Forma 1042- S instrukcijos
Instrukcijos forma 1042-S, užsienio asmuo JAV šaltinis pajamų atsižvelgiant į anuliavimo
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- Forma 1042- S - Užsienio asmens JAV Šaltinio pajamų atsižvelgiant į anuliavimo
Department of the Treasury
Internal Revenue Service
2024
Instructions for Form 1042-S
Foreign Person's U.S. Source Income Subject to Withholding
Contents
Page
Future Developments
For the latest information about developments related to
Form 1042-S and its instructions, such as legislation enacted
What’s New
Reporting of distributions of publicly traded partner-
ships (PTPs). The instructions for boxes 16a through 16e
state that a withholding agent for a PTP distribution is
required to provide the applicable information for the PTP in
the payer's box (including code 38) when reporting the
payment of a PTP distribution using income code 27, 57, or
58. These instructions have been updated to clarify that the
requirement to report the PTP's information with respect to its
distribution does not apply to a withholding agent paying a
PTP distribution to a Qualified Intermediary (QI) when
reporting to the QI in reporting pools on Forms 1042-S with
respect to the distribution. Under these instructions, this
exception also applies to a QI reporting a PTP distribution
using reporting pools. See Boxes 16a Through 16e, Payer's
Name, TIN, GIIN, and Status Code, later. For this change and
other clarifications for the reporting of PTP distributions, see
Amounts That Are Not Subject to Reporting on
Distributions Attributable to Dispositions of U.S.
Real Property Interests by Publicly Traded
Publicly Traded Partnerships (Sections 1446(a)
Amounts Paid by Nonqualified Intermediaries and
Reporting of a GIIN. The 2023 Form 1042-S instructions
contained a note, which stated that if a payment was properly
classified with a chapter 3 indicator in box 3, the withholding
agent was not required to enter a GIIN in boxes 12e, 13h,
15e, and 16c. This exception to the reporting of a GIIN has
been removed from these instructions. See the instructions
for the above boxes for when a GIIN is required. See the
instructions for boxes 16a through 16e for when a GIIN is
required for a PTP reported in box 16a.
Reminders
Electronic filing. A withholding agent that is not a financial
institution is required to file Forms 1042-S electronically if it is
either required to file at least 10 information returns during
the year or is a partnership with more than 100 partners. See
Regulations section 301.6011-2.
Box 12a, Withholding Agent's Employer
Boxes 12d Through 12i, Withholding Agent's
Name, GIIN, Country Code, Foreign TIN (if
Income code 56. Income code 56 was added to the 2022
Form 1042-S to address section 871(m) transactions
resulting from combining transactions under Regulations
section 1.871-15(n) (including as modified by transition relief
under Notice 2022-37, 2022-37 I.R.B. 234, available at
Income code 56 should be used for any dividend equivalent
pursuant to a transaction that is a section 871(m) transaction
as a result of combining transactions, even if another income
code could apply to the dividend equivalent. See Box 1,
Income Code, later, for additional information.
Boxes 15a Through 15i, Intermediary/
Flow-Through Entity's Name, Status Code,
Country Code, Address, EIN, GIIN, and
Boxes 16a Through 16e, Payer's Name, TIN, GIIN,
Boxes 17a Through 17c, State Income Tax
Section references are to the Internal Revenue Code unless
otherwise noted.
Reliance on proposed regulations reducing burden un-
der FATCA and chapter 3. On December 18, 2018, the IRS
and the Department of the Treasury issued proposed
Feb 2, 2024
Cat. No. 64278A
respect to certain requirements under chapters 3 and 4. The
proposed regulations provide that, under section 7805(b)(1)
(C), taxpayers may generally rely on the proposed
regulations until final regulations are issued. Specifically, for
purposes of these instructions, a withholding agent may rely
on the following provisions in connection with completing
Form 1042-S.
Filing Information Returns Electronically (FIRE) System.
For files submitted on the FIRE System, it is the responsibility
of the filer to check the status within 5 business days to verify
the results of the transmission. The IRS will not mail error
for Electronic Filing of Form 1042-S, Foreign Person’s U.S.
Source Income Subject to Withholding.
Unique form identifier. Withholding agents must assign a
unique identifying number to each Form 1042-S they file. This
identifying number is used, for example, to identify which
information return is being corrected or amended when
multiple information returns are filed by a withholding agent
with respect to the same recipient. The unique identifying
number cannot be the recipient's U.S. or foreign TIN. The
unique identifying number must be numeric. The length of a
given identifying number must be exactly 10 digits. The
identifying number must be unique to each original Form
1042-S filed for the current year. The identifying number can
be used on a new original form in a subsequent year.
Withholding and reporting in a subsequent year. A
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partnership or trust that is permitted to withhold in a
subsequent year with respect to a foreign partner's or
beneficiary's share of income for the prior year may
designate the deposit of the withholding as attributable to the
preceding year and in some cases a partnership is provided
an extended due date for filing and furnishing Form 1042-S.
Adjustments to overwithholding under the
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reimbursement and set-off procedures. A withholding
agent may make adjustments to overwithholding using either
the reimbursement or set-off procedures until the extended
due date for filing Form 1042-S (unless the Form 1042-S has
already been filed or furnished). Additionally, a withholding
agent may use the extended due date for filing a Form 1042
to claim a credit for any adjustments made to
List of foreign country codes. Form 1042-S filers must
use the same list of country codes used on other IRS forms
(for example, Forms 926, 1118, 3520, and 8805). This list of
foreign country codes may be found at IRS.gov/
Withholding rates. The rate of withholding under section
1446(a) by a PTP on a distribution of income effectively
connected to a U.S. trade or business is 21% for corporate
partners and 37% for all other partners.
The rate of withholding by a qualified investment entity
(QIE) on a distribution to a nonresident alien or foreign
corporation that is treated as gain from the sale or exchange
of a U.S. real property interest by the shareholder is 21%.
Qualified derivatives dealers (QDDs). These instructions
provide guidance on how to report payments on Form 1042-S
that are made to and by QDDs. See Payments by U.S.
information on the withholding and reporting requirements
associated with payments made to and by QDDs, see Rev.
Proc. 2022-43, 2022-52 I.R.B. 570, available at IRS.gov/irb/
2022-52_IRB#RP-2022-43. See also Notice 2022-37,
2022-37 I.R.B. 234 available at IRS.gov/irb/
Note. Although the list of country codes is maintained by
Modernized e-File, Form 1042-S filers who file electronically
will continue to use the FIRE System. See the instructions for
Electronic Reporting, later. Also, if applicable, the option to
file Form 1042-S by paper is still available.
General Instructions
Purpose of Form
Use Form 1042-S to report income described under Amounts
Subject to Reporting on Form 1042-S, later, and to report
amounts withheld under chapter 3 or chapter 4.
Use Form 1042-S to report specified federal procurement
payments paid to foreign persons that are subject to
withholding under section 5000C.
period provided in Notice 2020-2, 2020-3 I.R.B. 327,
certain provisions of the section 871(m) regulations for 2
years (including 2024), including for certain requirements of a
QDD.
Foreign Account Tax Compliance Act (FATCA). Form
1042-S reports payments and amounts withheld under the
provisions commonly known as FATCA or chapter 4 of the
Internal Revenue Code (chapter 4) in addition to those
amounts required to be reported under chapter 3 of the
Internal Revenue Code (chapter 3). Form 1042-S requires
the reporting of an applicable exemption to the extent
withholding under chapter 4 did not apply to a payment of
U.S. source fixed or determinable annual or periodical
(FDAP) income (including deposit interest) that is reportable
on Form 1042-S. For payments to intermediaries,
Use Form 1042-S to report payments of eligible deferred
compensation items or distributions from nongrantor trusts to
covered expatriates that are subject to withholding under
Use Form 1042-S to report certain distributions that are
made by publicly traded trusts and QIEs (as defined under
section 897(h)(4)(A)). See Distributions Attributable to
Use Form 1042-S to report distributions of effectively
connected income (ECI) by a PTP or nominee and amounts
realized paid on certain transfers of PTP interests. See
Every person required to deduct and withhold any tax
under chapter 3 or chapter 4 is liable for such tax.
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flow-through entities, and recipients, Form 1042-S requires
that the chapter 3 status (or classification) and, when the
payment reported is a withholdable payment, the chapter 4
status, be reported on the form according to the codes
provided in these instructions. For the requirement of a
withholding agent to file a Form 1042-S for chapter 4
purposes, see Regulations section 1.1474-1(d).
CAUTION
Do not use Form 1042-S to report an item required to be
reported on any of the following forms.
Form W-2 (wages and other compensation made to
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employees (other than compensation for dependent personal
services for which the beneficial owner is claiming treaty
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Instructions for Form 1042-S (2024)
benefits), including wages in the form of group-term life
insurance).
Sunday, or legal holiday in the District of Columbia or where
the return is to be filed, the due date is the next business day.
Form 1099 (except if indicated otherwise in these
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Copy A is filed with the IRS. Send all paper Forms 1042-S
with Form 1042-T, Annual Summary and Transmittal of Forms
1042-S, to the address in the Form 1042-T instructions. You
must use Form 1042-T to transmit paper Forms 1042-S. Use
a separate Form 1042-T to transmit each type of Form
and the Form 1042-T instructions for more information.
later, for information on who is required to file Form 1042-S
electronically.
instructions).
Form 8288-A, Statement of Withholding on Certain
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Dispositions by Foreign Persons, or Form 8805, Foreign
Partner's Information Statement of Section 1446 Withholding
Tax. 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 8966, FATCA Report. Foreign financial institutions
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(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. An FFI or
withholding agent may also be required to file Form 1042-S to
report payments of U.S. source FDAP income made to such
persons and to report tax deducted and withheld, if any.
Attach only Copy A to Form 1042-T. Provide Copies
B, C, and D to the recipient of the income. All copies
must match the copy filed with the IRS. Any
TIP
differences between the copy of the form issued to recipients
and the copy filed with the IRS will lead to delays in
processing the recipient's tax return. The IRS may disallow
claims for refund or credit for amounts withheld reported on
Form 1042-S if the form attached to such claims differs from
the copy that was filed with the IRS.
Who Must File
file an information return on Form 1042-S to report amounts
paid during the preceding calendar year that are described
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. 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, an individual who is a withholding
agent paying an amount that actually has been subject to
withholding is required to report the payment. Also, an
individual paying an amount on which withholding is required
must report the payment, whether or not the individual
later, for exceptions to reporting when another person has
reported the same payment to the recipient. Note that there
may be a payment for tax purposes, even if there is no net
payment. For example, see Regulations section 1.871-15(i)
for when there is a dividend equivalent.
With respect to a withholdable payment, the recipient copy
should be provided to the intermediary or flow-through entity
named as a recipient with respect to a chapter 4 reporting
pool, if applicable.
Extension of time to file. To request an extension of time to
file Forms 1042-S, file Form 8809, Application for Extension
of Time To File Information Returns. See the instructions for
You should request an extension as soon as you are aware
that an extension is necessary, but no later than the due date
for filing Form 1042-S. By filing Form 8809, you will get an
automatic 30-day extension to file Form 1042-S. If you need
more time, you may submit a second Form 8809 before the
information.
Recipient copies. You may request an extension of time
to provide the statements to recipients by faxing a letter to:
Internal Revenue Service
Technical Services Operation
Attn: Extension of Time Coordinator
Fax: 877-477-0572
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. tax treaty or the Internal Revenue 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. For exceptions, see Amounts That Are Not Subject
to Reporting on Form 1042-S, later.
Amounts paid to an individual that is a bona fide resident
of a U.S. territory are not subject to reporting on Form 1042-S
if the beneficial owner of the income is a U.S. citizen,
national, or resident alien (such amounts may be subject to
Form 1099 reporting).
(International 304-579-4105)
The letter must include:
1. Your name,
2. Your TIN,
3. Your address,
4. Type of return (Form 1042-S),
5. A statement that your extension request is for
providing statements to recipients,
6. Reason for delay, and
7. The signature of the payer or authorized agent.
If you file Form 1042-S, you must also file Form 1042,
Annual Withholding Tax Return for U.S. Source
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CAUTION
Income of Foreign Persons. See Form 1042 and its
Your request must be received no later than the date the
Forms 1042-S are due to the recipients. If your request for an
extension is approved, generally you will be granted a
maximum of 30 extra days to furnish the recipient statements.
Entities.
instructions for more information.
Where, When, and How To File
Forms 1042-S, whether filed on paper or electronically, must
be filed with the IRS and be furnished to the recipient of the
income by March 15, 2025. If the 15th falls on a Saturday,
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Instructions for Form 1042-S (2024)
extension requests electronically instead of on a
paper Form 8809.
If you have tax law questions pertaining to Form 1042-S,
call 267-941-1000 (not a toll-free number).
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CAUTION
Additional Information
To order this publication and other publications and forms,
call 800-TAX-FORM (800-829-3676). You can download or
print some of the forms and publications you may need on
Electronic Reporting
Forms 1042-S must be filed electronically if:
You are a person (including a corporation, partnership,
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individual, trust, or estate) that is required to file 10 or more
information returns during the year or is a partnership with
more than 100 partners, or
OrderForms to place an order and have forms mailed to you.
You should receive your order within 10 business days.
You are a financial institution (whether U.S. or foreign)
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regardless of the number of returns required to be filed.
Record Retention
Withholding agents should retain a copy of the information
returns filed with the IRS, or have the ability to reconstruct the
data, for at least 3 years after the reporting due date.
Electronic submissions are filed using the FIRE System.
The FIRE System operates 24 hours a day, 7 days a week, at
Substitute Forms
The electronic filing requirement also applies to amended
returns for a withholding agent required to file its original
Form 1042-S returns electronically under the above
requirements.
The official Form 1042-S is the standard for substitute forms.
All substitute forms must comply with the rules set forth in
Pub. 1179, General Rules and Specifications for Substitute
Forms 1096, 1098, 1099, 5498, and Certain Other
Information Returns. A substitute of Form 1042-S that is
furnished to the recipient (Copy B, C, or D) must conform in
format and size to the official IRS form and must contain the
exact same information as the copy filed with the IRS.
However, the size of the form may be adjusted if the
substitute form is presented on a landscape-oriented page
instead of portrait. Only one Form 1042-S may be submitted
per page, regardless of orientation. You may be subject to a
penalty for failure to furnish a correct information return. See
Penalties, later.
If you file electronically, do not file the same returns
on paper. Duplicate filing may cause penalty notices
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CAUTION
to be generated.
Note. Regardless of the above requirements, the IRS
encourages filers to transmit forms electronically.
Hardship waiver. To receive a hardship waiver from filing
Forms 1042-S electronically, submit Form 8508, Request for
Waiver From Filing Information Returns Electronically. Waiver
requests should be filed at least 45 days before the due date
Note. A withholding agent is required to provide a recipient
with a separate substitute Form 1042-S for each type of
payment of income (as determined by the income code in
box 1).
Truncation of TIN Rules
Withholding agents may truncate the recipient's TIN (social
security number (SSN), individual taxpayer identification
number (ITIN), or employer identification number (EIN)) on
the recipient's copy of Form 1042-S (that is, Copies B, C, and
D), including a substitute form. To truncate the recipient's
TIN, only the last four digits of a TIN must be displayed and
the remaining digits must be replaced with either asterisks (*)
or Xs. For example, an SSN or ITIN must be truncated on the
recipient's copy as XXX-XX-nnnn. An EIN must be truncated
as XX-XXXnnnn.
All of the fields on the substitute form must match the
copy filed with the IRS and must comply with IRS
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CAUTION
the substitute form issued to recipients and the copy filed with
the IRS will lead to delays in processing the recipient's tax
return. The IRS may disallow claims for refund or credit for
amounts withheld reported on Form 1042-S if the substitute
form attached to such claims differs from the copy that was
filed with the IRS.
Withholding agents may also truncate a recipient’s foreign
tax identification number (FTIN) on the recipient’s copy of
Form 1042-S (Copies B, C, and D), including a substitute
form. The same rules for truncating a recipient’s U.S. TIN
stated above must be followed if truncating a recipient’s
FTIN.
Penalty for filing incorrect substitute form. Privately
printed substitute Forms 1042-S must be exact copies of
both the format and content of the official Form 1042-S. If you
file a substitute for Form 1042-S, Copy A, with the IRS that is
not an exact copy of the official Form 1042-S, Copy A, you
may be subject to a penalty for failure to file a correct
Note. The recipient's TIN and FTIN must not be truncated on
Copy A filed with the IRS. The withholding agent's EIN
cannot be truncated on any copy.
Account-by-Account Reporting by Certain
Financial Institutions
A U.S. financial institution or U.S. branch of an FFI
Need assistance? For additional information and
instructions on filing Forms 1042-S electronically, extensions
of time to file (Form 8809), and hardship waivers (Form
Reporting Program at 866-455-7438 (toll free) or
304-263-8700 (not a toll-free number). Do not call the
Information Reporting Program for tax law questions. The
Information Reporting Program can also be reached by fax at
877-477-0572 (toll free) and international fax at
maintaining an account within the United States is required to
report payments of the same type of income (as determined
by the income code in box 1) made to multiple financial
accounts held by the same recipient on a separate Form
1042-S for each account. For this purpose, a financial
account is an account described in Regulations section
1.1471-5(b)(1). See the instructions for Box 13k, Recipient’s
304-579-4105 (not a toll-free number).
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Instructions for Form 1042-S (2024)
Account Number, later, for information on designating each
income is all income included in gross income, including
interest (as well as original issue discount (OID)), dividends,
rents, royalties, and compensation. Amounts subject to
chapter 3 withholding do not include amounts that are not
FDAP, such as most gains from the sale of property (including
market discount and option premiums), as well as other
specific items of income (such as interest on bank deposits
and short-term OID). See Regulations section 1.1441-2.
Authorized agent. An agent is an authorized agent for
purposes of filing Form 1042 or making tax deposits and
payments on behalf of its principal (payer) only if all five of the
following conditions apply.
account with a separate account number.
Combined Reporting Procedures
Rev. Proc. 99-50 provides special procedures for successor
entities to use combined information reporting under
chapter 3 in certain situations following a merger or
acquisition. A withholding agent may also use these
procedures for purposes of reporting under chapter 4.
Deposit Requirements
For information and rules concerning federal tax deposits,
Requirements in the Instructions for Form 1042.
1. There is a written agreement between the payer and
the person acting as agent.
2. A Form 8655, Reporting Agent Authorization, is filed
with the IRS if the agent is filing Form 1042 (in its own name)
on behalf of the payer.
Definitions
Withholding agent. A withholding agent is any person, U.S.
or foreign, that has control, receipt, or custody of an amount
subject to withholding under chapter 3 who can disburse or
make payments of an amount subject to withholding, or who
makes a withholdable payment under chapter 4. The
withholding agent may be an individual, corporation,
partnership, trust, association, or any other entity. The term
“withholding agent” also includes, but is not limited to, a
qualified intermediary (QI), a nonqualified intermediary (NQI),
a withholding foreign partnership (WP), a withholding foreign
trust (WT), a flow-through entity, a U.S. branch that is treated
as a U.S. person under Regulations section 1.1441-1(b)(2)
(iv)(A), a territory FI, a nominee under section 1446, and an
authorized agent. A person may be a withholding agent even
if there is no requirement to withhold from a payment or if
another person has already withheld the required amount
from a payment.
3. The books and records and relevant personnel of the
agent are available to the payer.
4. The payer remains fully liable for the acts of its agent
and does not assert any of the defenses that may otherwise
be available.
5. If the agent is filing Form 1042 (in its own name) on
behalf of the payer, the agent is reported as the withholding
agent in boxes 12a through 12i and information about the
payer is reported in boxes 16a through 16e of the Form
1042-S.
A sponsoring entity is a reporting agent with respect to
withholdable payments and must fulfill the above conditions
to be an authorized agent.
For more information on these conditions, see Regulations
sections 1.1441-7(c) and 1.1474-1(a)(3)(ii).
In most cases, the U.S. person who pays (or causes to be
paid) the item of U.S. source income to a foreign person (or
to its agent) must withhold. However, other persons may be
required to withhold. For example, if a payment is made by a
QI (whether or not it assumes primary withholding
Beneficial owner. For payments other than those for which
a reduced rate of withholding is claimed under an income tax
treaty, the beneficial owner of income in most cases is the
person who is required under U.S. tax principles to include
the income in gross income on a tax return. A person is not a
beneficial owner of income, however, to the extent that
person is receiving the income as a nominee, agent, or
custodian, or to the extent the person is a conduit whose
participation in a transaction is disregarded. In the case of
amounts paid that do not constitute income, beneficial
ownership is determined as if the payment were income.
Foreign partnerships, foreign simple trusts, and foreign
grantor trusts are not the beneficial owners of income paid to
the partnership or trust for chapter 3 purposes. The beneficial
owners of income paid to a foreign partnership in most cases
are the partners in the partnership, provided that the partner
is not itself a partnership, foreign simple or grantor trust,
nominee, or other agent. The beneficial owner of income paid
to a foreign simple trust (a foreign trust that is described in
section 651(a)) in most cases is the beneficiary of the trust, if
the beneficiary is not a foreign partnership, foreign simple or
grantor trust, nominee, or other agent. The beneficial owner
of a foreign grantor trust (a foreign trust to the extent that all
or a part of the income of the trust is treated as owned by the
grantor or another person under sections 671 through 679) is
the person treated as the owner of the trust. The beneficial
owner of income paid to a foreign complex trust (a foreign
trust that is not a foreign simple trust or foreign grantor trust)
is the trust itself.
responsibility) and the QI knows that withholding was not
done by the person from which it received the payment, then
that QI is required to do the appropriate withholding. In
addition, withholding must be done by any QI that assumes
primary withholding responsibility under chapters 3 and 4, a
WP, a WT, a U.S. branch that agrees to be treated as a U.S.
person under Regulations section 1.1441-1(b)(2)(iv)(A), or
an authorized agent. Finally, if a payment is made by an NQI
or a flow-through entity that knows, or has reason to know,
that withholding was not done, that NQI or flow-through entity
is required to withhold since it also falls within the definition of
a withholding agent.
Account holder. Generally, the account holder is the person
that holds the account. See Regulations section 1.1471-5(a).
Amount realized. An amount realized on the transfer of a
PTP interest is the amount of gross proceeds (as defined in
Regulations section 1.6045-1(d)(5)) paid or credited to a
partner or broker (as applicable) that is a transferor of the
interest. The amount realized on a PTP distribution is the
amount of the distribution reduced by the portion of the
distribution that is attributable to the cumulative net income of
the partnership (as determined under Regulations section
1.1446(f)-4(c)(2)(iii)).
Amount subject to chapter 3 withholding. Generally, an
amount subject to chapter 3 withholding is an amount from
sources within the United States that is FDAP income. FDAP
The beneficial owner of income paid to a foreign estate is
the estate itself.
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Instructions for Form 1042-S (2024)
A payment to a U.S. partnership, U.S. trust, or U.S. estate
is not subject to withholding under chapter 3 or 4. A U.S.
partnership, trust, or estate should provide the withholding
agent with a Form W-9, Request for Taxpayer Identification
Number and Certification. In most cases, these beneficial
owner rules apply for purposes of section 1446; however,
there are exceptions.
1. Chapter 3 withholding rate pool. A payment of a single
type of income, determined in accordance with the income
codes used to file Form 1042-S, that is subject to a single
rate of withholding and a single chapter 4 exemption code.
foreign central bank of issue, a government of a U.S. territory,
certain retirement funds, and certain entities wholly owned by
one or more exempt beneficial owners. In addition, an exempt
beneficial owner includes any person treated as an exempt
beneficial owner under an applicable Model 1 IGA or Model 2
IGA.
Exempt recipient. An exempt recipient is any payee that is
exempt from the Form 1099 reporting requirements.
Exempt recipients are not exempt from withholding
under chapter 3 unless they are U.S. persons or
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CAUTION
foreign persons entitled to an exemption from
2. Chapter 4 withholding rate pool. A pool of account
holders or payees provided on an FFI withholding statement
(or a chapter 4 withholding statement) that is described in
Regulations section 1.1471-1(b)(20).
withholding under chapter 3.
Expatriate. A person is considered an expatriate if he or she
relinquishes U.S. citizenship or, in the case of a long-term
resident of the United States, ceases to be a lawful
permanent resident as defined in section 7701(b)(6).
Fiscally transparent entity. An entity is treated as fiscally
transparent with respect to an item of income for which treaty
benefits are claimed to the extent that the interest holders in
the entity must, on a current basis, take into account
Broker. A broker is a person described in Regulations
section 1.1446(f)-1(b)(1) when referenced in connection with
a transfer of a PTP interest.
Chapter 3. Chapter 3 (Withholding of Tax on Nonresident
Aliens and Foreign Corporations), excluding sections 1445
and 1446.
Disregarded entity. A business entity that has a single
owner and is not a corporation under Regulations section
301.7701-2(b) is disregarded as an entity separate from its
owner.
separately their shares of an item of income paid to the entity,
whether or not distributed, and must determine the character
of the items of income as if they were realized directly from
the sources from which realized by the entity. For example,
partnerships, common trust funds, and simple trusts or
grantor trusts in most cases are considered to be fiscally
transparent with respect to items of income received by them.
Flow-through entity. For chapter 3 purposes, a
flow-through entity is a foreign partnership (other than a WP),
a foreign simple or grantor trust (other than a WT), or, for any
payments for which a reduced rate of withholding under an
income tax treaty is claimed, any entity to the extent the entity
is considered to be fiscally transparent under section 894
with respect to the payment by an interest holder's
jurisdiction.
Financial institution. A financial institution generally means
an entity that is a depository institution, custodial institution,
investment entity, or an insurance company (or holding
company of an insurance company) that issues cash value
insurance or annuity contracts. See Regulations section
1.1471-5(e).
Foreign financial institution (FFI). An FFI is an entity
described in Regulations section 1.1471-5(d) or an entity
treated as a financial institution under an Intergovernmental
Agreement (IGA).
Deemed-compliant FFI. Under section 1471(b)(2),
certain FFIs are deemed to comply with the regulations under
chapter 4 without the need to enter into an FFI agreement
with the IRS. However, certain deemed-compliant FFIs are
required to register with the IRS and obtain a GIIN. These
FFIs are referred to as “registered deemed-compliant
FFIs.” See Regulations section 1.1471-5(f)(1). Registered
deemed-compliant FFIs also include certain FFIs that satisfy
the requirements of an applicable IGA.
Nonparticipating FFI. A nonparticipating FFI is an FFI
that is not a participating FFI, deemed-compliant FFI, or
exempt beneficial owner.
Participating FFI. A participating FFI is an FFI that has
agreed to comply with the terms of an FFI agreement with
respect to all branches of the FFI, other than a branch that is
a reporting Model 1 FFI or a U.S. branch. The term
“participating FFI” also includes a reporting Model 2 FFI and
Disclosing QI. For purposes of section 1446(a) or (f), a QI
that provides with its withholding statement the specific
payee documentation referenced in Regulations section
1.1446(f)-4(a)(7)(iii) (for an amount realized) or Regulations
section 1.1446-4(e)(4) (for withholding on a PTP distribution
under section 1446(a)) instead of the chapter 3 withholding
rate pool information otherwise permitted to be included on
the withholding statement. A QI that acts as a disclosing QI
for a payment must act as a disclosing QI for the entire
payment. See the 2023 QI agreement in Rev. Proc. 2022-43
for further information.
Dividend equivalent. To the extent specified in section
871(m) and the regulations thereunder, a dividend equivalent
is a payment (within the meaning of Regulations section
1.871-15(i)) that, directly or indirectly, is contingent on, or
determined by reference to, the payment of a dividend from
U.S. sources, including pursuant to a securities lending,
sale-repurchase transaction, a specified notional principal
contract, or a specified equity-linked instrument.
Certain other payments made by the withholding agent to
satisfy a tax liability with respect to a dividend equivalent by
the party receiving the dividend equivalent are dividend
equivalents. See Regulations section 1.871-15(c) for
additional information, including the definitions of specified
notional principal contract and specified equity-linked
instrument.
Any section 871(m) amount of a QDD is treated as a
information, including the definition of a section 871(m)
amount.
Exempt beneficial owner. An exempt beneficial owner
means a person that is described in Regulations section
1.1471-6 and includes a foreign government, a political
subdivision of a foreign government, a wholly owned
instrumentality or agency of a foreign government or
governments, an international organization, a wholly owned
agency or instrumentality of an international organization, a
6
Instructions for Form 1042-S (2024)
a QI branch of a U.S. financial institution, unless such branch
is a reporting Model 1 FFI.
test or the substantial presence test for the calendar year is a
resident alien. Any person not meeting either test is a
nonresident alien individual. Additionally, an alien individual
who is treated as a nonresident alien pursuant to Regulations
section 301.7701(b)-(7) for purposes of figuring out the
individual’s U.S. tax liability, or an alien individual who is a
bona fide resident of Puerto Rico, Guam, the Commonwealth
of the Northern Mariana Islands, the U.S. Virgin Islands, or
American Samoa is a nonresident alien individual. An
individual will not be treated as a U.S. person for a tax year or
any portion of a tax year that the individual is a dual-resident
taxpayer who is treated as a nonresident alien for purposes
Guide for Aliens, for more information on resident and
nonresident alien status.
Foreign person. A foreign person includes a nonresident
alien individual, a foreign corporation, a foreign partnership, a
foreign trust, a foreign estate, and any other person that is not
a U.S. person. The term also includes a foreign branch or
office of a U.S. financial institution or U.S. clearing
organization if the foreign branch is a QI. A payment to a U.S.
branch of a foreign person is treated as a payment to a
foreign person for purposes of Form 1042-S.
Global intermediary identification number (GIIN). The
GIIN is the identification number that is assigned to a
participating FFI (including a reporting Model 2 FFI),
registered deemed-compliant FFI (including a reporting
Model 1 FFI), or other entity for chapter 4 reporting purposes.
Intermediary. An intermediary is a person that acts as a
custodian, broker, or nominee, or otherwise as an agent for
another person, regardless of whether that other person is
the beneficial owner of the amount paid, a flow-through entity,
or another intermediary.
Even though a nonresident alien individual married to
a U.S. citizen or resident alien may choose to be
!
CAUTION
treated as a resident alien for certain purposes (for
example, filing a joint income tax return), such individual is
still treated as a nonresident alien for withholding tax
purposes.
Qualified intermediary (QI). A QI is an intermediary or
eligible entity that is a party to a withholding agreement with
the IRS. A QI that is a financial institution must have a
chapter 4 status described in Regulations section
1.1441-1(e)(5)(ii). An entity must indicate its status as a QI on
a Form W-8IMY submitted to a withholding agent.
Payee. Except as otherwise provided, the payee is the
person to whom a payment is made, regardless of whether
such person is the beneficial owner of the amount or treated
as the recipient of the payment for purposes of reporting on
Form 1042-S. See Regulations section 1.1471-3(a).
A branch of a financial institution may not act as a QI in a
country that does not have approved know-your-customer
(KYC) rules. Countries having approved KYC rules are listed
approved-kyc-rules. Branches that operate in non-KYC
approved jurisdictions as intermediaries are required to act
information.
Nonqualified intermediary (NQI). An NQI is any
intermediary that is not a U.S. person and that is not a QI.
Private arrangement intermediary (PAI). A QI that is an
FFI may enter into a contractual agreement with another
intermediary under which the other intermediary generally
agrees to perform all of the obligations of the QI with respect
to the accounts maintained directly by the other intermediary.
See the QI agreement for the requirements of a PAI and a
QI's agreement with a PAI.
Nonfinancial foreign entity (NFFE). An NFFE is a foreign
entity or an entity incorporated or organized under the laws of
any U.S. territory that is not a financial institution.
Excepted NFFE. The term “excepted NFFE” means an
NFFE that is described in Regulations section 1.1472-1(c)(1)
and generally includes a publicly traded corporation, certain
affiliated entities related to a publicly traded corporation,
certain territory entities, active NFFEs, and entities excluded
from the definition of FFI (excluded FFIs) described in
Regulations section 1.1471-5(e)(5).
Presumption rules. For withholdable payments and for
amounts subject to withholding under chapter 3, the
presumption rules are those rules that a withholding agent
must follow to determine the status of a beneficial owner or
payee (for example, as a U.S. person or a foreign person)
when it cannot reliably associate a payment with valid
documentation. See, for example, Regulations sections
1.1441-1(b)(3), 1.1441-4(a), 1.1441-5(d) and (e),
1.1441-9(b)(3), 1.1446-1(c)(3), and 1.6049-5(d). Also see
Pub. 515. See Regulations section 1.1446(f)-4(a)(2) and (b)
(2) for a broker's requirement to treat a transferor of a PTP
interest (or broker acting for the transferor) as a foreign
person for section 1446(f) purposes absent the broker's
receipt of a certification of non-foreign status. For a
withholdable payment (defined in Regulations section
1.1473-1(a)), the withholding agent must also follow the
presumption rules under Regulations sections 1.1471-3(f)
and, for an FFI, 1.1471-4(c)(4)(i) to determine the chapter 4
status of the payee when it cannot reliably associate a
payment with valid documentation.
Publicly traded partnership (PTP). A PTP is an entity that
has the same meaning as in section 7704 and Regulations
sections 1.7704-1 through 1.7704-4 but does not include a
PTP treated as a corporation under that section.
PTP distribution. A PTP distribution is a distribution made
by a PTP.
PTP interest. A PTP interest is an interest in a PTP if the
interest is publicly traded on an established securities market
or is readily tradable on a secondary market (or the
substantial equivalent thereof).
Qualified derivatives dealer (QDD). A QDD is a QI that is
an eligible entity that agrees to meet the requirements of
Regulations section 1.1441-1(e)(6)(i) and the QI agreement.
An eligible entity is defined in Regulations section
1.1441-1(e)(6)(ii).
Nominee. See Regulations section 1.1446-4(b)(3) and
nominee for a PTP distribution.
Nonexempt recipient. A nonexempt recipient is any person
who is not an exempt recipient under chapter 61.
Nonresident alien individual. Any individual who is not a
citizen or resident of the United States is a nonresident alien
individual. An alien individual meeting either the green card
7
Instructions for Form 1042-S (2024)
To act as a QDD, the home office or branch, as applicable,
must qualify and be approved for QDD status and must
represent itself as a QDD on its Form W-8IMY and separately
identify the home office or branch as the recipient on a
withholding statement (if required). Each home office or
branch that obtains QDD status is treated as a separate
QDD. See Regulations section 1.1441-1(e)(6) and Rev. Proc.
2022-43 for more information.
A U.S. branch that is not treated as a U.S. person unless
•
the income is, or is treated as, effectively connected with the
conduct of a trade or business in the United States.
For chapter 4 purposes, a recipient also includes any of
the following.
A recalcitrant account holder not included in a chapter 4
•
reporting pool.
A QI (other than a disclosing QI).
•
•
•
•
A WP or WT.
Qualified securities lender (QSL). A QSL is an FFI that
satisfies all of the following.
A PAI.
A participating FFI or a registered deemed-compliant FFI
It is a bank, custodian, broker-dealer, or clearing
•
that is an NQI, NWP, or NWT and provides chapter 4
organization that is regulated by the government in its home
jurisdiction and that regularly borrows and lends the
securities of U.S. corporations to unrelated customers.
withholding rate pool information to the extent permissible.
A participating FFI or deemed-compliant FFI that is the
•
beneficial owner, including a nonreporting FFI under a Model
1 or Model 2 IGA.
It is subject to audit by the IRS under section 7602 or by an
•
external auditor if it is a QI.
It provides to the withholding agent an annual certification
A U.S. branch or territory FI treated as a U.S. person under
•
•
Regulations section 1.1441-1(b)(2)(iv)(A).
An NFFE that is not a flow-through entity or acting as an
of its QSL status.
•
It meets the requirements to qualify as a QSL provided in
•
intermediary.
Notice 2010-46 for the transition period. See Notice 2010-46
agents to apply the transition rules described in Notice
2010-46 for payments made in 2023 and 2024.
A foreign partnership or a foreign trust (other than a WP or
•
WT), but only to the extent the income is effectively
connected with its conduct of a trade or business in the
United States.
A partner or beneficiary of a flow-through entity that is an
•
Recalcitrant account holder. Generally, a recalcitrant
account holder is an account holder of a participating or
registered deemed-compliant FFI that failed to provide the
documentation required under chapter 4 to determine the
account holder's status or to report the account as a U.S.
account. See Regulations section 1.1471-5(g).
NFFE (other than a WP or WT).
A nonparticipating FFI that is a beneficial owner.
•
•
An exempt beneficial owner that is not a flow-through entity
or acting as an intermediary.
In the case of a PTP distribution subject to
withholding under section 1446(a), if another
partnership or a trust (other than a grantor trust)
!
Recipient. For chapter 3 purposes (including sections 1445
CAUTION
and 1446), a recipient includes any of the following.
receives the distribution, the partnership or trust is the
recipient for chapter 3 purposes.
A beneficial owner of income.
A QI other than a disclosing QI.
A WP or WT.
•
•
•
•
For chapter 4 purposes, a recipient is generally the same
person that is a recipient for chapter 3 purposes.
Specified notional principal contract (SNPC). An SNPC
is any specified notional principal contract within the meaning
of Regulations section 1.871-15(d).
Specified U.S. person. A specified U.S. person is any U.S.
person other than a person identified in Regulations section
1.1473-1(c).
Substantial U.S. owner. A substantial U.S. owner is a
specified U.S. person described in Regulations section
1.1473-1(b). For purposes of filing this form, a reporting
Model 2 FFI reporting an account held by a passive NFFE
should substitute the term “controlling person that is a
specified U.S. person” for “substantial U.S. owner” and refer
to the applicable Model 2 IGA for the definition of controlling
person. A territory NFFE that is not an excepted NFFE
determines its substantial U.S. owners by applying the 10%
threshold in Regulations section 1.1473-1(b)(1).
Territory FI. A territory FI is a financial institution that is
incorporated or organized under the laws of any U.S. territory
and is not an investment entity. See Regulations section
1.1471-5(e)(1)(iii) for the definition of investment entity.
A U.S. branch that is treated as a U.S. person under
Regulations section 1.1441-1(b)(2)(iv)(A) or for section 1446
purposes.
A foreign partnership or a foreign trust (other than a WP or
•
WT), but only to the extent the income is effectively
connected with its conduct of a trade or business in the
United States (except as indicated below for a grantor trust).
A payee who is not known to be the beneficial owner, but
•
who is presumed to be a foreign person under the
presumption rules.
A PAI.
•
A partner receiving a distribution of ECI from a PTP or
•
nominee.
A QSL.
•
For chapter 3 purposes (including section 1445 and
1446), a recipient does not include any of the following.
An NQI or disclosing QI.
•
A nonwithholding foreign partnership (NWP), if the income
•
is not effectively connected with its conduct of a trade or
business in the United States.
A disregarded entity other than a hybrid entity claiming
•
treaty benefits.
A foreign trust that is described in section 651(a) (a foreign
•
simple trust) if the income is not effectively connected with
the conduct of a trade or business in the United States.
U.S. branch treated as a U.S. person. A U.S. branch may
agree to be treated as a U.S. person if it meets the
A foreign trust to the extent that all or a part of the trust is
•
requirements described in the regulations under chapter 3.
See Regulations section 1.1441-1(b)(2)(iv)(A). A U.S. branch
may also agree to be treated as a U.S. person for purposes of
a sale subject to section 1446(f) or for a PTP distribution.
treated as owned by the grantor or other person under
sections 671 through 679 (a foreign grantor trust).
8
Instructions for Form 1042-S (2024)
Additionally, a territory FI may agree to be treated as a U.S.
person for any of these purposes.
The U.S. branch or territory FI must provide a Form
W-8IMY evidencing that it is agreeing to be treated as a U.S.
person.
alien individual who is a resident of a country identified in
Rev. Proc. 2021-32, 2021-42 I.R.B. 465, available at
superseding revenue procedure that is effective as of
January 1, 2024). A payer may elect to report interest
described above paid to any nonresident alien individual by
reporting all such interest.
When completing Form 1042-S, use income code 29 in
box 1 and exemption code 02 in box 3a for chapter 3
purposes, and the applicable chapter 4 exemption code in
A U.S. branch that is treated as a U.S. person is
treated as such solely for purposes of determining
!
CAUTION
whether a payment is subject to withholding by the
branch. The branch is, for purposes of information reporting,
a foreign person, and payments to such a branch must be
reported on Form 1042-S.
Interest on deposits subject to chapter 4 withholding.
•
Interest on deposits from U.S. sources are withholdable
payments and, therefore, may be subject to withholding
under chapter 4. If payers withhold tax, they must report the
interest and tax on Form 1042-S.
Withholdable payment. A withholdable payment is
generally any payment of U.S. source FDAP income, subject
to certain exceptions. For exceptions and additional
1.1473-1(a).
Corporate distributions. The entire amount of a
•
corporate distribution (whether actual or deemed) must be
reported, regardless of any estimate of the part of the
distribution that represents a taxable dividend. Any
distribution, however, that is treated as gain from the
redemption of stock is not an amount subject to withholding.
For information on distributions from the disposition of a U.S.
real property interest paid by a publicly traded trust or a QIE,
Investment Entities, later.
Withholding certificate. The term “withholding certificate”
refers to Form W-8 or Form W-9 in most cases.
Note. Throughout these instructions, a reference to or
mention of “Form W-8” is a reference to Forms W-8BEN,
W-8BEN-E, W-8ECI, W-8EXP, and/or W-8IMY.
Withholding foreign partnership (WP) or withholding
foreign trust (WT). A WP or WT is a foreign partnership or
trust that has entered into a withholding agreement with the
IRS in which it agrees to assume primary withholding
responsibility for all payments that are made to it for its
partners, beneficiaries, or owners under chapter 3 (except for
sections 1445 and 1446(a) or (f)) and under chapter 4. For
information on these withholding agreements, see Rev. Proc.
Regulations section 1.1441-5.
Nonwithholding foreign partnership (NWP) or
nonwithholding foreign trust (NWT). An NWP or NWT is
any partnership or trust (other than a complex trust) that is
not a U.S. person and that is not a WP or WT.
Interest. Interest subject to reporting includes the part of a
•
notional principal contract payment that is characterized as
interest.
Rents.
•
•
•
Royalties.
Compensation for independent personal services
performed in the United States.
Compensation for dependent personal services
•
performed in the United States (but only if the beneficial
owner is claiming treaty benefits).
Annuities.
•
•
•
Pension distributions and other deferred income.
Most gambling winnings. Proceeds from a wager placed
Amounts Subject to Reporting on
Form 1042-S
in blackjack, baccarat, craps, roulette, or big-6 wheel are not
amounts subject to reporting.
Amounts subject to reporting on Form 1042-S are amounts
from U.S. sources paid to foreign persons (including persons
presumed to be foreign) or included in a U.S. payee pool that
are reportable under chapters 3 and 4, even if no amount is
deducted and withheld from the payment because of a treaty
or Internal Revenue Code exception to taxation or if any
amount withheld was repaid to the payee. Amounts subject to
reporting are amounts from sources within the United States
that constitute (a) FDAP income (including deposit interest);
(b) certain gains from the disposal of timber, coal, or
domestic iron ore with a retained economic interest; and (c)
gains relating to contingent payments received from the sale
or exchange of patents, copyrights, and similar intangible
property. A payment is also subject to reporting if withholding
under chapter 4 is applied (or required to be applied) to the
payment.
Cancellation of indebtedness. Agents must report
•
income from the cancellation of indebtedness unless the
withholding agent is unrelated to the debtor and does not
have knowledge of the facts that give rise to the payment.
Effectively connected income (ECI). ECI includes
•
amounts that are (or are presumed to be) effectively
connected with the conduct of a trade or business in the
United States even if no withholding certificate is required.
Note that bank deposit interest is subject to Form 1042-S
reporting if it is ECI or otherwise reportable on Form 1042-S
(see Interest on deposits paid to certain nonresident aliens in
this bullet list, earlier). ECI of a PTP distributed to a foreign
partner or an amount realized subject to reporting under
Regulations section 1.1461-1(c)(2)(i)(Q) must be reported on
Form 1042-S.
Notional principal contract income. Income from
•
notional principal contracts that the payer knows, or must
presume, is effectively connected with the conduct of a U.S.
trade or business is subject to reporting using income code
32. The amount to be reported is the amount of cash paid on
the contract during the calendar year. Any amount of interest
determined under the provisions of Regulations section
1.446-3(g)(4) (dealing with interest in the case of a significant
nonperiodic payment) is reportable as interest and not as
Amounts subject to reporting on Form 1042-S include, but
are not limited to, the following amounts to the extent they are
from U.S. sources.
Interest on deposits paid to certain nonresident
•
aliens. Withholding agents must report certain interest
described in section 871(i)(2)(A) aggregating $10 or more
paid with respect to a deposit maintained at an office within
the United States if such interest is paid to a nonresident
9
Instructions for Form 1042-S (2024)
notional principal contract income. See, however, the
separate reporting for dividend equivalents, later.
1. Substitute dividends that are dividend equivalents
(income code 34 or 53).
2. Dividend equivalents with respect to transactions that
are section 871(m) transactions as a result of combining
transactions under Regulations section 1.871-15(n) (income
code 56).
3. All other dividend equivalents (income code 40).
Note. In the case of a dividend equivalent, because the
dividend equivalent is determined on a gross basis, there
may be a payment for reporting purposes even when there is
no transfer of funds. See Regulations section 1.871-15(i).
Insurance premiums. Insurance premiums from U.S.
•
sources (regardless of whether or not the premium payments
are subject to the section 4371 excise tax) are withholdable
payments under chapter 4. If the payment is actually withheld
upon or should have been withheld upon (but the withholding
agent failed to withhold), such amount must be reported on
Form 1042-S. Insurance premiums from U.S. sources are
amounts subject to chapter 3 withholding (excluding amounts
subject to the section 4371 excise tax that must be reported
on Form 1042-S).
Guarantee of indebtedness. This includes amounts
•
REMIC excess inclusions. Excess inclusions from
•
paid, directly or indirectly, for the provision of a guarantee of
indebtedness issued after September 27, 2010. They must
be paid by a noncorporate resident or U.S. corporation or by
any foreign person if the amounts are effectively connected
with the conduct of a U.S. trade or business. Report these
amounts using income code 41.
REMICs (income code 02) and withheld tax must be reported
on Form 1042-S. A domestic partnership must separately
state a partner's allocable share of REMIC taxable income or
net loss and the excess inclusion amount on Schedule K-1
(Form 1065). If the partnership allocates all or some part of
its allocable share of REMIC taxable income to a foreign
partner, the partner must include the partner's allocated
amount in income as if that amount was received on the
earliest to occur of (1) the date of distribution by the
partnership, (2) the date the foreign partner disposes of its
indirect interest in the REMIC residual interest, or (3) the last
day of the partnership's tax year.
Specified federal procurement payments. Report
•
specified federal procurement payments subject to
withholding under section 5000C.
PTPs. Certain payments of ECI attributable to PTP
•
interests (described earlier) are subject to reporting on Form
The partnership must withhold tax on the part of the
REMIC amount that is an excess inclusion.
An excess inclusion allocated to the following foreign
persons must be included in that person's income at the
same time as other income from the entity is included in
income.
Amounts That Are Not Subject to
Reporting on Form 1042-S
Interest and OID from short-term obligations. Interest
and OID from any obligation payable 183 days or less from
the date of original issue are generally not required to be
reported on Form 1042-S. See, however, the reporting
requirements for deposit interest described in Interest on
deposits paid to certain nonresident aliens in the bullet list
Registered obligations targeted to foreign markets.
Interest on a registered obligation that is targeted to foreign
markets and that qualifies as portfolio interest is not subject
to reporting if it is paid to a registered owner that is a financial
institution or member of a clearing organization and you have
received the required certifications.
Shareholder of a real estate investment trust (REIT).
Shareholder of a regulated investment company (RIC).
Participant in a common trust fund.
•
•
•
•
•
Patron of a subchapter T cooperative organization.
Students, teachers, and researchers. Amounts paid to
foreign students, trainees, teachers, or researchers as
scholarship or fellowship income, and compensation for
personal services (whether or not exempt from tax under an
income tax treaty) must be reported. However, amounts that
are exempt from tax under section 117 are not subject to
reporting.
Amounts paid to foreign governments, foreign central
•
Reporting will be required on interest paid on any
banks of issue, and international organizations. These
amounts are subject to reporting even if they are exempt from
chapter 3 withholding under section 892 or 895.
registered obligation (regardless of whether targeted
!
CAUTION
to foreign markets) if the registered obligation is
issued after December 31, 2015.
Foreign targeted registered obligations. Interest paid
•
on registered obligations targeted to foreign markets paid by
a U.S. person to a foreign person other than a financial
institution or a member of a clearing organization is an
amount subject to reporting.
Bearer obligations targeted to foreign markets. Do not
file Form 1042-S to report interest not subject to withholding
on bearer obligations if a Form W-8 is not required.
Original issue discount (OID) from the redemption of
•
Withholding is required on interest paid on any
an OID obligation. The amount subject to reporting is the
amount of OID actually includible in the gross income of the
foreign beneficial owner of the income, if known. Otherwise,
the withholding agent should report the entire amount of OID
as if the recipient held the instrument from the date of original
(OID) Instruments.
bearer obligations targeted to foreign markets if the
!
CAUTION
obligation is issued after March 18, 2012. You must
file Form 1042-S to report this interest paid on an obligation
issued after that date.
Notional principal contract payments that are not ECI or
dividend equivalents. Do not report on Form 1042-S
amounts paid on a notional principal contract, other than an
SNPC, if the amounts are not effectively connected with the
conduct of a trade or business in the United States. All
amounts paid on an SNPC that are treated as dividend
equivalents should be reported as such on Form 1042-S.
Certain distributions attributable to dispositions of
•
Dividend equivalents. Dividend equivalents have been
•
divided into the following three income code reporting
categories.
10
Instructions for Form 1042-S (2024)
distributions may be included in the shareholder's gross
income as a dividend (income code 06) from the QIE, not as
long-term capital gain.
In addition, a qualified foreign pension fund or an entity all
of the interests of which are held by a qualified foreign
pension fund is generally not subject to the look-through rule
for distributions by QIEs for purposes of section 897(h).
Accrued interest and OID. Interest paid on obligations sold
between interest payment dates and the part of the purchase
price of an OID obligation that is sold or exchanged in a
transaction other than a redemption is not subject to
reporting unless the sale or exchange is part of a plan, the
principal purpose of which is to avoid tax, and the withholding
agent has actual knowledge or reason to know of such plan.
Use Forms 1042-S and 1042 to report and pay over the
withheld amounts. All other withholding required under
section 1445 is reported and paid over using Form 8288, U.S.
Withholding Tax Return for Certain Dispositions by Foreign
Persons, and Form 8288-A.
For more information on reporting income from real
515.
Certain withholdable payments. Withholdable payments
not subject to reporting for chapter 3 purposes (other than
bank deposit interest paid to certain nonresident aliens) are
not required to be reported if withholding is not applied (or
required to be applied) under chapter 4.
Certain amounts realized. An amount realized that is
excepted from withholding under Regulations section
1.1446(f)-4(b)(3) (less than 10% effectively connected gain
by partnership).
Publicly Traded Partnerships
(Sections 1446(a) and (f) Withholding
Tax)
Distributions Attributable to
Dispositions of U.S. Real Property
Interests by Publicly Traded Trusts
and Qualified Investment Entities
Although a PTP is a withholding agent for a distribution it
makes to its partners, an entity receiving the distribution and
acting as a nominee for the distribution is also treated as a
withholding agent for the distribution and is required to
withhold and report on Form 1042-S with respect to the
amounts subject to withholding attributable to the distribution
paid to foreign partners of the PTP. A nominee for this
purpose is a person holding a PTP interest on behalf of a
foreign person and that is a domestic person, a U.S. branch
of a foreign corporation treated as a U.S. person for the
distribution, or a QI assuming primary withholding
Publicly traded trusts. In general, when a publicly traded
trust makes a distribution to a foreign person attributable to
the disposition of a U.S. real property interest, it must
withhold tax under section 1445. However, this withholding
liability is shifted to the person who pays the distribution to a
foreign person (or to the account of the foreign person) if the
special notice requirement of Regulations section 1.1445-8(f)
and other requirements of Regulations section 1.1445-8(b)(1)
are satisfied.
responsibility for the distribution. See Regulations section
1.1446-4(b)(3). If you are the nominee for a PTP distribution,
enter the PTP's name and other required information in boxes
16a through 16e with respect to the PTP on a Form 1042-S to
report the amount of a distribution subject to section 1446(a)
(income code 27), to report an amount realized on the
distribution under section 1446(f) (income code 57), or when
income code 58 applies to the distribution (for income not
determinable by the nominee on the distribution), including
when the 30% withholding rate under chapter 3 applies under
regulations section 1.1446-4(d). For a payment reported with
income code 27 or 57, or income code 58 when withholding
is at the rate under section 1446(a), report chapter 4
exemption code 14 (effectively connected income). If
withholding is instead applied at a 30% rate on a payment
reported with income code 58, report chapter 4 exemption
code 21 (other payment not subject to chapter 4 withholding).
See Regulations section 1.1446-4(d)(1). For income
attributable to the distribution that is subject to withholding
under chapter 3 or 4, report using the income code that
would otherwise apply to report the payment to the recipient
on a Form 1042-S for the year. Thus, unlike for other
payments described in this paragraph, you need not
associate the income subject to chapter 3 or 4 withholding
with the PTP making the distribution for purposes of reporting
on an additional Form 1042-S. These reporting requirements
apply to a PTP distribution paid to a QI except that you need
not associate any income attributable to a PTP distribution
with the PTP making the distribution for reporting on Form
1042-S when you report in reporting pools to a QI to which
you pay the distribution.
The amount subject to withholding for a distribution by a
publicly traded trust is determined under the rules of
Regulations section 1.1445-5(c)(3).
Qualified investment entities (QIEs). Special rules apply
to QIEs. A QIE is one of the following.
A REIT.
•
A RIC that is treated as a U.S. real property holding
•
corporation (after applying certain rules in section 897(h)(4)
(A)(ii)).
Look-through rule for QIEs. In most cases, any distribution
from a QIE to a nonresident alien, foreign corporation, or
other QIE that is attributable to the QIE’s gain from the sale or
exchange of a U.S. real property interest is treated as gain
recognized by the nonresident alien, foreign corporation, or
other QIE from the sale or exchange of a U.S. real property
interest.
A distribution by a QIE to a nonresident alien or foreign
corporation that is treated as gain from the sale or exchange
of a U.S. real property interest by the shareholder is subject
to withholding at 21%.
Certain exceptions apply to the look-through rule for
distributions by QIEs. Any distribution by a QIE with respect
to stock regularly traded on an established securities market
in the United States is not treated as gain from the sale or
exchange of a U.S. real property interest if the shareholder
did not own more than 5% of that stock (or 10% of that stock
in the case of REITs) at any time during the 1-year period
ending on the date of the distribution. A distribution by a REIT
is generally not treated as gain from the sale or exchange of a
U.S. real property interest if the shareholder is a qualified
shareholder (as described in section 897(k)(3)). These
11
Instructions for Form 1042-S (2024)
As a result of the above reporting for PTP
Chapter 4 withholding. For purposes of chapter 4, a
withholding agent must withhold 30% of a withholdable
payment (defined earlier) made to an FFI that is or is
also applies to withholdable payments made to certain
NFFEs that fail to identify their substantial U.S. owners (or to
certify that they have none) under Regulations section
1.1472-1(b). For more information, see Chapter 4
Responsibilities under Responsibilities of a Withholding
distributions, in certain cases a nominee may need to
issue several Forms 1042-S with respect to a foreign
TIP
partner based on the income codes associated with PTP
distributions paid to the partner during the year and (in
certain cases) the PTP making the distribution.
For purposes of section 1446(f), a broker is generally
required to report on Form 1042-S an amount realized from
the transfer of a PTP interest that is paid to a foreign partner
that is the transferor of the interest or to an NQI (other than
when the broker agrees to report the NQI's account holders
on Form 1042-S), a QI (other than a disclosing QI), or U.S.
branch or territory financial institution that is treated as a U.S.
person for the payment. A broker should report the aggregate
of the amounts realized from sales of PTP interests paid to
each of these recipients using income code 57 and chapter 4
exemption code 14 (effectively connected income). For the
reporting of amounts attributable to PTP distributions
(including distributions subject to section 1446(f)
A payment will be subject to withholding under either
chapter 3 or chapter 4 but not both. If the payment is of an
amount subject to both chapter 3 and chapter 4 withholding,
chapter 4 withholding takes precedence.
Before Completing Form 1042-S
You must complete the following steps before completing
Form 1042-S.
withholding), see boxes 16a through 16e, later. For further
information on reporting of amounts realized and PTP
distributions paid to QIs, see Payment to QI of PTP
Step 1. Determine if you have a Form 1042-S filing
obligation. If you make a payment described under Amounts
Subject to Reporting on Form 1042-S, earlier, you are
required to file Form 1042-S for that payment. Note that you
may have a Form 1042-S reporting obligation even if
withholding is not required.
distributions or amounts realized, later. For further
information on reporting of amounts realized and PTP
distributions paid to nonqualified intermediaries, see
realized and PTP distributions, later. For when an amount
realized is reportable on Form 1042-S for section 1446(f)
purposes, see Regulations section 1.1461-1(c)(2)(i).
Step 2. Determine whether the payment is:
A “withholdable payment” under chapter 4,
•
•
•
An “amount subject to withholding under chapter 3,”
Both a withholdable payment and an amount subject to
In a case in which a partner that is a U.S. person was
withholding under chapter 3, or
treated as a foreign partner for purposes of
TIP
Neither a withholdable payment nor an amount subject to
•
withholding under section 1446(a) or (f) (including an
withholding under chapter 3.
allocation of a payment to the person made on a withholding
statement), a Form 1042-S may be used to report the
payment (and withholding) with respect to the U.S. person.
The applicable Form 1099 must also be furnished when
otherwise required of the withholding agent with respect to
the payment but should not report the withholding that was
applied under section 1446(a) or (f). For reporting
requirements for Form 1099, see the General Instructions for
Certain Information Returns.
Be sure to carefully read through the exceptions to
“withholdable payment” and the exemptions from withholding
or taxation provided under chapter 3 that are included in Pub.
515. Note that reporting and withholding are done either
under chapter 3 or chapter 4, not both. However, even if
reporting is done under chapter 3, you may be required to
provide certain chapter 4 information.
Step 3. Determine the chapter indicator to be entered in
box 3. The chapter indicator is generally based on whether
amounts were withheld (or paid by the withholding agent)
under chapter 3 or chapter 4. For example, if the payment is a
withholdable payment and it is subject to chapter 4
in box 3. If no withholding was required on the payment, enter
“3” in box 3. For additional information, see the instructions
Partnerships (other than PTPs) that have effectively
connected gross income allocable to foreign partners must
file Form 8804, Annual Return for Partnership Withholding
Tax (Section 1446). If these partnerships have effectively
connected taxable income allocable to foreign partners, they
must also pay a withholding tax under section 1446 and
report these amounts on Form 8804 and the partners'
allocable shares of these amounts on Form 8805.
Note. You must always complete boxes 4a (chapter 4
exemption code) and 4b (chapter 4 withholding tax rate)
regardless of the chapter indicator entered in box 3.
Requirement To Withhold
Chapter 3 withholding. For purposes of sections 1441 and
1442, a withholding agent must withhold 30% of any payment
above) made to a payee that is a foreign person (or is
presumed to be a foreign person) unless it can associate the
payment with documentation to treat the payment as made to
a foreign person entitled to a reduced rate of or exemption
from withholding. For more information, see Chapter 3
Responsibilities under Responsibilities of a Withholding
Note. If a payment is a withholdable payment under
chapter 4, you must complete boxes 4a (chapter 4 exemption
code), 4b (chapter 4 withholding tax rate), and 13g (recipient
chapter 4 status code), even if the payment is properly
classified with a chapter 3 indicator in box 3.
Be sure to complete a separate Form 1042-S for:
Each recipient of income,
•
•
Each income type paid to the same recipient, and
12
Instructions for Form 1042-S (2024)
Each amount to which a separate tax rate was applied (if
(chapter 3 exemption code), “30.00” in box 3b (chapter 3 tax
rate), “15” in box 4a (payee not subject to chapter 4
withholding), “00.00” in box 4b (chapter 4 tax rate), “16” in
box 13f (individual), and “23” in box 13g (individual).
•
you withheld at more than one tax rate for a specific type of
income that you paid to the same recipient).
Payments by U.S. Withholding Agents
In general. U.S. withholding agents making payments
described under Amounts Subject to Reporting on Form
1042-S, earlier, must file a separate Form 1042-S for each
recipient who receives the income. Furthermore, withholding
agents are not permitted to report multiple types of income
on a single Form 1042-S (or substitute Form 1042-S)
furnished to a recipient or on Copy A filed with the IRS. These
filers must use a separate Form 1042-S (or substitute form)
for information reportable on a single type of income.
Example 1 fact pattern, including a step-by-step
TIP
guide on how to complete Form 1042-S in its entirety.
A U.S. withholding agent making a payment directly to a
foreign partner in a PTP and that is either acting as a
nominee for a PTP distribution subject to withholding under
section 1446(a) or as a broker paying an amount realized
subject to reporting on Form 1042-S for section 1446(f)
purposes must complete a Form 1042-S and treat the partner
as a recipient. Thus, the withholding agent must treat a
foreign upper-tier partnership in the PTP or a foreign simple
trust as a recipient for reporting of these payments on Form
1042-S. With respect to an upper-tier partnership, the
reporting described in the preceding sentence applies
regardless of whether the withholding agent determines its
withholding on the payment based on the statuses of the
partners in the upper-tier partnership (when permitted under
applicable regulations to section 1446(a) or (f) for
later, if the payment is made to a foreign person that is not a
recipient.
Payments to Recipients
Payments directly to beneficial owners or partners. A
U.S. withholding agent making a payment subject to
withholding under chapter 3 or 4 directly to a beneficial owner
must complete Form 1042-S and treat the beneficial owner
as the recipient. Boxes 15a through 15i should be left blank.
The Form 1042-S must also include the appropriate
chapter 3 and chapter 4 exemption codes, if applicable, in
boxes 3a and 4a, as well as the appropriate recipient codes
for the chapter 3 and chapter 4 status codes for a payment
that is a withholdable payment and an amount subject to
chapter 3 withholding. A U.S. withholding agent should
complete boxes 16a through 16e only if it is completing Form
1042-S as a paying agent acting pursuant to an agreement to
act as an authorized agent for filing and reporting Forms
1042 and 1042-S.
In the case of foreign joint owners, you may provide a
single Form 1042-S made out to the owner whose status you
relied upon to determine the applicable rate of withholding
(the owner subject to the highest rate of withholding). If,
however, any one of the owners requests its own Form
1042-S, you must furnish a Form 1042-S to the person who
requests it. If the request is made after a Form 1042-S was
filed reporting the payment and tax withheld to only one of
the joint owners, you should amend the originally filed Form
1042-S to allocate the payment and tax withheld among the
joint owners accordingly and provide copies of the amended
forms to each recipient. If more than one Form 1042-S is
issued for a single payment, the aggregate amount paid and
tax withheld that is reported on all Forms 1042-S cannot
exceed the total amounts paid to joint owners and the tax
withheld on those payments. In any event, each Form 1042-S
can only include the recipient information (boxes 13a through
13d) for one of the beneficial owners. Form 1042-S must not
be completed with more than one of the joint owners as the
recipient.
determining the rate of withholding).
Payments to a QI (including a QDD), WP, or WT under
chapter 3 or 4. A U.S. withholding agent that makes
payments to a QI subject to withholding under chapter 3 or 4
(whether or not the QI assumes primary withholding
responsibility), a QI acting as a QDD with respect to a
payment, a WP, or a WT should complete Form 1042-S in
most cases, treating the QI, QDD, WP, or WT as the recipient.
If a payment is being made to a QI that is acting as a QDD
with respect to the payment, a U.S. withholding agent should
report the QDD as the recipient showing the QDD as the
recipient in box 13a (identifying the QDD by the name used
for the QDD on the Form W-8IMY it provides, which should
include a branch identifier, if applicable) and using recipient
code 35 (qualified derivatives dealer) as the chapter 3 status
nonexempt recipients, later, for exceptions.
A QI that does not assume primary withholding
responsibility for chapters 3 and 4 purposes is required to
provide information regarding the allocations of income
subject to a particular withholding rate to the withholding
agent on the withholding statement associated with its Form
W-8IMY. In such a case, the U.S. withholding agent must
complete a separate Form 1042-S for each withholding rate
pool associated with the QI. For purposes of chapter 4, a QI
may provide a single pool of recalcitrant account holders
(rather than separate pools for each class). In such a case,
the withholding agent may use chapter 4 pooled reporting
code 49 (QI-Recalcitrant Pool-General). A QI that assumes
primary withholding responsibility, a WP, or a WT is not
required to provide withholding rate pool information to a
withholding agent but will report such information directly to
the IRS.
A U.S. withholding agent making a withholdable payment
to an FFI that is a QI (that assumes primary withholding
responsibility and is not acting as a QDD with respect to the
payment), a WP, or a WT must use recipient code 12
(qualified intermediary), 09 (withholding foreign partnership),
or 11 (withholding foreign trust) as the chapter 3 status code
and must use recipient code 05 (participating FFI - other), 06
(participating FFI - reporting Model 2 FFI), 07 (registered
deemed-compliant FFI - reporting Model 1 FFI), 09
In the case of joint owners, Form 1042-S can only list
one of the owners as the recipient in box 13a. Form
!
CAUTION
1042-S must not be completed with more than one of
the joint owners as the recipient.
Example 1. WA, a U.S. withholding agent, makes a
withholdable payment of U.S. source dividends to A, a
foreign individual from whom it has received a Form W-8BEN
and who is not eligible for a reduced rate of chapter 3
withholding under a treaty. WA must file a Form 1042-S for A,
enter “3” in box 3,“06” in box 1 (income code), “00” in box 3a
13
Instructions for Form 1042-S (2024)
(registered deemed-compliant FFI - other) for an FFI treated
as deemed-compliant under an IGA, 31 (nonreporting IGA
FFI), or, for a payment to a QI, 27 (exempt beneficial owner)
as the chapter 4 status code. A U.S. withholding agent must
use chapter 4 recipient code 48 (U.S. Payees Pool) when
reporting a reportable amount allocated to a chapter 4
withholding rate pool of U.S. payees of a QI and report the
chapter 3 recipient code 12 (qualified intermediary). A U.S.
withholding agent must not use any chapter 3 pooled
reporting code (codes 27 through 32) as such codes are only
to be used by a withholding agent that is a QI, WP, or WT.
boxes 13f and 13g, later. Use of an inappropriate recipient
code may cause a notice to be generated.
recipient code 05 (participating FFI-other) as the chapter 4
status code. WA must also complete a Form 1042-S for the
dividends allocated to the chapter 4, 30% withholding rate
pool, showing “4” in box 3, chapter 3 exemption code 12
(payee subjected to chapter 4 withholding) in box 3a, “00.00”
in box 3b (chapter 3 tax rate), “00” in box 4a (chapter 4
exemption code), and “30.00” in box 4b with QI as the
recipient in box 13a, and recipient code 12 (qualified
intermediary) as the chapter 3 status code, and recipient
code 49 (QI-Recalcitrant Pool-General) as the chapter 4
status code.
Payments allocated by QIs, or presumed made, to U.S.
nonexempt recipients. A QI may provide Forms W-9 or
other information regarding U.S. nonexempt recipients that
the QI (or other entity maintaining the account) is required to
report under chapter 61 and for which the QI does not
assume primary Form 1099 reporting responsibility. A QI may
also provide information regarding U.S. nonexempt recipients
on whom the QI elects to backup withhold under section
3406 instead of withholding under chapter 4 on payments
made to an account holder. If Forms W-9 or other information
is provided together with information allocating all or a part of
the payment to U.S. nonexempt recipients, you must report
income allocable to the U.S. nonexempt recipients on the
appropriate Form 1099 and not on Form 1042-S even though
you are paying that income to a QI. The QI may also provide
information regarding U.S. nonexempt recipients in a
chapter 4 withholding rate pool that the withholding agent
must report on Form 1042-S.
A QI is generally required to act in such capacity only
for designated accounts for purposes of chapters 3,
!
CAUTION
4, and 61. Therefore, such an entity may also provide
a Form W-8IMY in which it certifies that it is acting as an NQI
for other accounts and, if it is an FFI that is receiving a
withholdable payment, that it is a participating FFI, registered
deemed-compliant FFI, or FFI treated as deemed-compliant
under an IGA. A U.S. withholding agent that receives a Form
W-8IMY on which the foreign person providing the form
indicates that it is not acting as a QI may not treat the foreign
person as a recipient except as otherwise provided in these
instructions. A withholding agent must not use the EIN that a
QI provides in its capacity as such to report payments that
are treated as made to an entity in its capacity as an NQI. In
that case, use the GIIN, if any, and EIN that is provided by the
entity on its Form W-8IMY in which it claims that it is acting as
an NQI or flow-through entity.
You may also be required under the presumption rules to
treat a payment made to a QI as made to a payee that is a
U.S. nonexempt recipient from which you must withhold on
the payment under the backup withholding provisions. In this
case, you must report the payment on the appropriate Form
1099. See the General Instructions for Certain Information
Example 3. WA, a U.S. withholding agent, makes a
withholdable payment of U.S. source dividends to QI, a
qualified intermediary and registered deemed-compliant FFI
that is a local FFI described in Regulations section
Note. A withholding agent is required to use chapter 4
reporting pool codes as the chapter 4 status code in the case
of withholdable payments made to:
A QI that does not assume primary withholding
•
responsibility;
A participating FFI or registered deemed-compliant FFI
•
that is an NQI, NWP, or NWT; or
An NQI, NWP, or NWT (other than a nonparticipating FFI)
•
1.1471-5(f)(1)(i)(A). QI provides WA with a valid Form
W-8IMY certifying that it is transmitting Forms W-9 for U.S.
nonexempt recipients and with which it associates a
withholding statement that allocates 95% of the payment to a
chapter 3, 15% withholding rate pool with a single chapter 4
exemption code, and 5% of the payment to C, a U.S.
individual. QI also provides WA with C's Form W-9. C is a
direct account holder of QI and a U.S. citizen that is a
resident of QI's local jurisdiction that QI is not required to
report under chapter 4 (see Regulations section 1.1471-5(f)
(1)(i)(A)) and thus cannot be included in a chapter 4
withholding rate pool of U.S. payees. See Regulations
section 1.6049-4(c)(4). WA must complete a Form 1042-S,
showing QI as the recipient in box 13a, and WA should use
recipient code 12 (qualified intermediary) as the chapter 3
status code and recipient code 09 (registered
that provides a pool of nonparticipating FFIs,
if the QI, NQI, NWP, or NWT provides chapter 4 withholding
rate pool information in the withholding statement associated
presumption rules under Regulations section 1.1471-3(f)
when such information is not provided for a withholdable
payment made to an entity.
Example 2. WA, a U.S. withholding agent, makes a
withholdable payment of U.S. source dividends to QI, a
qualified intermediary that does not assume primary chapters
3 and 4 withholding responsibility and that is a participating
FFI. QI provides WA with a valid Form W-8IMY with which it
associates a withholding statement that allocates 95% of the
payment to a chapter 3, 15% withholding rate pool with a
single chapter 4 exemption code, and 5% of the payment to a
chapter 4, 30% withholding rate pool of recalcitrant account
holders. WA must complete a Form 1042-S for the dividends
allocated to the chapter 3, 15% withholding rate pool,
showing “3” in box 3, “00” in box 3a (chapter 3 exemption
code), “15.00” in box 3b (chapter 3 tax rate), chapter 4
exemption code 15 (payee not subject to chapter 4
deemed-compliant FFI – other) as the chapter 4 status code
for the dividends allocated to the 15% withholding rate pool.
WA must also complete a Form 1099-DIV issued to C
reporting the part of the dividend allocated to C.
Example 4. WA, a withholding agent, makes a
withholdable payment of U.S. source dividends to QI, a
qualified intermediary that is a reporting Model 1 FFI. QI
provides WA with a valid Form W-8IMY with which it
associates a withholding statement that allocates 40% of the
payment to a chapter 3, 15% withholding rate pool and 40%
withholding) in box 4a, “00.00” in box 4b (chapter 4 tax rate),
and QI as the recipient in box 13a along with recipient code
12 (qualified intermediary) as the chapter 3 status code, and
14
Instructions for Form 1042-S (2024)
to a chapter 3, 30% withholding rate pool. QI does not
provide any withholding rate pool information regarding the
remaining 20% of the payment. WA must apply the
Although a payment to a disclosing QI is reported as
made to a specified account holder of the QI (as the
recipient), a U.S. withholding agent is required to
TIP
presumption rule to the part of the payment (20%) that has
not been allocated. Under the presumption rules of
provide a recipient copy of the Form 1042-S to the disclosing
QI maintaining the direct account for the partner in the PTP
(in addition to the recipient copy issued to the account holder
of the QI receiving the payment).
Regulations section 1.1471-3(f) for a withholdable payment
made to an entity, 20% of the payment is treated as paid to a
nonparticipating FFI. WA must complete three Forms 1042-S.
First, a Form 1042-S for dividends subject to 15%
Substitute dividends paid to qualified securities lenders
(QSLs). A withholding agent that makes payments of
substitute dividends to a QSL should complete Form 1042-S
treating the QSL as the recipient. Use income code 34 or 53.
Use recipient code 13 or 14 (qualified securities lender –
qualified intermediary or qualified securities lender – other)
as the chapter 3 status code and include the applicable
chapter 4 status code of the QSL.
withholding, showing “3” in box 3, “00” in box 3a (chapter 3
exemption code), “15.00” in box 3b (chapter 3 tax rate),
chapter 4 exemption code 15 (payee not subject to chapter 4
withholding) in box 4a, “00.00” in box 4b (chapter 4 tax rate),
QI as the recipient in box 13a, recipient code 12 (qualified
intermediary) as the chapter 3 status code, and recipient
code 07 (registered deemed-compliant FFI-reporting Model 1
FFI) as the chapter 4 status code (because the payment is a
withholdable payment). Second, a Form 1042-S for dividends
subject to 30% withholding, showing “3” in box 3, “00” in
box 3a (chapter 3 exemption code), “30.00” in box 3b
(chapter 3 tax rate), chapter 4 exemption code 15 (payee not
subject to chapter 4 withholding) in box 4a, “00.00” in box 4b
(chapter 4 tax rate), QI as the recipient in box 13a, recipient
code 12 (qualified intermediary) as the chapter 3 status code,
and recipient code 07 (registered deemed-compliant FFI –
reporting Model 1 FFI) as the chapter 4 status code. Third, a
Form 1042-S for dividends subject to 30% withholding,
showing “4” in box 3, chapter 3 exemption code 12 (payee
subjected to chapter 4 withholding) in box 3a, “00.00” in
box 3b (chapter 3 tax rate), “00” in box 4a (chapter 4
exemption code), “30.00” in box 4b (chapter 4 tax rate),
“Unknown Recipient” as the recipient name in box 13a,
recipient code 21 (unknown recipient) as the chapter 3 status
code, and recipient code 29 (unknown recipient) as the
chapter 4 status code. Also, QI's name, status codes, country
code, address, GIIN, and QI-EIN must be entered in boxes
15a through 15i.
The withholding agent is not required to withhold on a
substitute dividend payment if it receives, at least annually, a
certificate from the QSL that includes a statement with the
following information.
The recipient of the substitute dividend is a QSL.
•
With respect to the substitute dividend it receives from the
•
withholding agent, the QSL states that it will withhold and
remit or pay the proper amount of U.S. gross-basis tax.
If the withholding agent receives a certificate from the QSL
that includes a statement that contains the above information,
use chapter 3 exemption code 11.
If the QSL is also a QI with primary withholding
responsibility, use chapter 3 exemption code 11 and not
exemption code 06 for chapter 3 purposes.
Amounts paid to certain U.S. branches or territory FIs.
A U.S. withholding agent making a payment to a U.S. branch
of an FFI or NFFE completes Form 1042-S as follows.
If a withholding agent makes a payment to a U.S. branch
•
that has provided the withholding agent with a Form W-8IMY
stating that it has agreed to be treated as a U.S. person, the
U.S. withholding agent treats the U.S. branch as the recipient
using chapter 3 recipient code 05 (U.S. branch - treated as a
U.S. person) and chapter 4 recipient code 17 (U.S. branch -
treated as a U.S. person).
Payment to QI of PTP distributions or amounts realized.
A U.S. withholding agent making a payment to a QI that is
subject to withholding on a PTP distribution or an amount
realized subject to reporting for section 1446(f) purposes
should generally treat the QI as the recipient and report as
described directly above for a U.S. withholding agent making
payments to a QI for chapters 3 and 4 purposes (including
when the QI does not assume primary withholding
If a withholding agent makes a payment to a U.S. branch
•
that has provided a Form W-8IMY to transmit information
regarding its chapter 4 reporting pools when the payment is a
withholdable payment or the branch provides a chapter 4
withholding rate pool of U.S. payees and, to the extent
applicable, recipient specific information for chapter 3
purposes, the U.S. withholding agent must complete a
separate Form 1042-S for each chapter 4 reporting pool
treating the U.S. branch as the recipient or, for chapter 3
purposes, for each recipient that is a foreign person whose
documentation is associated with the U.S. branch's Form
W-8IMY. If a payment cannot be reliably associated with
recipient documentation, the U.S. withholding agent must
complete Form 1042-S in accordance with the presumption
rules. If a U.S. branch not treated as a U.S. person fails to
certify that it will meet the requirements under Regulations
section 1.1471-4(d)(2)(iii)(C), a withholding agent must
report the branch as a nonparticipating FFI.
responsibly and provides withholding rate pool information).
In a case of a QI acting as a disclosing QI for a payment of a
PTP distribution or an amount realized subject to reporting
under section 1446(f), however, a U. S. withholding agent
should report the account holder of the QI as the recipient
and the QI as a disclosing QI (using chapter 3 status code 39
and reporting the QI's information in boxes 15a through 15i,
including its QI-EIN). In a case in which a U.S withholding
agent makes a payment of a PTP distribution or amount
realized through multiple QIs acting as disclosing QIs, the
withholding agent should report in boxes 15a through 15i with
respect to the disclosing QI maintaining a direct account for
the partner in the PTP. For payments of PTP distributions
made to a QI, the U.S. withholding agent should report these
payments with respect to the PTP making the distribution to
earlier.
If a withholding agent cannot reliably associate a payment
•
with a Form W-8IMY from a U.S. branch, and if a withholding
agent has an EIN for the branch, then the payment may be
reported on a single Form 1042-S treating the U.S. branch as
the recipient and reporting the income as ECI.
If a withholding agent makes a payment to a territory FI
•
acting as an intermediary or that is a flow-through entity, the
15
Instructions for Form 1042-S (2024)
withholding agent should report on Form 1042-S using the
chapter 3 status codes for payments to U.S. branches (with
the code used depending on whether the territory FI agrees
to be treated as a U.S. person). If the territory FI agrees to be
treated as a U.S. person, the withholding agent should
similarly use the chapter 3 exemption code for a U.S. branch
treated as a U.S. person. For chapter 4 purposes, the
withholding agent should use the applicable chapter 4 status
code for a territory FI (with the code used depending on
whether the territory FI agrees to be treated as a U.S.
person). In any case in which a payment is made to a territory
FI described in this paragraph, the withholding agent should
report the applicable territory in which the FI is resident for
purposes of box 13b (recipient's country code).
recipient. The result would be the same if LLC was a
domestic entity.
A disregarded entity can, however, claim to be the
beneficial owner of a payment if it is a hybrid entity claiming
more information. If a disregarded entity claims on a valid
Form W-8BEN-E to be the beneficial owner, the U.S.
withholding agent must complete a Form 1042-S treating the
disregarded entity as a recipient and using recipient code 26
(hybrid entity making treaty claim) as the chapter 3 status
code and the applicable recipient code for the chapter 4
status code of the single owner when the payment is a
withholdable payment and chapter 4 withholding does not
apply.
Amounts paid to a foreign estate. If a U.S. withholding
agent makes a payment to a foreign estate, a Form 1042-S
must be completed showing the estate as the recipient. Use
recipient code 17 (estate) as the chapter 3 status code and
the applicable recipient code for the chapter 4 status code.
A hybrid entity with multiple owners may also claim treaty
information on documentation requirements that apply in
such cases. If a hybrid entity treated as a resident of a treaty
country claims treaty benefits on a valid Form W-8BEN-E
associated with a withholdable payment (and chapter 4
withholding does not apply with respect to any of its owners
to such payment or portion of such payment), the U.S.
withholding agent should complete a Form 1042-S treating
the hybrid entity as a recipient, use code 26 (hybrid entity
making treaty claim) as the chapter 3 recipient status code,
and leave blank the chapter 4 recipient status code. To the
extent, however, that a portion of a withholdable payment is
allocated to an owner of the hybrid entity for which chapter 4
withholding must be applied, the U.S. withholding agent must
issue a separate Form 1042-S to such owner using the
applicable recipient codes for the owner's chapters 3 and 4
status codes and report the hybrid entity as the intermediary.
The withholding agent must do so for each such owner for
which chapter 4 withholding applies and must exclude
amounts allocable to such owners from the Form 1042-S
issued to the hybrid entity.
Dual claims. A U.S. withholding agent may make a payment
to a foreign entity (for example, a hybrid entity) that is
simultaneously claiming an exemption from chapter 4
withholding and a reduced rate of tax under chapter 3 on its
own behalf for a part of the payment and an exemption from
chapter 4 withholding and a reduced rate of tax under
chapter 3 on behalf of persons in their capacity as interest
holders in that entity on the remaining part. If the claims are
consistent and the withholding agent has accepted the
multiple claims, a separate Form 1042-S must be filed for the
entity for those payments for which the entity is treated as
claiming a reduced rate of withholding, and separate Forms
1042-S must be filed for each of the interest holders for those
payments for which the interest holders are claiming a
reduced rate of withholding. The Forms 1042-S must include
the chapter 4 status of the payee (including the applicable
chapter 4 exemption). If the claims are consistent but the
withholding agent has not chosen to accept the multiple
claims, or if the claims are inconsistent, a separate Form
1042-S must be filed for the person(s) being treated as the
recipient(s).
If an owner of a reverse hybrid entity claims treaty benefits
on a valid Form W-8BEN-E or W-8BEN (and chapter 4
withholding does not apply with respect to the payment to the
reverse hybrid entity), the U.S. withholding agent should
issue a Form 1042-S for the portion of the payment allocable
to each such owner treating the owner as the recipient, using
the applicable recipient codes for the chapters 3 and 4 status
codes, and report the reverse hybrid entity as the
Special instructions for U.S. trusts and estates. Report
the entire amount of income subject to reporting, regardless
of estimates of distributable net income.
intermediary in boxes 15a through 15i. In such a case, the
U.S. withholding agent must issue a Form 1042-S to the
reverse hybrid entity for the remainder of the payment
treating such entity as the recipient and using the applicable
chapters 3 and 4 status codes. However, if chapter 4
withholding applies with respect to the payment to the
reverse hybrid entity, the U.S. withholding agent must instead
issue a Form 1042-S to the reverse hybrid entity for the entire
payment and withhold accordingly.
Payments Made to Persons Who Are Not
Recipients
Disregarded entities and hybrid entities. If a U.S.
withholding agent makes a payment to a disregarded entity
that is not a hybrid entity making a treaty claim, and receives
a valid Form W-8BEN-E or W-8ECI from a foreign person that
is the single owner of the disregarded entity, the withholding
agent must file a Form 1042-S in the name of the foreign
single owner. The TIN on the Form 1042-S, if required, must
be the foreign single owner's TIN. However, in box 13h,
include the GIIN of the disregarded entity provided in Part II
of Form W-8BEN-E if the owner is an FFI.
Example 6. WA, a withholding agent, makes a
withholdable payment of interest to FP, a hybrid entity
organized in Country X. FP is treated as a partnership under
the Internal Revenue Code but is treated as a company
resident in Country X for Country X purposes. WA has a
Form W-8BEN-E from FP on which it claims treaty benefits.
WA also has a Form W-8IMY from FP that includes its
chapters 3 and 4 statuses and a W-8BEN-E from each of
FP's owners, FC1 and FC2, which certify that FC1 is a PFFI
and FC2 is a nonparticipating FFI. The attached withholding
statement allocates 80% of the payment to FC1 and 20% of
the payment to FC2. WA must issue a Form 1042-S for 80%
Example 5. WA, a withholding agent, makes a
withholdable payment of interest to LLC, a foreign limited
liability company that is not an FFI. LLC is wholly owned by
FC, a foreign corporation that is an excepted nonfinancial
foreign entity. LLC is treated as a disregarded entity. WA has
a Form W-8BEN-E from FC on which it states that it is the
beneficial owner of the income paid to LLC. WA reports the
interest payment on Form 1042-S showing FC as the
16
Instructions for Form 1042-S (2024)
of the payment to FP as the recipient using recipient code 26
(hybrid entity making treaty claim) as the chapter 3 status
code, and leaving blank the recipient code for the chapter 4
status code. WA must withhold under chapter 4 on the
remaining 20% of the payment allocated to FC2 and issue a
Form 1042-S to FC2 as the recipient using recipient code 15
(corporation) as the chapter 3 status code and recipient code
15 (nonparticipating FFI) as the chapter 4 status code and
must report FP as the intermediary in boxes 15a through 15i.
Amounts paid to an NQI or flow-through entity of with-
holdable payments. If a U.S. withholding agent makes a
payment to an NQI or a flow-through entity (other than a
nonparticipating FFI) with respect to a withholdable payment,
it must complete a separate Form 1042-S for each recipient
on whose behalf the NQI or flow-through entity acts as
indicated by its withholding statement and the documentation
associated with its Form W-8IMY. If a payment is made
through tiers of NQIs or flow-through entities, the withholding
agent must nevertheless complete Form 1042-S for the
recipients to which the payments are remitted. A withholding
agent completing Form 1042-S for a recipient that receives a
payment through an NQI or a flow-through entity must include
in boxes 15a through 15i of Form 1042-S the name, country
code, address, TIN (if any), GIIN (if any), and status codes of
the NQI or flow-through entity from whom the recipient
directly receives the payment.
If, however, a U.S. withholding agent makes withholdable
payments to an NQI or a flow-through entity that is a
participating FFI or registered deemed-compliant FFI that is
allocable to a chapter 4 withholding rate pool as indicated by
the FFI’s withholding statement, the U.S. withholding agent
should complete a separate Form 1042-S for each chapter 4
reporting pool (that is, pool of recalcitrant account holders,
pool of nonparticipating FFIs, or pool of payees that are U.S.
persons) treating the participating FFI or registered
deemed-compliant FFI as the recipient and must include the
GIIN and chapter 3 status code of the FFI and the applicable
chapter 4 reporting pool code as the chapter 4 status code. If
a payment is made through tiers of NQIs or flow-through
entities that are participating FFIs or registered
documentation from a recipient, the withholding agent must
follow the appropriate presumption rules for that payment
which, if the payment is a withholdable payment, will
generally require the withholding agent to withhold 30%
under chapter 4 because such payment is presumed made to
a nonparticipating FFI. See Regulations section 1.1471-3(f)
(5). For this purpose, if the allocation information provided to
the withholding agent indicates an allocation of more than
100% of the payment, then no part of the payment should be
considered to be associated with a Form W-8, Form W-9, or
other appropriate documentation. The Form 1042-S should
be completed by entering “Unknown Recipient” in box 13a
and recipient code 21 (unknown recipient) as the chapter 3
status code and recipient code 29 (unknown recipient) as the
chapter 4 status code. Also, the name, country code,
address, TIN (if any), GIIN (if any), and status codes of the
FFI should be entered in boxes 15a through 15i.
If a U.S. withholding agent makes a withholdable payment
to an NQI or flow-through entity that is a nonparticipating FFI,
the withholding agent must treat the payments as made to an
unknown recipient regardless of whether it can reliably
associate the payment, or any part of the payment, with a
valid withholding certificate (Form W-8 or W-9) or other valid
appropriate documentation from a recipient (see Regulations
section 1.1471-3(d)(8)). The withholding agent should
complete a Form 1042-S showing “Unknown Recipient” in
box 13a and recipient code 21 (unknown recipient) as the
chapter 3 status code and recipient code 29 (unknown
recipient) as the chapter 4 status code. Also, the name,
country code, address, chapter 4 status code, and TIN (if
any) of the nonparticipating FFI should be entered on Form
1042-S in boxes 15a through 15i.
If, however, an NQI or flow-through entity that is a
nonparticipating FFI provides documentation described in
Regulations section 1.1471-3(d)(8)(ii) to establish that the
withholdable payment or a portion of the payment is
beneficially owned by an exempt beneficial owner, then the
withholding agent should complete a Form 1042-S for each
exempt beneficial owner showing the chapter 4 exemption
code 15 (payee not subject to chapter 4 withholding), the
exempt beneficial owner as the recipient in box 13a, and the
name, country code, address, chapter 4 status code, and TIN
(if any) of the nonparticipating FFI in boxes 15a through 15i.
For any remaining portion of the payment, the withholding
agent should complete a Form 1042-S to an unknown
recipient as described directly above.
deemed-compliant FFIs, the withholding agent must
nevertheless complete Form 1042-S for each chapter 4
reporting pool to which the payments are allocated and must
report, as the recipient, the FFI from whom the recipients
included in the chapter 4 reporting pool directly receive the
payment.
Pro-rata reporting to NQI. If the withholding agent has
agreed that an NQI (other than a nonparticipating FFI) may
provide information allocating a payment to its account
holders under the alternative procedure of Regulations
section 1.1441-1(e)(3)(iv)(D) (no later than February 14,
2025) and the NQI fails to allocate more than 10% of the
payment in a withholding rate pool to the specific recipients in
the pool or an applicable chapter 4 withholding rate pool, the
withholding agent must file a Form 1042-S for each recipient
in the pool on a pro-rata basis. The withholding agent must
check box 15 (pro-rata basis reporting) on each Form
1042-S. For example, if there are four account holders in a
withholding rate pool that receives a $100 payment and the
NQI fails to allocate more than $10 of the payment, the
withholding agent must file four Forms 1042-S, one for each
account holder in the pool, showing $25 of the income to
each and box 15 checked. If, instead, the NQI fails to timely
allocate 10% or less of the payment in a withholding rate pool
to the specific recipients in a pool, the withholding agent must
file a Form 1042-S for each recipient for which it has
Example 7. WA, a withholding agent, makes a
withholdable payment of interest to FFI1, a reporting Model 1
FFI. FFI1 provides WA with a valid Form W-8IMY with which it
associates a withholding statement that allocates 80% of the
payment to FFI2, a participating FFI, and 20% of the payment
to a pool of nonparticipating FFIs. FFI1 also provides WA with
FFI2's Form W-8IMY with which it associates a withholding
statement that allocates 100% of the payment to recalcitrant
pool-no U.S. indicia. WA must complete a Form 1042-S for
the interest allocated to a pool of nonparticipating FFIs with
FFI1 as the recipient and must complete another Form
1042-S for the interest allocated to a pool of recalcitrant
account holders-no U.S. indicia with FFI2 as the recipient.
If a U.S. withholding agent makes a withholdable payment
to an NQI or flow-through entity that is a participating FFI or
deemed-compliant FFI, and cannot reliably associate the
payment, or any part of the payment, with a withholding
statement, or to the extent required, a valid withholding
certificate (Form W-8 or W-9) or other valid appropriate
17
Instructions for Form 1042-S (2024)
allocation information and report the unallocated part of the
payment on a Form 1042-S as made to an “unknown
recipient.” In this case, the withholding agent does not check
box 15 on any of the Forms 1042-S.
to withholding on a PTP distribution other than under section
1446 should generally report the NQI and the recipient of the
distribution on Form 1042-S in accordance with the
requirements applicable to withholdable payments made to
NQIs (described earlier). In the case of a PTP distribution
paid to a flow-through entity, however, the withholding agent
should report the flow-through entity as the recipient for an
amount subject to section 1446(a) unless it is a grantor trust
(with the trust grantors or owners treated as the recipients). In
either case the U.S. withholding agent must provide a Form
1042-S that is associated with the PTP distribution to the
extent that PTP information is required to be included on
Form 1042-S in accordance with Boxes 16a Through 16e,
Payer's Name, TIN, GIIN, and Status Code, later, and as
Payments allocated, or presumed made, to U.S.
nonexempt recipients. You may be given Forms W-9 or
other information regarding U.S. nonexempt recipients from
an NQI or flow-through entity together with information
allocating all or a part of the payment to U.S. nonexempt
recipients. You must report income allocable to a U.S.
nonexempt recipient on the appropriate Form 1099 and not
on Form 1042-S, even though you are paying that income to
an NQI or a flow-through entity. If, however, a participating
FFI or registered deemed-compliant FFI provides a
withholding statement allocating all or part of the payment to
a chapter 4 withholding rate pool of U.S. payees along with
the certification provided on Form W-8IMY required for
reporting such pool (as described in Regulations section
1.1471-3(c)(3)(iii)(B)), you must report the income allocable
to such pool on Form 1042-S.
Example 8. FP is an NWP (flow-through entity) that is a
certified deemed-compliant FFI. FP receives from WA, a U.S.
withholding agent, a withholdable payment of interest
described by income code 01 (interest paid by U.S. obligors –
general). FP has three partners, A, B, and C, all of whom are
individuals. FP provides WA with a Form W-8IMY certifying
that it is transmitting Forms W-9 for U.S. nonexempt
A U.S. withholding agent making a payment to an NQI of
an amount realized subject to reporting for purposes of
section 1446(f) (including on a PTP distribution) should
generally treat the recipient as an unknown recipient because
section 1446(f) withholding applies to an NQI without regard
to the statuses of its account holders receiving the amount
realized. A single Form 1042-S may be issued to the NQI in
this case regardless of the number of NQI account holders. If
the withholding agent agrees to report the NQI account
holders on Form 1042-S, however, it may report the amount
realized and withholding applied under section 1446(f) with
respect to each NQI account holder on Form 1042-S. See the
instructions for Form W-8IMY for the requirements for such
an agreement (including that the withholding agent issue a
recipient copy of the Form 1042-S to the NQI with respect to
each Form 1042-S issued to an NQI account holder for an
amount realized).
recipients and Forms W-8BEN from A and B and a Form W-9
from C, a U.S. nonexempt recipient. In addition, FP provides
a complete withholding statement in association with its Form
W-8IMY that allocates the interest payments among A, B,
and C. WA must file two Forms 1042-S, one each for A and
B, treating FP as the intermediary in boxes 15a through 15i.
WA should also file a Form 1099-INT for C.
Example 9. The facts are the same as in Example 8,
except that FP does not provide any documentation from its
partners. Because WA cannot reliably associate the
withholdable payment of interest with documentation from a
payee, it must apply the presumption rules of Regulations
section 1.1471-3(f) to treat the interest as paid to a
nonparticipating FFI. A Form 1042-S should be completed by
entering “4” in box 3, “Unknown Recipient” in box 13a,
recipient code 21 (unknown recipient) as the chapter 3 status
code, and recipient code 29 (unknown recipient) as the
chapter 4 status code. Also, the name, country code,
address, status codes, and TIN (if any) of FP should be
entered in boxes 15a through 15i.
A U.S. withholding agent making a payment to a flow
through entity of an amount realized reportable on Form
1042-S must report the flow-through entity as the recipient
except to the extent it is treated as a grantor trust (in which
case the trust’s grantor or owner is the recipient).
Amounts Paid by QIs
In general. For purposes of chapter 4, a QI must complete a
Form 1042-S for payments withheld under chapter 4
determined in accordance with the income codes used to file
Form 1042-S. A QI that is a participating FFI or registered
deemed-compliant FFI may use the chapter 4 pooled
reporting codes 42 through 48 to allocate payments made to
its recalcitrant account holders, payees that are
nonparticipating FFIs, and payees that are U.S. persons. A QI
should not use chapter 4 reporting pool 49 (QI- Recalcitrant
Pool-General) to report its accounts but may use it to report
accounts maintained by another QI. A QI that is an NFFE or
an FFI treated as deemed-compliant under an applicable IGA
(as described in Regulations section 1.1441-1(e)(5)(ii)(A))
may use chapter 4 reporting pool code 47 to report payments
allocable to a pool of nonparticipating FFIs. A QI may also
use the chapter 4 pooled reporting codes to report payments
allocable to account holders, payees, or owners of another
participating FFI or registered deemed-compliant FFI that is
an NQI, NWP, or NWT, and it must provide its chapter 4
withholding rate pools on its withholding statement. In such
case, the QI must include the NQI, NWP, or NWT as the
recipient in box 13a and the applicable recipient code for
such entity as the chapter 3 status code. For payments
subject to chapter 3 withholding that are exempt from
chapter 4 withholding and made by the QI directly to foreign
Example 10. The facts are the same as in Example 9,
except that FP is a participating FFI and provides WA with a
Form W-8IMY certifying that it is reporting its U.S. accounts
under chapter 4 and a withholding statement allocating 33%
of the payment to a pool of U.S. payees. With respect to the
U.S. pool of payees, WA must file a Form 1042-S showing FP
as the recipient in box 13a and include FP's GIIN, recipient
code 08 as the chapter 3 status code (partnership other than
a withholding foreign partnership or publicly traded
partnership), and recipient code 48 (U.S. payees pool) as the
chapter 4 status code. WA should enter “3” in box 3 as the
chapter indicator, leave boxes 3a and 3b blank, and enter
exemption code 18 (U.S. payees of a participating FFI or
registered deemed-compliant FFI) in box 4a, and “00.00” in
box 4b.
Amounts paid to an NQI or flow-through entity of
amounts realized and PTP distributions. A U.S.
withholding agent making a payment to an NQI that is subject
18
Instructions for Form 1042-S (2024)
beneficial owners (or that are treated as paid directly to
beneficial owners), the QI may report on the basis of
chapter 3 reporting pools, in most cases. A QI may not report
on the basis of reporting pools in the circumstances
For payments not subject to chapter 4 withholding, a QI may
use a single chapter 4 exemption code 15 (payee not subject
to chapter 4 withholding) and a single chapter 3 reporting
pool code 27 (withholding rate pool – general) as the
chapter 3 status code for all reporting pools, except for
amounts paid to foreign tax-exempt recipients for which
chapter 3 reporting pool code 28 should be used. Note,
however, that a QI should use recipient code 28 only for
pooled account holders that have claimed an exemption
based on their tax-exempt status and not some other
exemption (tax treaty or other Internal Revenue Code
section). If a QI uses a chapter 3 pooled reporting code
(because chapter 4 withholding does not apply and the QI is
not allocating the payment to a U.S. pool of payees), it should
leave blank the recipient code for the chapter 4 status code.
income code 06 (dividends paid by U.S.
corporations-general) in box 1, code 12 (payee subjected to
chapter 4 withholding) in box 3a (chapter 3 exemption code),
“00.00” in box 3b (chapter 3 tax rate), “00” in box 4a
(chapter 4 exemption code), “30.00” in box 4b (chapter 4 tax
rate), “recalcitrant pool – U.S. indicia” or similar designation in
box 13a (recipient's name), chapter 4 recipient code 43
(recalcitrant pool-U.S. indicia) as the chapter 4 status code in
box 13g, and a blank chapter 3 status code in box 13f.
Under the terms of its QI agreement with the IRS, a
QI that is an FFI may be required to report the
!
CAUTION
amounts paid to U.S. nonexempt recipients on Form
1099 or Form 8966 using the name, address, and TIN of the
payee to the extent those items of information are known.
These amounts must be reported on Form 1042-S if
allocated to a chapter 4 withholding rate pool of U.S. payees.
A QI acting as a QDD must separately report on Forms
1042-S payments that it makes in its QDD capacity. The QI
should report the name of the QDD that makes the payment
as the withholding agent in box 12d (following the naming
protocol used for applying to be a QDD) and should use
withholding agent code 35 as the chapter 3 status code.
Similarly, if the QDD is a partnership or branch of a
partnership, that QDD must separately report allocations to
its partners of QDD items on Forms 1042-S, entering the
name of the QDD as the withholding agent in box 12d
(following the naming protocol).
Example 11. QI, a qualified intermediary and
participating FFI, has four direct account holders, A and B,
foreign individuals, and X and Y, foreign corporations. The
withholdable payments made to these direct account holders
are exempt from chapter 4 withholding because of the
chapter 4 status of each account holder. A and X are
residents of a country with which the United States has an
income tax treaty and have provided documentation that
establishes that they are entitled to a lower treaty rate of 15%
on withholding of dividends from U.S. sources. B and Y are
not residents of a treaty country and are subject to 30%
withholding on dividends. QI receives U.S. source dividends
on behalf of its four customers. QI must file one Form 1042-S
for the 15% withholding rate pool. This Form 1042-S must
show income code 06 (dividends paid by U.S. corporations –
general) in box 1, “00” in box 3a (chapter 3 exemption code),
“15.00” in box 3b (chapter 3 tax rate), chapter 4 exemption
code 15 (payee not subject to chapter 4 withholding) in
box 4a, “00.00” in box 4b (chapter 4 tax rate), “Withholding
rate pool” in box 13a (recipient's name), chapter 3 reporting
pool code 27 (withholding rate pool – general) as the
chapter 3 status code, and a blank chapter 4 status code. QI
must also file one Form 1042-S for the 30% withholding rate
pool that contains the same information as the Form 1042-S
filed for the 15% withholding rate pool, except that it will show
“30.00” in box 3b (chapter 3 tax rate).
A QI acting as a QDD with respect to a payment may
only use chapter 3 pooled reporting codes 27 and
!
CAUTION
28.
Amounts Paid to PAIs
In most cases, a QI must report payments subject to
withholding under chapter 3 or 4 made to each private
earlier) as if the PAI's direct account holders were its own. For
purposes of chapter 4, a QI that is a participating FFI,
registered deemed-compliant FFI, or an FFI treated as
deemed-compliant under an applicable IGA (as described in
Regulations section 1.1441-1(e)(5)(ii)(A)) may use the
chapter 4 reporting pool code 47 to allocate payments made
to the PAI's payees that are nonparticipating FFIs, and may
treat the PAI as the recipient on Form 1042-S with respect to
each such pool. For chapter 3 purposes, if the payment is
made directly by the PAI to the recipient, the QI may report
the payment on a pooled basis. A QI may not, however,
report on a pooled basis as described in the preceding
sentence when acting as a QDD because, under the QI
agreement, a QI may not enter into a private arrangement
with any account holder for which it acts as a QDD. A
separate Form 1042-S is required for each withholding rate
pool of each PAI (unless the QI is acting as a QDD with
respect to the payment). However, the QI must include the
name and address of the PAI and use pooled reporting code
29 (PAI withholding rate pool-general) or 30 (PAI withholding
rate pool-exempt organization) as the chapter 3 status code.
If the PAI is providing recipient information from an NQI or
flow-through entity, the QI may not report the payments on a
pooled basis for chapter 3 purposes. Instead, it must follow
the same procedures as a U.S. withholding agent making a
payment to an NQI or flow-through entity.
Example 12. The facts are the same as in Example 11,
except that Y is an organization that has tax-exempt status in
the United States and in the country in which it is located,
and B is a recalcitrant account holder with U.S. indicia. QI
must file three Forms 1042-S. One Form 1042-S (for amounts
allocable to A and X) will contain the same information as in
Example 11. The second Form 1042-S (for amounts
allocable to Y) will contain information for the withholding rate
pool consisting of the amounts paid to Y. This Form 1042-S
will show income code 06 (dividends paid by U.S.
corporations – general) in box 1, exemption code 02 (exempt
under IRC) in box 3a, “00.00” in box 3b (chapter 3 tax rate),
chapter 4 exemption code 15 (payee not subject to chapter 4
withholding) in box 4a, “00.00” in box 4b (chapter 4 tax rate),
“Zero rate withholding pool-exempt organizations” or similar
designation in box 13a (recipient's name), chapter 3 code 28
(withholding rate pool – exempt organization) in box 13f, and
a blank chapter 4 status code in box 13g. The third Form
1042-S will contain information for the recalcitrant pool
consisting of amounts paid to B. This Form 1042-S will show
Example 13. QI, a qualified intermediary, pays U.S.
source dividends to direct account holders that are foreign
19
Instructions for Form 1042-S (2024)
persons and beneficial owners. It also pays a part of the U.S.
source dividends to two private arrangement intermediaries,
PAI1 and PAI2. The private arrangement intermediaries pay
the dividends they receive from QI to foreign persons that are
beneficial owners and direct account holders of PAI1 or PAI2.
All payees are exempt from chapter 4 withholding based on
their respective chapter 4 statuses and the dividends paid
are subject to a 15% rate of withholding. QI must file a Form
1042-S for the dividends paid to its own direct account
holders that are beneficial owners. QI must also file two
Forms 1042-S, one for the dividends paid to the direct
account holders of each of PAI1 and PAI2. Each of the Forms
1042-S that QI files for payments made to PAI1 and PAI2
must contain the name and address of PAI1 or PAI2, recipient
code 29 (PAI withholding rate pool – general) as the
an NQI must include in boxes 15a through 15i the name,
country code, address, TIN (if any), GIIN (if any), and status
codes of the NQI from whom the recipient directly receives
the payment. In the case of an NQI that is a participating FFI
or registered deemed-compliant FFI, the QI must complete a
Form 1042-S for the chapter 4 withholding rate pool of the
NQI provided in a withholding statement associated with its
Form W-8IMY and must report the NQI as the recipient. In
such a case, the QI must include the name and address of
the NQI as the recipient and use chapter 4 pool reporting
codes 42 through 48 as the chapter 4 status code and
chapter 3 status code 25 (nonqualified intermediary). If the
NQI fails to provide sufficient allocation information with
respect to a withholdable payment, the QI must complete a
Form 1042-S with the recipient as “Unknown Recipient” using
chapter 4 status code 29 (unknown recipient) and must
include the NQI's information in boxes 15a through 15i.
Example 14. QI, a qualified intermediary, has NQI, a
nonqualified intermediary that is a participating FFI, as an
account holder. NQI has two account holders, A and B, both
recalcitrant account holders with U.S. indicia who receive a
withholdable payment of U.S. source dividends from QI. NQI
provides QI with a valid Form W-8IMY and a complete
withholding statement that allocates the dividends paid to
NQI to recalcitrant pool – U.S. indicia for both A and B. QI
must complete one Form 1042-S reporting NQI as the
recipient and using reporting pool code 43 (recalcitrant pool –
U.S. indicia) as the chapter 4 status code.
chapter 3 status code, and a blank chapter 4 status code,
and should use chapter 4 exemption code 15 (payee not
subject to chapter 4 withholding) in box 4a.
Amounts Paid by QIs to Certain Partnerships
and Trusts
A QI that is applying the special pool reporting allowance
provided in the QI agreement for certain partnerships or
trusts (Agency Option) must file separate Forms 1042-S
reflecting reporting pools for each partnership or trust that
has provided reporting pool information in its withholding
statement. A QDD cannot use the Agency Option. For
purposes of chapter 4, a QI that is an FFI may use the
chapter 4 reporting pool code 47 to allocate payments made
to the partnership’s or trust's payees that are nonparticipating
FFIs and should report the partnership or trust as the
recipient on Form 1042-S. For chapter 3 purposes, if the
payment is made directly by the partnership or trust to the
recipient, the QI may use reporting pool code 31 (Agency
withholding rate pool - general) or 32 (Agency withholding
rate pool - exempt organization) as the chapter 3 status code
(unless the QI is acting as a QDD with respect to the
payment). However, to the extent required in the QI
Example 15. QI has NQI, a nonqualified intermediary that
is a reporting Model 2 FFI, as an account holder. NQI has two
account holders, A and B, who receive a withholdable
payment of U.S. source dividends from QI. A is a
nonparticipating FFI. NQI treats B as a nonconsenting U.S.
account under the applicable IGA and is not required to
withhold on payments to B under chapter 4. NQI provides QI
with a valid Form W-8IMY and a complete withholding
statement that allocates 50% of the dividends paid to A and
50% to B. NQI designates B as an individual exempt from
withholding under an IGA but cannot include B in a chapter 4
withholding rate pool of U.S. payees because the payment is
subject to chapter 3 withholding and under the presumption
rules of Regulations section 1.1441-1(b)(3) the payment is
presumed made to an unknown, undocumented foreign
payee. QI must complete two Forms 1042-S. One Form
1042-S must show NQI as the recipient and use reporting
pool code 47 (nonparticipating FFI pool). The second Form
1042-S must show the recipient as “Unknown Recipient,”
NQI's information in boxes 15a through 15i, chapter 4
exemption code 19 (exempt from withholding under IGA),
chapter 4 status code 34 (nonconsenting U.S. account),
chapter 3 status code 21 (unknown recipient), and 30%
withholding under chapter 3 for the payment allocated to B as
a presumed foreign person under chapter 3.
agreement, the QI must file separate Forms 1042-S for
partners, beneficiaries, or owners of such partnership or trust
that are indirect partners, beneficiaries, or owners, and for
direct partners, beneficiaries, or owners of such partnership
or trust that are intermediaries or flow-through entities.
Recipient-by-Recipient Reporting by QIs
If a QI is not permitted to report on the basis of reporting
pools, it must follow the same rules that apply to a U.S.
withholding agent. For chapter 3 purposes, a QI may not
report the following payments on a reporting pool basis, but
rather must complete Form 1042-S for each appropriate
recipient and must provide the applicable chapter 4
exemption code.
Payments made by QIs to another QI, QDD, QSL, WP, or
WT. The QI must complete a Form 1042-S treating the other
QI, QDD (when a QI is acting as a QDD with respect to a
payment), QSL, WP, or WT as the recipient. A QI must not
treat a QI as a recipient, however, when the other QI is acting
as a disclosing QI. See Payment to QI of PTP distributions or
amounts realized, earlier, for information on reporting of PTP
distributions and amounts realized paid to disclosing QIs.
Payments made to an NQI (including an NQI that is an
account holder of a PAI). For chapter 3 purposes, the QI
must complete a Form 1042-S for each recipient who
receives the payment from the NQI. A QI that is completing
Form 1042-S for a recipient that receives a payment through
Payments made by QIs to a flow-through entity. The QI
must complete a Form 1042-S for each recipient who
receives the payment from the flow-through entity for
purposes of chapters 3 and 4. A QI that is completing a Form
1042-S for a recipient that receives a payment through a
flow-through entity must include in boxes 15a through 15i the
name, country code, address, TIN (if any), GIIN (if any), and
status codes of the flow-through entity from which the
recipient directly receives the payment.
For chapter 4 purposes and in the case of a flow-through
entity that is a participating FFI or registered
deemed-compliant FFI (other than a WP or WT), the QI must
20
Instructions for Form 1042-S (2024)
complete a Form 1042-S for each chapter 4 withholding rate
pool provided in the withholding statement associated with
the Form W-8IMY of the flow-through entity. The QI must
include the name, address, and GIIN of the flow-through
entity as the recipient and the applicable chapter 3 status
code for the flow-through entity and use pooled reporting
codes 42 through 48 as the chapter 4 status code.
Example 16. QI, a qualified intermediary, has FP, a
nonwithholding foreign partnership that is a registered
deemed-compliant FFI, as an account holder. QI pays
interest that is a withholdable payment described by income
code 01 (interest paid by U.S. obligors – general) to FP. FP
has three partners, A, B, and C, all of whom are exempt from
withholding under chapter 4 based on their respective
chapter 4 statuses. FP provides QI with a Form W-8IMY with
which it associates the Forms W-8BEN from each of A, B,
and C. In addition, FP provides a complete withholding
statement in association with its Form W-8IMY that allocates
the interest payments among A, B, and C. QI must file three
Forms 1042-S, one each for A, B, and C. The Forms 1042-S
must show information relating to FP in boxes 15a through
15i along with the chapters 3 and 4 status codes and
chapter 4 exemption code 15 (payee not subject to chapter 4
withholding) for A, B, and C.
the basis of chapter 3 reporting pools and file a separate
Form 1042-S for each reporting pool. For payments not
subject to chapter 4 withholding, a WP or WT may use a
single chapter 4 exemption code 15 (payee not subject to
chapter 4 withholding) and a single chapter 3 reporting pool
code 27 (withholding rate pool – general) as the chapter 3
status code for all chapter 3 reporting pools, except for
amounts paid to foreign tax-exempt recipients for which a
separate recipient code 28 must be used. For this purpose, a
foreign tax-exempt recipient includes any organization that is
not subject to withholding and is not liable to tax in its country
of residence because it is a charitable organization, pension
fund, or foreign government. See the WP and WT
agreements for when a WP and WT can pool report
payments to an indirect partner, a beneficiary, or an owner.
See section 9 of the WP or WT agreement.
Amounts Paid by Nonqualified
Intermediaries and Flow-Through
Entities
An NQI and a flow-through entity are withholding agents and
must file Forms 1042-S for amounts paid to recipients.
However, an NQI or flow-through entity is not required to file
Form 1042-S if it is not required to file Form 1042-S under the
Multiple Withholding Agent Rule, later. An NQI or
See section 8 of the 2023 QI agreement in Rev. Proc.
2022-43 for information on Form 1042-S reporting
requirements when QIs make payments of PTP
TIP
flow-through entity may report payments made to recipients
to the extent it has failed to provide to another withholding
agent the appropriate documentation and complete
withholding statement for either chapter 3 or 4 purposes or
when an NQI receives a payment of an amount realized
subject to section 1446(f) withholding from a broker that does
not agree to report on Form 1042-S the NQI account holders
receiving the payment. See the instructions for Form W-8IMY
for the requirements for such an agreement. If the NQI or
flow-through entity chooses to or must file Form 1042-S, as
described above, the NQI or flow-through entity must also file
Form 1042 and, if applicable, attach the Form 1042-S it
received from the withholding agent to establish any credit for
amounts withheld by the withholding agent. See the
distributions or amounts realized, or when a QI acting as a
QDD is a partnership required to report on Form 1042-S with
respect to its foreign partners. For when a QI pays a PTP
distribution or amount realized to a partner through more than
one disclosing QI and the QI is required to issue a Form
1042-S under section 8 of the 2023 QI agreement to report
the payment, see Payment to QI of PTP distributions or
amounts realized, earlier, for the disclosing QI to which the QI
is required to issue a recipient copy of Form 1042-S.
Amounts Paid by Withholding Foreign
Partnerships and Trusts
In general. For chapter 4 purposes, payments that are
If another withholding agent has withheld tax on an
amount that should have been exempt (for example, where
the withholding agent applied the presumption rules because
it did not receive proper documentation or other required
information from the NQI or flow-through entity), and the
payee or beneficial owner will make a claim for refund, the
NQI or flow-through entity must report on Form 1042-S the
correct tax rate and the combined amount of U.S. federal tax
withheld with respect to all recipients and should enter the
applicable chapters 3 and 4 exemption codes.
made by a withholding foreign partnership (WP) or
withholding foreign trust (WT) that is a participating FFI or a
registered deemed-compliant FFI directly to its partners,
owners, or beneficiaries that are recalcitrant account holders,
payees that are nonparticipating FFIs, and payees that are
U.S. persons may be reported on the basis of chapter 4
reporting pools. A WP or WT may also use the chapter 4
pooled reporting codes to report payments allocable to
account holders, payees, or owners of another participating
FFI or registered deemed-compliant FFI that is an NQI, NWP,
or NWT and provides its chapter 4 withholding rate pools on
its withholding statement when the WP or WT applies section
9.03 of its agreement to such entity. In such case, the WP or
WT must include the NQI, NWP, or NWT as the recipient in
box 13a. If a WP or WT has not made a pooled reporting
election for chapter 3 purposes, a WP or WT must file a
separate Form 1042-S for each direct partner, beneficiary, or
owner that is exempt from chapter 4 withholding and to whom
the WP or WT distributes, or in whose distributive share is
included, an amount subject to withholding under chapter 3,
in the same manner as a U.S. withholding agent. However, if
the WP or WT has made a pooled reporting election in its WP
or WT agreement, the WP or WT may instead report
If another withholding agent underwithholds, regardless of
whether it received proper documentation from the NQI or
flow-through entity, the NQI or flow-through entity must
withhold additional amounts to bring the total withholding to
the correct amount.
If an NQI receives an amount realized withheld on
under section 1446(f), it may issue Forms 1042-S to
report the payment and withholding even if the
TIP
account holder is a U.S person.
payments to such direct partners, beneficiaries, or owners on
21
Instructions for Form 1042-S (2024)
Example 17. NQI, a foreign bank that is a participating
FFI, acts as a nonqualified intermediary for four different
foreign persons (A, B, C, and D) who own securities from
which they receive interest that is a withholdable payment.
The interest is paid by a U.S. withholding agent (WA) as
custodian of the securities for NQI. A, B, C, and D each own
a 25% interest in the securities. NQI has furnished WA with a
Form W-8IMY to which it certifies its status as a participating
FFI and has attached Forms W-8BEN from A and B. NQI's
Form W-8IMY contains an attachment stating that 25% of the
securities are allocable to each of A and B and 50% to a pool
of recalcitrant account holders with U.S. indicia. WA pays
$100 of interest during the calendar year. WA treats the $25
of interest allocable to A and the $25 of interest allocable to B
as portfolio interest and completes Forms 1042-S for A and
for B as the recipients. WA includes information relating to
NQI in boxes 15a through 15i on the Forms 1042-S for A and
B. WA subjects the remaining $50 of interest to 30%
withholding under chapter 4 and reports the interest on a
Form 1042-S by treating NQI as the recipient in box 13a and
uses chapter 3 status code 25 (nonqualified intermediary),
chapter 4 status code 43 (recalcitrant pool – U.S. indicia),
“30.00” in box 4b (chapter 4 tax rate), and $15 as the amount
withheld in boxes 7 and 10. Under the multiple withholding
agent rule, NQI is not required to file a Form 1042-S, but must
file a Form 1042-S if, for example, C and D seek to make a
claim for refund and NQI has not filed a collective refund
claim on behalf of C and D for the tax withheld under
chapter 4 on the payment (see Regulations section
Specified Federal Procurement Payments Made
to Foreign Persons
Section 5000C imposes a 2% tax on any foreign person that
receives a specified federal procurement payment. A
specified federal procurement payment is a payment made to
a foreign person pursuant to a contract with the U.S.
Government for (1) the provision of goods that are
manufactured or produced in a country that does not have an
international procurement agreement with the United States,
or (2) the provision of services in a country that does not
have an international procurement agreement with the United
States.
For purposes of section 5000C, a payer of a specified
federal procurement payment to a foreign person must
complete a Form 1042-S for payments withheld upon in the
name of the foreign person. Use income code 44 to report
payments subject to withholding under section 5000C. box 2
should include the amount of the specified federal
procurement payments subject to withholding and box 7
should include the amount of tax withheld under section
5000C.
If you are reporting tax withheld under section 5000C,
enter “3” in box 3 as if the tax were a chapter 3 tax, enter “00”
in box 3a, and report the tax withheld in box 7. You do not
need to complete box 4a, 4b, or any box for a chapter 3 or 4
status code. In boxes 13a through 13d, include the name and
the address of the foreign person withheld upon. If known,
include the TIN (if any) in box 13e.
1.1471-4(h)).
Example 18. WA, a U.S. withholding agent, makes a
$100 dividend payment that is a withholdable payment to a
foreign bank (NQI) that is a participating FFI and acts as a
nonqualified intermediary. NQI receives the payment on
behalf of A, documented as a foreign individual exempt from
chapter 4 withholding and a resident of a treaty country who
is entitled to a 15% rate of withholding under chapter 3, and
B, documented as a foreign individual exempt from chapter 4
withholding and a resident of a country that does not have a
tax treaty with the United States and who is subject to 30%
withholding under chapter 3. NQI provides WA with its Form
W-8IMY that certifies its status as a participating FFI to which
it associates the Forms W-8BEN from both A and B and a
complete withholding statement that allocates 50% of the
dividend to A and 50% to B. A's Form W-8BEN claims a 15%
treaty rate of withholding. B's Form W-8BEN does not claim a
reduced rate of withholding. WA, however, mistakenly
withholds only 15%, $15, from the entire $100 payment. WA
completes a Form 1042-S for each A and B as the recipients,
showing on each form $50 of dividends in box 2, a
Multiple Withholding Agent Rule
A withholding agent is not required to file Form 1042-S if a
return is filed by another withholding agent reporting the
same amount and the withholding agent has withheld
correctly.
The multiple withholding agent rule does not relieve
withholding agents from Form 1042-S reporting responsibility
in the following circumstances.
Any withholding agent making a payment to a QI, QSL,
•
WP, or WT must report that payment as made to the QI, QSL,
WP, or WT.
Any withholding agent making a payment to a U.S. branch
•
treated as a U.S. person must report the payment as made to
that branch.
Any withholding agent that withholds an amount from a
•
payment under chapter 3 or 4 must report that amount to the
recipient from whom it was withheld.
Furthermore, the multiple withholding agent rule does not
relieve the following from Form 1042-S reporting
responsibility.
withholding rate of “15.00” in box 3b (chapter 3 tax rate), and
$7.50 as the amount withheld in boxes 7 and 10. Under the
multiple withholding agent rule, NQI is not required to file a
Form 1042-S for A. However, because NQI knows (or should
know) that B is subject to a 30% rate of withholding, and
assuming it knows that WA only withheld 15%, the multiple
withholding agent rule does not apply to the dividend paid to
B, and NQI must withhold an additional 15% from the
Any QI, WP, or WT required to report an amount to a
•
chapter 4 withholding rate pool or chapter 3 withholding rate
pool.
An NQI or flow-through entity that knows, or has reason to
•
know, that the correct amount has not been withheld by
another withholding agent.
payment to B. NQI must then file a Form 1042-S for B
showing $50 of dividends in box 2, “00” in box 3a (chapter 3
exemption code), “30.00” in box 3b (the correct chapter 3 tax
rate), $7.50 withheld by NQI in box 7, $7.50 withheld by WA
in box 8, and $15 in box 10 (the combined amount withheld).
NQI must also enter chapter 4 exemption code 15 (payee not
subject to chapter 4 withholding) in box 4a and “00.00” in
Under the multiple withholding agent rule, a withholding
agent reporting amounts withheld by another withholding
agent must use box 8 (Tax withheld by other agents) to report
such amounts and must provide the name and EIN of the
withholding agent that withheld in boxes 14a and 14b
(Primary Withholding Agent's Name and EIN). See the
22
Instructions for Form 1042-S (2024)
later.
boxes must be completed if the nature of the payment
requires it.
If the amount reported in box 2 is a withholdable payment,
•
Penalties
you must also enter information in boxes 4a, 4b, and 13g. If
the amount reported in box 2 is an amount subject to
chapter 3 withholding, you must enter information in boxes
12b, 12c, and 13f.
The following penalties apply to the person required to file
Form 1042-S. The penalties apply to both paper filers and
electronic filers.
If the amount reported in box 2 is not subject to chapter 4
•
Late filing of correct Form 1042-S. A penalty may be
imposed for failure to file each correct and complete Form
1042-S when due (including extensions), unless you can
show that the failure was due to reasonable cause and not
willful neglect. The penalty, based on when you file a correct
Form 1042-S, is the following.
withholding or is not a withholdable payment, you must enter
“00.00” in box 4b and provide the applicable exemption code
in box 4a.
If the amount reported in box 2 is a withholdable payment
•
and an amount subject to chapter 3 withholding and the tax
rate in box 4b is 00.00, you must enter information in boxes
3a and 3b. If the rate entered in box 4b is 30.00, you may
enter information in boxes 3a and 3b.
$60 per Form 1042-S if you correctly file within 30 days
•
after the required filing date; the maximum penalty is
$664,500 per year ($232,500 for a small business). A small
business, for this purpose, is defined as having average
annual gross receipts of $5 million or less for the 3 most
recent tax years (or for the period of its existence, if shorter)
ending before the calendar year in which the Forms 1042-S
are due.
If you are a QI, WP, or WT that is pool reporting for its
•
direct account holders only, either a chapter 3 status code
(box 13f) or chapter 4 status code (box 13g) is required.
If the recipient in box 13 or entity in box 15 is a
•
participating FFI, registered deemed-compliant FFI,
sponsored FFI, direct reporting NFFE, or sponsored direct
reporting NFFE, you must enter the entity's GIIN or the GIIN
of the sponsoring entity in box 13h or 15e (to the extent that
you may rely on a sponsored entity's GIIN under the
chapter 4 regulations or an applicable IGA for withholding
purposes).
$130 per Form 1042-S if you correctly file more than 30
•
days after the due date but by August 1; the maximum
penalty is $1,993,500 per year ($664,500 for a small
business).
$330 per Form 1042-S if you file after August 1 or you do
•
not file correct Forms 1042-S; the maximum penalty is
$3,987,000 per year ($1,329,000 for a small business).
Use only income, status, and exemption codes specifically
•
listed in these instructions.
If you intentionally disregard the requirement to report
correct information, the penalty per Form 1042-S is increased
to the greater of $660 or 10% of the total amount of items
required to be reported, with no maximum penalty.
Use only tax rates that are allowed by statute, regulations,
•
or treaty. Do not attempt to “blend” rates. Instead, if
necessary, submit multiple Forms 1042-S to show changes in
Failure to furnish correct Form 1042-S to recipient. If
you fail to provide Forms 1042-S to recipients and cannot
show reasonable cause, a penalty of up to $330 may be
imposed for each failure to furnish Form 1042-S to the
recipient when due. The penalty may also be imposed for
failure to include all required information or for furnishing
incorrect information on Form 1042-S. The maximum penalty
is $3,987,000 for all failures to furnish correct recipient
statements during a calendar year. If you provide the correct
statement on or before August 1, reduced penalties similar to
those for failing to file a correct Form 1042-S with the IRS
earlier. If you intentionally disregard the requirement to report
correct information, each $330 penalty is increased to the
greater of $660 or 10% of the total amount of items required
to be reported, with no maximum penalty.
All information you enter when reporting the payment must
correctly reflect the intent of the statute and regulations. In
most cases, you should rely on the withholding
documentation you have collected (Form W-8 series, Form
8233, etc.) to complete your Form 1042-S submissions.
Also note the following.
The gross income you report in box 2 cannot be zero.
The income code you report in box 1 must correctly reflect
•
•
the type of income you pay to the recipient.
The withholding agent's name, address, chapters 3 and 4
•
status codes, EIN, QI-EIN, WP-EIN, WT-EIN, and GIIN (if
any) must be reported in boxes 12a through 12i.
The recipient's name, address, U.S. TIN (if any), GIIN (if
•
any), and country code must be reported in boxes 13a
through 13e and 13h. In most cases, you must report a
Failure to file electronically. If you are required to file
electronically but fail to do so, and you do not have an
approved waiver on record, penalties may apply unless you
establish reasonable cause for your failure.
In the case of joint owners, Form 1042-S can only list one
•
of the owners as the recipient in box 13a. Form 1042-S must
not be completed with more than one of the joint owners as
the recipient.
The country code that you report in boxes 13b and 15f
•
Avoid Common Errors
must be present and correctly coded and cannot be “US”
(unless the intermediary identified in line 15 is a U.S. branch
that is not treated as a U.S. person). Additionally, do not use
“OC” except as specifically allowed in these instructions.
To ensure that your Forms 1042-S can be correctly
processed, be sure that you do the following.
•
these instructions.
For direct account holders, you must report the recipient's
•
account number in box 13k. You may also be required to
report the recipient's FTIN, an LOB code (for an entity
claiming treaty benefits), and the recipient's date of birth in
box 13l, later).
•
electronic filer.
Complete all required fields. At a minimum, you must
•
provide your unique form identifier at the top of the form as
well as the information requested in boxes 1, 2, 3, 7a, 12a,
12b, 12c, 12d, 12f, 12h, 12i, 13a, 13b, 13c, and 13d. Other
The exemption code you report in box 3a must correctly
•
identify the proper tax status for the type of income you pay to
23
Instructions for Form 1042-S (2024)
the recipient. The exemption code you report in box 4a must
correctly identify the proper tax status for the type of income
you pay to the recipient or if exemption code 15 is used
(payee not subject to chapter 4 withholding), the chapter 4
status code of the recipient must correctly reflect this
exemption.
number can be used on a new original form in a subsequent
year.
Amended Checkbox
Amendment Number
When reporting to Unknown Recipients, ensure that 30%
•
tax is withheld for amounts subject to chapter 3 or 4
withholding, remitted to the IRS, and correctly reported on
Form 1042-S. In such cases, the recipient's name should be
"Unknown Recipient." The recipient's chapter 3 and 4 status
codes should also reflect "Unknown Recipient," and the
recipient country should be left blank. Do not use country
code "UC" to indicate unknown country. Only use country
code "UC" when the recipient country is Curacao.
If you are filing an amended Form 1042-S, you must provide
an amendment number. The amendment number must be
numeric and the length must be exactly one digit. Each time
that you amend the same form (as determined by the unique
form identifier), you must provide the amendment number in
the box provided on the form (using “1” for the first
amendment and increasing sequentially for each subsequent
amendment).
Foreign source income generally is not required to be
•
Box 1, Income Code
reported on Form 1042-S. As a result, exemption code 03
(income is not from U.S. sources) should be used for
reporting income only in limited circumstances (for example,
when withholding is applied in error). See Regulations
section 1.1461-1(c)(2) for when reporting on Form 1042-S is
required.
All filers must enter the appropriate two-digit income code
income codes. Below are examples on how to use some of
the income codes.
Note. If you use exemption code 04 (exempt under tax
treaty), the country code that you report in box 13b must be a
valid treaty country. Countries with which the United States
has a tax treaty are listed at IRS.gov/Businesses/
1. Use code 06 for dividends, including any deemed
dividends (such as deemed dividends arising under section
305(c)). However, use other codes for dividends (including
deemed dividends) paid on actively traded securities and for
dividend equivalents.
2. Use code 09 for the following types of capital gain.
You, the withholding agent, are liable for the tax if you
a. Gains on disposal of timber, coal, or domestic iron ore
with a retained economic interest, unless an election is made
to treat those gains as income effectively connected with a
U.S. trade or business.
know, or should have known, that underwithholding
!
CAUTION
on a payment has occurred.
b. Gains on contingent payments received from the sale
or exchange after October 4, 1966, of patents, copyrights,
secret processes and formulas, goodwill, trademarks, trade
brands, franchises, and other like property.
c. Gains on certain transfers of all substantial rights to, or
an undivided interest in, patents if the transfers were made
before October 5, 1966.
Specific Instructions for
Withholding Agents
All amounts must be reported in U.S. dollars.
!
CAUTION
Rounding Off to Whole Dollars
d. Certain gains from the sale or exchange of OID
obligations issued after March 31, 1972.
You must round off cents to whole dollars. To round off
amounts to the nearest whole dollar, drop amounts under 50
cents and increase amounts from 50 to 99 cents to the next
dollar. For example, $1.39 becomes $1 and $2.50 becomes
$3. If you have to add two or more amounts to figure the
amount to enter on a line, include cents when adding and
only round off the total.
3. Use code 17 for payments for independent personal
services performed by a foreign person (including payments
made to an entity). This includes payments that are subject to
the business profits article of a treaty.
4. Use code 29 (deposit interest) if you are paying bank
deposit interest, not code 01 (interest paid by U.S.
obligors-general).
5. Use code 24 (qualified investment entity (QIE)
distributions of capital gains) for distributions of capital gains
from a QIE. Use code 36 (capital gains distributions) for
capital gain distributions (dividends) paid or credited by
mutual funds (or other RICs). Include long-term and
short-term capital gain dividends (use exemption code 02
(exempt under IRC) in box 3a).
Unique Form Identifier
A withholding agent must provide a unique form identifier
number on each Form 1042-S that it files in the box provided
at the top of the form. The unique form identifier must:
Be numeric (for example, 1234567891),
Be exactly 10 digits, and
•
•
•
Not be the recipient's U.S. or foreign TIN.
If a withholding agent is filing an amended Form 1042-S, it
Note. Exempt-interest dividends and interest-related
dividends should be reported under income code 01 (interest
paid by U.S. obligors-general) (use exemption code 02
(exempt under IRC) in box 3a).
6. Use code 28 for gambling winnings. These are
proceeds from a game other than blackjack, baccarat, craps,
must include the same unique form identifier that was
reported by the withholding agent on the original Form
1042-S that is being amended. The unique form identifier will
be used to identify which information return is being
corrected or amended when multiple information returns are
filed by a withholding agent with respect to the same
recipient. The identifying number must be unique to each
original Form 1042-S filed for the current year. The identifying
24
Instructions for Form 1042-S (2024)
7. Use code 33, 34, 35, 53, or 54 for all substitute
payment transactions. For more information, see Regulations
sections 1.861-2(a)(7) and 1.861-3(a)(6). For payments of
interest or substitute interest made by a withholding agent to
a QI that assumes primary withholding responsibilities for
substitute interest, the withholding agent and the QI should
use code 33 or 54. For payments of substitute dividends, a
withholding agent should use code 34 or 53. See Rev. Proc.
2022-43 for more information on when a QI assumes primary
withholding responsibilities for substitute interest or dividend
equivalents.
withheld during the current calendar year that you are not
depositing pursuant to the escrow procedure, see the
14. Use code 52 (dividends paid on certain actively traded
or publicly offered securities), 53 (substitute
payments-dividends paid from certain actively traded or
publicly offered securities), 51 (interest paid on certain
actively traded or publicly offered securities), 54 (substitute
payments-interest from certain actively traded or publicly
offered securities), and 13 (royalties paid on certain publicly
offered securities) if the income paid is described in
Regulations section 1.1441-6(c)(2) and you have reduced the
rate of withholding under an income tax treaty without the
recipient providing a U.S. or foreign TIN. See codes 40 and
56 for dividend equivalents other than substitute dividends
and example 10 of this list for additional information.
8. Use code 37 (return of capital) for a nondividend
distribution. This is a distribution that is not paid out of the
earnings and profits of a corporation. It represents a
distribution in part or full payment in exchange for stock.
9. Use codes 38 and 39 for payments to covered
expatriates. Use code 38 for a payment of eligible deferred
compensation subject to section 877A(d)(1) and use code 39
for a distribution from a nongrantor trust subject to section
877A(f)(1). For more information, see Notice 2009-85,
2009-45 I.R.B. 598, available at IRS.gov/irb/
15. Use code 55 (taxable death benefits on life insurance
contracts) to report taxable death benefits, such as benefits
paid on an insurance contract that was acquired on a transfer
for valuable consideration. See section 101 for when death
benefits are taxable.
16. Use income code 57 to report an amount realized
under section 1446(f) (regardless of whether paid on a sale
or PTP distribution).
10. There are three categories of dividend equivalent
codes. For substitute dividends, use code 34 or 53. See
example 7 of this list for additional instructions related to
substitute dividends. For dividend equivalents with respect to
a transaction that is a section 871(m) transaction as a result
of combining transactions under Regulations section
1.871-15(n) (including as modified by transition relief under
Notice 2022-37, when applicable) (a “combined
transaction”), use code 56 (dividend equivalents under IRC
section 871(m) as a result of applying the combined
transaction rules). For all other dividend equivalents, use
code 40 (other dividend equivalents under IRC section
871(m)).
17. Use income code 58 to the extent you cannot
determine the income attributable to a PTP distribution and
apply Regulations section 1.1446-4(d)(1) to determine the
withholding absent a qualified notice indicating the amount.
18. Income code 23 (other income) should be used only to
report U.S. source FDAP income that is not reportable under
any other available income code.
If you paid more than one type of income to or on behalf of
the same recipient, you must complete a separate Form
1042-S for each income type.
11. Use code 41 (guarantee of indebtedness) for certain
guarantee of indebtedness payments. These are amounts
paid for the provision of a guarantee of indebtedness that
was issued after September 27, 2010.
12. Use either code 42 (earnings as an artist or athlete –
no central withholding agreement) or 43 (earnings as an artist
or athlete – central withholding agreement) for payments to
an artist or athlete. A central withholding agreement is Form
13930, Application for Central Withholding Agreement, plus
additional information specified in the instructions for such
form, that is entered into by the artist or athlete, a designated
withholding agent, and the IRS. For more details, see Pub.
515.
13. Use code 50 (income previously reported under
escrow procedure) with respect to a recalcitrant account
holder of a dormant account for which a participating FFI
reported the income on Form 1042-S in a prior calendar year
but for which the participating FFI was not required to deposit
the tax withheld or determined that withholding was not
required until the current calendar year under an applicable
escrow procedure. For additional information on the escrow
procedure for dormant accounts, see Regulations section
1.1471-4(b)(6). Also use code 50 for income reported on a
Form 1042-S in a prior calendar year for which tax withheld
was not deposited pursuant to the escrow procedure for
undetermined amounts of income and such withheld tax is
now required to be deposited in the current calendar year.
For additional information on the escrow procedure for
undetermined amounts of income, see Regulations section
1.1441-3(d)(1). For instructions on reporting amounts
Note. Although income codes are provided for short-term
OID and notional principal contract income, those items are
not always subject to reporting on Form 1042-S. For example,
short-term OID may need to be reported by an NQI or
flow-through entity if those amounts are paid to foreign
persons and another withholding agent backup withheld on
those amounts under the presumption rules. Notional
principal contract income is reportable if it is effectively
connected with the conduct of a trade or business in the
United States or results in the payment of interest under
Regulations section 1.446-3(g)(4) or a dividend equivalent
under section 871(m) and the regulations thereunder (for
which a Form 1042-S is required). For more information, see
Box 2, Gross Income
For each income type, enter the gross amount you paid (in
whole dollars) to or on behalf of the recipient during the
calendar year, including withheld tax. See, however, the
must issue a separate Form 1042-S (or several Forms
1042-S) for income attributable to a PTP distribution. The
following other special procedures apply to the reporting of
gross income.
You must report the entire amount of a corporate
•
distribution made with respect to stock even if you elect to
reduce the amount of withholding on the distribution because
all or a part of the distribution is nontaxable or represents a
capital gain dividend.
25
Instructions for Form 1042-S (2024)
You must report the entire amount of a payment if you do
you report the income as effectively connected with a U.S.
trade or business. If the recipient's U.S. TIN is unknown or
unavailable, you must withhold tax at the rate of 30% (30.00)
and enter “00” in boxes 3a and 4a.
•
not know at the time of payment the amount that is subject to
withholding because the determination of the source of the
income or the calculation of the amount of income subject to
tax depends upon facts that are not known at the time of
payment.
Chapter 3 Exemption Codes
If you applied the escrow procedure under chapters 3 and
•
4, report the entire amount of a payment that you previously
reported in a prior calendar year for which you withheld tax
but did not deposit such tax under the escrow procedure if
the liability is due in the current calendar year.
A withholding agent should use chapter 3 exemption code
02, Exempt under IRC, only if none of the other chapter 3
exemption codes apply.
You must report the entire amount of gains relating to the
•
A withholding agent should use exemption code 06 (QI
that assumes primary withholding responsibility) only if it is
making a payment to a QI that has represented on its Form
W-8IMY that it is assuming primary withholding responsibility
under chapters 3 and 4. However, if the payment is made to a
QI that is acting as a QDD with respect to the payment, the
withholding agent should instead use exemption code 22
(QDD that assumes primary withholding responsibility).
disposal of timber, coal, or domestic iron ore with a retained
economic interest, and gains relating to contingent payments
received from the sale or exchange of patents, copyrights,
and similar intangible property.
You must report only the amount of cash paid on notional
•
principal contracts.
If reporting payments to artists or athletes who have
•
signed a central withholding agreement (income code 43),
you must report the gross amount paid to the artist or athlete
in box 2 (without any consideration to the expenses to be
taken into account for purposes of determining the amount of
withholding tax pursuant to the central withholding
agreement).
A withholding agent should use exemption code 07 (WP
or WT) only if it is making a payment to a foreign partnership
or trust that has represented on its Form W-8IMY that it is a
WP or WT.
You must report the entire amount of any dividend
•
A withholding agent should use exemption code 08 (U.S.
branch treated as U.S. person) for chapter 3 purposes only if
it is making a payment to a U.S. branch or to a territory FI and
it has represented on its Form W-8IMY that it agrees to be
treated as a U.S. person.
equivalent as determined under Regulations sections
1.871-15(i) and (j).
Box 3
Chapter indicator. If you are reporting amounts in boxes 7
through 9, enter either a “3” or “4” to indicate whether the
amounts were withheld (or paid by the withholding agent)
pursuant to chapter 3 or chapter 4. If you are reporting tax
withheld under section 5000C, or backup withholding was
applied under the presumption rules, enter “3” as if the tax
were a chapter 3 tax.
A withholding agent should use exemption code 10 (QI
represents that income is exempt) for chapter 3 purposes
only if it makes a payment to a QI that has not assumed
primary withholding responsibility under chapters 3 and 4 or
primary backup withholding responsibility, but has
represented on a withholding statement associated with its
Form W-8IMY that the income is exempt from withholding.
Note. Either a “3” or “4” (but not both) must be entered on
each Form 1042-S. If you are not reporting amounts in boxes
7 through 9 because you did not withhold under chapter 3 or
4, you should enter “3.”
A withholding agent should use exemption code 11 (QSL
that assumes primary withholding responsibility) for chapter 3
purposes only if the withholding agent makes a substitute
dividend payment to a financial institution (including a QI)
that represented on its Form W-8IMY that it is acting as a
QSL for the account associated with the form.
If you are reporting payments to U.S. payees, enter “3” and
leave boxes 3a and 3b blank.
Boxes 3a and 4a, Chapter 3 and Chapter 4
Exemption Codes
A withholding agent should use exemption code 12 (payee
subjected to chapter 4 withholding) for chapter 3 purposes if
the recipient has been withheld upon under chapter 4 and
thus chapter 3 withholding does not apply. When reporting a
payment subject to chapter 4 withholding, ensure that 30%
tax is withheld, remitted to the IRS, and correctly reported on
Form 1042-S. See Special instructions for use of chapter 3
exemption codes, later.
In most cases, if the tax rate you entered in box 3b or 4b is
00.00, you may be required to enter the appropriate
applicable for chapter 3 and 4 purposes. In certain cases,
more than one exemption code will apply. See the
instructions below for the applicable codes to determine
which code to use.
If an amount was withheld under chapter 4 (the tax rate
you entered in box 4b is greater than zero and is not due to
backup withholding), enter “00” in box 4a. If the tax rate you
entered in box 4b is 00.00, you must enter the applicable
exemption code (13 through 21) in box 4a. If an amount was
withheld under chapter 3 (the tax rate you entered in box 3b
is greater than zero and is not due to backup withholding),
enter “00” in box 3a. If the tax rate you entered in box 3b is
due to backup withholding, leave box 3a blank.
A withholding agent should use chapter 3 exemption code
23 for distributions made by a QIE to a qualified foreign
pension fund (or an entity all of the interests of which are held
by a qualified foreign pension fund) that are exempt under
section 897(l).
A withholding agent should use chapter 3 exemption code
24 for income paid to a foreign government or an
international organization that is exempt under section 892.
If exemption code 01 or 14 (effectively connected income)
applies, you must enter the recipient's U.S. TIN in box 13e if
26
Instructions for Form 1042-S (2024)
withholding or subject to a reduced rate of withholding, and
the account holder requests a corrected form, you must
submit a Form 1042-S providing the correct information. In
this situation, you must:
Chapter 4 Exemption Codes
A withholding agent should use exemption code 13
(grandfathered payment) for chapter 4 purposes only if the
withholding agent makes a payment under a grandfathered
obligation (as defined in Regulations section 1.1471-2(b)(2))
and exemption code 13 is the only exemption code that
applies. If another exemption code applies, it should be used
instead of exemption code 13.
Indicate the correct rate of withholding that should have
•
been applied to the income in boxes 3b or 4b;
Enter the appropriate exemption codes, if any, in boxes 3a
•
and 4a;
Enter the actual amount of U.S. federal tax withheld by the
•
other withholding agent in box 8;
Provide the name and address of the actual recipient in
•
A withholding agent should use exemption code 15 (payee
not subject to chapter 4 withholding) for chapter 4 purposes if
the payment is a withholdable payment (as defined in
Regulations section 1.1473-1(a)) but has not been withheld
upon under chapter 4 because of the payee's chapter 4
status. Also, if the withholding agent applies the 90-day grace
period for a withholdable payment following a change in
circumstances, use exemption code 15 (payee not subject to
chapter 4 withholding).
boxes 13a through 13d along with the other required
information for the recipient;
Provide the name and EIN of the other withholding agent
•
that actually withheld and deposited the tax (primary
withholding agent) in boxes 14a and 14b; and
Report the account holder's U.S. TIN, if provided.
•
If you submit Form 1042-S as described above, you
must also submit Form 1042 and issue a Form
!
CAUTION
1042-S to each recipient (including any unknown
A withholding agent should use exemption code 16
(excluded nonfinancial payment) for chapter 4 purposes for
payments described in Regulations section 1.1473-1(a)(4)
(iii). However, the withholding agent should only use
exemption code 16 if it is the only exemption code that
applies. If another exemption code applies, it should be used
instead of exemption code 16.
recipient or U.S. payee) of the income to which withholding
was applied.
Special instructions for use of chapter 3 exemption co-
des. If an amount was withheld under chapter 4, you may
also include a chapter 3 exemption code and tax rate in
boxes 3a and 3b to show the rate that would otherwise apply
as if the payment had been later determined to be exempt
from withholding under chapter 4. This may be done, for
example, to assist the beneficial owner in pursuing a claim for
refund. In such a case, enter “4” as the chapter indicator in
box 3 to show that withholding was applied under chapter 4.
A withholding agent should use exemption code 17
(foreign entity that assumes primary withholding
responsibility) for chapter 4 purposes only if it makes a
payment to a QI that assumes primary withholding
responsibility, a WP, or a WT.
Boxes 3b and 4b, Chapter 3 and Chapter 4 Tax
Rates
Enter the correct rate of withholding that applies to the
income in box 2 (gross income) or box 6 (net income), as
appropriate. In the case of a payment subject to chapter 4
withholding, the correct rate of withholding is “30.00.” If the
amount reported in box 2 is not subject to chapter 4
A withholding agent should use exemption code 18 (U.S.
payees – of participating FFI or registered deemed-compliant
FFI) for chapter 4 purposes only if it makes a payment to a
participating FFI or registered deemed-compliant FFI and
only to the extent represented on such FFI's withholding
statement associated with its Form W-8IMY that the payment
is allocable to a chapter 4 withholding rate pool of U.S.
payees and the FFI certifies on its withholding certificate that
the FFI meets the requirements to include the account holder
in a withholding rate pool of U.S. payees.
withholding or is not a withholdable payment, you must enter
“00.00” in box 4b and provide the applicable exemption code
in box 4a. For purposes of chapter 3 withholding, see Valid
if you withheld at a different rate. For example, if an NQI that
is a participating FFI is reporting dividends paid to a
A withholding agent should use exemption code 20
(dormant account) for chapter 4 purposes only if it makes a
withholdable payment to a participating FFI or registered
deemed-compliant FFI that represented on its withholding
statement associated with its Form W-8IMY that the payment
is allocable to a dormant account holder for which the escrow
procedure of Regulations section 1.1471-4(b)(6) applies.
beneficial owner who is exempt from withholding under
chapter 4 and a resident of a country with which the United
States does not have a tax treaty and a U.S. withholding
agent paid the dividend and incorrectly withheld only 15%
under chapter 3 (rather than the required 30%) and the NQI
withholds an additional 15% under chapter 3, the NQI should
Multiple Withholding Agent Rule. The tax rate on dividends
paid to a corporation created or organized in, or under the
law of, the Commonwealth of Puerto Rico may be 10%,
A withholding agent should use exemption code 21
(Other–payment not subject to chapter 4 withholding) for
chapter 4 purposes if the payment is exempt from chapter 4
withholding and no other chapter 4 exemption code applies.
A withholding agent should also use exemption code 21
(Other–payment not subject to chapter 4 withholding) when
using income code 37 (return of capital) to report
nondividend payments.
In the case of a specified federal procurement payment
subject to section 5000C withholding, the correct rate of
withholding is 2% or “02.00.” For Form 1042-S purposes,
report tax withheld under section 5000C in box 3b as if the
tax were a chapter 3 tax.
If you have failed to provide a withholding agent with
appropriate information regarding the status of the person to
whom you are making a payment, the other withholding
agent may be required to withhold on the payment based on
the presumption rules. If the income is in fact exempt from
Enter the tax rate using the following format: two digits, a
decimal point, and two digits (for example, “30.00” for 30%).
However, if the income is exempt from tax under a U.S. tax
27
Instructions for Form 1042-S (2024)
treaty or the Internal Revenue Code, enter “00.00.” If the tax
rate is less than 10%, enter a zero before the tax rate (for
example, “04.00” for 4%).
(ii) and/or 1.1441-3(d) must check box 7b (federal tax
withheld was not deposited with the IRS because escrow
procedures were applied). A withholding agent reporting
payments pursuant to the escrow procedure must report
such payments on separate Forms 1042-S. Box 7b must only
be checked when using the escrow procedures as specified
above.
If you withheld at more than one tax rate for a specific
type of income that you paid to the same recipient,
!
CAUTION
you must file a separate Form 1042-S for each
amount to which a separate rate was applied.
If you are a participating FFI or registered
deemed-compliant FFI that, for chapter 4 purposes, applied
the escrow procedure for dormant accounts, if the payment is
also an amount subject to chapter 3 withholding and tax is
withheld and deposited under chapter 3, do not check
box 7b. Instead, enter “3” in box 3 and complete box 3b to
report the tax withheld under chapter 3.
Box 7c. Check box 7c if you are a partnership that received
an amount subject to withholding during the 2024 calendar
year (preceding year) and you are withholding on the amount
includible in a foreign partner’s share after March 15 of the
subsequent year (2025). Only check this box if you
Valid Tax Rate Table
00.00
02.00
04.00
04.90
04.95
05.00
07.00
08.00
10.00
12.00
12.50
14.00
15.00
17.50
20.00
21.00
24.00
25.00
27.50
28.00
30.00
37.00
designated the deposit as attributable to the preceding year
(2024). In such a case, the partnership will be required to
report the associated income and tax withheld on Forms
1042 and 1042-S for the preceding year. If a partnership
withholds on a foreign partner’s share of income after March
15 of the subsequent year, the due date for filing and
furnishing the applicable Form(s) 1042-S is September 15 of
the subsequent year (2025). For example, if a partnership
withholds on April 1, 2025, with respect to a foreign partner’s
share of undistributed income for the 2024 calendar year, the
partnership may designate the deposit as made for 2024 and
report the liability and tax withheld on the 2024 Form 1042
and the 2024 Form 1042-S for the partner. The partnership
must also ensure that its chapter 3 status code on such forms
properly reflects its status as a partnership (including as a
WP). The extended deadline of September 15, 2024, is also
applicable when a partnership is reporting on Form 1042-S
an allocation of income made after March 15 of the
Exception for central withholding agreements. If you are
the designated withholding agent who has entered into a
central withholding agreement and you report an amount in
box 2 using income code 43 (earnings as an artist or athlete –
central withholding agreement), you must enter a tax rate in
box 3b and you must include a chapter 4 exemption code 16
(excluded nonfinancial payment) in box 4a.
Box 5, Withholding Allowance
This box should be completed only if the income code
reported in box 1 is 16 (scholarship or fellowship grants), 17
(compensation for independent personal services), 18
(compensation for dependent personal services), 19
(compensation for teaching), 20 (compensation during
studying and training), or 42 (earnings as an artist or
athlete-no central withholding agreement), and there is a
valid treaty claim that provides an exemption from
withholding up to a specific amount. Report the amount
exempt from withholding here. This box should not be used
for reporting a personal exemption. If you are a designated
withholding agent that has entered into a central withholding
agreement with the IRS, leave this box blank and report the
more information.
subsequent year to a foreign partner for the prior year, but no
withholding is required on the income. In such a case, box 7c
must also be checked even if there is no withholding. For
more information, see proposed regulations issued on
Box 8. If you are a withholding agent filing a Form 1042-S to
report income that has already been subject to withholding by
another withholding agent, enter the amount actually
withheld by the other agent(s) in box 8.
Box 9, Overwithheld tax repaid to recipient pursuant to
adjustment procedures. This box should be completed
only if you repaid a recipient under the reimbursement or
set-off procedure during the 2025 calendar year in
accordance with the requirements of Regulations section
1.1461-2(a)(2) or (3) (for withholding under chapter 3), or
Regulations section 1.1474-2(a)(3) or (4) (for withholding
under chapter 4).
If you repaid the recipient under the reimbursement or
set-off procedure during the 2024 calendar year, do not
complete box 9. Instead, reduce the amount of withholding
reported in box 7a.
Box 6, Net Income
Complete this box only if you entered an amount in box 5.
Otherwise, leave it blank.
Boxes 7a Through 11, Federal Tax
Withheld
Box 7a. Enter the total amount of U.S. federal tax you
actually withheld in box 7a under chapter 3 or 4. If you did not
withhold any tax, enter “-0-.”
Box 7a must be completed in all cases, even if no tax
has been deposited.
In most cases, an intermediary or flow-through entity
should not enter an amount in box 9 unless it is a QI that
represented on its Form W-8IMY that it is assuming primary
withholding responsibility or is a WP or WT.
!
CAUTION
Box 7b. A withholding agent that withheld tax during the
calendar year and that was not required to deposit with the
IRS the tax withheld during the calendar year pursuant to the
escrow procedure under Regulations sections 1.1471-2(a)(5)
28
Instructions for Form 1042-S (2024)
The adjustment for amounts overwithheld applies to
partnerships, brokers, or nominees required to
withhold under sections 1446(a) and (f) starting in
Note. Withholding agents that are U.S. governmental entities
or U.S. tax-exempt entities, including colleges and
universities, and other U.S. tax-exempt entities under the
Internal Revenue Code other than under section 501(c), may
use chapter 3 status code 20 (Tax exempt organization
(Section 501(c) entities)) for box 12b.
!
CAUTION
2023.
Note. If the withholding agent meets the above
requirements, the withholding agent may make adjustments
to overwithholding using either the reimbursement or set-off
procedure until the extended due date for filing Form 1042-S
(or, if earlier, the date on which the Form 1042-S is either filed
or furnished). Additionally, a withholding agent may use the
extended due date for filing a Form 1042 to claim a credit for
any adjustments made to overwithholding.
Note. A withholding agent should in general select the
chapter 3 status code that most closely applies with its status
based on the available codes. For example, if a U.S. financial
institution (which checks chapter 4 status code 01, as such,
unless it is a foreign branch) is a corporation, it should use
chapter 3 status code 15 (Corporation).
Boxes 12d Through 12i, Withholding
Agent's Name, GIIN, Country Code,
Foreign TIN (if any), and Address
Box 10. Enter in box 10 the combined amounts reported in
box 7a (federal tax withheld), box 8 (tax withheld by other
agents), and box 9 (overwithheld tax repaid to recipient
pursuant to adjustment procedures).
Example. If the box 7a amount is $600, the box 8 amount
is $120, and the box 9 amount is ($50), the box 10 amount
will equal $670.
Enter your name and address in the appropriate boxes. If
your post office does not deliver mail to the street address
and you have a P.O. box, show the box number instead of the
street address.
Box 10 must be completed in all cases, even if no tax
has been deposited.
!
Note. On statements furnished to individual recipients of
U.S. source deposit interest, in addition to your name and
address, you must include the telephone number of a person
to contact. This number must provide direct access to an
individual who can answer questions about the statement.
The telephone number is not required on Copy A of paper
forms or on electronically filed forms.
Box 12e, Withholding agent's GIIN. The GIIN provided, if
any, should be the GIIN issued to the branch of, or
disregarded entity owned by, the participating FFI or
registered deemed-compliant FFI that is making the
payment.
Box 12f, Country code. You must enter the code (from the
are resident under that country's tax laws. Enter “OC” (other
country) only when the country of residence does not appear
on the list.
CAUTION
Box 11, Tax paid by withholding agent (amounts not
withheld). Enter the total amount of tax paid by you and not
withheld from the payment to the recipient. The amounts
reported in box 11 should be the amounts paid by the
withholding agent from its own funds rather than through
withholding from the payment to the recipient. Any amount
reported in this box must not be included in box 10.
Box 12a, Withholding Agent's
Employer Identification Number (EIN)
You are required to enter your EIN. However, if you are filing
Form 1042-S as a QI, WP, or WT, enter your QI-EIN, WP-EIN,
or WT-EIN. The withholding agent's EIN cannot be
truncated.
If you don’t have an EIN, you may apply for one online by
employer-id-numbers. If you are outside the United States,
you may also apply for an EIN by calling 267-941-1099 (not a
toll-free number). You may also apply for an EIN by faxing or
mailing Form SS-4 to the IRS. File amended Forms 1042-S
when you receive your EIN.
Note. If the withholding agent is a U.S. person or a foreign
branch of a U.S. person, enter “US” in box 12f (even though
Boxes 13a Through 13d, Recipient's
Name, Country Code, and Address
To get a QI-EIN, WP-EIN, or WT-EIN, submit Form SS-4
with your application for that status. (See the definitions for
Definitions, earlier, for more information.)
Box 13a, Recipient's name. Enter the complete name of
the recipient in box 13a.
If you do not know the name of the recipient, or are
•
required to use the recipient status codes for an unknown
recipient, enter “Unknown Recipient.” Also enter "Unknown
Recipient" if you pay an amount realized subject to section
1446(f) withholding to an NQI and you do not agree with the
NQI to report the NQI's account holders on Form 1042-S.
Boxes 12b and 12c, Withholding
Agent's Chapter 3 and Chapter 4
Status Code
If Form 1042-S is being completed by a QI, WP, or WT for
•
a chapter 3 withholding rate pool or chapter 4 withholding
pool, enter “Withholding rate pool” if withholding under
chapter 3 was applied, or, if chapter 4 withholding was
applied, a description of the chapter 4 reporting pool (for
example, “Nonparticipating FFI Pool”) in box 13a.
Enter the withholding agent status code(s) from the list of
both a chapter 3 and a chapter 4 withholding agent status
code regardless of the type of payment being made. If you
are a U.S. financial institution (USFI), indicate your chapter 4
status code as 01, except when a foreign branch of a USFI
issues Form 1042-S (in such a case, indicate the chapter 4
status code as 50).
A withholding agent reporting payments made to a
•
participating FFI or registered deemed-compliant FFI with
respect to a chapter 4 reporting pool must include the name
and address of the FFI in boxes 13a through 13g as well as
29
Instructions for Form 1042-S (2024)
the FFI's GIIN and country code. The GIIN reported must be
the GIIN of the branch to whom the withholding agent is
making the payment.
these recipients (excluding a recipient receiving a payment
subject to section 1446(a) or (f) withholding), enter exemption
code 01 in box 3a or exemption code 14 in box 4a.
A QI reporting payments made to a PAI on a withholding
Any foreign person claiming a reduced rate of, or
•
•
rate pool basis must include the name and address of the PAI
in boxes 13a through 13g.
exemption from, tax under a tax treaty between a foreign
country and the United States, unless the recipient provides
an FTIN (in such case, use box 13i), or unless the income is
an unexpected payment (as described in Regulations section
1.1441-6(g)) or consists of dividends and interest from stocks
and debt obligations that are actively traded; dividends from
any redeemable security issued by an investment company
registered under the Investment Company Act of 1940
(mutual fund); dividends, interest, or royalties from units of
beneficial interest in a unit investment trust that are (or were,
upon issuance) publicly offered and are registered with the
Securities and Exchange Commission under the Securities
Act of 1933; and amounts paid with respect to loans of any of
the above securities. In the latter case, you must use income
code 13, 51, 52, 53, or 54.
In the case of foreign joint owners, Form 1042-S can only
•
list one of the owners as the recipient in box 13a. Form
1042-S must not be completed with more than one of the
joint owners as the recipient.
If the recipient is a QI acting as a QDD with respect to the
•
payment, enter the name of the QDD (identifying the QDD by
the name used for the QDD on the Form W-8IMY it provides,
which should include a branch identifier, if applicable).
If a disregarded entity (or a branch) that is required to
•
provide a TIN on Form W-8IMY is identified in Part II of the
Form W-8BEN-E, include the name of the disregarded entity
(or the jurisdiction of the branch) in a parenthetical after the
name of the recipient.
Any nonresident alien individual claiming exemption from
•
Box 13b, Recipient's country code. You must enter the
of which the recipient claims residency under that country's
tax laws. Enter “OC” (other country) only when the country of
residence does not appear on the list or the payment is made
to an international organization (for example, the United
Nations). If the recipient is unknown, leave box 13b blank and
enter "Unknown Recipient" in box 13a, Recipient's name. If
you are making a payment to a QI, QSL, WP, or WT, or if you
are a QI, QSL, WP, or WT and are making a payment to a QI,
WP, or WT withholding rate pool, enter the country code of
the QI, QSL, WP, or WT. Also, if you are making a payment to
a participating FFI or registered deemed-compliant FFI's
chapter 4 reporting pool, enter the country code of the
participating FFI or registered deemed-compliant FFI or
branch of or disregarded entity owned by such FFI receiving
the withholdable payment and that was listed on Part II of
either the Form W-8BEN-E or W-8IMY.
tax under section 871(f) for certain annuities received under
qualified plans.
A foreign organization claiming an exemption from tax
•
solely because of its status as a tax-exempt organization
under section 501(c) or as a private foundation.
Any QI other than a disclosing QI (which is not a recipient).
Any WP or WT.
•
•
•
Any nonresident alien individual claiming exemption from
withholding on compensation for independent personal
services.
Any U.S. branch of an FFI or territory FI that is treated as a
•
U.S. person.
Any QSL that was paid a substitute dividend.
•
In all other cases, if you know the recipient's TIN or if a
foreign person provides a TIN on Form W-8, but is not
required to do so, you must include the TIN on Form 1042-S.
A U.S. TIN is also required on a Form 1042-S used by a
recipient to claim credit for (or a refund of) the withholding.
If exemption code 04 (exempt under tax treaty)
appears in box 3a or if a reduced rate of withholding
!
You must include a GIIN if you are required to collect a
GIIN for the recipient under the requirements documenting
the payee under chapter 4. If you make a payment to a
disregarded entity or branch that is identified in Part II of Form
W-8BEN-E, then report the GIIN of the disregarded entity or
branch provided in that section.
CAUTION
based on a tax treaty is entered in box 3b, the
country code entered in box 13b must be a country with
which the United States has entered into an income tax
treaty.
Boxes 13c and 13d, Recipient's address. In most cases,
you must enter a foreign address in boxes 13c and 13d.
However, there are limited exceptions. For example, you may
enter a U.S. address when reporting payments of scholarship
or fellowship grants (income code 16).
For addresses outside the United States or its
commonwealths and territories, follow the foreign country's
practice for entering the postal code.
Boxes 13f and 13g, Recipient’s
Chapter 3 and Chapter 4 Status
Codes
Enter the recipient status code from the list of Recipient
instructions apply for chapter 3 status codes.
For addresses within the United States, use the U.S.
Postal Service two-letter abbreviation for the state name. Do
not enter “United States” or “U.S.”
If income code 42 (earnings as an artist or athlete – no
•
central withholding agreement) or 43 (earnings as an artist or
athlete – central withholding agreement) is used in box 1, use
recipient code 22 (artist or athlete) instead of recipient code
16 (individual), 15 (corporation), or 08 (partnership other than
withholding foreign partnership or publicly traded
partnership).
If you want to enter the recipient's account number, use
box 13k.
Boxes 13e and 13h, Recipient's U.S.
TIN and GIIN
If you are making a payment to an NQI or flow-through
•
entity, in most cases you must use the recipient code that
applies to the type of recipient who receives the income from
the NQI or flow-through entity.
You must obtain and enter a U.S. TIN for any of the following
recipients.
Any recipient whose income is effectively connected with
•
Use recipient code 08 (partnership other than withholding
•
the conduct of a trade or business in the United States. For
foreign partnership or publicly traded partnership) only if you
30
Instructions for Form 1042-S (2024)
are reporting a payment of income that is effectively
connected with the conduct of a trade or business of an NWP
in the United States or that is subject to reporting under
section 1446(f). You may, however, use recipient code 08 as
the chapter 3 status code if you are using a chapter 4 pooled
reporting code with respect to a payment made to an NWP.
See the instructions later on use of recipient codes when
reporting pools. Otherwise, follow the rules that apply to
payments to flow-through entities.
entity that is a participating FFI or registered
deemed-compliant FFI.
Only use recipient code 15 (nonparticipating FFI) or 30
•
(recalcitrant account holder) if you are reporting directly to the
recipient. See Amounts paid to an NQI or flow-through entity
of withholdable payments, earlier. If you are reporting the
chapter 4 reporting pools of recalcitrant account holders of a
participating FFI, registered deemed-compliant FFI, or QI,
use codes 42 through 49. Only use chapter 4 reporting pool
code 48 (U.S. payees pool) if a participating FFI or registered
deemed-compliant FFI has provided a Form W-8IMY
certifying that it meets the requirements to include the
account holder in a withholding rate pool of U.S. payees and
that is associated with a withholding statement allocating the
payment or a portion of the payment to a chapter 4
Use recipient code 21 (Unknown Recipient) only if you
•
have not received a withholding certificate or other
documentation for a recipient or you cannot determine how
much of a payment is reliably associated with a specific
recipient, or you pay an amount realized subject to section
1446(f) withholding to an NQI and you do not agree with the
NQI to report the NQI's account holders on Form 1042-S. Do
not use this code because you cannot determine the
recipient's status as an individual, corporation, etc. The
regulations under chapter 3 provide rules on how to
determine a recipient's status when a withholding agent does
not have the necessary information.
withholding rate pool of U.S. payees. Only use chapter 4
reporting pool code 49 (QI-Recalcitrant Pool-General) if you
are reporting recalcitrant account holders of a QI.
Use recipient code 17 (U.S. branch - treated as a U.S.
•
person) if you are making a payment to a U.S branch treated
as a U.S. person (or recipient code 04 for a Territory FI
treated as a U.S. person).
Use recipient code 13 (qualified securities lender –
•
qualified intermediary) or 14 (qualified securities lender –
other) if you make a payment to a QSL.
Use recipient code 26 (excepted NFFE – other) if you are
•
reporting to an NFFE treated as a U.S. person.
Only use recipient code 29 (unknown recipient) if you have
Only a QI may use recipient codes 29 (PAI withholding rate
•
•
pool – general) and 30 (PAI withholding rate pool – exempt
organizations). Only a QI, WP, or WT that made a pooled
reporting election for chapter 3 purposes may use recipient
codes 31 (agency withholding rate pool – general), 32
(agency withholding rate pool – exempt organization), 27
(withholding rate pool – general), and 28 (withholding rate
pool – exempt organization) for chapter 3 purposes.
not received a withholding certificate or other documentation
with respect to a withholdable payment from an intermediary
or flow-through entity. Only use this code if you also used
recipient code 21 (unknown recipient) as the chapter 3 status
code. If you have not received a withholding certificate or
other documentation from an intermediary or flow-through
entity, you must include the entity’s information in boxes 15a
through 15i. You may also use recipient code 29 if you are
reporting a withholdable payment to a recipient that is not
subject to withholding under the terms of an IGA and the
recipient's account is not required to be reported as a U.S.
account or nonconsenting U.S. account (for example, an
undocumented individual with no U.S. indicia).
Recipient code 28 or 30 should be used only for pooled
account holders that have claimed an exemption based on
their tax-exempt status and not some other exemption (for
example, treaty or other Internal Revenue Code exception). A
QI acting as a QDD may use only pooled reporting codes 27
and 28. If you are a QI (including a QI acting as a QDD), WP,
WT, or QSL using a chapter 3 pooled reporting code with
respect to a payment, do not include a chapter 4 status code
unless making such payment to a PAI or certain partnerships
Use recipient code 33 (U.S. reportable account) if you are
•
reporting the recipient's account as a U.S. reportable account
under the terms of a Model 1 IGA and the recipient does not
meet the applicable requirements to be included in a pool of
U.S. payees because the account holder is subject to
chapter 3 withholding.
Use recipient code 35 (qualified derivatives dealer) if you
•
make a payment to a QI that is acting as a QDD with respect
to the payment.
Use recipient code 34 (Nonconsenting U.S. account) if you
•
are reporting the recipient's account as a nonconsenting U.S.
account under the terms of a Model 2 IGA and the recipient
does not meet the applicable requirements to be included in
a pool of U.S. payees because the account holder is subject
to chapter 3 withholding.
A U.S. withholding agent making a payment to any other
•
QI (other than a disclosing QI) should use recipient code 12
and recipient code 09 or 11 if it is making a payment to a WP
or WT, respectively.
Use recipient code 05 (U.S. branch-treated as U.S.
Use recipient code 37 (undocumented preexisting
•
•
person) if you make a payment to a U.S. branch or territory FI
treated as a U.S. person.
obligation) for an obligation that a withholding agent has not
documented and the payment being reported was made
before the expiration of the time period allowed for
documenting the obligation and thus the withholding agent
was not required to apply the presumption rules to determine
the payee's chapter 4 status.
A chapter 4 status code is required only if the payment
is a withholdable payment or when a participating FFI or
registered deemed-compliant FFI provides a chapter 4
withholding rate pool of U.S. payees. The chapter 4 status
code may be determined under the applicable IGA by a
withholding agent that is an FFI subject to such an
agreement. The following special instructions apply for
chapter 4 status codes.
Use recipient code 39 (account holder of excluded
•
financial account) if you are reporting amounts paid with
respect to an obligation that is excluded from the definition of
financial account for chapter 4 purposes (see Regulations
section 1.1471-5(b)(2)).
If you are making a withholdable payment to a U.S. branch
•
Use recipient code 41 (NFFE subject to 1472 withholding)
•
of an FFI, use the applicable chapter 4 status code for the
country of residence for an entity that is a participating FFI or
registered deemed-compliant FFI. Otherwise, use the
chapter 4 status code for any other foreign branch of the
if you are reporting amounts paid to a specific recipient that is
an NFFE that you (or another withholding agent) withheld
upon under section 1472 (that is, you are reporting amounts
31
Instructions for Form 1042-S (2024)
in boxes 7 through 9) unless the NFFE is treated as a
recalcitrant account holder under Regulations section
1.1471-5(g), in which case, use code 30 (recalcitrant account
holder).
Box 13k, Recipient’s Account Number
If you are a financial institution reporting amounts paid to your
direct account holder with respect to an account maintained
by you at your U.S. office or U.S. branch, you must report the
recipient’s account number in box 13k. If the amount is paid
through an NQI or flow-through entity, you are not required to
use this box.
If you received a withholding certificate or other
•
documentation with respect to a withholdable payment from
an intermediary or flow-through entity that is a participating
FFI or deemed-compliant FFI (other than a WP, WT, or QI that
assumes primary withholding responsibility) and cannot
reliably associate the payment with documentation to
determine the payee's chapter 4 status (or with a chapter 4
withholding rate pool), you must report the recipient as
“Unknown Recipient” and include the entity's information in
boxes 15a through 15i (to the extent provided).
Note. A U.S. financial institution or a U.S. branch of an FFI is
required to report payments of the same type of income (as
determined by the income code in box 1) made to multiple
financial accounts held by the same beneficial owner at a
U.S. office of such institution on a separate Form 1042-S for
each account. For this purpose, a financial account is an
account described in Regulations section 1.1471-5(b)(1).
Report the identifying number assigned to such account (or
its functional equivalent in the absence of an account number
for the recipient).
If you are reporting a chapter 4 pooled reporting code with
•
respect to a withholdable payment to an intermediary or
flow-through entity, use the chapter 3 status code for the
intermediary or flow-through entity as the recipient code.
If you are a QI, WP, or WT reporting direct account holders,
•
do not include a chapter 3 status code for the recipient if you
are using a chapter 4 reporting pool code as the recipient’s
chapter 4 status code.
Box 13l, Recipient’s Date of Birth
Use box 13l to enter the recipient’s date of birth. The correct
format if entered is YYYYMMDD (for example, enter
“20001205” for a date of birth of December 5, 2000). A
financial institution making a payment with respect to a
financial account (as defined in Regulations section
1.1471-5(b)) maintained at its U.S. office or U.S. branch must
report the recipient's date of birth (if the recipient is an
individual) to the extent that such recipient has furnished
documentation that provides a date of birth or the recipient's
date of birth is identified in any of the withholding agent's
files. See Regulations section 1.1441-1(e)(2)(ii)(B) for more
information regarding a withholding agent's obligation to
obtain and report a recipient's date of birth.
If you are making a withholdable payment to a recipient
•
that is a restricted distributor (as defined in Regulations
section 1.1471-5(f)(4)), use recipient code 10 (certified
deemed-compliant FFI - other).
Box 13i, Recipient's Foreign Tax
Identification Number
Use box 13i to enter the recipient’s identification number
used in the recipient’s country of residence for tax purposes.
You must obtain and enter an FTIN for any of the following
recipients.
Any foreign person claiming a reduced rate of, or
•
Boxes 14a and 14b, Primary
exemption from, tax under a tax treaty between a foreign
country and the United States if such person did not provide
a U.S. TIN and the income is not the type for which an
exemption from the TIN requirement applies (see the
Withholding Agent's Name and EIN
If you are an intermediary or flow-through entity reporting
amounts withheld by another withholding agent (the primary
withholding agent) in box 8, you must provide the name and
EIN of the withholding agent that withheld the tax. If multiple
withholding agents withheld amounts reported on the same
Form 1042-S, report the name of any one of the withholding
agents that withheld amounts. Otherwise, leave blank.
Any recipient of a payment made with respect to a financial
•
account (as defined in Regulations section 1.1471-5(b))
maintained at your U.S. office or branch, if you are a financial
institution, to the extent that such recipient has furnished a
withholding certificate that provides an FTIN, or you obtain
the FTIN under the alternative procedures described in
Regulations section 1.1441-1(e)(2)(ii)(B), or the recipient's
FTIN is identified in any of your electronically searchable
information. See Regulations section 1.1441-1(e)(2)(ii) for
more information regarding a withholding agent's obligation
to obtain and report a recipient's FTIN.
Box 15, Pro-Rata Basis Reporting
Checkbox
Withholding agents must check box 15 to notify the IRS that
an NQI that used the alternative procedures of Regulations
section 1.1441-1(e)(3)(iv)(D) failed to properly comply with
additional information.
Box 13j, LOB Code
If you are making a payment for which a beneficial owner that
is an entity has claimed a reduced rate of withholding under
an income tax treaty and has provided documentation that
establishes the limitation on benefits (LOB) article under
which the beneficial owner qualifies, enter the applicable
Form W-8BEN-E for a description of each of the LOB codes.
If you are a QI, WP, or WT reporting a chapter 3 pool for
which a reduced rate of withholding under an income tax
treaty applies, do not include an LOB code.
Boxes 15a Through 15i, Intermediary/
Flow-Through Entity's Name, Status
Code, Country Code, Address, EIN,
GIIN, and Foreign Tax Identification
Number
If you are reporting amounts subject to reporting for chapter 3
or 4 purposes paid to a recipient whose withholding
certificates or other documentation has been submitted to
you (or should have been submitted to you) with a Form
W-8IMY provided by an intermediary or flow-through entity,
32
Instructions for Form 1042-S (2024)
you must include the name and address of the intermediary
or flow-through entity with whose Form W-8IMY the
withholding included on each form. Therefore, the total
amounts reported on Forms 1042-S in box 2 (gross income)
resulting from the distribution may, in some cases, exceed the
actual amount of the distribution.
recipient's Form W-8 or other documentation is associated.
You must also include the intermediary or flow-through
entity's chapter 3 and chapter 4 status codes and, if any, the
TIN and GIIN of the intermediary or flow-through entity when
provided or required to be collected by the withholding agent.
If the intermediary or flow-through entity completed Part II of
Form W-8IMY, then report the GIIN provided in that section. If
you are making a payment to a U.S. branch not treated as a
U.S. person that has certified that it is applying the rules in
Regulations section 1.1471-4(d)(2)(iii)(C) (in order to avoid
being withheld upon under chapter 4), use chapter 4
intermediary code 18 (U.S. branch - not treated as a U.S.
person (reporting under section 1471)).
Boxes 17a Through 17c, State Income
Tax Withheld and Related Information
Include in these boxes information relating to any state
income tax withheld.
Amended Forms
If you filed a Form 1042-S with the IRS and later discover you
made an error on it, you must correct it as soon as possible.
To correct a previously filed Form 1042-S, you will need to file
an amended Form 1042-S. The amended form must have the
same unique form identifier as the original form that is being
amended. You must check the “Amended” box and provide
the amendment number. The amendment number must be
numeric and the length must be exactly one digit. Each time
that you amend the same form (as determined by the unique
form identifier), you must provide the amendment number in
the box provided on the form (using “1” for the first
Note. A withholding agent that is an intermediary or
flow-through entity will leave these boxes blank unless it is
making the payment to an intermediary or flow-through entity.
Box 15f, Country code. You must enter the country code
the intermediary or flow-through entity is located.
Box 15g, Intermediary or flow-through entity's foreign
tax identification number. Use box 15g to enter the
intermediary or flow-through entity's identifying number used
in the country of residence for tax purposes. Box 15g is
optional.
amendment and increasing sequentially for each subsequent
amendment).
If you provide an amended Form 1042-S to a
recipient, you must also file the amended form with
!
CAUTION
the IRS.
Boxes 16a Through 16e, Payer's
Name, TIN, GIIN, and Status Code
Do not file an amended return if you provided Form
1042-S to the recipient (Copies B, C, and D) and need to
make corrections to such form prior to filing with the IRS. In
such a case, you should file an original Form 1042-S with the
correct information. Do not check the “Amended” box or
indicate any amendment number. Provide a copy of the
corrected Form 1042-S to the recipient. Note that the copies
of the Form 1042-S provided to the recipients (Copies B, C,
and D) must match the copy of the Form 1042-S that is filed
with the IRS.
Definitions. Include the payer's name, TIN, and GIIN if
different from the withholding agent shown in boxes 12a, 12d,
and 12e.
If payment is being made by a transfer agent or a paying
agent acting as a withholding agent on behalf of a payer,
enter the chapters 3 and 4 status codes applicable to the
status of the payer in boxes 16d and 16e.
If you are a nominee that is the withholding agent for the
amount of a PTP distribution subject to withholding under
section 1446(a) (reporting income code 27), enter the PTP's
information in boxes 16a through 16e. However, you must
enter the PTP's EIN, GIIN (if any), and chapter 4 status only if
included in your records for the PTP interest that relates to
the distribution. This includes information in your securities
master file (or similar document), or that is reported in a
qualified notice issued by the PTP during the year of the
distribution. A nominee should also enter the PTP information
when using income code 58 (undetermined income) to report
a PTP distribution or when using income code 57 to report an
amount realized attributable to a PTP distribution.
If any information you correct on Form(s) 1042-S changes
the information you previously reported on Form 1042, you
must also correct the Form 1042 by filing an amended return.
If you are not filing electronically, follow these steps to
amend a previously filed Form 1042-S.
Step 1. Prepare a paper Form 1042-S.
Enter all the correct information on the form, including the
•
recipient name and address, money amounts, and codes.
Enter an “X” in the “Amended” box at the top of the form
•
and enter the amendment number.
Amended checkbox. Enter an “X” in the “Amended”
checkbox of Copies A, B, C, D, and E only if you are
amending a Form 1042-S you previously filed with the IRS.
You must provide statements to recipients showing the
corrections as soon as possible regardless of the change to
the Form 1042-S.
Step 2. File the amended paper Form 1042-S with a Form
filing these forms.
Note. You must issue a separate Form 1042-S to complete
boxes 16a through 16e for each PTP that makes a
distribution of any of these types of income to the recipient.
This requirement does not apply to a withholding agent or QI
when reporting on a Form 1042-S using reporting pools.
A PTP may report the same amount of a PTP distribution
on a qualified notice as subject to both section 1446(f)
withholding and other chapter 3 or 4 withholding (such as
under section 1446(a)). See Regulations sections
If you fail to correct Form(s) 1042-S, you may be
1.1446-4(b)(4) and 1.1446(f)-4(c)(2)(iii). In this case, you
must report the same amount on separate Forms 1042-S,
with the appropriate income code and associated amount of
!
CAUTION
33
Instructions for Form 1042-S (2024)
unless the form displays a valid OMB control number. Books
or records relating to a form or its instructions must be
retained as long as their contents may become material in the
administration of any Internal Revenue law. Generally, tax
returns and return information are confidential, as required by
section 6103.
Privacy Act and Paperwork Reduction Act Notice. We
ask for the information on this form to carry out the Internal
Revenue laws of the United States. Sections 1441, 1442,
1446 (for PTPs), 1471, and 1472 require withholding agents
to report and pay over to the IRS taxes withheld from certain
U.S. source income. Form 1042-S is used to report the
amount of income and withholding to the payee. Form 1042
is used to report the amount of withholding that must be paid
over to the IRS. Section 6109 requires you to provide your
identification number. Routine uses of this information
include giving it to the Department of Justice for civil and
criminal litigation, and to cities, states, the District of
The time needed to complete and file this form will vary
depending on individual circumstances. The estimated
average time is 34 minutes.
If you have comments concerning the accuracy of these
time estimates or suggestions for making this form simpler,
we would be happy to hear from you. You can send us
Internal Revenue Service, Tax Forms and Publications, 1111
Constitution Ave. NW, IR-6526, Washington, DC 20224. Do
not send the form to this address. Instead, see Where, When,
Columbia, and U.S. commonwealths and territories for use in
administering their tax laws. We may also disclose this
information to other countries under a tax treaty, to federal
and state agencies to enforce federal nontax criminal laws, or
to federal law enforcement and intelligence agencies to
combat terrorism. If you fail to provide this information in a
timely manner, you may be liable for penalties and interest.
You are not required to provide the information requested
on a form that is subject to the Paperwork Reduction Act
34
Instructions for Form 1042-S (2024)
35
Index
A
Q
G
Global intermediary identification
number 7
R
Recipient 8
I
Amounts not subject to
reporting 10
Instructions for withholding
Amounts paid by QIs to certain
agents 24
Reminders 1
Intermediary 7
Assistance 4
L
M
S
B
Specified federal procurement
payments made to foreign
persons 22
N
Specified notional principal
C
contract 8
Nonqualified intermediaries and
Penalty for filing incorrect substitute
form 4
T
D
Nonwithholding foreign partnership
Definitions 5
P
Payee 7
U
U.S. branch treated as a U.S.
Payments by U.S. withholding
person 8
agents 13
E
Payments made to
non-recipients 16
V
Penalties 23
Excepted nonfinancial foreign
entity 7
W
Expatriate 6
Privacy Act and Paperwork
Pro-rata basis reporting
F
checkbox 32
Withholding foreign partnership or
Foreign Account Tax Compliance
Act 2
36
Appendix A
Box 1 Income Codes
Code
Interest Income
13
14
15
16
17
18
19
Royalties paid on certain publicly offered securities1
01
02
03
04
05
22
Interest paid by U.S. obligors – general
Interest paid on real property mortgages
Interest paid to controlling foreign corporations
Interest paid by foreign corporations
Interest on tax-free covenant bonds
Interest paid on deposit with a foreign branch of a
domestic corporation or partnership
Deposit interest
Real property income and natural resources royalties
Pensions, annuities, alimony, and/or insurance premiums
Scholarship or fellowship grants
Compensation for independent personal services2
Compensation for dependent personal services2
Compensation for teaching2
29
30
31
33
51
20
23
24
25
26
Compensation during studying and training2
Other income
Original issue discount (OID)
Short-term OID
Qualified investment entity (QIE) distributions of capital gains
Trust distributions subject to IRC section 1445
Unsevered growing crops and timber distributions by a trust
subject to IRC section 1445
Substitute payment – interest
Interest paid on certain actively traded or publicly offered
securities1
54
Substitute payments – interest from certain actively
traded or publicly offered securities1
27
Publicly traded partnership distributions subject to IRC section
1446(a)
28
32
35
36
37
38
Gambling winnings3
Code
06
Dividend Income
Dividends paid by U.S. corporations – general
Dividends qualifying for direct dividend rate
Dividends paid by foreign corporations
Substitute payment–dividends
Notional principal contract income4
Substitute payment – other
07
Capital gains distributions
08
Return of capital
34
Eligible deferred compensation items subject to IRC section
877A(d)(1)
40
52
53
56
Other dividend equivalents under IRC section 871(m)
39
41
42
43
Distributions from a nongrantor trust subject to IRC section 877A(f)
(1)
Dividends paid on certain actively traded or publicly
offered securities1
Guarantee of indebtedness
Substitute payments–dividends from certain actively
traded or publicly offered securities1
Earnings as an artist or athlete – no central withholding
agreement5
Dividend equivalents under IRC section 871(m) as a
result of applying the combined transaction rules
Earnings as an artist or athlete – central withholding agreement5
44
50
55
57
58
Specified federal procurement payments
Code
09
Other Income
Capital gains
Income previously reported under escrow procedure6
Taxable death benefits on life insurance contracts
Amount realized under IRC section 1446(f)
10
Industrial royalties
11
Motion picture or television copyright royalties
Other royalties (for example, copyright, software,
broadcasting, endorsement payments)
Publicly traded partnership distributions - undetermined
12
1 This code should only be used if the income paid is described in Regulations section 1.1441-6(c)(2) and the withholding agent has reduced the
rate of withholding under an income tax treaty without the recipient providing a U.S. or foreign TIN.
2 If compensation that would otherwise be covered under Income Codes 17 through 20 is directly attributable to the recipient's occupation as an
artist or athlete, use Income Code 42 or 43 instead.
3 Subject to 30% withholding rate unless the recipient is from one of the treaty countries listed under Gambling winnings (Income Code 28) in Pub.
515.
4 Use appropriate Interest Income Code for interest from a notional principal contract where nonperiodic payment(s) is treated as a loan.
5 Income Code 43 should only be used if Letter 4492, Venue Notification, has been issued by the IRS (otherwise, use Income Code 42 for earnings
as an artist or athlete). If Income Code 42 or 43 is used, Recipient Code 22 (artist or athlete) should be used instead of Recipient Code 16
(individual), 15 (corporation), or 08 (partnership other than withholding foreign partnership or publicly traded partnership).
6 Use only to report gross income the tax for which is being deposited in the current year because such tax was previously escrowed for chapters 3
and 4 and the withholding agent previously reported the gross income in a prior year and checked the box to report the tax as not deposited under
the escrow procedure. See the instructions for this form for further explanation.
37
Appendix B
Exemption Codes, Recipient Status Codes, and Box 13j LOB Codes
Boxes 3a and 4a. Exemption code (applies if the tax rate entered Boxes 12b, 12c, 13f, 13g, 15b, 15c, 16d, and 16e. Chapter 3 and
in box 3b or 4b is 00.00).
Chapter 4 Status Codes (used to identify the type of Withholding
Agent, Recipient, Intermediary, or Payer).
Code
Chapter 3
01
Authority for Exemption
Chapter 3 Status Codes
05
06
07
08
U.S. branch – treated as U.S. Person10
U.S. branch – not treated as U.S. Person11
U.S. branch – ECI presumption applied
Partnership other than Withholding Foreign Partnership or
Publicly Traded Partnership
Withholding Foreign Partnership
Trust other than Withholding Foreign Trust
Withholding Foreign Trust
Effectively connected income
Exempt under IRC7
02
03
04
05
06
07
08
10
11
12
22
23
24
Income is not from U.S. sources
Exempt under tax treaty
09
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Portfolio interest exempt under IRC
QI that assumes primary withholding responsibility
WFP or WFT
Qualified Intermediary
U.S. branch treated as U.S. Person
QI represents that income is exempt
QSL that assumes primary withholding responsibility
Payee subjected to chapter 4 withholding
QDD that assumes primary withholding responsibility
Exempt under section 897(l)
Qualified Securities Lender – Qualified Intermediary
Qualified Securities Lender – Other
Corporation
Individual
Estate
Private Foundation
Exempt under section 892
International Organization
Tax Exempt Organization (Section 501(c) entities)
Unknown Recipient
Chapter 4
13
14
15
16
17
Grandfathered payment
Artist or Athlete
Effectively connected income
Pension
Payee not subject to chapter 4 withholding
Excluded nonfinancial payment
Foreign Entity that assumes primary withholding
responsibility
Foreign Central Bank of Issue
Nonqualified Intermediary
Hybrid entity making Treaty Claim
18
U.S. Payees – of participating FFI or registered
deemed-compliant FFI
35
36
37
38
39
Qualified Derivatives Dealer
19
20
21
Exempt from withholding under IGA8
Dormant account9
Foreign Government – Integral Part
Foreign Government – Controlled Entity
Publicly Traded Partnership
Other – payment not subject to chapter 4 withholding
Disclosing Qualified Intermediary
Pooled Reporting Codes12
27
28
29
30
31
32
Withholding Rate Pool – General
Withholding Rate Pool – Exempt Organization
PAI Withholding Rate Pool – General
PAI Withholding Rate Pool – Exempt Organization
Agency Withholding Rate Pool – General
Agency Withholding Rate Pool – Exempt Organization
7 This code should only be used if no other specific chapter 3 exemption code applies.
8 Use only to report a U.S. reportable account or nonconsenting U.S. account that is receiving a payment subject to chapter 3 withholding.
9 Use only if applying the escrow procedure for dormant accounts under Regulations section 1.1471-4(b)(6).
10 This code can be used by a territory FI that is treated as a U.S. person.
11 This code can be used by a territory FI that is not treated as a U.S. person.
12 Codes 27 through 32 should only be used by a QI, QSL, WP, or WT. A QI acting as a QDD may use only code 27 or 28.
38
Appendix B (continued)
Exemption Codes, Recipient Status Codes, and Box 13j LOB Codes (continued)
Boxes 12b, 12c, 13f, 13g, 15b, 15c, 16d, and 16e. Chapter 3 and
Chapter 4 Status Codes (continued).
34
Nonconsenting U.S. account
Chapter 4 Status Codes
35
36
37
38
39
40
41
50
Sponsored direct reporting NFFE
01
02
03
04
05
06
07
U.S. Withholding Agent – FI
Excepted Inter-affiliate FFI
U.S. Withholding Agent – Other
Undocumented Preexisting Obligation
U.S. branch – ECI presumption applied
Account Holder of Excluded Financial Account13
Passive NFFE reported by FFI14
Territory FI – not treated as U.S. Person
Territory FI – treated as U.S. Person
Participating FFI – Other
Participating FFI – Reporting Model 2 FFI
Registered Deemed-Compliant FFI – Reporting Model 1
FFI
NFFE subject to 1472 withholding
U.S. Withholding Agent–Foreign branch of FI
08
09
10
11
Registered Deemed-Compliant FFI – Sponsored Entity
Registered Deemed-Compliant FFI – Other
Certified Deemed-Compliant FFI – Other
Certified Deemed-Compliant FFI – FFI with Low Value
Accounts
Pooled Reporting Codes
42
43
44
Recalcitrant Pool – No U.S. Indicia
Recalcitrant Pool – U.S. Indicia
Recalcitrant Pool – Dormant Account
12
Certified Deemed-Compliant FFI – Nonregistering Local
Bank
45
Recalcitrant Pool – U.S. Persons
13
14
Certified Deemed-Compliant FFI – Sponsored Entity
Certified Deemed-Compliant FFI – Investment entity that
does not maintain financial accounts
Nonparticipating FFI
46
47
Recalcitrant Pool – Passive NFFEs
Nonparticipating FFI Pool
15
16
17
18
48
49
U.S. Payees Pool
Owner-Documented FFI
QI-Recalcitrant Pool-General15
U.S. Branch – treated as U.S. person
U.S. Branch – not treated as U.S. person (reporting
under section 1471)
Box 13j. LOB Code (enter the code that best describes the
applicable limitation on benefits (LOB) category that
qualifies the taxpayer for the requested treaty benefits).
19
20
21
Passive NFFE identifying Substantial U.S. Owners
Passive NFFE with no Substantial U.S. Owners
Publicly Traded NFFE or Affiliate of Publicly Traded NFFE
Code
02
LOB Treaty Category
Government – contracting state/political subdivision/local
authority
22
23
24
25
26
27
28
Active NFFE
03
04
05
06
07
08
09
Tax exempt pension trust/Pension fund
Tax exempt/Charitable organization
Publicly traded corporation
Individual
Section 501(c) Entities
Excepted Territory NFFE
Excepted NFFE – Other
Exempt Beneficial Owner
Entity Wholly Owned By Exempt Beneficial Owners
Subsidiary of publicly traded corporation
Company that meets the ownership and base erosion test
Company that meets the derivative benefits test
Company with an item of income that meets the active trade or
business test
29
30
31
32
33
Unknown Recipient
10
11
12
Discretionary determination
Recalcitrant Account Holder
Nonreporting IGA FFI
Direct reporting NFFE
U.S. reportable account
Other
No LOB article in treaty
13 This code should only be used if income is paid to an account that is excluded from the definition of financial account under Regulations section
1.1471-5(b)(2) or under Annex II of the applicable Model 1 IGA or Model 2 IGA.
14 This code should only be used when the withholding agent has received a certification on the FFI withholding statement of a participating FFI or
registered deemed-compliant FFI that maintains the account that the FFI has reported the account held by the passive NFFE as a U.S. account (or
U.S. reportable account) under its FATCA requirements. The withholding agent must report the name and GIIN of such FFI in boxes 15d and 15e.
15 This code should only be used by a withholding agent that is reporting a payment (or portion of a payment) made to a QI with respect to the QI’s
recalcitrant account holders.
39
Appendix C
Comprehensive analysis of Example 1 under Payments directly to beneficial owners or partners, earlier.
DIRECT PAYMENT TO BENEFICIAL OWNER
WA, a U.S. corporate withholding agent who is an issuer of stock and not a financial institution, makes a $1,000 payment of U.S. source dividends to
A, a foreign individual who has provided a Form W-8BEN to WA and who is not eligible for a reduced rate of chapter 3 withholding under a treaty.
Before completing Form 1042-S, WA takes the following steps.
Step 1:
Step 2:
Step 3:
Because the payment is a payment described under Amounts Subject to Reporting on Form 1042-S, earlier, WA determines it has a
Form 1042-S filing obligation.
Because WA is making a payment of U.S. source FDAP income, WA determines the payment meets the definition of both a “withholdable
payment” under chapter 4 and “an amount subject to withholding” under chapter 3.
Because the payment is being made to an individual (and not a nonparticipating FFI or an NFFE that is not an excepted NFFE that has
failed to disclose its substantial U.S. owners (or certify that it has no substantial U.S. owners) (see definitions of these terms)), WA
determines that the payment is not subject to chapter 4 withholding. Because the payment is not subject to chapter 4 withholding but is
an amount subject to withholding under chapter 3, WA determines that chapter 3 is the correct chapter indicator. WA will thus enter a "3"
in box 3 (chapter indicator).
Note. Although the payment is properly classified as a chapter 3 payment, WA must complete certain boxes on Form 1042-S that pertain to
chapter 4 (see explanations for boxes 4a, 4b, and 13g below).
WA must file a Form 1042-S for A and complete it as follows.
Caution: Be sure to read the instructions for each box or field in its entirety before completing a box or field on Form 1042-S.
WA must provide a unique form identifier (UFI) in the applicable entry field at the top of Form 1042-S. For additional information, including UFI
Box
Description
Required Entry
Comments
WA enters “06” (dividends paid by U.S. corporations - general), which is the appropriate
1
2
3
Income code
Gross income
Chapter indicator
“06”
“1000”
“3”
WA enters the gross amount paid (in whole dollars), including withheld tax.
WA enters “3” to indicate that amounts were withheld pursuant to chapter 3.
WA enters “00” because an amount was withheld under chapter 3 and the tax rate is greater
earlier).
Chapter 3 exemption
code
3a
3b
“00”
WA enters “30.00” consistent with the formatting specified in the instructions for boxes 3b
Chapter 3 tax rate
“30.00”
and 4b, earlier.
WA enters “15” (payee not subject to chapter 4 withholding), which is the appropriate
Note. WA uses exemption code 15 because the payment is a withholdable payment, but
has not been withheld upon under chapter 4 because of the payee's chapter 4 status (an
individual and not a person subject to chapter 4 withholding as explained in the instructions
Chapter 4 exemption
code
4a
4b
“15”
WA enters “00.00” because the amount reported in box 2 is not subject to chapter 4
Chapter 4 tax rate
“00.00”
WA leaves box 5 blank because the income code it is reporting in box 1 is not one of the
codes specified in the instructions for which box 5 reporting is required. See the instructions
WA leaves box 6 blank because it did not enter an amount in box 5.
WA enters “300” (30% of $1,000).
5
6
7a
Withholding allowance
Net income
Federal Tax Withheld
“300”
Check if Federal Tax
Withheld was not
deposited with the IRS
because escrow
7b
procedures were applied
WA does not check the box because it is not using an escrow procedure.
Check if withholding
occurred in subsequent
year with respect to a
partnership interest
7c
8
WA does not check the box because it did not withhold in a subsequent year.
WA leaves box 8 blank because tax was not withheld by other withholding agents.
Tax withheld by other
agents
Overwithheld tax repaid
to recipient pursuant to
adjustment procedures
WA leaves box 9 blank because it did not repay overwithheld tax to the recipient under the
reimbursement procedure or the set-off procedure. For more information, see the
9
10
Total withholding credit
“300”
WA enters “300” (combining boxes 7a, 8, and 9).
Tax paid by withholding
agent (amounts not
withheld)
WA leaves box 11 blank because it withheld on the payment to the recipient (as opposed to
earlier.
11
Specific
information
required
Although WA's EIN is not specified in this example, this is a required field that WA would
complete.
12a
Withholding agent's EIN
40
Appendix C (continued)
Box
Description
Required Entry
Comments
WA enters “15” in box 12b and “02” in box 12c because it is a U.S. corporate withholding
Withholding agent's
chapter 3 and chapter 4
status codes
agent that is not a financial institution.
Note. WA must enter both a chapter 3 and a chapter 4 withholding agent status code
regardless of the type of payment being reported.
12b–c
12d
“15” and “02”
“WA”
Withholding agent's
name
WA must enter its complete name.
Withholding agent's
GIIN
WA leaves this box blank because a U.S. withholding agent is generally not required to
12e
Withholding agent's
WA enters “US” as the country code because it is a U.S. withholding agent. See the
12f
country code
“US”
Withholding agent's
foreign tax identification
number, if any
WA leaves this box blank because it is a U.S. withholding agent and it does not have an FTIN
or a country of residence other than the United States.
12g
Specific
information
required
Although WA's address is not specified in this example, this is a required field that WA would
Withholding agent's
address
Recipient's name
12h–I
13a
“A”
WA enters the recipient's name.
Specific
information
required
Although the recipient's country of residency is not specified in this example, this is a
requirements.
Recipient's country
code
13b
Specific
information
required
Although the recipient's address is not specified in this example, this is a required field that
13c–d
Recipient's address
The recipient's U.S. TIN is not specified in this example. However, given the facts used in this
example, the recipient's U.S. TIN is generally not required because A is not a type of
required (for example, A is not claiming a reduced rate of, or exemption from, tax under a tax
treaty between the recipient's country of residence and the United States). However, WA
must enter the recipient's U.S. TIN if WA knows it or if it was provided to WA on a Form W-8.
WA enters chapter 3 status code “16” (individual), which is the appropriate two-digit code
from the list of chapter 3 status codes provided in Appendix B.
Note. A withholding agent must enter a chapter 3 status code for all “amounts subject to
reporting under chapter 3.”
Recipient's U.S. TIN, if
any
13e
13f
Recipient's chapter 3
status code
“16”
“23”
WA enters chapter 4 status code “23” (individual), which is the appropriate two-digit code
from the list of chapter 4 status codes provided in Appendix B.
Note. A withholding agent must enter a chapter 4 status code for the recipient only if the
payment is a withholdable payment (as is the case in this example) or when a participating
FFI or registered deemed-compliant FFI is reporting a chapter 4 withholding rate pool of U.S.
payees.
Recipient's chapter 4
status code
13g
13h
WA leaves box 13h blank because it only applies for chapter 4 reporting purposes. See
Recipient's GIIN
Recipient's foreign tax
identification number, if
any
The recipient's FTIN is not required because A is not a type of recipient described in the
WA leaves box 13j blank because the recipient is an individual (not an entity).
13i
13j
LOB code
Recipient's account
13k
13l
number
WA leaves box 13k blank because WA is not a financial institution.
WA leaves box 13l blank because WA is not a financial institution.
Recipient's date of birth
Primary withholding
14a–b
agent's information
WA leaves these boxes blank because tax was not withheld by other withholding agents.
WA leaves these boxes blank because WA is making a direct payment to the recipient and
15a–I Intermediary information
there are no other withholding agents.
WA leaves these boxes blank because WA is making a direct payment to the recipient and
there are no other payers involved.
16a–e
17a–c
Payer's information
State income taxes
Although not specified in this example, WA enters in these boxes any information relating to
any state income tax withheld.
41
Appendix D
Comprehensive example of how to complete Form 1042-S for gambling winnings.
DIRECT PAYMENT TO BENEFICIAL OWNER
ABC Casino ("WA"), a U.S. corporate withholding agent that is not a financial institution, makes a $10,000 payment of gambling winnings to A, a
foreign individual who has provided a Form W-8BEN to WA establishing foreign status. The gambling winnings are subject to 30% withholding as
there is no exemption available under the Internal Revenue Code or applicable treaty. Before completing Form 1042-S, WA takes the following steps.
Step 1: Because the payment is a payment described under Amounts Subject to Reporting on Form 1042-S, earlier, WA determines it has a Form
1042-S filing obligation.
Step 2: Because WA is making a payment of U.S. source FDAP income, WA determines the payment meets the definition of “an amount subject to
withholding” under chapter 3. Because gambling winnings are not treated as a “withholdable payment” under chapter 4, as it is an excluded
nonfinancial payment under Regulations section 1.1473-1(a)(4)(iii), WA determines that the payment is not subject to chapter 4 withholding.
Step 3: Because the payment is not subject to chapter 4 withholding but is an amount subject to withholding under chapter 3, WA determines that
chapter 3 is the correct chapter indicator. WA will thus enter a "3" in box 3 (chapter indicator).
Note. Although the payment is properly classified as a chapter 3 payment, WA must complete certain boxes on Form 1042-S that pertain to
chapter 4 (see explanations for boxes 4a, 4b, and 13g below).
WA must file a Form 1042-S for A, and complete it as follows.
Caution: Be sure to read the instructions for each box or field in its entirety before completing a box or field on Form 1042-S.
WA must provide a unique form identifier (UFI) in the applicable entry field at the top of Form 1042-S. For additional information, including UFI
Box
Description
Required Entry
Comments
WA enters “28” (Gambling winnings), which is the
appropriate two-digit code from the list of income codes
provided in Appendix A.
1
2
3
Income code
Gross income
“28”
“10,000”
“3”
WA enters the gross amount paid (in whole dollars),
including withheld tax.
WA enters “3” to indicate that amounts were withheld
pursuant to chapter 3.
Chapter indicator
WA enters “00” because an amount was withheld under
chapter 3 and the tax rate is greater than zero and is
not due to backup withholding (see the instructions for
boxes 3a and 4a, earlier).
3a
3b
Chapter 3 exemption code
Chapter 3 tax rate
“00”
WA enters “30.00” consistent with the formatting
“30.00”
WA enters “16” (excluded nonfinancial payment), which
is the appropriate two-digit code from the list of
WA enters “00.00” because the amount reported in
box 2 is not subject to chapter 4 withholding. See the
4a
4b
Chapter 4 exemption code
Chapter 4 tax rate
“16”
“00.00”
WA leaves box 5 blank because the income code it is
reporting in box 1 is not one of the codes specified in
the instructions for which box 5 reporting is required.
5
Withholding allowance
WA leaves box 6 blank because it did not enter an
6
Net income
amount in box 5.
7a
Federal Tax Withheld
“3,000”
WA enters “3,000” (30% of $10,000).
Check if Federal Tax Withheld was not
deposited with the IRS because escrow
procedures were applied
WA does not check the box because it is not using the
escrow procedure.
7b
Check if withholding occurred in
subsequent year with respect to a
partnership interest
WA does not check the box because it did not withhold
in a subsequent year.
7c
8
WA leaves box 8 blank because tax was not withheld
Tax withheld by other agents
by other withholding agents.
WA leaves box 9 blank because it did not repay
overwithheld tax to the recipient under the
Overwithheld tax repaid to recipient
pursuant to adjustment procedures
reimbursement procedure or the set-off procedure. For
9
10
Total withholding credit
“3,000”
WA enters “3,000” (combining boxes 7a, 8, and 9).
WA leaves box 11 blank because it withheld on the
payment to the recipient (as opposed to paying the tax
from its own funds). For more information, see the
Tax paid by withholding agent (amounts
not withheld)
11
Although WA's EIN is not specified in this example, this
12a
Withholding agent's EIN
Specific information required is a required field that WA would complete.
WA enters “15” in box 12b and “02” in box 12c because
it is a U.S. corporate withholding agent that is not a
financial institution.
Note. WA must enter both a chapter 3 and a chapter 4
withholding agent status code regardless of the type of
Withholding agent's chapter 3 and
chapter 4 status codes
12b–c
“15” and “02”
payment being reported.
42
Appendix D (continued)
Box
Description
Required Entry
Comments
12d
Withholding agent's name
“ABC Casino”
WA must enter its complete name.
WA leaves this box blank because a U.S. withholding agent is generally not required to
details.
12e
12f
Withholding agent's GIIN
Withholding agent's
WA enters “US” as the country code because it is a U.S. withholding agent. See the
country code
“US”
Withholding agent's
foreign tax identification
number, if any
WA leaves this box blank because it is a U.S. withholding agent and it does not have an
FTIN or a country of residence other than the United States.
12g
Specific
information
required
Withholding agent's
address
Although WA's address is not specified in this example, this is a required field that WA
WA enters the recipient's name.
Although the recipient's country of residency is not specified in this example, this is a
requirements.
12h–I
13a
Recipient's name
Recipient's country code
Recipient's address
“A”
Specific
information
required
Specific
information
required
13b
Although the recipient's address is not specified in this example, this is a required field
13c–d
The recipient's U.S. TIN is not specified in this example. However, given the facts used in
this example, the recipient's U.S. TIN is generally not required because A is not a type of
required (for example, A is not claiming a reduced rate of, or exemption from, tax under a
tax treaty between the recipient's country of residence and the United States). However,
WA must enter the recipient's U.S. TIN if WA knows it or if it was provided to WA on a
Form W-8.
WA enters chapter 3 status code “16” (individual), which is the appropriate two-digit code
from the list of chapter 3 status codes provided in Appendix B.
Note. A withholding agent must enter a chapter 3 status code for all “amounts subject to
reporting under chapter 3.”
Recipient's U.S. TIN, if
any
13e
13f
Recipient's chapter 3
status code
“16”
WA is not required to provide the chapter 4 status code of the recipient given that the
payment being reported is not a withholdable payment.
Note. A withholding agent must enter a chapter 4 status code for the recipient only if the
payment is a withholdable payment or when a participating FFI or registered
deemed-compliant FFI is reporting a chapter 4 withholding rate pool of U.S. payees.
WA leaves box 13h blank because it only applies for chapter 4 reporting purposes. See
earlier.
Recipient's chapter 4
status code
13g
13h
Recipient's GIIN
Recipient's foreign tax
identification number, if
any
The recipient's FTIN is not required because A is not a type of recipient described in the
WA leaves box 13j blank because the recipient is an individual (not an entity).
13i
13j
LOB code
Recipient's account
13k
13l
number
WA leaves box 13k blank because WA is not a financial institution.
WA leaves box 13l blank because WA is not a financial institution.
Recipient's date of birth
Primary withholding
14a–b
15a–I
16a–e
17a–c
agent's information
WA leaves these boxes blank because tax was not withheld by other withholding agents.
WA leaves these boxes blank because WA is making a direct payment to the recipient
Intermediary information
Payer's information
State income taxes
and there are no other withholding agents.
WA leaves these boxes blank because WA is making a direct payment to the recipient
and there are no other payers involved.
Although not specified in this example, WA enters in these boxes any information relating
to any state income tax withheld.
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