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I am a F-1 student currently on my OPT period after my graduation as a full time employee. The company I worked for provided W-2 for tax filing, however, the withholding agency the company use is not able to provide 1042-S form for my tax return. What should I do ? Do I need the 1042-S and can I ask the company to issue 1042-S not through the withholding agency ? This is new to the company too and they are uncertain about the process.
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If you are an F-1 student on Optional Practical Training (OPT) and your company is not providing a Form 1042-S, which is used to report income paid to foreign persons, there are a few steps you can take to address the issue:
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As an F-1 OPT (Optional Practical Training) student, you may encounter situations where your employer does not provide a Form 1042-S. This form is typically issued to report income subject to tax treaty benefits or other nonresident alien-related payments. If your employer is not issuing a 1042-S, it may indicate that your income is being treated as wages for employment purposes and reported on Form W-2 instead. In this case, taxes such as Social Security and Medicare should generally not be withheld for F-1 students under IRS guidelines, as long as you maintain your nonresident alien status . It is crucial to clarify with your employer how your income is being reported and ensure it aligns with IRS rules
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