Index

B

Backup withholding, Forms 1042 and 1042-S Reporting Obligations
Banks, interest received by, Banks.
Beneficial owner, Beneficial Owners
Beneficiary of foreign trust, Reporting of U.S. beneficiaries or owners.
Bonds sold between interest dates, Sales of bonds between interest dates.
Branch profits tax, Corporation subject to branch profits tax.

D

Deemed-compliant FFI, Deemed-compliant FFI.
Dependent personal services, Pay for dependent personal services (Income Code 17).
Allowance for personal exemptions, Withholding exemptions.
Defined, Pay for dependent personal services (Income Code 17).
Exempt from withholding, Graduated rates.
Depositing taxes
How to, Depositing Withheld Taxes
When to, When Deposits Are Required
Deposits, Interest on deposits (Income Code 29).
Disregarded entities, Disregarded entities.
Dividends
Direct dividend rate, Dividends qualifying for direct dividend rate (Income Code 7).
Domestic corporation, Dividends paid by a domestic corporation (an existing 80/20 company).
Foreign corporations, Dividends paid by foreign corporations (Income Code 8).
In general, Dividends
Documentary evidence, Documentary evidence., Documentary Evidence, Documentary evidence.
Documentation, Documentation, Presumption Rules for Chapter 4
For chapter 3, Documentation for Chapter 3
For chapter 4, Documentation for Chapter 4
From foreign beneficial owners and U.S. payees, Documentation for Chapter 3, Documentation for Chapter 4
From foreign intermediaries and foreign flow-through entities, Foreign Intermediaries and Foreign Flow-Through Entities
Presumptions in the absence of, Presumption Rules

E

Effectively connected income
Defined, Effectively Connected Income
Foreign partners, Partnership Withholding on Effectively Connected Income
Partnerships, Effectively connected income by partnerships.
EFTPS, Electronic deposit requirement.
Electronic deposit rules, Electronic deposit requirement.
Employees, Employees., Employee.
Employer, Employer.
Exempt beneficial owner, Exempt beneficial owner.

F

FATCA report, Form 8966 reporting.
Federal unemployment tax, Federal unemployment tax (FUTA).
Fellowship grants, Scholarships and Fellowship Grants Subject to Chapter 3 Withholding (Income Code 15)
Fellowships, Scholarships, fellowships, and grants.
Financial institution (FI), Financial institution (FI).
Financial institutions, Branches of financial institutions.
FIRPTA withholding, U.S. real property interest., U.S. Real Property Interest
Fiscally transparent entity, Fiscally transparent entity.
Fixed or determinable annual or periodic income, Fixed or Determinable Annual or Periodical Income (FDAP)
Flow-through entities, Flow-Through Entities
Foreign
501(c) organizations, Foreign Governments and Certain Other Foreign Organizations
Bank, U.S. branches of foreign banks and foreign insurance companies., Income paid to U.S. branch of foreign bank or insurance company.
Charitable organizations, Other foreign organizations, associations, and charitable institutions.
Corporations, Foreign corporations.
Governments, Foreign Governments and Certain Other Foreign Organizations
Insurance company, U.S. branches of foreign banks and foreign insurance companies., Income paid to U.S. branch of foreign bank or insurance company.
Intermediary, payee, Foreign Intermediaries
Organizations and associations, Other foreign organizations, associations, and charitable institutions.
Partner, Who Must Withhold
Partnerships, payee, Foreign partnerships.
Private foundation, Foreign private foundations., Foreign Governments and Certain Other Foreign Organizations
Status, Establishment of foreign status by certain withholding agents.
Trusts, payee, Foreign simple and grantor trust.
Foreign financial institution (FFI), Foreign financial institution (FFI).
Foreign person, Foreign Persons
Form
1042, Forms 1042 and 1042-S Reporting Obligations, Form 1042 filing. , Responsibilities of WT. , Form 1042.
1042-S, Forms 1042 and 1042-S Reporting Obligations, Form 1042-S reporting. , Form 1042 filing. , Form 1042-S.
1099, Withholding and Reporting Obligations (Other Than Forms 1042 and 1042-S Reporting)
1099-S, Form 1099-S, Proceeds From Real Estate Transactions.
4419, Electronic reporting.
7004, Extension to file Form 1042.
8233, Form 8233, Exemption From Withholding on Compensation for Independent (and Certain Dependent) Personal Services of a Nonresident Alien Individual.
8288, Reporting and Paying the Tax, Form 8288, U.S. Withholding Tax Return for Dispositions by Foreign Persons of U.S. Real Property Interests.
8288-A, Reporting and Paying the Tax, Form 8288-A, Statement of Withholding on Dispositions by Foreign Persons of U.S. Real Property Interests.
8288-B, Categories (1), (2), and (3).
8804, Form 8804, Annual Return for Partnership Withholding Tax (Section 1446).
8805, Form 8805, Foreign Partner's Information Statement of Section 1446 Withholding Tax.
8813, Form 8813, Partnership Withholding Tax Payment Voucher (Section 1446).
8833, Claiming treaty benefits for purposes of chapter 3.
8966, Form 8966 reporting.
940, Federal unemployment tax (FUTA).
941, Reporting requirements for wages and withheld taxes paid to nonresident aliens.
972, Consent dividends.
SS-4, U.S. or Foreign Taxpayer Identification Numbers
SS-5, U.S. or Foreign Taxpayer Identification Numbers
W-2, Reporting requirements for wages and withheld taxes paid to nonresident aliens., Form W-2.
W-4, Alternate withholding procedure., Form W-4, Employee's Withholding Allowance Certificate., Withholding exemptions., Special instructions for Form W-4.
W-7, U.S. or Foreign Taxpayer Identification Numbers
W-8 series, Forms W-8.
W-8BEN, Beneficial Owners, Form W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting (Individuals).
W-8BEN-E, Form W-8BEN-E, Certificate of Status of Beneficial Owner for United States Tax Withholding and Reporting (Entities).
W-8ECI, Documentary evidence., Form W-8ECI, Certificate of Foreign Person's Claim That Income Is Effectively Connected With the Conduct of a Trade or Business in the United States.
W-8EXP, Form W-8EXP, Certificate of Foreign Government or Other Foreign Organization for United States Tax Withholding and Reporting.
W-8IMY, Form W-8IMY, Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U.S. Branches for United States Tax Withholding and Reporting.
W-9, Form W-9., U.S. or Foreign Taxpayer Identification Numbers
FUTA, Federal unemployment tax (FUTA).

I

Identification number, taxpayer, U.S. or Foreign Taxpayer Identification Numbers, Identification numbers.
Important reminders, Reminders
Income
Fixed or determinable annual or periodical, Fixed or Determinable Annual or Periodical Income (FDAP)
Interest, Interest
Notional principal contract, Notional principal contract income.
Other than effectively connected, Income Not Effectively Connected
Pensions, Pension payments.
Personal service, Personal service income (for purposes of chapter 3 withholding).
Source of, Source of Income
Transportation, Transportation income.
Income code
01, Interest paid by U.S. obligors—general (Income Code 1).
02, Reduced rate or exemption from chapter 3 withholding for interest on real property mortgages (Income Code 2).
03, Reduced rate or exemption from chapter 3 withholding for interest paid to controlled foreign corporations (Income Code 3).
04, Reduced rate or exemption from chapter 3 withholding for interest paid by foreign corporations (Income Code 4).
06, Dividends paid by U.S. corporations — general (Income Code 6).
07, Dividends qualifying for direct dividend rate (Income Code 7).
08, Dividends paid by foreign corporations (Income Code 8).
09, Capital gains (Income Code 9).
10, Industrial royalties (Income Code 10).
11, Motion picture or television copyright royalties (Income Code 11).
12, Other royalties (for example, copyright, recording, publishing) (Income Code 12).
13, Real Property Income and Natural Resources Royalties (Income Code 13)
14, Pensions, Annuities, and Alimony (Income Code 14)
15, Scholarships and Fellowship Grants Subject to Chapter 3 Withholding (Income Code 15)
16, Pay for independent personal services (Income Code 16).
17, Pay for dependent personal services (Income Code 17).
18, Pay for teaching (Income Code 18).
19, Pay during studying and training (Income Code 19).
20, Artists and Athletes (Income Codes 42 and 43)
24, Reporting and Paying the Tax
25, Reporting and Paying the Tax
26, Reporting and Paying the Tax
27, Publicly Traded Partnerships
28, Gambling winnings (Income Code 28).
29, Interest on deposits (Income Code 29).
30, Original issue discount (Income Code 30).
50, Other income (Income Code 51).
Independent personal services
Defined, Pay for independent personal services (Income Code 16).
Exempt from withholding, Pay for independent personal services (Income Code 16)., 30% rate.
India, Students and business apprentices from India.
Indirect account holders, Indirect Account Holders' Chapter 3 Status
Installment payment, Installment payments., Installment payments.
Insurance proceeds, Insurance proceeds.
Interest
Contingent, Contingent interest.
Controlled foreign corporations, Reduced rate or exemption from chapter 3 withholding for interest paid to controlled foreign corporations (Income Code 3).
Deposits, Interest on deposits (Income Code 29).
Foreign business arrangements, Interest from foreign business arrangements.
Foreign corporations, Reduced rate or exemption from chapter 3 withholding for interest paid by foreign corporations (Income Code 4).
Income, Interest
Portfolio, Portfolio interest exempt from chapter 3 withholding., Interest that does not qualify as portfolio interest.
Real property mortgages, Reduced rate or exemption from chapter 3 withholding for interest on real property mortgages (Income Code 2).
Intermediary
Foreign, Foreign Intermediaries
Nonqualified, Nonqualified intermediary.
Qualified, Foreign Intermediaries, Qualified intermediary., Qualified Intermediaries
International organizations, Foreign Governments and Certain Other Foreign Organizations
ITIN, U.S. or Foreign Taxpayer Identification Numbers

L

Liability of withholding agent, Liability for tax.
Limited branch, Limited branch.

N

Non-financial foreign entity (NFFE), Non-financial foreign entity (NFFE).
Non-registered obligations, Obligations not in registered form and obligations issued before March 19, 2012.
Nonparticipating FFI, Nonparticipating FFI.
Nonqualified intermediary
Alternative withholding procedure, Alternative procedure.
Chapter 4 withholding rate pool, Chapter 4.
Defined, Nonqualified intermediary.
For chapter 3 purposes, For chapter 3 purposes.
For chapter 4 purposes, For chapter 4 purposes.
For chapter 61 purposes, For chapter 3 purposes.
Pooled withholding, Pooled withholding information.
Withholding statement, Withholding statement.
Nonresident alien
Defined, Nonresident alien.
Married to U.S. citizen or resident, Married to U.S. citizen or resident alien.
Who becomes a resident alien, Nonresident alien who becomes a resident alien.
Nonwage pay, Pay that is not wages.
Northern Mariana Islands, Guam or Northern Mariana Islands corporations.
Notional principal contract income, Notional principal contract income.

O

Obligations
Not in registered form, Obligations not in registered form and obligations issued before March 19, 2012.
Registered, Obligations in registered form.
Offshore accounts, Offshore obligations.
Original issue discount, Original issue discount (Income Code 30).
Overwithholding, adjustment for, Adjustment for Overwithholding
Owner-documented FFI, Owner-documented FFI.

P

Participating FFI, Form W-8IMY, Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U.S. Branches for United States Tax Withholding and Reporting., Participating FFI.
Partner, foreign, Who Must Withhold, Foreign partner.
Partnerships
Effectively connected income of foreign partners, Partnership Withholding on Effectively Connected Income
Foreign payee, Foreign partnerships.
Publicly traded, Publicly Traded Partnerships
Withholding foreign, Withholding foreign partnership and withholding foreign trust. , Withholding Foreign Partnerships
Passive NFFE, Passive NFFE.
Pay for personal services
Artists and athletes, Artists and Athletes (Income Codes 42 and 43)
Dependent personal services, Pay for dependent personal services (Income Code 17).
Employees, Wages Paid to Employees— Graduated Withholding
Exempt from withholding, Pay for Personal Services Performed
Independent personal services, Pay for independent personal services (Income Code 16).
Salaries and wages, Wages Paid to Employees— Graduated Withholding
Scholarship or fellowship recipient, Pay for services rendered.
Studying, Pay during studying and training (Income Code 19).
Teaching, Pay for teaching (Income Code 18).
Training, Pay during studying and training (Income Code 19).
Payee
Charitable organizations, Other foreign organizations, associations, and charitable institutions.
Fiscally transparent entity, Fiscally transparent entity.
Foreign flow-through entities, Foreign Intermediaries and Foreign Flow-Through Entities
Foreign intermediaries, Foreign Intermediaries and Foreign Flow-Through Entities
Foreign partnerships, Foreign partnerships.
Foreign trusts, Foreign simple and grantor trust.
Identifying, Identifying the Payee
Nonqualified intermediary, Nonqualified intermediary.
Organizations and associations, Other foreign organizations, associations, and charitable institutions.
Private foundations, Foreign private foundations.
Qualified intermediary, Qualified intermediary.
U.S branches of foreign persons, U.S. branches of foreign persons.
Penalties
Deposit, Penalty for failure to make deposits on time.
Form 1042, Penalties
Form 8804, Penalties.
Form 8805, Penalties.
Magnetic media, Failure to file electronically.
Trust fund recovery, Trust fund recovery penalty.
Pensions, Pension payments., Pensions, Annuities, and Alimony (Income Code 14), Pensions and annuities.
Per diem, Per diem paid by the U.S. Government.
Personal service income, Personal service income (for purposes of chapter 3 withholding).
Pooled withholding information, Pooled withholding information., Failure to provide allocation information.
Portfolio interest, Portfolio interest exempt from chapter 3 withholding., Interest that does not qualify as portfolio interest.
Presumption rules
Corporation, Presumption Rules
Individual, Presumption Rules
Partnership, Presumption Rules
Trust, Presumption Rules
Private foundation, foreign, Foreign private foundations.
Prizes, Other Grants, Prizes, and Awards Subject to Chapter 3 Withholding
Puerto Rico, Resident of a U.S. possession., Exception 4.

Q

QI agreement, QI agreement.
Qualified intermediary
Agency option, Agency option.
Collective refund procedures, Collective refund procedures.
Defined, Qualified Intermediaries
Joint account treatment, Joint account treatment.
Payee, Qualified intermediary.
Reporting on Form 1042-S, Form 1042-S reporting.
Responsibilities and documentation, Responsibilities and documentation.
Qualified investment entity (QIE)
Distributions paid by, Qualified investment entities.
Dividends paid by, Dividends paid by a QIE.

T

Tax treaties (see Treaties)
Tax-exempt entities, Foreign Governments and Certain Other Foreign Organizations
Taxpayer identification number (TIN), U.S. or Foreign Taxpayer Identification Numbers, Identification numbers.
Exceptions, Exceptions to U.S. TIN requirement.
Teachers, Pay for teaching (Income Code 18).
Ten-percent owners, Ten-percent owners.
Territorial limits, Territorial limits.
Territory financial institution, Territory financial institution.
Totalization agreements, Social security and Medicare tax.
Transportation income, Transportation income.
Travel expenses, Travel expenses.
Treaties
Claiming benefits for chapter 3, Claiming treaty benefits for purposes of chapter 3.
Dependent personal services, Tax treaties.
Entertainers and athletes, Tax treaties.
Gains, Tax treaties.
Independent personal services, Tax treaties.
Rate tables, Tax Treaty Tables
Students, Tax treaties., Tax treaties.
Teaching, Tax treaties.
Trainees, Tax treaties.
Treaty rate tables, Table 3, Tax Treaty Tables
Trust Territory of the Pacific Islands, Income from U.S. Savings Bonds of residents of the Ryukyu Islands or the Trust Territory of the Pacific Islands.
Trusts
Foreign payee, Foreign simple and grantor trust.
Withholding foreign, Withholding foreign partnership and withholding foreign trust. , Withholding Foreign Trusts

W

Wages
Paid to employees, Wages Paid to Employees— Graduated Withholding
Pay that is not, Pay that is not wages.
When to withhold, When to withhold.
Withhold, amount to, Determination of amount to withhold.
Withhold, when to, When to withhold.
Withholdable payment, Chapter 4 Withholding Requirements, Persons Subject to Chapter 3 or Chapter 4 Withholding, Special chapter 4 rules., Withholdable payment.
Withholding
Agreements, Withholding agreements., Income Code 43.
Certificate, Withholding Certificates, Withholding certificate.
Chapter 3, Chapter 3 Withholding Requirements
Chapter 4, Chapter 4 Withholding Requirements
In general, Withholding of Tax
On specific income, Withholding on Specific Income
Rate pool, Pooled withholding information., Chapter 4 withholding rate pool.
Real property, U.S. Real Property Interest
Reporting and paying, Reporting and Paying the Tax
Withholding agent, Withholding Agent
Liability, Liability for tax.
Returns required, Returns Required
Tax deposit requirements, Depositing Withheld Taxes
Withholding exemptions and reductions
Dependent personal services, Graduated rates.
Exemption, Withholding exemption.
Final payment exemption, Final payment exemption.
Foreign governments, Foreign Governments and Certain Other Foreign Organizations
International organizations, Foreign Governments and Certain Other Foreign Organizations
Real property interest, Withholding Certificates
Researchers, Tax treaties.
Scholarships and fellowship grants, Alternate withholding procedure.
Students, Tax treaties.
Withholding agreements, Withholding agreements., Income Code 43.
Withholding foreign partnership (WP)
Agency option, Agency option.
Collective refund procedures, Collective refund procedures.
Joint account treatment, Joint account treatment.
Not acting as WP, Not acting as WP.
Withholding foreign trust (WT)
Agency option, Agency option.
Collective refund procedures, Collective refund procedures.
Joint account treatment, Joint account treatment.
Not acting as WT, Not acting as WT.
Reporting U.S. beneficiaries, Reporting of U.S. beneficiaries or owners.
Responsibilities of, Responsibilities of WT.

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