On Demand Webinar

Form 1042 & 1042-S

Webinar Details $219

  • Rated:
  • Webinar Length: 100 Minutes
  • Guest Speaker:   Steven Mercatante
  • Topic:   Taxation and Accounting
  • Credit:   CPE 2.0, IRS 2.0
All Access Membership

Ongoing IRS audits and recent changes in the law related to payments made to Non-US Persons means that the cost to your organization can be significant if it is not ready to accurately file Forms 1042/1042-S under Federal law. Start preparing for filing and reporting season now. Join us for a 100 minute webinar to discover:

  • How to distinguish payments to US and Non-US Persons
  • Ways to handle payee request for treaty benefits
  • Key elements of the troublesome IRS source-income rule
  • Updates on 1042/1042-S reporting regulations

Program Highlights:

IRS Form 1042-S Updates: What You Need to Know Right Now

  • IRS form updates: How recent laws have changed W-8/1042-S
  • How to fulfill reporting obligations via Form 1042, 1042-S

Avoiding Problematic Reporting & Withholding Issues: How to Ensure Error Free Filing

  • Making payments to US & Non-US Persons: Keys to getting it right
  • Ways to pin-point the key elements of the IRS source-income rule

Essential Checklist for Your 1042-S Filing. What To Know Before You Report

  • Additional documentation issues of Foreign Status and Treaty Claims
  • How to identify troublesome IRS source-income rule
  • Ways to break down W-8/1042/1042-S payee & payment reporting  situations
  • Avoiding penalties: Best practices for best results

Learning Objectives:

  • IRS form updates: How recent laws have changed W-8/1042-S
  • Making payments to US & Non-US Persons: Keys to getting it right
  • Ways to break down W-8/1042/1042-S payee & payment reporting  situations
  1. Introduction
  2. What’s New 00:01:07
  3. The W-9 00:06:45
  4. W-9/W-8 Data Collection and Validation For 1042/1042-S Filing 00:11:37
  5. W-9/W-8 Data Collection and Validation - Doubting the Documentation 00:18:48
  6. W-9/W-8 Data Collection and Validation Can Flow Together - Presumptions 00:20:36
  7. W-9/W-8 Data Collection and Validation Can Flow Together - Presumptions (cont’d) 00:22:42
  8. Must Have a W-9/W-8 Due Diligence Framework - Payments and Payees 00:23:18
  9.  W-9/W-8 Payee/Payment in Practice 00:24:28
  10. Who is My Payee - Non-U.S. Status Red Flags 00:27:18
  11. Who is My Payee - U.S. or Non-U.S.? 00:31:53
  12. Who is My Payee - Resident Alien Visas  00:34:46
  13. Who is My Payee - Resident Alien and Counting Days 00:38:04
  14. Who is My Payee - Special Entity Rules 00:39:24
  15. Who is My Payee - W-9 vs. W-9 Basic Rules 00:41:09
  16. 1042-S Reportable Income: Purchase Invoices 00:43:20
  17. 1042-S Reportable Income: Hw Income is Taxed 00:48:37
  18. W-8 Payment Sourcing 00:49:20
  19. W-8’s and Treaty Benefits 01:02:16
  20. Wrap Up of General W-8 Validation Tips 01:11:33
  21. Filing Form 1042/1042-S 01:14:24
  22. Filing Fundamentals  - Extensions 01:20:44
  23. Filing Fundamentals  - Recent Changes to Forms 1042-S Information Returns 01:23:21
  24. Filing Fundamentals  - Recent Changes to Forms 1042-S Information Returns (con’t) 01:28:54
  25. File on Time and Try to Avoid Those Penalties 01:35:11
  26. Protect Yourself 01:37:57
  27. Attendee Questions 01:38:36
  28. Presentation Closing 01:40:20
  • EIN 00:24:51, 00:28:20
  • FATCA 00:07:22, 00:08:50, 01:14:56
  • Form 1042 00:06:52, 00:14:58, 01:14:25
  • Form 1042-S 00:05:31, 00:05:53, 00:14:58, 00:27:29, 00:43:23, 01:23:23
  • Form 1099-NEC 00:18:42
  • Form 8233 00:13:36, 01:03:12
  • Form 945 00:16:12
  • Form I-551 00:34:46
  • Form W-4 00:07:32
  • Form W-8 00:05:30, 00:12:12, 01:11:37
  • Form W-9 00:06:47, 00:12:02, 00:15:09
  • ITIN 00:24:49, 00:28:12
  • Nonresident Alien (NRA) 00:13:57, 01:14:47
  • Resident Alien 00:34:38
  • Substantial Presence Test (SPT) 00:38:05
  • Tax Gap 00:01:22
  • TIN 00:06:59, 00:27:56
  • W-8BEN 00:11:37, 00:26:10, 01:03:14
  • W-8BEN-E 00:11:37
  • W-8ECI 00:11:37
  • W-8EXP 00:11:37
  • W-8IMY 00:11:37

FATCA: FATCA was enacted in 2010 by Congress to target non-compliance by U.S. taxpayers using foreign accounts. FATCA requires foreign financial institutions (FFIs) to report to the IRS information about financial accounts held by U.S. taxpayers, or by foreign entities in which U.S. taxpayers hold a substantial ownership interest. (www.treasury.gov). FACTA (Fair and Accurate Credit Transactions Act) is an amendment to FCRA (Fair Credit Reporting Act ) that was added, primarily, to protect consumers from identity theft. The Act stipulates requirements for information privacy, accuracy and disposal and limits the ways consumer information can be shared.

Form W-9: Form W-9 (officially, the "Request for Taxpayer Identification Number and Certification") is used in the United States income tax system by a third party who must file an information return with the Internal Revenue Service (IRS). It requests the name, address, and taxpayer identification information of a taxpayer (in the form of a Social Security Number or Employer Identification Number). - Wikipedia (https://en.m.wikipedia.org/)

EIN: The Employer Identification Number, also known as the Federal Employer Identification Number or the Federal Tax Identification Number, is a unique nine-digit number assigned by the Internal Revenue Service to business entities operating in the United States for the purposes of identification.

Form 1042-S: Form 1042-S is used to report amounts paid to foreign persons (including persons presumed to be foreign) who are subject to income tax withholding. For an individual taxpayer, Form 1042-S is a document provided to you (and the IRS) by the payer of the income reported.

Form 945: IRS Form 945 is titled Annual Return of Withheld Federal Income Tax. Form 945 is used to report withheld federal income tax from nonpayroll payments, including distributions from qualified retirement plans.

Form W-4: Form W-4 (otherwise known as the "Employee's Withholding Allowance Certificate") is an Internal Revenue Service (IRS) tax form completed by an employee in the United States to indicate his or her tax situation (exemptions, status, etc.) to the employer.

ITIN : An Individual Taxpayer Identification Number is a United States tax processing number issued by the Internal Revenue Service. It is a nine-digit number that begins with the number 9, and the 4th and 5th digits, also known as second section, range from 70 to 88, 90 to 92 and 94 to 99.

TIN: A Taxpayer Identification Number is an identifying number used for tax purposes in the United States and in other countries under the Common Reporting Standard. In the United States, it is also known as a Tax Identification Number or Federal Taxpayer Identification Number.

Form W-8: Form W-8 is filled out by foreign entities (citizens and corporations) in order to claim exempt status from certain tax withholdings. The form is used to declare an entity's status as non-resident alien or foreign national who works outside of the United States.

Tax Gap: The gross tax gap is the difference between true tax liability for a given tax year and the amount that is paid on time. It is comprised of the nonfiling gap, the underreporting gap, and the underpayment (or remittance) gap.

Nonresident Alien (NRA): This income is taxed at a flat 30% rate, unless a tax treaty specifies a lower rate. Nonresident aliens must file and pay any tax due using Form 1040NR, U.S. Nonresident Alien Income Tax Return or Form 1040NR-EZ, U.S. Income Tax Return for Certain Nonresident Aliens with No Dependents.

Form 1099-NEC: In the context of 1099 tax filing, NEC stands for “Nonemployee Compensation” (the first letters of the three words None, Employee and Compensation). Most tax payers recognize NEC as box 7 on Form 1099-MISC. NEC is used to report income paid to independent-contractors / the-self-employed (referred to as 1099 employees for simplification purposes). So, while employers report income that gets paid to employees on Box 1 (Wages, tips, other compensation) of the W2 form, payers report income that gets paid to none-employees on Box 7 (NEC) of the 1099-MISC form. As an individual, if you received form 1099-MISC instead of Form W-2 then the payer did not consider you an employee and did not withhold income tax or social security and Medicare tax.

Resident Alien : A resident alien is a foreign person who is a permanent resident of the country in which he or she resides but does not have citizenship. To fall under this classification in the United States, a person needs to either have a current green card or have had one in the previous calendar year.

W-8BEN-E: W-8BEN-E is an important tax document which allows businesses operating outside of the U.S. to claim tax exemption on U.S.-sourced income. The official document title is Certificate of Status of Beneficial Owner for United States Tax Withholding and Reporting (Entities).

W-8BEN: Form W8-BEN, Certificate of Foreign Status of Beneficial Owner for U.S. Tax Withholding, is used by a foreign person to establish both foreign status and beneficial ownership, and to claim income tax treaty benefits with respect to income other than compensation for personal services. Give Form W-8 BEN to the withholding agent or payer if you are a foreign person and you are the beneficial owner of an amount subject to withholding. Submit Form W-8 BEN when requested by the withholding agent or payer whether or not you are claiming a reduced rate of, or exemption from, withholding.

W-8ECI: Form W-8ECI is the Certificate of Foreign Person's Claim for Exemption From Withholding on Income Effectively Connected with the Conduct of a Trade or Business in the United States. You must give Form W-8 ECI to the withholding agent or payer if you are a foreign person and you are the beneficial owner of U.S. source income that is (or is deemed to be) effectively connected with the conduct of a trade or business within the United States.

W-8IMY: This form may serve to establish foreign status for purposes of sections 1441, 1442, and 1446. The W-8IMY is used by an intermediary, a withholding foreign partnership, a withholding foreign trust, or flow-through entity.

W-8EXP: A foreign government must provide Form W-8EXP to establish eligibility for exemption from withholding for payments exempt from tax under section 892 or for purposes of establishing its status as an exempt beneficial owner.

Substantial Presence Test (SPT) : The Substantial Presence Test (SPT) is a criterion used by the Internal Revenue Service (IRS) in the United States to determine whether an individual who is not a citizen or lawful permanent resident in the recent past qualifies as a "resident for tax purposes" or a "nonresident for tax purposes"; it is a form of physical presence test. The SPT should be used in conjunction with the Green Card Test (the criterion that the individual possessed a valid Green Card at any time of the year). An individual who satisfies either one or both of these tests is treated as a resident for tax purposes.

Form 1042: Form 1042, also "Annual Withholding Tax Return for U.S. Source Income of Foreign Persons", is used to report tax withheld on certain income of foreign persons.

Form 8233: IRS Form 8233 must be completed when a non U.S. citizen is claiming tax treaty exemption from income taxes for income received for services provided as an independent contractor.

Form I-551: Form I-551 or the U.S. Permanent Resident card (also known as a Green Card) proves that foreign nationals have been approved for permanent residency in the United States. Green Card holders can legally live and work in the U.S. indefinitely.


Guest Speaker

  • Steven Mercatante

CPE Credit

Continuing Professional Education

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You must answer all questions during the webinar, view the recording completely and pass the test at the end with 70% correct answers to receive CPE credit.

IRS Credit

Preparer Tax Identification Number