Every withholding agent, whether U.S. or foreign, must file Form 1042 (PDF) and 1042-S (PDF) to report payments of amounts subject to NRA withholding unless an exception applies. Do not use Forms 1042 and 1042-S to report a payment of income required to be reported on the following:
- Form W-2 (PDF), including wages, other compensation made to employees, and wages in the form of group-term life insurance subject to graduated income tax withholding (see Wages Paid to Employees-Graduated Withholding, earlier under Pay for Personal Services Performed) or,
- Form 1099, or
- Form 8805 (PDF), any portion of a U.S. or foreign partnership's effectively connected taxable income allocable to a foreign partner. Refer to Partnership Withholding,
- Form 8288-A (PDF), Dispositions of U.S. real property interests by foreign persons. Refer to Withholding of Tax on Dispositions of United States Real Property Interests - FIRPTA, or
Note: Withholding agents otherwise required to report a distribution partly on a Form 8288-A or Form 8805 and partly on a Form 1042-S may instead report the entire amount on Form 8288-A or Form 8805.
- Pensions, annuities, and certain other deferred income reported on Form 945 (PDF), and on Form 1099-R (PDF), or
- Income, social security, and Medicare taxes withheld on wages paid to a household employee reported on Schedule H (Form 1040) (PDF).
The Forms 1042 and 1042-S 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.
- Discussion of Form 1042, Annual Withholding Tax Return for U.S. Source Income of Foreign Persons
- Discussion of Form 1042-S, Foreign Person's U.S. Source Income Subject to Withholding
- Discussion of Form 1042-T, Annual Summary and Transmittal of Forms 1042-S
- Depositing Withheld Taxes, When Deposits Are Required, and Adjustment for Overwithholding in Publication 515.
- Electronic Reporting