Instructions for Form 1042-S |
2006 Tax Year |
Specific Instructions for Withholding Agents
This is archived information that pertains only to the 2006 Tax Year. If you are looking for information for the current tax year, go to the Tax Prep Help Area.
Table of Contents
- Rounding Off to Whole Dollars
- AMENDED Box at Top of Form
- PRO-RATA BASIS REPORTING Box
- Box 1, Income Code
- Box 2, Gross Income
- Box 3, Withholding Allowances
- Box 4, Net Income
- Box 5, Tax Rate
- Box 6, Exemption Code
- Box 7, U.S. Federal Tax Withheld
- Box 8, Amount Repaid to Recipient
- Box 9, Withholding Agent's Employer Identification Number (EIN)
- Box 10, Withholding Agent's Name and Address
- Box 11, Recipient's Account Number
- Box 12, Recipient Code
- Box 13, Recipient's Name and Address
- Box 14, Recipient's U.S. Taxpayer Identification Number (TIN)
- Box 15, Recipient's Country of Residence for Tax Purposes
- Box 16, Recipient's Country Code
- Boxes 17 Through 20, Nonqualified Intermediary's (NQI's)/Flow-Through Entity's Name, Country Code, Address, and TIN
- Box 21, Payer's Name and Taxpayer Identification Number (TIN)
- Boxes 22 Through 24, State Income Tax Withheld and Related Information
- Correcting Paper Forms 1042-S
All amounts must be reported in U.S. dollars.
Rounding Off to Whole Dollars
You may round off cents to whole dollars. If you do round to whole dollars, you must round all amounts. 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.
AMENDED Box at Top of Form
See Correcting Paper Forms 1042-S on page 16.
PRO-RATA BASIS REPORTING Box
Withholding agents must check this box 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 those procedures. See Pro-rata reporting beginning on page 8 for additional
information and examples.
All filers must enter the appropriate 2-digit income code from the list on page 12.
Use the income code that is the most specific. For
example, if you are paying bank deposit interest, you should use code 29 (deposit interest), not code 01 (interest paid by
U.S.
obligors—general). 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.
Substitute payment income codes are to be used for all substitute payment transactions. For more information, see Regulations
sections
1.861-2(a)(7) and 1.861-3(a)(6) and Notice 97-66.
Note.
Although income codes are provided for deposit interest, short-term OID, and notional principal contract income, those items
are not always subject
to reporting on Form 1042-S. For example, bank deposit interest is reportable if it is effectively connected with the conduct
of a U.S. trade or
business or is paid to a resident of Canada. Short-term OID or bank deposit interest 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.
(See Example
3 on page 11.) Notional principal contract income is reportable if it is effectively connected with the conduct of a trade
or business in the
United States. For more information, see the regulations under Chapter 3 of the Code and Pub. 515.
For each income type, enter the gross amount you paid to or on behalf of the recipient during calendar year 2007, including
withheld tax. The
following 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 portion of the distribution is nontaxable or represents a capital gain dividend
or exempt-interest
dividend distributed by a regulated investment company.
-
You must report the entire amount of a payment if you do 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.
-
You must report the entire amount of gains relating to the 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.
Box 3, Withholding Allowances
This box should only be completed if the income code reported in box 1 is 15 (scholarship or fellowship grants) or 16 (compensation
for independent
personal services). See Pub. 515 for more information.
Complete this box only if you entered an amount in box 3. Otherwise, leave it blank.
Enter the correct rate of withholding that applies to the income in box 2 (gross income) or box 4 (net income), as appropriate.
(See Valid Tax Rate
Table on this page.) The correct tax rate should be included even if you withheld less than that rate. For example, if an
NQI is reporting dividends
paid to a beneficial owner who is 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 withheld only 15% (rather than the required 30%) and the NQI withholds an additional 15%, the NQI should
report “30.00” in box
5. See Example 2 on page 11.
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%, rather
than 30%. See Pub. 515 for more information.
Enter the tax rate using the following format: two digits, a decimal, and two digits (for example, “30.00” for 30%). However, if the income is
exempt from tax under a U.S. tax treaty or the 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%).
If you withheld at more than one tax rate for a specific type of income that you paid to the same recipient, you must file
a separate Form 1042-S
for each amount to which a separate rate was applied.
Valid Tax Rate Table
00.00
|
07.00
|
14.00
|
27.50
|
04.00
|
08.00
|
15.00
|
28.00
|
04.90
|
10.00
|
17.50
|
30.00
|
04.95
|
12.00
|
20.00
|
33.00
|
05.00
|
12.50
|
25.00
|
35.00
|
Note.
If you are filing a Form 1042-S to correct certain information already provided to you by another withholding agent on a Form
1099 or Form 1042-S
(for example, as required under Amounts Paid by Nonqualified Intermediaries and Flow-Through Entities on page 11), see item 5 on this page.
Generally, if the tax rate you entered in box 5 is 00.00, you should enter the appropriate exemption code (01 through 09)
from the list on page 12.
If an amount was withheld under Chapter 3 of the Code (the tax rate you entered in box 5 is greater than zero and is not due
to backup
withholding), enter “00” in box 6. If the tax rate you entered in box 5 is due to backup withholding, leave box 6 blank.
-
If exemption code 01 (income effectively connected with a U.S. trade or business) may apply, you must enter the recipient's
U.S. TIN in box
14. If the recipient's U.S. TIN is unknown or unavailable, you must withhold tax at the foreign-person rate of 30% (30.00)
and enter “00” in box
6.
-
A withholding agent should use exemption code 06 (qualified intermediary 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
Chapter 3 of the
Code.
-
A withholding agent should use exemption code 07 (withholding foreign partnership or withholding foreign trust) only if it
is making a
payment to a foreign partnership or trust that has represented that it is a withholding foreign partnership or trust.
-
A withholding agent should use exemption code 09 (qualified intermediary represents income is exempt) only if it makes a payment
to a QI
that has not assumed primary withholding responsibility under Chapter 3 of the Code 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.
-
If you have failed to provide another 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 withholding, you must submit a Form 1042-S providing the correct information. In this situation, you must:
-
Indicate the correct rate at which the income should have been subject to withholding in box 5 (usually 00.00),
-
Enter “99” in box 6, and
-
Enter the actual amount of U.S. federal tax withheld by the other withholding agent in box 7.
You must also provide the correct recipient code in box 12 and the name and address of the actual recipient in
box 13.
Box 7, U.S. Federal Tax Withheld
Box 7 must be completed in all cases, even if no tax has actually been withheld.
Enter the total amount of U.S. federal tax actually withheld. If no tax has been withheld on the payment by any withholding
agent, enter
“-0-.” 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 aggregate amount of tax withheld by you and any other withholding agent (see Amounts Paid by Nonqualified Intermediaries and
Flow-Through Entities on page 11).
Box 8, Amount Repaid to Recipient
This box should be completed only if:
-
You repaid a recipient an amount that was overwithheld, and
-
You are going to reimburse yourself by reducing, by the amount of tax actually repaid, the amount of any deposit made for
a payment period
in the calendar year following the calendar year of withholding.
Generally, a QI should not enter an amount in box 8 unless it is a QI that has represented on its Form W-8IMY that it is assuming
primary
withholding responsibility under Chapter 3 of the Code.
You must also state on a timely filed Form 1042 for the calendar year of overwithholding that the filing of the Form 1042
constitutes a claim for
refund.
The adjustment for amounts overwithheld do not apply to partnerships or nominees required to withhold under section 1446.
Box 9, Withholding Agent's Employer Identification Number (EIN)
You are generally required to enter your EIN. However, if you are filing Form 1042-S as a QI, withholding foreign partnership,
or withholding
foreign trust, enter your QI-EIN, WP-EIN, or WT-EIN. Enter the number and check the applicable box.
If you do not have an EIN, you can apply for one online at
www.irs.gov/smallbiz or by telephone at
1-800-829-4933. Also, you can apply for an EIN by filing Form SS-4, Application for Employer Identification Number. File amended
Forms 1042-S when you
receive your EIN.
To get a QI-EIN, WP-EIN, or WT-EIN, submit Form SS-4 with your application for that status. (See the definitions for Qualified intermediary
(QI) on page 3 and Withholding foreign partnership (WP) or withholding foreign trust (WT) on page 4 for more information.) Do not
send an application for a QI-EIN, WP-EIN, or WT-EIN to the Ogden Service Center; it will not be processed.
Box 10, Withholding Agent's Name and Address
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.
If you are a nominee that is the withholding agent under section 1446, enter the PTP's name and other information in boxes
17 through 20.
Note.
On statements furnished to Canadian 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 electronic/magnetic media filed with the IRS. You must also
include a statement that
the information on the form is being furnished to the United States Internal Revenue Service and may be furnished to Canada.
Box 11, Recipient's Account Number
You may use this box to enter the account number assigned by you to the recipient.
Enter the recipient code from the list on page 12.
The following special instructions apply.
-
If applicable, use recipient code 09 (artist or athlete) instead of recipient code 01 (individual), 02 (corporation), or 03
(partnership
other than a withholding foreign partnership).
-
Use recipient code 12 if you are making a payment to a QI and 04 if you are making a payment to a WP or a WT.
-
If you are making a payment to an NQI or flow-through entity, you generally must use the recipient code that applies to the
type of
recipient who receives the income from the NQI or flow-through entity.
-
Use recipient code 03 (partnership other than a withholding foreign partnership) only if you are reporting a payment of income
that is
effectively connected with the conduct of a trade or business of a nonwithholding foreign partnership in the United States.
Otherwise, follow the
rules that apply to payments to flow-through entities.
-
Use recipient code 20 (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. Do not use this code because
you cannot determine the
recipient's status as an individual, corporation, etc. The regulations under Chapter 3 of the Code provide rules on how to
determine a recipient's
status when a withholding agent does not have the necessary information.
-
Only QIs may use recipient codes 13 (private arrangement intermediary withholding rate pool—general), 14 (private arrangement
intermediary withholding rate pool—exempt organizations), 15 (qualified intermediary withholding rate pool—general), and 16
(qualified
intermediary withholding rate pool—exempt organizations). A QI should only use recipient code 14 or 16 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 Code exception).
A U.S. withholding
agent making a payment to a QI should use recipient code 12.
Box 13, Recipient's Name and Address
Name.
Enter the complete name of the recipient in box 13a.
-
If you do not know the name of the recipient, enter “Unknown Recipient.”
-
If Form 1042-S is being completed by a QI, WP, or WT for a withholding rate pool, enter “Withholding rate pool” in box 13a. No address
is necessary.
-
A QI reporting payments made to a PAI on a withholding rate pool basis must include the name and address of the PAI in boxes
13a through
13e.
Address.
You must generally enter a foreign address in boxes 13b through 13e. However, there are limited exceptions. For example,
you may enter a U.S.
address when reporting payments of scholarship or fellowship grants (income code 15).
For addresses outside the United States or its possessions, follow the foreign country's practice for entering the
postal code.
For addresses within the United States, use the U.S. Postal Service 2-letter abbreviation for the state name. Do not
enter “ United States” or
“ U.S.”
Box 14, Recipient's U.S. Taxpayer Identification Number (TIN)
You must obtain and enter a U.S. taxpayer identification number (TIN) for:
-
Any recipient whose income is effectively connected with the conduct of a trade or business in the United States.
Note.
For these recipients, exemption code 01 should be entered in box 6.
-
Any foreign person claiming a reduced rate of, or exemption from, tax under a tax treaty between a foreign country and the
United States,
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.
-
Any nonresident alien individual claiming exemption from 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.
-
Any WP or WT.
-
Any nonresident alien individual claiming exemption from withholding on compensation for independent personal services.
-
Any U.S. branch of a foreign bank or foreign insurance company that is treated as a U.S. person.
If a foreign person provides a TIN on a Form W-8, but is not required to do so, the withholding agent must include the TIN
on Form 1042-S.
Box 15, Recipient's Country of Residence for Tax Purposes
Enter the name of the recipient's country of residence for tax purposes.
Box 16, Recipient's Country Code
You must enter the code (from the list that begins on page 17) for the country 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). Enter “UC” (unknown country) only if the payment is to an unknown recipient. If you are making a
payment to a QI, WP, or WT or if you are a QI, WP, or WT and are making a payment to a QI, WP, or WT withholding rate pool,
enter the country code of
the QI, WP, or WT.
If exemption code 04 (exempt under tax treaty) appears in box 6 or if a reduced rate of withholding based on a tax treaty
is entered in box 5, the
country code entered in box 16 must be a country with which the United States has entered into an income tax treaty.
Boxes 17 Through 20, Nonqualified Intermediary's (NQI's)/Flow-Through Entity's Name, Country Code, Address, and TIN
If you are reporting amounts paid to a recipient whose withholding certificates or other documentation has been submitted
to you with a Form W-8IMY
provided by an NQI or flow-through entity, you must include the name, address, and TIN, if any, of the NQI or flow-through
entity with whose Form
W-8IMY the recipient's Form W-8 or other documentation is associated.
Note.
An NQI or flow-through entity will leave these boxes blank unless it is making the payment to an NQI or flow-through entity.
For box 18, you must enter the country code from the list beginning on page 17 for the country where the NQI or flow-through
entity is located.
If you are a nominee that is the withholding agent under section 1446, enter the PTP's name and other information in these
boxes.
Box 21, Payer's Name and Taxpayer Identification Number (TIN)
See the definition of a payer beginning on page 3. Include the payer's name and TIN if different from that in boxes 9 and
10.
Boxes 22 Through 24, State Income Tax Withheld and Related Information
Include in these boxes information relating to any state income tax withheld.
Correcting Paper Forms 1042-S
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. See the Step-by-Step Instructions on this page.
To determine whether you are required to submit amended Forms 1042-S electronically or on magnetic media, see Electronic/Magnetic Media
Reporting on page 2 and Pub. 1187.
If you fail to correct Form(s) 1042-S, you may be subject to a penalty. See Penalties beginning on page 12.
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. To do this, see the Form 1042 instructions.
Step-by-Step Instructions
If you are not filing electronically or on magnetic media, 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.
AMENDED box.
Enter an “ X” in the AMENDED box of Copy A only if you are amending a Form 1042-S you previously filed with the IRS. Enter an “ X” in the
AMENDED box you give to the recipient only if you are correcting a Form 1042-S previously furnished to the recipient. You
must provide statements to
recipients showing the corrections as soon as possible.
Step 2.
File the amended paper Form 1042-S with a Form 1042-T. See the Form 1042-T instructions for information on filing
these forms.
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