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Form1042SForeign Persons U.S. Source Income Subject to Withholding Got www.irs.gov/Form1042S for instructions and the latest information.2022OMB No. 15450096Copy For Department of the Treasury Internal.
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16e FAQ
The Forms 1042, 1042-S and 1042-T must be filed by March 15 of the year following the calendar year in which the income subject to reporting was paid. If March 15 falls on a Saturday, Sunday, or legal holiday, the due date is the next business day.
Every withholding agent or intermediary who receives, controls, has custody of, disposes of, or pays a withholdable payment (to which chapter 4 withholding applies) or an amount subject to withholding, must file an annual return for the preceding calendar year on Form 1042 unless an exception to filing applies.
Every withholding agent must file an information return, Form 1042-S, Foreign Person's U.S. Source Income Subject to Withholding, to report amounts paid to foreign persons that are described under Amounts Subject to NRA Withholding and Reporting, even if withholding is not required on the payments.
Every withholding agent or intermediary who receives, controls, has custody of, disposes of, or pays a withholdable payment (to which chapter 4 withholding applies) or an amount subject to withholding, must file an annual return for the preceding calendar year on Form 1042 unless an exception to filing applies.
Sometimes a 1042-S is distributed for informational purposes, such as when mailed to resident aliens. In this case, it does not need to be included on your return.
The main difference between forms 1042 and 1042-S is that form 1042-S is concerned with payments made to foreign persons, while form 1042 is concerned with determining how much income will be withheld for tax withholding purposes.
Failure to Furnish Correct Form 1042-S to Recipient If you fail to provide correct statements to recipients and cannot show reasonable cause, a separate penalty of up to $280 each (for filing year 2022) may be imposed for each failure to furnish Form 1042-S to the recipient when due.
Any withholding agent (a person or institution, such as an employer, university, or business) that paid any amount subject to withholding to a foreign person must submit a 1042-S. The 1042-S is filed with the IRS and a completed copy is also sent to the employee or business.
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