The Internal Revenue Service today. You so much for lunch near Jacoby this Launched a new online tool designed to help U.S. withholding agents comply with their reporting and withholding responsibilities with respect to IRS Form 1042-S (Foreign Person’s U.S. Source Income Subject to Withholding).
The tool performs a quality
review of data before submission to the IRS. Use of the tool does not change a
withholding agent’s obligations to file Forms 1042-S with the IRS and furnish a
copy of the Form 1042-S to the payee.
“U.S. withholding agents play
an important role in helping the IRS administer the tax code so we are
delighted to be able to provide this tool free of charge to assist agents in
meeting their filing requirement,” said Nikole Flax, IRS Large Business and
International division commissioner.
In general, withholding agents, such as banks, insurance companies, universities, entertainment venues and resorts, or other financial institutions must file an information return on Form 1042-S to report amounts paid from U.S. sources to foreign persons. The definition of a withholding agent includes any person, U.S. or foreign, that has control, receipt or custody of amounts that are subject to the rules under Internal Revenue Code Chapter 3 (Withholding of Tax on Nonresident Aliens and Foreign Corporations) or Chapter 4 (Taxes to Enforce Reporting on Certain Foreign Accounts, i.e. FATCA or the Foreign Account Tax Compliance Act).
The tool is designed to accept
Form 1042-S data in common file formats that can be generated by most
withholding agents’ back office systems. After uploading the data, the user
will receive a report indicating errors and potential errors. A tutorial on how to use the tool can be viewed online or
downloaded.
Even though the tool identifies
data errors, the withholding agent remains responsible for making changes to
the data on the agent’s system of record before submission to the IRS.
The list of resources below will help agents understand and correct errors before
submitting the Forms 1042-S.
The tool can be used as many
times as necessary on new or revised data. The IRS has no access to the users’
data. Use of the tool is voluntary, but the IRS will take into account a
withholding agent’s use of the tool when making enforcement and penalty
determinations.
The IRS urges information reporting and withholding industry experts and withholding agents to share this critical information with any withholding agents that may benefit from using this tool.
Non-Resident Alien
Withholding Resources
- Form 1042-S, Instructions in PDF or HTML and any
recent updates
- Form 1042, Instructions in PDF or HTML and any recent
updates
- Publication 1187 (.pdf),Specifications for Electronic
Filing of Form 1042-S, Foreign Person's U.S. Source Income Subject to
Withholding
- Publication 515, Withholding of Tax on Nonresident
Aliens and Foreign Entities
Have an IRS Tax Problem?
Contact the Tax Lawyers at
www.TaxAid.com or www.OVDPLaw.com
or Toll Free at 888 8TAXAID (888-882-9243)
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