IRS Logo
Print - Click this link to Print this page

Withholding on Specific Income

Amounts subject to reporting on Form 1042-S(PDF) are amounts paid to foreign persons (including persons presumed to be foreign) that are subject to withholding, even if no amount is deducted and withheld from the payment. There is a difference between a "withholding requirement" and a "reporting requirement" under NRA withholding.

  • A withholding requirement relates to an amount required to be deducted and withheld from the payment of income paid to a foreign person.
  • A reporting requirement involves the filing of an information return, Form 1042-S, reporting the amounts paid, withheld, and deposited.

Amounts subject to reporting on Form 1042-S are amounts paid to foreign persons even if the withholding agent did not withhold tax because the income was exempt from tax under a U.S. tax treaty or the Code, including the exemption for income that is effectively connected with the conduct of a trade or business in the United States.

For additional information, refer to

Effectively Connected Income

Effectively Connected Income is not subject to withholding under this tax regime.

Income Not Effectively Connected (FDAP)

A payment is subject to NRA withholding if it is U.S. source income and it is either FDAP or certain gains. This income is also known as Income Not Effectively Connected. Refer to Fixed, Determinable, for more information.

Specific Types of Income

This section discusses the specific types of income that are subject to NRA withholding. The income codes contained in this section correspond to the income codes used on Form 1042-S.

You must withhold tax at the statutory rates shown below unless a reduced rate or exemption under a tax treaty applies. For U.S. source gross income that is not effectively connected with a U.S. trade or business, the rate is usually 30%. Generally, you must withhold the tax at the time you pay the income to the foreign person.

Withholding Tax Rates

Type of Income

Rate

Taxable part of U.S. scholarship or fellowship grant paid to holder of "F," "J," "M," or "Q" visa

14%

Taxable part of U.S. scholarship or fellowship grant paid to other nonresident aliens

30%

Gross investment income from interest, dividends, rents, and royalties paid to a foreign private foundation

4%

Pensions paid to a nonresident alien - part paid for personal services

Graduated rates in Publication 15, Circular E, Employer's Tax Guide, and Publication 15-A, Employer's Supplemental Tax Guide

Wages paid to a nonresident alien employee

Graduated rates in Publication 51, Circular A, Agricultural Employer's Tax Guide, or Publication 15, Circular E, Employer's Tax Guide

Each foreign partner's share of effectively connected income of the partnership

39.6%

Distributions of effectively connected income to foreign partners by publicly traded partnerships

39.6%

Dispositions of U.S. real property interests

10%*

All other income payments subject to withholding

30%

* 35% in the case of certain distributions by corporations, partnerships, trusts, or estates.

The list below includes some specific types of income. Most of these types of income are discussed in Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities under the heading Withholding on Specific Income.

  • Income from Securities
  • Income Paid to U.S. Branch of a Foreign Bank or Insurance Company
  • Interest
  • Dividends
  • Capital Gains (Income Code 9)
  • Royalties
  • Real Property Income and Natural Resources Royalties (Income Code 13)
  • Pensions, Annuities, Insurance Premiums, and/or Alimony (Income Code 14)
  • Scholarships and Fellowship Grants (Income Code 15)
  • Pay for Personal Services Performed
  • Pay for Independent Personal Services (Income Code 16)
  • Pay for Dependent Personal Services (Income Code 17)
  • Pay for Teaching (Income Code 18)
  • Pay During Studying and Training (Income Code 19)
  • Artists and Athletes (Income Code 20)
  • Real Estate Investment Trust (REIT) and Other Trusts Distributions Subject to IRC section 1445 (Income Codes 24 and 25)
  • Unsevered Growing Crops and Timber Distributions by a Trust Subject to IRC section 1445 (Income Code 26)
  • Publicly Traded Partnership Distributions Subject to IRC section 1446 (Income Code 27)
  • Gambling Winnings (Income Code 28)
  • Notional Principal Contract Income (Income Code 32)
  • Substitute Payment - Other
  • Capital Gains Distributions
  • Other Income (Income Code 50)

References/Related Topics

Page Last Reviewed or Updated: 14-May-2014