuition which is deductible and living expense which is taxable income .  Please consider going over the details of your stipend award letter to be sure.

    Is there more I can do for you   -- you can add here or PM me ( just no PII -- Personally Identifiable Information ).

    Namaste ji

     

    pk