Form 1042 S

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Form 1042 S

What is Form 1042-S?

Form 1042-S, titled "Foreign Person's U.S. Source Income Subject to Withholding," is a document used by the U.S. Internal Revenue Service (IRS). This form is designed to report income paid to foreign persons, including nonresident aliens, foreign partnerships, and foreign corporations, which might be subject to income tax withholding.

Why is Form 1042-S Important?

This form ensures that the U.S. can tax certain kinds of income earned within its borders by foreign entities. It ensures that foreign persons report and pay taxes on U.S. sourced income, maintaining tax compliance and fairness in the system.

Who Must File Form 1042-S?

Any U.S. or foreign entity that withholds tax on U.S.-sourced income paid to a foreign individual or entity must file this form. Typical filers include:

  • U.S. employers who pay wages to nonresident alien employees.
  • U.S. businesses that pay for services performed by foreign contractors.
  • Financial institutions making payments on U.S.-sourced investment income to foreign investors.

What Types of Income are Reported?

Form 1042-S covers various types of U.S.-sourced income, such as:

  • Interest, dividends, and royalties.
  • Compensation for personal services (like wages or honoraria).
  • Rents from U.S. real estate.
  • Scholarships and fellowships.
  • Payments from a U.S. entity to a foreign parent company.

How is Withholding Calculated?

The withholding rate varies based on the type of income and the tax treaty between the U.S. and the recipient's country. For instance, while the default withholding rate on U.S.-source fixed or determinable, annual or periodical (FDAP) income is 30%, a tax treaty may reduce this rate.

What Should Recipients Do with Form 1042-S?

Recipients should:

  • Review for Accuracy: Ensure that the amount and type of income, as well as the amount withheld, align with their records.
  • File with Their Tax Return: Nonresident aliens should attach the form to their U.S. tax return (typically Form 1040NR).
  • Seek Refunds if Overwithheld: If too much tax was withheld, claim a refund by filing a U.S. tax return.

When is Form 1042-S Due?

The deadline for furnishing Form 1042-S to income recipients is March 15 of the year following payment. The same date applies for filing with the IRS, although extensions may be requested.

Are There Penalties?

Yes, failing to provide a correct Form 1042-S by the deadline can result in penalties. The amount varies based on the delay and the size of the entity.

For further and time-to-time updated information, please visit IRS official website.

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