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2021 Instructions for Form 1042-S

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2021 Instructions for Form 1042-S Userid: CPM Schema: Leadpct: 100% Pt. size: 9.5 Draft Ok to Print instrx AH XSL/XML Fileid: … ons/I1042S/2021/A/XML/Cycle09/source (Init. & Date) _______ Page 1 of 38 15:42 - 19-Feb-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury 2021 Internal Revenue Service Instructions for Form 1042-S Foreign Person's U.S. Source Income Subject to Withholding Section references are to the Internal Revenue subsequent year with respect to a See also Notice 2020-2 (2020-3 I.R.B. Code unless otherwise noted. foreign partner's or beneficiary's share 327), available at IRS.gov/irb/ of income for the prior year may 2020-03_IRB#NOT-2020-2, which Future Developments designate the deposit of the withholding extends the phase-in period provided in For the latest information about as attributable to the preceding year and Notice 2018-72, 2018-40 I.R.B. 522, developments related to Form 1042-S in some cases a partnership is provided available at IRS.gov/irb/ and its instructions, such as legislation an extended due date for filing and 2018-40_IRB#NOT-2018-72, for certain enacted after they were published, go to furnishing Form 1042-S. See the provisions of the section 871(m) IRS.gov/Form1042S. instructions for Box 7c, later. regulations for two years, including for • Adjustments to overwithholding certain requirements of a qualified General Instructions under the reimbursement and set-off derivatives dealer (QDD). procedures. A withholding agent may Foreign Account Tax Compliance make adjustments to overwithholding What’s New Act (FATCA). Form 1042-S reports using either the reimbursement or payments and amounts withheld under Exemption code 02. Chapter 3 set-off procedures until the extended the provisions commonly known as exemption code 02 has been revised to due date for filing Form 1042-S (unless FATCA or Chapter 4 of the Internal read as follows “Exempt under IRC.” the Form 1042-S has already been filed Revenue Code (chapter 4) in addition to New footnote 7 has been added to or furnished). Additionally, a withholding those amounts required to be reported clarify that exemption code 02 “should agent may use the extended due date under Chapter 3 of the Internal Revenue only be used if no other specific for filing a Form 1042 to claim a credit Code (chapter 3). Form 1042-S requires chapter 3 exemption code applies.” As a for any adjustments made to the reporting of an applicable exemption result of the addition of footnote 7, all overwithholding. See the instructions for to the extent withholding under subsequent footnotes have been Box 9, later. renumbered. chapter 4 did not apply to a payment of Box 12f (country code). If the U.S. source fixed or determinable Exemption code 24. New chapter 3 withholding agent is a U.S. person or a annual or periodical (FDAP) income exemption code 24 (exempt under foreign branch of a U.S. person, filers (including deposit interest) that is section 892) has been added. must now enter “US” in box 12f (even reportable on Form 1042-S. For Requests for extension of time to though “US” is not a code on the list at payments to intermediaries, provide statements to recipients. IRS.gov/CountryCodes). See the flow-through entities, and recipients, The IRS has changed the manner in instructions for Box 12f, Country code, Form 1042-S requires that the chapter 3 which requests for an extension of time later, for details. status (or classification) and, when the payment reported is a withholdable to provide statements to recipients may Withholding rates. The rate of payment, the chapter 4 status, be be made. See Recipient copies, later, withholding under section 1446 by a reported on the form according to the for details. publicly traded partnership on a codes provided in these instructions. distribution of income effectively For the requirement of a withholding Reminders connected to a U.S. trade or business is agent to file a Form 1042-S for 21% for corporate partners and 37% for Reliance on proposed regulations chapter 4 purposes, see Regulations all other partners. reducing burden under FATCA and section 1.1474-1(d). Chapter 3. On December 18, 2018, the The rate of withholding by a Qualified Interest on deposits. Deposit interest Internal Revenue Service and Investment Entity on a distribution to a described in section 871(i)(2)(A) Department of Treasury issued nonresident alien or foreign corporation aggregating $10 or more paid to certain proposed regulations (REG-132881-17) that is treated as gain from the sale or nonresident alien individuals with to reduce taxpayer burden with respect exchange of a U.S. real property respect to a deposit maintained at an to certain requirements under Chapters interest by the shareholder is 21%. office within the United States and held 3 and 4 of the Code. The proposed Qualified derivatives dealers by a resident of certain countries must regulations provide that, under section (QDDs). These instructions provide be reported on Form 1042-S. For more 7805(b)(1)(C), taxpayers may generally guidance on how to report payments on information, see Interest on deposits rely on the proposed regulations until Form 1042-S that are made to and by paid to certain nonresident aliens in the final regulations are issued. Specifically, QDDs. See Payments by U.S. bullet list under Amounts Subject to for purposes of these instructions, a Withholding Agents and Amounts Paid Reporting on Form 1042-S, later. withholding agent may rely on the by Qualified Intermediaries, later. For following provisions in connection with more information on the withholding and Substitute forms. A substitute form completing Form 1042-S. reporting requirements associated with furnished to a recipient must conform in • Withholding and reporting in a payments made to and by QDDs, see format and size to the official IRS form subsequent year. A partnership or Rev. Proc. 2017-15, available at and contain the exact same information trust that is permitted to withhold in a IRS.gov/irb/2017-03_IRB#RP-2017-15. as the copy filed with the IRS. However, Feb 19, 2021 Cat. No. 64278A Page 2 of 38 Fileid: … ons/I1042S/2021/A/XML/Cycle09/source 15:42 - 19-Feb-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. the size of the form may be adjusted if submitted on the FIRE System, it is the a payment on an obligation that it the substitute form is presented on a responsibility of the filer to check the maintains at its U.S. office or U.S. landscape oriented page instead of status within 5 business days to verify branch must report the recipient's portrait. Only one Form 1042-S may be the results of the transmission. The IRS foreign tax identification number (FTIN) submitted per page, regardless of will not mail error reports for files that and date of birth (if the recipient is an orientation. Withholding agents that are bad. See Pub. 1187, Specifications individual). See Box 13i, Recipient's furnish a substitute Form 1042-S (Copy for Electronic Filing of Form 1042-S, Foreign Tax Identification Number and B, C, or D) to the recipient must furnish Foreign Person’s U.S. Source Income Box 13l, Recipient’s Date of Birth, later, a separate substitute Form 1042-S for Subject to Withholding. for additional information regarding this each type of payment of income (as requirement. Unique form identifier. Withholding determined by the income code in Box agents must assign a unique identifying 1). Withholding agents are no longer number to each Form 1042-S they file. Purpose of Form permitted to combine all payments of This identifying number is used, for Use Form 1042-S to report income income on a single substitute Form example, to identify which information described under Amounts Subject to 1042-S. For more information, see return is being corrected or amended Reporting on Form 1042-S, later, and to Substitute Forms, later. when multiple information returns are report amounts withheld under Account-by-account reporting by filed by a withholding agent with respect chapter 3 or chapter 4. U.S. financial institutions. A U.S. to the same recipient. The unique Use Form 1042-S to report specified financial institution or a U.S. branch of a identifying number cannot be the federal procurement payments paid to foreign financial institution maintaining recipient's U.S. or foreign TIN. The foreign persons that are subject to an account within the United States is unique identifying number must be withholding under section 5000C. required to report payments of the same numeric. The length of a given type of income (as determined by the identifying number must be exactly 10 Use Form 1042-S to report payments income code in Box 1) made to multiple digits. The identifying number must be of eligible deferred compensation items financial accounts held by the same unique to each original Form 1042-S or distributions from nongrantor trusts to beneficial owner on separate Forms filed for the current year. The identifying covered expatriates that are subject to 1042-S for each account. See number can be used on a new original withholding under section 877A. See Account-by-Account Reporting by form in a subsequent year. Box 1, Income Code, later. Certain Financial Institutions, later. Amended forms. Withholding agents Use Form 1042-S to report certain Withholding agent's status codes. filing an amended form must indicate distributions that are made by publicly Withholding agents must enter both a the amendment number (see top of form traded trusts and qualified investment chapter 3 and a chapter 4 status code below title, to the right of the “Amended” entities (as defined under section 897(h) regardless of the type of payment being checkbox).
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