I'm a non-resident alien and a resident of Switzerland. Last year, I received a scientific award in the US, and a 30% withholding rate was applied. I believe that my income falls under "Other income" in the tax treaty between Switzerland and the US, and as such is should only be taxable in the country of residency.

    I have just received my Form 1042-S, and I'm preparing to file a federal return for the tax withheld. If I understand correctly, I need to file four separate documents:

    • Form 1040-NR with pretty much everything equal to 0, including the tax on the income exempted.

    • Schedule NEC detailing the income exempted.

    • Schedule OI describing my status and the income exempt, with specific tax treaty articles.

    • Form 8833, providing a detailed description of my claim: the tax treaty articles I claim, the IRC provisions overriden by the tax treaty, and that my income does not fall under the limitation on benefits in the tax treaty.

    All four documents should be mailed to the IRS, together with a copy of 1042-S. Is that a correct approach? Did I miss a step?

    Tax Treaty (Switzerland) and Other Income
    byu/yarpen_z intax



    Posted by yarpen_z

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