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Use Form 1042 to report the following: The tax withheld under chapter 3 on certain income of foreign persons, including nonresident aliens, foreign partnerships, foreign corporations, foreign estates, and foreign trusts. The tax withheld under chapter 4 on withholdable payments.
A 1099 form is used to report miscellaneous income, such as gross rent, for US residents and businesses only, whereas a 1042-S (Foreign Persons U.S. Source Income Subject to withholding) is used to report income paid to a non-resident regardless of whether the payment is taxable.
Amounts subject to reporting on Form 1042-S, Foreign Persons U.S. Source Income Subject to Withholding, are amounts paid to foreign persons (including persons presumed to be foreign) that are subject to NRA Withholding, even if no amount is deducted and withheld from the payment because the income was exempt from tax
Every withholding agent must file an information return, Form 1042-S, Foreign Persons U.S. Source Income Subject to Withholding, to report amounts paid to foreign persons that are described under Amounts Subject to NRA Withholding and Reporting, even if withholding is not required on the payments.
Amounts subject to reporting on Form 1042-S are amounts paid to foreign persons even if the withholding agent did not withhold tax because the income was exempt from tax under a U.S. tax treaty or the IRC, including the exemption for income that is effectively connected with the conduct of a trade or business in the
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Generally, U.S.-sourced income includes all income received from U.S. organizations or individuals and compensation received from both U.S. and foreign organizations or individuals for work performed in the U.S.
Three of the main types of income are earned, passive and portfolio. Earned income includes wages, salary, tips and commissions. Passive or unearned income could come from rental properties, royalties and limited partnerships. Portfolio or investment income includes interest, dividends and capital gains on investments.
Every withholding agent or intermediary who receives, controls, has custody of, disposes of, or pays a withholdable payment (to which chapter 4 withholding applies) or an amount subject to withholding, must file an annual return for the preceding calendar year on Form 1042 unless an exception to filing applies.
Use Form 1042 to report the following: The tax withheld under chapter 3 on certain income of foreign persons, including nonresident aliens, foreign partnerships, foreign corporations, foreign estates, and foreign trusts. The tax withheld under chapter 4 on withholdable payments.
Use Form 1042-S to report: Income and amounts withheld as described in the Instructions for Form 1042-S. Specified Federal procurement payments paid to foreign persons that are subject to withholding under section 5000C. Distributions of effectively connected income by a publicly traded partnership or nominee.

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