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February 11, 2023
Question

Two federal tax status

  • February 11, 2023
  • 1 reply
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I am in confusion to what I should do regarding my federal tax. The first half of 2022, I was on a J1 research visa and I earned income under a tax treaty with exemption for federal tax only, I was in the states for 2 years so I am a resident alien and subject to state tax withholding. I've recieved a W2 from this employer with empty boxes 1 & 2 and complete boxes 3-6. I also recieved a 1042-S with income code 19 and tax rate 0.0. During this time I lived in MN and have a CRP from my rental.

I moved to NY in July 2022 and changed my status on a H1B and have a new job with a different W2 with no exemptions. I am currently a 'partial resident of NY' for this tax year. I am also married and filing jointly with my spouse who still resides in MN and has a W2 and CRP from his residence.

I am wondering if I should file using turbo tax by mail (says not eligible to e-file) jointly with my spouse, enter my current regular W2 and his W2, then enter my first W2 under the treaty with empty boxes 1 & 2, then enter the amount on my 1042-S on other income  supply form 8833. Would this be the way to go and file by mail? and if so, would I enter the 'other income' amount from my 1042-S as a negative amount since it was an exempt amount? 

    1 reply

    February 13, 2023

    Yes. Using TurboTax, you will have to print and mail your return. Enter your all the W-2. The 1042S is not supported so you must enter the parts separately. 

     

    For the income:

    1. Go to federal
    2. to Income and Credits
    3. to last section, Less Common Income
    4. bottom selection, Miscellaneous Income
    5. Start
    6. bottom selection, Other Reportable Income
    7. Start
    8. Any Other Taxable Income?
    9. Yes
    10. 1042S income and enter the total of the 2 forms.
    11. Continue
    12. Enter Treaty and the amount as a negative dollar
    13. Continue

     

    If you have other information on the 1042S, it will need to be captured in the sections that match it in similar fashion. If yours is not treaty income, do not enter treaty information.

     

    Download and fill in a Form 8833 to claim an exception.  https://www.irs.gov/pub/irs-pdf/f8833.pdf

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