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If you intentionally disregard the requirement to report correct information, the penalty per Form 1042-S is increased to $630 (for filing year 2024) or, if greater, 10% of the total amount of items required to be reported, with no maximum penalty.
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.
S corporations that fail to file Form 1120S by the due date or by the extended due date face a $220 (for 2024) penalty for each month or part of a month the return is late. The penalty is multiplied by the number of shareholders.
Use this form to transmit paper Forms 1042-S, Foreign Persons U.S. Source Income Subject to Withholding, to the Internal Revenue Service. Use a separate Form 1042-T to transmit each type of Form 1042-S. See the instructions for line 1 below. Do not use Form 1042-T if you submit Forms 1042-S electronically.
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.

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If you owe tax and dont file on time, theres also a penalty for not filing on time. The failure-to-file penalty is usually five percent of the tax owed for each month, or part of a month that your return is late, up to a maximum of 25%.
The penalty for not filing Form 1042 when due (including extensions) is 5% of the unpaid tax for each month or part of a month the return is late, up to a maximum of 25% of the unpaid tax.

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