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IRS.gov Website
Instructions for Form 1042-S
taxmap/instr2/i1042s-006.htm#en_us_publink64278ad0e980

taxmap/instr2/i1042s-006.htm#TXMP7d89de70
Amounts Subject to Reporting on Form 1042-S(p7)

rule
Amounts subject to reporting on Form 1042-S are amounts from U.S. sources paid to foreign persons (including persons presumed to be foreign) or included in a U.S. payee pool that are reportable under chapters 3 and 4, even if no amount is deducted and withheld from the payment because of a treaty or Code exception to taxation or if any amount withheld was repaid to the payee. Amounts subject to reporting are amounts from sources within the United States that constitute (a) fixed or determinable annual or periodical (FDAP) income (including deposit interest); (b) certain gains from the disposal of timber, coal, or domestic iron ore with a retained economic interest; and (c) gains relating to contingent payments received from the sale or exchange of patents, copyrights, and similar intangible property. A payment is also subject to reporting if withholding under chapter 4 is applied (or required to be applied) to the payment. Amounts subject to reporting on Form 1042-S include, but are not limited to, the following amounts to the extent from U.S. sources.
The partnership must withhold tax on the part of the REMIC amount that is an excess inclusion.
An excess inclusion allocated to the following foreign persons must be included in that person's income at the same time as other income from the entity is included in income.