Form 1042

Forms 1042, 1042-S and 1042-T are United States Internal Revenue Service tax forms dealing with payments to foreign persons, including non-resident aliens, foreign partnerships, foreign corporations, foreign estates, and foreign trusts.

Every withholding agent or intermediary, whether U.S. or foreign, who has control, receipt, custody, disposal or payment of any fixed or determinable, annual or periodic U.S. source income over foreign persons, must file these forms with the IRS. For example, employers that employ non-resident aliens (such as foreign workers or foreign students) would need to file a 1042-S Form with the IRS for every non-resident alien they employ and also send a (completed) copy of that form to the non-resident alien they employ.

Forms 1042 and 1042-S are filed separately. The main difference between forms 1042 and 1042-S is that form 1042-S is concerned with payments made to foreign persons, while form 1042 is concerned with determining how much income will be withheld for tax withholding purposes. Also, Form 1042-S must always be filed together with Form 1042-T, but Form 1042 can be filed by itself.

Forms 1042, 1042-S and 1042-T are due to be filed two and a half months after the end of the taxable year (i.e. by March 15 for taxable years ending in December) in which the income subject to reporting was paid. If the due date falls on a Saturday, Sunday, or legal holiday, the due date is the next business day. These forms should be addressed to Ogden Service Center, P.O. BOX 409101, Ogden, UT 84409.

If Form 1042 and/or Form 1042-S are filed late, or the tax isn't paid or deposited when due, the filer may be liable for penalties, unless they show that the failure to file or pay was due to reasonable cause and not willful neglect.

Form 1042, also "Annual Withholding Tax Return for U.S. Source Income of Foreign Persons", is used to report tax withheld on certain income of foreign persons.

The employer only needs to submit Form 1042 to the IRS, not to their employee. Form 1042 does not have to be accompanied by a Form 1042-T.

Form 1042-S, also "Foreign Person's U.S. Source Income Subject to Withholding", is used to report any payments made to foreign persons.

Non-resident alien employees receive a completed version of this form from their withholding agent if they have one. For example, a postdoctoral student from a foreign country who receives a stipend from an American university would receive Form 1042-S from the university, but if the person is receiving payment in exchange for work done (such as teaching duties), this would be reported on a Form W-2. It is possible for the same person to receive both forms in a given calendar year if the person's income comes from both types of sources.

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