Every withholding agent, whether U.S. or foreign, must file Form 1042 and 1042-S to report payments of amounts subject to NRA withholding and chapter 4 reportable amounts, 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, 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)
  • Form 1099
  • Form 8805, 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, including dispositions of U.S. real property interests by foreign persons (refer to Withholding of Tax on Dispositions of United States Real Property Interests - FIRPTA) and dispositions by a foreign person of an interest in a partnership that is engaged in a trade or business in the United States (refer to Partnership Withholding).
    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.
  • Form 8288-C PDF, for withholding by a partnership under Section 1446(f) on a disposition by a foreign partner of a partnership interest, when the buyer has failed to withhold. 
  • Pensions, annuities, and certain other deferred income reported on Form 945, and on Form 1099-R.
  • 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.

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