See separate instructions for Forms 1042 and 1042-S - irs-2025

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What do I need to do if I receive a 1042-S? Any Foreign National who received a W-2 and/or a 1042-S is required to file a Federal and State tax return (regardless of any Tax Treaties). Nonresident (tax) employees may receive a 1042-S instead of/in addition to a W-2.
Use Form 1042-S to report specified federal procurement payments paid to foreign persons that are subject to withholding under section 5000C.
You must file Form 1042 whether or not any tax was withheld or was required to be withheld if you are required to file Form 1042-S. Form 1042-S must be filed to report all items of income described under Income Subject to Withholding on page 2, except income that is required to be reported on Form W-2.
The 1042-S is a tax form used to report various types of income paid to nonresidents in the US. This form is issued by US payers, which can include universities, employers, and financial institutions, in order to report income that is subject to taxation.
Download your 1099 or 1042S tax form in your Social Security account. If you live outside the United States and cant access your form online, contact a Federal Benefits Unit for help.
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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.
A separate Form 1042-S is required for: Each recipient regardless of whether or not you withheld tax. Each type of income that you paid to the same recipient. Each tax rate (if you withheld at more than one tax rate) of a specific type of income that you paid to the same recipient.
A withholding agent is not required to file Form 1042-S only if a return is filed by another withholding agent reporting the same amount to the same recipient and the other withholding agent has withheld correctly (the multiple withholding agent rule).

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