The Internal Revenue Service (IRS), Enterprise Computer Center at Martinsburg
(ECC-MTB) encourages filers to make copies of the blank forms in the back
of this publication for future use. These forms can also be obtained by calling
1-800-TAX-FORM (1-800-829-3676). You can also download forms and publications
from the IRS Web Site at www.irs.gov.
Revenue Procedures are generally revised annually to reflect legislative
and form changes. Comments concerning this Revenue Procedure, or suggestions
for making it more helpful, can be addressed to:
.01 The purpose of this Revenue Procedure
is to provide the specifications for filing Form 1042-S with IRS electronically
through the FIRE (Filing Information Returns Electronically) System or magnetically,
using IBM 3480, 3490, 3490E, 3590, or 3590E compatible tape cartridges. This
Revenue Procedure must be used to prepare current and prior year information
returns filed beginning January 1, 2007, and received
by IRS/ECC-MTB or postmarked by December 31, 2007.
.02 Generally, the box names on the
paper Form 1042-S correspond with the fields used to file electronically/magnetically;
however, if discrepancies occur, the instructions in this Revenue Procedure
govern.
.03 This Revenue Procedure supersedes
Rev. Proc. 2004-63 published as Publication 1187, Specifications for Filing
Form 1042-S, Foreign Person’s U.S. Source Income Subject to Withholding,
Electronically or Magnetically.
.04 Refer to Part A, Sec.16, for definitions
of terms used in this publication.
.05 Specifications for filing Forms
W-2, Wage and Tax Statements, electronically/magnetically are available from
the Social Security Administration (SSA) only.
Filers can call 1-800-SSA-6270 to obtain the phone number of the SSA Employer
Service Liaison Officer for their area.
.06 IRS/ECC-MTB does not process
Forms W-2. Paper and/or magnetic media for
Forms W-2 must be sent to SSA. IRS/ECC-MTB does, however, process waiver requests
(Form 8508) and extension of time to file requests (Form 8809) for Forms W-2
and requests for an extension of time to provide the employee copies of Forms
W-2.
.07 The following Revenue Procedures
and publications provide more detailed filing procedures for certain information
returns:
-
2006 Instructions for Form 1042-S.
-
Publication 1179, General Rules and Specifications for Substitute Forms
1096, 1098, 1099, 5498, W-2G, and 1042-S.
-
Publication 1239, Specifications for Filing Form 8027, Employer’s
Annual Information Return of Tip Income and Allocated Tips, Electronically
or Magnetically.
-
Publication 1220, Specifications for Filing Forms 1098, 1099, 5498,
and W-2G, Electronically or Magnetically.
Sec. 2. Nature of Changes—Current Year
(Tax Year 2006)
.01 Editorial changes of a clarifying
nature have been made throughout this publication. Please read the entire
publication carefully.
.02 The procedure for submitting amended
returns has completely changed. Please review Part A, Sec. 13, Amended Returns
carefully before submitting amended Forms 1042-S.
.03 For files submitted on the Fire
System, it is the responsibility of the filer to check the status of the file
within 5 business days to verify the results of the transmission. ECC-MTB
will no longer mail error reports to filers for files that are bad. Information
about the errors including the number of errors, a description and the first
occurrence will be provided on the FIRE System. If additional information
is needed to understand the errors, the filer can call toll-free 1-866-455-7438.
.04 Paper filing of Form 1042-S and
1042-T is now handled by the Ogden Service Center, P.O. Box 409101, Ogden,
UT 84409.
.05 The following changes were made
to Withholding Agent ‘W’ Record:
-
Type of Return Indicator, position 2, has changed. There are now two
indicators to select from, 0 (zero) for original return and 1 (one) for amended
return. There is no longer a void return.
-
The new field ‘Withholding Agent Contact Name’, positions
273-317, was added.
-
The new field ‘Withholding Agent’s Department Title’,
positions 318-362, was added.
-
The Contact Phone Number and Extension was moved to positions 363-382.
-
The Final Return Indicator was moved to position 383.
-
Positions 384-770 are now reserved.
.06 The following change was made to
the Recipient ‘Q’ Record:
-
Type of Return Indicator, position 2, has changed. There are now two
indicators to select from, 0 (zero) for original return and 1 (one) for amended
return. There is no longer a void return.
-
The new field U.S. Tax Withheld Indicator, position 761 was added.
There are 3 values to choose from, 0 (zero) for correctly reported, 1 (one)
for over withheld, and 2 for under withheld.
Sec. 3. Where To File and How to Contact the
IRS, Enterprise Computing Center at Martinsburg
.01 All information returns filed electronically
or magnetically are processed at IRS/ECC-MTB. Files containing information
returns and requests for IRS electronic filing and tape cartridge information
are sent to the following address:
.02 All requests
for an extension of time to file information returns with IRS/ECC-MTB or to
the recipients, and requests for undue hardship waivers filed on Form 8508,
are sent to the following address:
.03 The telephone numbers for electronic
or tape cartridge inquiries submissions are:
.04 Current Instructions for Form 1042-S
have been included in the Publication 1187 for your convenience. The Form
1042-T is used only to transmit Copy A of paper Forms
1042-S. If filing paper returns, follow the mailing instructions on Form
1042-T and submit the paper returns to the Ogden Service Center,
P.O. Box 409101, Ogden, UT 84409.
.05 Requests for paper Form 1042-S
should be made by calling the IRS toll-free number 1-800-TAX-FORM
(1-800-829-3676) or via the IRS Web Site at www.irs.gov.
.06 Questions pertaining to magnetic
media filing of Forms W-2 must be directed
to the Social Security Administration (SSA). Filers can call 1-800-772-6270
to obtain the phone number of the SSA Employer Service Liaison Officer for
their area.
.07 Filers should
not contact IRS/ECC-MTB if they have received a penalty notice
and need additional information or are requesting an abatement of the penalty.
A penalty notice contains an IRS representative’s name and/or phone
number for contact purposes; or, the filer may be instructed to respond in
writing to the address provided. IRS/ECC-MTB does not issue
penalty notices and does not have the authority
to abate penalties. For penalty information, refer to the Penalty section
of the current Instructions for Form 1042-S.
.08 A taxpayer or authorized representative
may request a copy of a tax return, including Form W-2 filed with a return,
by submitting Form 4506, Request for Copy of Tax Return, to IRS. This form
may be obtained by calling 1-800-TAX-FORM (1-800-829-3676).
For any questions regarding this form, call 215-516-2000 and select option
1. This is not a toll-free number.
.09 The Information Reporting Program
Customer Service Section (IRP/CSS), located at IRS/ECC-MTB, answers electronic,
tape cartridge, paper filing and tax law questions from the payer community
relating to the filing of business information returns (Forms 1096, 1098,
1099, 5498, 8027, and W-2G). IRP/CSS also answers
questions relating to the electronic/tape cartridge filing of Forms 1042-S.
Call toll-free 1-800-455-7438 ext. 6 for specific information on 1042-S filing.
Inquiries dealing with backup withholding and reasonable cause requirements
due to missing and incorrect taxpayer identification numbers are also addressed
by IRP/CSS. Assistance is available year-round to payers, transmitters, and
employers nationwide, Monday through Friday, 8:30 a.m. to 4:30 p.m. Eastern
Standard Time, by calling toll-free 1-866-455-7438 or
via email at mccirp@irs.gov. Do not include SSNs or
EINs on emails since this is not a secure line. The Telecommunications Device
for the Deaf (TDD) toll number is 304-267-3367. Call as soon as questions arise to avoid
the busy filing seasons. Recipients of information returns (payees) should
continue to contact 1-800-829-1040 with any questions on how to report the
information returns data on their tax returns.
Note: The Customer Service Section does not answer
tax law questions concerning the requirements for withholding of tax on payments
of U.S. source income to foreign persons under Chapter 3 of the Code. If you
need such assistance, you may call 215-516-2000 and select option 1 (not a
toll-free number) or write to: Philadelphia Internal Revenue Service, International
Section, P.O. Box 920, Bensalem, PA 19020-8518.
Sec. 4. Filing Requirements
.01 The regulations under section 6011(e)(2)(A)
of the Internal Revenue Code provide that any person, including a corporation,
partnership, individual, estate, and trust, who is required to file 250 or
more information returns must file such returns electronically/magnetically.
Withholding agents who meet the threshold of 250 or more Forms 1042-S are
required to submit their information electronically or magnetically.
Note: Even though filers with less than 250 information
returns are not required to submit the information returns electronically
or magnetically and may submit them on paper, IRS encourages filers to transmit
those information returns electronically or magnetically.
.02 These requirements apply separately
to both originals and amended records filed electronically/magnetically.
.03 All filing requirements that follow
apply individually to each reporting entity as defined by its separate Taxpayer
Identification Number (TIN), [Social Security Number (SSN), Employer Identification
Number (EIN), Individual Taxpayer Identification Number (ITIN), or Qualified
Intermediary Employer Identification Number (QI-EIN), Withholding Foreign
Partnership Employer Identification Number (WP-EIN), Withholding Foreign Trust
Employer Identification Number (WT-EIN)]. For example, if a corporation with
several branches or locations uses the same EIN, the corporation must aggregate
the total volume of returns to be filed for that EIN and apply the filing
requirements to each type of return accordingly.
.04 Filers who are required to submit
their information returns on magnetic media may choose to submit their documents
by electronic filing. IRS/ECC-MTB has one method for filing information returns
electronically; see Part B.
.05 The above requirements do not apply
if the filer establishes hardship (see Part D, Sec. 5).
.01 IRS/ECC-MTB prepares a list of
vendors who support electronic or tape cartridge filing. The Vendor List (Pub.
1582) contains the names of service bureaus that will produce files on tape
cartridges or via electronic filing. It also contains the names of vendors
who provide software packages for filers who wish to produce electronic or
tape cartridge files on their own computer systems. This list is compiled
as a courtesy and in no way implies IRS/ECC-MTB approval or endorsement.
.02 If filers meeting the filing requirements
engage a service bureau to prepare media on their behalf, the filers should
be careful not to report duplicate data, which may cause penalty notices to
be generated.
.03 The Vendor List, Publication 1582,
is updated periodically. The most recent revision will be available on the
IRS website at www.irs.gov.
.04 A vendor who offers a software
package, has the ability to produce tape cartridges for customers, or has
the capability to electronically file information returns, and would like
to be included on the list, must submit a written request to IRS/ECC-MTB.
The request should include:
-
Company name,
-
Address (include city, state, and ZIP code),
-
Telephone number (include area code),
-
Email address,
-
Contact person,
-
Type(s) of service provided (e.g., service bureau and/or software),
-
Type(s) of media offered (e.g., tape cartridge, or electronic filing),
-
Type(s) of return(s)
Sec. 6. Form 4419, Application for Filing Information
Returns Electronically/Magnetically
.01 Transmitters are required to submit
Form 4419, Application for Filing Information Returns Electronically/Magnetically,
to request authorization to file information returns with IRS/ECC-MTB. A single
Form 4419 may be filed. IRS/ECC-MTB encourages transmitters who file for multiple
withholding agents or qualified intermediaries to submit one application and
to use the assigned Transmitter Control Code (TCC) for all. Please make sure
you submit your electronic/magnetic files using the correct TCC.
Note: EXCEPTIONS — An additional Form 4419
is required for filing Forms 1098, 1099, 5498 and W2-G and Form 8027, Employer’s
Annual Information Return of Tip Income and Allocated Tips. See back of Form
4419 for detailed instructions.
.02 Tape cartridge, and electronically
filed returns may not be submitted to IRS/ECC-MTB until the application has
been approved. Please read the instructions on the back of Form 4419 carefully.
A Form 4419 is included in the Publication 1187 for the filer’s use.
This form may be photocopied. Additional forms may be obtained by calling 1-800-TAX-FORM (1-800-829-3676). The form is also
available at www.irs.gov.
.03 Upon approval, a five-character
alpha/numeric Transmitter Control Code (TCC) beginning with the digits “22” will be assigned and included in an
approval letter. The TCC must be coded in
the Transmitter “T” Record. If a transmitter uses more than one
TCC to file, each TCC must be reported on separate media or in separate transmissions
if filing electronically.
.04 If any of
the information (name, TIN or address) on the Form 4419 changes, please notify
IRS/ECC-MTB in writing so the IRS/ECC-MTB database can be updated. However,
a change in the method by which information returns are being submitted is
not information which needs to be updated (e.g., cartridge to electronic).
The transmitter should include the TCC in all correspondence.
.05 Form 4419 may be submitted anytime
during the year; however, it must be submitted
to IRS/ECC-MTB at least 30 days before the due date of the return(s) for current
year processing. This will allow IRS/ECC-MTB the minimum amount of time necessary
to process and respond to applications. In the event that computer equipment
or software is not compatible with IRS/ECC-MTB, a waiver may be requested
to file returns on paper documents.
.06 IRS/ECC-MTB encourages a transmitter
who files for multiple withholding agents to submit one application and to
use the assigned TCC for all withholding agents.
.07 If a withholding agent’s
files are prepared by a service bureau, it may not be necessary for the withholding
agent to submit an application to obtain a TCC. Some service bureaus will
produce files, code their own TCC on the media, and send it to IRS/ECC-MTB
for the withholding agent. Other service bureaus will prepare tape cartridges
and return the media to the withholding agent for submission to IRS/ECC-MTB.
These service bureaus may require the withholding agent to obtain a TCC to
be coded in the Transmitter “T” Record. Withholding agents should
contact their service bureaus for further information.
.08 Once a transmitter is approved
to file electronically or magnetically, it is not necessary to reapply each
year unless:
-
The withholding agent has discontinued filing electronically or magnetically
for two consecutive years; the withholding agent’s TCC may have been
reassigned by IRS/ECC-MTB. Withholding agents who are aware that the TCC
assigned will no longer be used are requested to notify IRS/ECC-MTB so these
numbers may be reassigned; or
-
The withholding agent’s tape cartridge files were transmitted
in the past by a service bureau using the service bureau’s TCC, but
now the withholding agent has computer equipment compatible with that of IRS/ECC-MTB
and wishes to prepare his or her own files. The withholding agent must request
a TCC by filing Form 4419.
.09 One Form 4419 may be submitted
regardless of how many types of media or methods are used to file the return.
Multiple TCCs will only be issued to withholding agents with multiple TINs.
Only one TCC will be issued per TIN unless the filer has checked the application
for the following forms in addition to the Form 1042-S: Forms 1098, 1099,
5498, W-2G, and/or 8027. A separate TCC will be assigned for these forms.
.10 Approval to file does not imply
endorsement by IRS/ECC-MTB of any computer software or of the quality of tax
preparation services provided by a service bureau or software vendor.
.01 IRS/ECC-MTB strongly encourages
all electronic or tape cartridge filers to submit a test. The test file must
consist of a sample of each type of record:
-
Transmitter “T” Record
-
Withholding Agent “W” Record
-
Multiple Recipient “Q” Records (at
least 20)
-
Reconciliation “C” Record
-
End of Transmission “F” Record
.02 Use the Test Indicator “TEST” (upper case) in Field Positions
195-198 of the “T” Record to show this is a test file.
.03 IRS/ECC-MTB will check the file
to ensure it meets the specifications of this Revenue Procedure. For current
filers, sending a test file will provide the opportunity to ensure their software
reflects all required programming changes. Filers are reminded that no validity,
consistency, or math error tests will be conducted.
.04 Tests should be sent to IRS/ECC-MTB
between November 1, 2006 and February 15, 2007. Tests must be received at
ECC-MTB by February 15, 2007 in order to be processed.
.05 For tests filed on tape cartridge
the transmitter must include the signed Form 4804 in the same package with
the corresponding tape cartridge. Mark the “TEST” box in Block
1 on the form. Also, mark “TEST” on the external media label.
.06 IRS/ECC-MTB will send a letter
of acknowledgment to indicate the test results for tape cartridges identifying
the fatal errors. Resubmission of a tape cartridge test file must be received
by IRS/ECC-MTB no later than December 15. See Part B, Sec. 4.03 for information
on electronic test results.
.07 Magnetic media will not be returned
to filers.
Note: Most validity, consistency and related
math error checks within individual “Q” Records will no longer
be conducted as part of ECC-MTB’s testing procedures.
Sec. 8. Filing of Information Returns Magnetically
and Retention Requirements
.01 Form 4804, Transmittal of Information
Returns Reported Magnetically, or a computer-generated substitute, must accompany all tape cartridge shipments.
.02 IRS/ECC-MTB allows for the use
of computer-generated substitutes for Form 4804. The substitutes must contain
all information requested on the original forms including the affidavit and
signature line. Photocopies are acceptable but an original signature is required.
When using computer-generated forms, be sure to mark very clearly which tax
year is being reported. This will eliminate a phone communication from IRS/ECC-MTB
to question the tax year.
.03 Current and prior year data may
be submitted in the same shipment; however, each tax year must be on separate
media, and a separate Form 4804 must be prepared to clearly indicate each
tax year.
.04 Filers who have prepared their
information returns in advance of the due date should submit this information
to IRS/ECC-MTB no earlier than January 1 of the year the return is due.
.05 Do not report duplicate information.
If a filer submits returns electronically/magnetically, identical paper documents
must not be filed. This may result in erroneous penalty notices.
.06 Form 4804 may be signed by the
withholding agent or the transmitter, service bureau, paying agent, or disbursing
agent (all hereafter referred to as agent) on behalf of the payer. Failure
to sign the affidavit on Form 4804 may delay processing or could result in
IRS/ECC-MTB requesting a replacement file. An agent may sign the Form 4804
if the agent has the authority to sign the affidavit under an agency agreement
(either oral, written, or implied) that is valid under state law and adds
the caption “FOR: (name of withholding agent/payer).”
.07 Although an authorized agent may
sign the affidavit, the withholding agent is responsible for the accuracy
of the Form 4804 and the returns filed. The withholding agent will be liable
for tax and interest penalties for failure to comply with filing requirements.
.08 A self-adhesive external media
label, created by the filer, must be affixed to each tape cartridge. For
instructions on how to prepare an external media label, refer to Notice 210
in the forms section of this publication.
.09 On the outside of the shipping
container, affix or attach a label which reads “IRB
Box of ” reflecting
the number of containers in the shipment. (Filers can create a label with
this information or cut out one of the labels on the special label page provided
in this publication.) If there is only one container, mark the outside as
Box 1 of 1. For multiple containers,
include the sequence (for example, Box 1 of 3, 2 of 3, 3 of 3).
.10 When submitting magnetic files
include the following:
-
A signed Form 4804;
-
External media label (created by filer) affixed to the tape cartridge;
-
IRB Box of outside label.
.11 IRS/ECC-MTB will not pay for or
accept “Cash-on-Delivery” or “Charge to IRS” shipments
of tax information that an individual or organization is legally required
to submit.
.12 Withholding agents should retain
a copy of the information returns filed with IRS or have the ability to reconstruct
the data for at least 3 years from the due date of the returns.
.01 The due dates for filing paper
returns with IRS also applies to electronic/magnetic filing of Form 1042-S
which is on a calendar year basis.
.02 Form 1042-S filed electronically/magnetically
must be submitted to IRS/ECC-MTB on or before March 15.
.03 If any due date falls on a Saturday,
Sunday, or legal holiday, the return or statement is considered timely if
filed or furnished on the next day that is not a Saturday, Sunday, or legal
holiday.
.04 Tape cartridge returns postmarked
by the United States Postal Service (USPS) on or before March 15, and delivered
by United States mail to IRS/ECC-MTB after the due date, are treated as timely
under the “timely mailing as timely filing” rule. Notice 97-26,
1997-1 C.B. 413, provides rules for determining the date that is treated as
the postmark date. A similar rule applies to items delivered by private delivery
services (PDSs) designated by the IRS. A PDS must be designated by the IRS
before it will qualify for the timely mailing rule. (See Note.)
Notice 2004-83, 2004-52 I.R.B. 1030, provides the list of designated PDSs.
Designation is effective until the IRS issues a revised list. For items
delivered by a non-designated PDS, the actual date of receipt by IRS/ECC-MTB
will be used as the filing date. For items delivered by a designated PDS,
but through a type of service not designated in Notice 2004-83, the actual
date of receipt by IRS/ECC-MTB will be used as the filing date.
Note: Due to security regulations at ECC-MTB,
the Internal Revenue police officers will only accept media from PDSs or couriers
from 8:00 a.m. to 3:00 p.m., Monday through Friday.
.05 Statements to recipients must be
mailed on or before March 15.
Sec. 10. Processing of Information Returns Magnetically
at IRS/ECC-MTB
.01 All data received at IRS/ECC-MTB
for processing will be given the same protection as individual income tax
returns (Form 1040). IRS/ECC-MTB will process the data and determine if the
records are formatted and coded according to this Revenue Procedure.
.02 If the data is formatted incorrectly, IRS/ECC-MTB
will request a replacement file in writing. When IRS/ECC-MTB requests a replacement
file, it is because we encountered errors and were unable to process the media.
Filers will receive a Media Tracking Slip (Form 9267) and letter detailing
the reason(s) their media could not be processed. It is imperative that filers
maintain backup copies and/or recreate capabilities for their information
return files.
-
A replacement is an information return
file sent by the filer at the request of IRS/ECC-MTB because
of errors encountered while processing the filer’s original submission.
After necessary changes have been made, the file must be resubmitted for processing
along with the Media Tracking Slip (Form 9267) which was included in the correspondence
from IRS/ECC-MTB. Filers should never send anything to IRS/ECC-MTB marked
“Replacement” unless IRS/ECC-MTB has requested a replacement file
in writing or via the FIRE System.
.03 All fields indicated as “Required”
in the record layouts in Part C must contain
valid information. If information is not valid, IRS/ECC-MTB will request
a replacement file. For example: In the Recipient “Q” Record,
position 2, Return Type Indicator, the only valid characters are “0”
or “1”. If any other character is entered, a replacement file
will be requested.
.04 Tape cartridge files must be corrected
and returned with the Media Tracking Slip (Form 9267) to IRS/ECC-MTB within
45 days from the date of the letter. Refer to Part B, Section 6, for procedures
for correcting files submitted electronically. A penalty for failure to file
correct information returns by the due date will be assessed if the files
are not corrected and replaced within the 45 days or
if IRS/ECC-MTB requests replacement files more than two times.
A penalty for intentional disregard of the filing requirements will be assessed
if a replacement file is not received. (For penalty information, refer to
the Penalty section of the current Instructions for Form 1042-S.)
.05 A letter identifying errors encountered
will be provided. It is the responsibility of the transmitter to check the
entire replacement file for errors before resubmitting.
.06 IRS/ECC-MTB will not return tape
cartridges. Therefore, if the transmitter wants proof that IRS/ECC-MTB received
a shipment, the transmitter should select a service with tracking capabilities
or one that will provide proof of delivery.
.07 IRS/ECC-MTB will work with filers
as much as possible to assist with processing problems.
Sec. 11. Validation of Information Returns at
IRS Service Center
.01 The accuracy of data reported on
Form 1042-S will now be reviewed and validated at the IRS Service Center.
All fields indicated as “Required” in
the record layouts in Part D must contain valid information. If the Service identifies an error,
you will be notified and required to provide correct information.
.02 Know your
recipient! See Notice 2006-35, 2006-14 I.R.B. 708, for
know-your-customer rules.
.03 The tax rate entered must be a
valid tax rate based on the Internal Revenue Code or on a valid treaty article.
The valid treaty rate is based on the recipient’s country of residence
for tax purposes. The rate selected must be justified by the appropriate
treaty. A valid Tax Rate Table can be found in the Instructions for Forms
1042-S.
.04 The Gross Income amount field must
reflect pretax income. The Gross Income amount is the total income paid before
any deduction of tax at source.
.05 If a qualified intermediary, withholding
foreign partnership, or withholding foreign trust is acting as such, either
as a withholding agent or as a recipient, the TIN reported must be a QI-EIN,
WP-EIN, or WT-EIN and must begin with “98”. See definition of
QI in the Instructions for Form 1042-S.
.06 Country Codes used must be valid
codes taken from the Country Code Table. Generally, the use of “OC”
or “UC” will generate an error condition. If a recipient is claiming
treaty benefits, the Country Code can never be “OC” or “UC”.
.07 If a recipient is an “Unknown
Recipient” or “Withholding Rate Pool”, no address should
be present. These are the only two situations where a street address is not
required.
.08 A U.S. TIN for a recipient is now
generally required, particularly for most treaty benefits. The exceptions
are very limited and are listed in the current Instructions for Form 1042-S.
.09 Apply the following formula to
determine U.S. Federal Tax Withheld (field positions 48-59 of the “Q”
Record). All field positions described below are in the “Q” Record.
.10 If the Recipient Code is 20 (Unknown
Recipient), the tax rate must be
30%.
.11 When making a payment to an international
organization (e.g., United Nations) or a tax-exempt organization under IRC
501(a), use Country Code “OC”. Use “UC” only when
you have an “Unknown Recipient”.
.12 When using Exemption Code 4, the
Recipient Country of Residence Code for Tax Purposes MUST be a VALID treaty
country (e.g., tax resident of Northern Ireland use United Kingdom). Do not
use Exemption Code 4 unless a reduction or exemption of tax is based on a
treaty claim.
.13 Generally, payments under Income
Codes 06 and 08 are not exempt from withholding, however, certain exceptions
apply. See the current Instructions for Form 1042-S.
.14 If income is from gambling winnings
(Income Code 28) or is not specified (Income Code 50), the tax rate must generally
be 30%. This type of income is only exempt from withholding at source if the
exemption is based on a tax treaty that has an “Other Income”
article.
.15 If Income Code 20 (Earnings as
Artist or Athlete) is used, the Recipient Code must be 09. Do not use Recipient
Code 01 (Individual), 02 (Corporation), or 03 (Partnership). Generally, the
tax rate cannot be reduced even if a treaty may apply.
.16 When paying scholarship and fellowship
grants (Income Code 15), the Recipient’s Country of Residence for Tax
Purposes must be identified and cannot be “OC” or “UC”.
Grants that are exempt under Code Section 117 are no longer required to be
reported on Form 1042-S.
Note: Grants that are exempt under Code 117 include
only amounts provided for tuition, fees, books, and supplies to a qualified
student. Amounts provided for room and board can only be exempted under a
tax treaty and must be reported on Form 1042-S whether exempt from tax or
not.
.17 If a student is receiving compensation
(Income Code 19) or a teacher or a researcher is receiving compensation (Income
Code 18), all or part of which is exempted from tax under a tax treaty, the
Country of Residence for Tax Purposes must be identified and cannot be “OC”
or “UC”.
Sec. 12. Common Submission Problems
.01 Publication 1187 is a format document, not a tax law document. Therefore, this publication
cannot provide for all possible reporting situations. For any given record
entry, it is the responsibility of the filer to make sure that the relevant
tax law is applied to the record entry being made.
.02 Problems relating specifically
to filing Form 1042-S electronically can be found in Part B, Sec. 9.
.01 If you filed a Form 1042-S
with the IRS and later discovered an error on the filing, you must send an
amended 1042-S as soon as possible.
Note: If any information you correct
on Form(s) 1042-S changes the information previously reported on Form 1042,
you must also correct the Form 1042 by filing an amended return.
.02 The magnetic media filing
requirement of information returns of 250 or more applies separately to both
original and amended returns.
.03 Amended returns should
be filed as soon as possible. Amended returns
filed after August 1 may be subject to the maximum penalty of $50 per return.
Amended returns filed by August 1 may be subject to a lesser penalty. For
information on penalties, refer to the Penalty section of the current Instructions
for Form 1042-S. However, if a withholding agent discovers errors after August
1, the withholding agent is still required to file amended returns or be subject
to a penalty for intentional disregard of the filing requirements. If a record
is incorrect, all fields on that record must be completed with the correct
information. Submit amended returns only for the returns filed in error.
Do not submit the entire file. Furnish amended statements to recipients
as soon as possible.
.04 Amended returns must
be identified on the Form 4804 and the external media label by indicating
“Correction”.
Note: Do not include original returns
and amended returns on the same media or in the same electronic file.
.05 If filers discover that
certain information returns were omitted on their original file, they must not code these documents as amended returns. The file
must be coded and submitted as an original file.
.06 Prior year data, original
and amended, must be filed according to the
requirements of this Revenue Procedure. If submitting prior year amended
returns, use the record format for the current year and submit on separate
media. However, use the actual year designation of the amended return in
Field Positions 2-5 of the “T” Record. If filing electronically,
a separate transmission must be made for each tax year.
.07 In general, filers should
submit amended returns for returns filed within the last 3 calendar years.
.08 All paper returns, whether
original or amended, must be filed with IRS, Ogden Service Center, P.O. Box
409101, Ogden, UT 84409.
.09 Form 4804 must be submitted
with amended files submitted magnetically.
.10 The “Q” Record
provides a 20-position field (positions 72-91) for the recipient’s account
number assigned by the withholding agent. This number will help identify
the appropriate incorrect return if more than one return is filed for a particular
payee. This number should appear on the initial return and on the amended
return in order to identify and process the amended return properly. Do not enter a TIN in this field.
.11 The record sequence for
filing amended returns is the same as for original returns.
.12 Following is a chart
showing the steps to be taken for amending Form 1042-S:
.14 For information on when
an amended Form 1042 is required, refer to Pub. 515, Withholding of Tax on
Nonresident Aliens and Foreign Entities.
Sec. 14. Taxpayer Identification Number (TIN)
.01 Section 6109 of the Internal Revenue
Code establishes the general requirements under which a person is required
to furnish a U.S. TIN to the person obligated to file the information return.
.02 The Withholding Agent must provide
its EIN, QI-EIN, WP-EIN or WT-EIN as appropriate, in the “W” Record
and “T” Record if the Withholding Agent is also the transmitter.
.03 A recipient U.S. TIN (SSN, ITIN,
EIN, QI-EIN, WP-EIN, WT-EIN) must be provided on every “Q” Record
when:
-
Tax rate is less than 30% (See the current Instructions for Form 1042-S
for exceptions)
-
Income is effectively connected with the conduct of a trade or business
in the United States
-
Recipient claims tax treaty benefits (generally)
-
Recipient is a Qualified Intermediary
-
An NRA individual is claiming exemption from withholding on independent
personal services
-
Other situations may apply, see Publication 515
.04 In the event the recipient does
not have a U.S. TIN, the withholding agent should advise the recipient to
take the necessary steps to apply for one.
.05 The recipient’s U.S. TIN
and name combination are used to associate information returns reported to
IRS/ECC-MTB with corresponding information on recipients’ tax returns.
It is imperative that correct U.S. Taxpayer
Identification Numbers (TINs) for recipients be provided to IRS/ECC-MTB. Do not enter hyphens or alpha characters. Entering
all zeros, ones, twos, etc., will have the effect of an incorrect TIN.
.06 The withholding agent and recipient
names with associated TINs should be consistent with the names and TINs used
on other tax returns.
Note: A withholding agent must have a valid EIN,
QI-EIN, WP-EIN, and/or WT-EIN. It is no longer valid for a withholding agent
to use SSNs and ITINs.
Sec. 15. Effect on Paper Returns and Statements
to Recipients
.01 Electronic/magnetic reporting of
Form 1042-S eliminates the need to submit paper documents to the IRS. CAUTION: Do not send Copy A of the paper forms to IRS for any
forms filed electronically or on tape cartridge. This will result
in duplicate filing.
.02 Withholding agents are responsible
for providing statements to the recipients as outlined in the current Instructions
for Form 1042-S. Refer to those instructions for filing Form 1042-S on paper
with the IRS and furnishing statements to recipients.
.03 Statements to recipients should
be clear and legible. If the official IRS form is not used, the filer must
adhere to the specifications and guidelines in Publication 1179, General Rules
and Specifications for Substitute Forms 1096, 1098, 1099, 5498, W-2G, and
1042-S.
.04 The address for filing paper Forms
1042-S and Form 1042 is: Ogden Service Center, P.O. Box 409101,
Ogden, UT 84409. Do NOT send
paper Forms 1042-S or 1042 to IRS/ECC-MTB.
Sec. 16. Definition of Terms