If you're a non-resident alien who received income from the United States and had taxes withheld, you may be eligible to reclaim some or all of those taxes through filing a US tax return. This guide will walk you through the process specifically for Filing US Tax Return to Reclaim Tax on a 1042-S from the United Kingdom.
Understanding the 1042-S Form
The 1042-S form is used to report various types of income paid to foreign persons, including wages, scholarships, fellowships, and more. If you're a non-resident alien, you may receive a 1042-S from a US payer indicating the income you received and the amount of tax withheld.
Determine Your Eligibility
To reclaim tax withheld on your 1042-S, you must meet certain criteria:
1. Non-Resident Status: You must be considered a non-resident alien for US tax purposes.
2. Tax Treaty Benefits: Check if the US has a tax treaty with your home country (in this case, the United Kingdom) that allows for reduced or eliminated withholding tax on certain types of income.
Gather Necessary Documents
Before filing your US tax return, gather the following documents:
- Your 1042-S form from the US payer.
- Any other relevant documentation related to your US income and taxes withheld.
File Form 1040NR
As a non-resident alien, you'll need to file Form 1040NR (U.S. Nonresident Alien Income Tax Return). Here's how to do it:
1. Complete Form 1040NR: Fill out the form with your personal information, income, deductions, and credits.
2. Attach 1042-S: Include your 1042-S form(s) with your tax return to report the income and taxes withheld.
3. Claim Treaty Benefits: If applicable, claim any tax treaty benefits on the form. Refer to the tax treaty between the US and the UK for specific provisions.
4. Calculate Refund: Calculate the refund amount by subtracting the actual tax liability from the amount withheld as indicated on your 1042-S.
Mail Your Tax Return
Once you've completed Form 1040NR and attached all necessary documents, mail your tax return to the appropriate address provided in the instructions for Form 1040NR. If you do not have a US tax number (ITIN or SSN) you will need to also apply for the number at the same time as filing the tax return.
Additional Considerations
- Tax Treaty Benefits: Familiarize yourself with the specific provisions of the tax treaty between the US and the UK to ensure you're claiming all eligible benefits.
- Tax Filing Deadlines: Be aware of the tax filing deadlines for non-resident aliens. Typically, the deadline is June 15th if you're residing outside the US on the regular April 15th deadline. With any refund claim, you have 3 years maximum to reclaim any overpaid US tax.
Seek Professional Assistance
If you're unsure about any aspect of filing your US tax return or claiming treaty benefits, consider seeking assistance from a tax professional or an accountant with expertise in international tax matters.
By following these steps and understanding the relevant tax treaty provisions, you can reclaim taxes withheld on your 1042-S form from the United States, providing you with a potential refund and ensuring compliance with US tax laws.
Can Just Breve help?
Yes, we can. Just Breve is a US tax accounting firm, assisting non-US persons with their US tax filing requirements, including obtaining a refund of overpaid US tax. This includes applying for a new ITIN or renewing an existing ITIN. We are a certifying acceptance agent (CAA) and have a contract with the IRS to help with Form W-7 ITIN applications.
T: 0208 1444632
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