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Publication 515 - Introductory Material


Future Developments

For the latest information about developments related to Publication 515, such as legislation enacted after it was published, go to www.irs.gov/pub515.

What's New

Qualified intermediaries and qualified derivatives dealers. This publication has been updated to include some information on qualified derivatives dealers. See Qualified intermediary and Qualified derivatives dealers , later. For additional guidance on amounts subject to section 871(m), see the regulations under section 871(m), the related chapter 3 regulations, and any other guidance released thereunder.

Reminders

Deposit interest paid to certain nonresident alien individuals. Deposit interest of $10 or more paid to certain nonresident alien individuals must be reported on Form 1042-S. See Deposit interest paid to certain nonresident alien individuals.

Exemption from requirement to withhold for certain payments to qualified securities lenders. If you made U.S.-source substitute dividend payments to qualified securities lenders, you may be exempt from withholding tax on the payments. See Amounts paid to qualified securities lenders .

Electronic deposits. You must make all deposits of taxes paid with respect to Form 1042-S (including taxes withheld under either chapter 3 or chapter 4) electronically.

Substitute forms. The official Form 1042-S is the standard for substitute forms. All substitute forms must comply with the rules set out in Publication 1179. A substitute of Form 1042-S, Copy A, must be an exact copy of the official form. If it is not, the form may be rejected as incorrect and the IRS may impose penalties. The IRS provides several means of obtaining the most frequently used tax forms, including electronically. For details on the requirements of substitute forms, see Publication 1179.

Filing electronically. If you file Form 1042-S electronically, you will use the Filing Information Returns Electronically (FIRE) system. You get to the system through the Internet at fire.irs.gov. For files submitted on the FIRE system, it is the responsibility of the filer to verify the results of the transmission within 5 business days. The IRS will not mail error reports for files that are bad. See Publication 1187 for information on the requirements for filing Form 1042-S electronically.

Requests for extensions on Form 8809 must be filed electronically. Requests on Form 8809 for an extension of time to file Form 1042-S must be made electronically if the request is for more than one payer. See Extension to file Form 1042-S with the IRS.

Photographs of missing children. The IRS is a proud partner with the National Center for Missing & Exploited Children® (NCMEC). Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child.

Introduction

This publication is for withholding agents who pay income to foreign persons, including nonresident aliens, foreign corporations, foreign partnerships, foreign trusts, foreign estates, foreign governments, and international organizations. Specifically, it describes the persons responsible for withholding (withholding agents), the types of income subject to withholding, and the information return and tax return filing obligations of withholding agents. In addition to discussing the rules that apply generally to payments of U.S. source income to foreign persons, it also contains sections on the withholding that applies to the disposition of U.S. real property interests and the withholding by partnerships on income effectively connected with the active conduct of a U.S. trade or business.

Comments and suggestions.    We welcome your comments about this publication and your suggestions for future editions.

  You can send us comments from www.irs.gov/formspubs. Click on “More Information” and then on “Give us feedback.

  Or you can write to:

Internal Revenue Service 
Tax Forms and Publications 
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  We respond to many letters by telephone. Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence.

  Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products.

Ordering forms and publications.    Visit www.irs.gov/formspubs to download forms and publications. Otherwise, you can go to www.irs.gov/orderforms to order current and prior-year forms and instructions. Your order should arrive within 10 business days.

Tax questions.   If you have a tax question not answered by this publication, check IRS.gov and How To Get Tax Help at the end of this publication.

Useful Items - You may want to see:

Publication

  • 15 (Circular E), Employer's Tax Guide

  • 15-A Employer's Supplemental Tax Guide

  • 15-B Employer's Tax Guide to Fringe Benefits

  • 51 (Circular A), Agricultural Employer's Tax Guide

  • 505 Tax Withholding and Estimated Tax

  • 519 U.S. Tax Guide for Aliens

  • 901 U.S. Tax Treaties

  • 1187 Specifications for Electronic Filing of Form 1042-S, Foreign Person's U.S. Source Income Subject to Withholding

  • 5124 FATCA XML User Guide

Form (and Instructions)

  • SS-4 Application for Employer Identification Number

  • W-2 Wage and Tax Statement

  • W-4 Employee's Withholding Allowance Certificate

  • W-4P Withholding Certificate for Pension or Annuity Payments

  • W-7 Application for IRS Individual Taxpayer Identification Number

  • W-8BEN Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting (Individuals)

  • W-8BEN-E Certificate of Status of Beneficial Owner for United States Tax Withholding and Reporting (Entities)

  • 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 Certificate of Foreign Government or Other Foreign Organization for United States Tax Withholding and Reporting

  • W-8IMY Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U.S. Branches for United States Tax Withholding and Reporting

  • W-8 Inst. Instructions for the Requester of Forms W-8BEN, W-8BEN-E, W-8ECI, W-8EXP, and W-8IMY

  • W-9 Request for Taxpayer Identification Number and Certification

  • 941 Employer's QUARTERLY Federal Tax Return

  • 945 Annual Return of Withheld Federal Income Tax

  • 1042 Annual Withholding Tax Return for U.S. Source Income of Foreign Persons

  • 1042-S Foreign Person's U.S. Source Income Subject to Withholding

  • 1042-T Annual Summary and Transmittal of Forms 1042-S

  • 8233 Exemption from Withholding on Compensation for Independent (and Certain Dependent) Personal Services of a Nonresident Alien Individual

  • 8966 FATCA Report

See How To Get Tax Help at the end of this publication for information about getting publications and forms.


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