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Pub 515, Withholding of Tax on Nonresident Aliens and Foreign

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Userid: CPM Schema: tipx Leadpct: 100% Pt. size: 8 Draft Ok to Print AH XSL/XML Fileid: … tions/P515/2021/A/XML/Cycle05/source (Init. & Date) _______ Page 1 of 56 16:15 - 3-Feb-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Publication 515 Cat. No. 15019L Contents What's New .................. 1 Department of the Withholding Reminders ................... 2 Treasury Internal Introduction .................. 2 Revenue of Tax on Service Withholding of Tax .............. 3 Nonresident Persons Subject to Chapter 3 or Chapter 4 Withholding ......... 5 Aliens and Documentation ............... 10 Foreign Entities Income Subject to Withholding ..... 23 Withholding on Specific Income ..... 26 Foreign Governments and Certain Other Foreign Organizations .... 39 For use in 2021 U.S. or Foreign TINs ............ 40 Depositing Withheld Taxes ........ 41 Returns Required .............. 42 Partnership Withholding on Effectively Connected Income ... 43 Section 1446(f) Withholding ....... 46 U.S. Real Property Interest ........ 48 Definitions .................. 51 Tax Treaties ................. 52 How To Get Tax Help ........... 52 Index ..................... 55 Future Developments For the latest information about developments related to Pub. 515, such as legislation enacted after it was published, go to IRS.gov/Pub515. What's New New requirement to fax requests for exten- sion to furnish statements to recipients. Requests for an extension of time to furnish cer- tain statements to recipients, including Form 1042-S, should now be faxed to the IRS. For more information see Extension to furnish state- ments to recipients under Extensions of Time To File, later. COVID-19 relief for Form 8233 filers. The IRS has provided relief from withholding on compensation for certain dependent personal services, for individuals who were unable to leave the United States due to the global health Get forms and other information faster and easier at: emergency caused by COVID-19. For more in- • IRS.gov (English) • IRS.gov/Korean (한국어) formation, see the Instructions for Form 8233 • IRS.gov/Spanish (Español) • IRS.gov/Russian (Pусский) revised November 2020. • IRS.gov/Chinese (中文) • IRS.gov/Vietnamese (TiếngViệt) Feb 03, 2021 Page 2 of 56 Fileid: … tions/P515/2021/A/XML/Cycle05/source 16:15 - 3-Feb-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Final regulations under section 1446(f). Fi- Deposit interest paid to certain nonresident Although we can’t respond individually to nal regulations under section 1446(f) of the In- alien individuals for more information. each comment received, we do appreciate your ternal Revenue Code were published in the Electronic deposits. You must make all de- feedback and will consider your comments as Federal Register on November 30, 2020. These posits of taxes paid with respect to Form we revise our tax forms, instructions, and publi- regulations, which are generally effective for 1042-S (including taxes withheld under either cations. Do not send tax questions, tax returns, transfers of partnership interests occurring on chapter 3 or chapter 4 of the Internal Revenue or payments to the above address. or after January 29, 2021, provide guidance for Code) electronically. the implementation of sections 1446(f)(1) and Getting answers to your tax questions. Substitute forms. The official Form 1042-S is If you have a tax question not answered by this 1446(f)(4) of the Internal Revenue Code, which the standard for substitute forms. All substitute were included in the Tax Cuts and Jobs Act publication or the How To Get Tax Help section forms must comply with the rules set out in Pub. at the end of this publication, go to the IRS In- (TCJA). However, Notice 2018-8, 2018-07 1179. A substitute of Form 1042-S, Copy A, I.R.B. 352, at IRS.gov/irb/ teractive Tax Assistant page at IRS.gov/ must be an exact copy of the official form. If it is Help/ITA where you can find topics using the 2018-07_IRB#NOT-2018-08 and Notice not, the IRS may reject the form as incorrect 2018-29, 2018-16 I.R.B. 495, at IRS.gov/irb/ search feature or by viewing the categories lis- and may impose penalties. The IRS provides ted. 2018-16_IRB#NOT-2018-29 generally apply to several means, including electronic, of obtain- transfers that occurred before the effective date ing the most frequently used tax forms. For de- Getting tax forms, instructions, and pub- of the final regulations. The provisions of the fi- tails on the requirements of substitute forms, lications. Visit IRS.gov/Forms to download nal regulations relating to transfers of publicly see Pub. 1179. current and prior-year forms, instructions, and traded partnership interests apply to transfers Filing electronically. If you file Form 1042-S publications. that occur on or after January 1, 2022. Addition- electronically, you will use the Filing Information ally, the provisions under the final regulations Ordering tax forms, instructions, and Returns Electronically (FIRE) system. You get with respect to publicly traded partnership distri- publications. Go to IRS.gov/OrderForms to to the system through the Internet at butions apply to distributions made on or after order current forms, instructions, and publica- FIRE.IRS.gov. January 1, 2022. For more information, see tions; call 800-829-3676 to order prior-year Section 1446(f) Withholding, later. If you submit files on the FIRE system, it is forms and instructions. The IRS will process your responsibility to verify the results of the your order for forms and publications as soon Changes to Forms W-8ECI and W-8IMY. transmission within 5 business days. The IRS as possible. Do not resubmit requests you’ve Based on provisions included in the final regula- will not mail error reports for files that are bad. already sent us. You can get forms and publica- tions under section 1446(f) of the Internal Reve- See Pub. 1187 for information on the require- tions faster online. nue Code, changes are being made to Forms ments for filing Form 1042-S electronically. W-8ECI and W-8IMY and the instructions to Requests for extensions on Form 8809. Re- those forms. The forms will be released in 2021. Useful Items quests on Form 8809 for an extension of time to Certain other forms may also be revised in You may want to see: file Form 1042-S should be made electronically. 2021. For more information, see IRS.gov. See Extension to file Form 1042-S with the IRS, Publication Changes to Form 8833. Changes have been later. made to the Form 8833 for 2020. For more in- Photographs of missing children. The IRS is 15 15 (Circular E), Employer's Tax Guide formation, see the Form 8833 . a proud partner with the National Center for 15-A 15-A Employer's Supplemental Tax Guide Changes to Forms 8288 and 8288-A, and a Missing & Exploited Children® (NCMEC). Pho- new form. Based on provisions included in the tographs of missing children selected by the 15-B 15-B Employer's Tax Guide to Fringe final regulations under section 1446(f) of the In- Center may appear in this publication on pages Benefits ternal Revenue Code, Form 8288 and Form that would otherwise be blank. You can help 15-T 15-T Federal Income Tax Withholding bring these children home by looking at the 8288-A will be revised, and a new form for re- Methods porting under section 1446(f)(4) is under devel- photographs and calling 1-800-THE-LOST opment. For more information, see IRS.gov. (1-800-843-5678) if you recognize a child. 51 51 (Circular A), Agricultural Employer's Tax Guide Changes to Forms 1042 and 1042-S. Based on provisions included in the final regulations Introduction 505 505 Tax Withholding and Estimated Tax under section 1446(f) of the Internal Revenue This publication is for withholding agents who 519 519 U.S. Tax Guide for Aliens Code, changes will be made. For more informa- pay income to foreign persons, including non- tion, see Form 1042 and Form 1042-S. 901 resident aliens, foreign corporations, foreign 901 U.S. Tax Treaties , partnerships, foreign trusts, foreign estates, for- 1179 1179 General Rules and Specifications eign governments, and international organiza- for Substitute Forms 1096, 1098, tions. Specifically, it describes the persons re- 1099, 5498, and Certain Other sponsible for withholding (withholding agents), Information Returns Reminders the types of income subject to withholding, and the information return and tax return filing obli- 1187 1187 Specifications for Electronic Filing of Central Withholding Agreement (CWA) sim- Form 1042-S, Foreign Person's U.S. plified application process. We’ve tempora- gations of withholding agents. In addition to dis- cussing the rules that apply generally to pay- Source Income Subject to rily waived the income requirement for which Withholding form to use when applying for a CWA. Form ments of U.S. source income to foreign persons, it also contains sections on the with- 13930-A is currently unavailable. While the 5124 5124 FATCA XML User Guide waiver is in effect, individuals with income be- holding that applies to the disposition of U.S. low $10,000 can apply for a CWA using Form real property interests and the withholding by Form (and Instructions) 13930, Instructions on How to Apply for a Cen- partnerships on income effectively connected SS-4 SS-4 Application for Employer tral Withholding Agreement PDF. For more in- with the active conduct of a U.S. trade or busi- Identification Number formation on how to apply for a CWA, see Form ness. 13930. W-2 W-2 Wage and Tax Statement Comments and suggestions. We welcome For more information, go to IRS.gov/ your comments about this publication and your W-4 W-4 Employee's Withholding Allowance Individuals/International-Taxpayers/Central- suggestions for future editions.
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