![]() 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, or you released the tax withheld to the recipient. You must file a Form 1042-S even if you did not withhold tax under chapter 3 because the income was exempt from tax under a U.S. For example, see Regulations section 1.871-15(i) for when there is a dividend equivalent. Note that there may be a payment for tax purposes, even if there is no net payment. See Multiple Withholding Agent Rule, later, for exceptions to reporting when another person has reported the same payment to the recipient. ![]() Also, an individual paying an amount on which withholding is required must report the payment, whether or not the individual actually withholds. However, an individual who is a withholding agent paying an amount that actually has been subject to withholding is required to report the payment. For example, an individual making a payment of interest that qualifies for the portfolio interest exception from withholding is not required to report the payment if the portfolio interest is paid on a loan that is not connected to the individual's trade or business. However, withholding agents who are individuals are not required to report a payment on Form 1042-S if they are not making the payment as part of their trade or business and no withholding is required to be made on the payment. source FDAP income made to such persons and to report tax deducted and withheld, if any.Įvery withholding agent (defined in Definitions, later) must file an information return on Form 1042-S to report amounts paid during the preceding calendar year that are described under Amounts Subject to Reporting on Form 1042-S, later. An FFI or withholding agent may also be required to file Form 1042-S to report payments of U.S. Foreign financial institutions (FFIs), sponsoring entities of certain FFIs and other foreign entities, and withholding agents are required to report on Form 8966 certain account holders and payees. 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.įorm 8966, FATCA Report. Real Property Interests, or Form 8805, Foreign Partner's Information Statement of Section 1446 Withholding Tax. 361, available at IRS.gov/irb/2021-36_IRB#NOT-2021-51, for additional information.įorm W-2 (wages and other compensation made to employees (other than compensation for dependent personal services for which the beneficial owner is claiming treaty benefits), including wages in the form of group-term life insurance).įorm 8288-A, Statement of Withholding on Dispositions by Foreign Persons of U.S. Use of this status code is required beginning in 2023, when the provisions relating to withholding on transfers of interests in PTPs under section 1446(f) will be in effect. ![]() 9926 (84 FR 21198), published on November 30, 2020, contains final regulations (section 1446(f) regulations) relating to the withholding and reporting required under section 1446(f), which include withholding requirements that apply to brokers effecting transfers of interests in PTPs. transferor must withhold a tax equal to 10% of the amount realized on the disposition unless an exception to withholding applies. Section 1446(f) generally requires that if any portion of a gain on any disposition of an interest in a partnership would be treated under section 864(c)(8) as effectively connected gain, the transferee purchasing an interest in such a partnership from a non-U.S. Specifically, new income code 57 was added to report the payment of an amount realized subject to section 1446(f). New income code 57 was added for use by brokers that are required to report or withhold on the transfer of interests in publicly traded partnerships (PTPs), including distributions made by PTPs.
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