What is Form 1042?
Form 1042, Annual Withholding Tax Return for U.S. Source Income of Foreign Persons, is an IRS tax form used to report taxes withheld on certain income paid to foreign persons or entities. Any withholding agent, such as partnerships, corporations, individuals, associations, and brokers, must file Form 1042.
What are the changes in Form 1042 for 2025?
The IRS has made several changes to Form 1042 for 2025, and it's crucial to be aware of these changes before filing your Form 1042.
1. New Rule for Borrow Fees (Refund Claims Allowed)
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The IRS issued Notice 2025-63 with a new rule on borrow fees—these are fees linked to securities lending or sale-repurchase (repo) transactions.
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Under this rule, borrow fees are treated as U.S. or foreign income based on where the recipient lives (their tax residence).
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If you withheld tax on these borrowing fees in earlier transactions (before future regulations are published), you can rely on this rule to claim a refund or credit.
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When claiming a refund:
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Attach the related Form 1042-S documents.
- Include a statement saying you are relying on Notice 2025-63.
- List the income amounts and the borrowing fee details.
Who this applies to: QIs, QSLs, withholding agents, and beneficial owners involved in securities lending or sale-repurchase transactions.
2. Direct Deposit Improvements for Refunds
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If you have a U.S. bank account, the IRS wants you to use direct deposit for refunds rather than receive a check.
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More payment options now include IRS Direct Pay for deposits and balance-due payments.
3. New Direct Deposit Entry Lines on Form 1042
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Line 71 has been expanded into 71b, 71c, and 71d.
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These new lines let you provide detailed bank information (routing number, account number, account type) to get your refund faster via direct deposit.
4. End of the “Credit Forward Framework”
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Starting after December 31, 2024, withholding agents (including QSLs) cannot use the old credit-forward system from Notice 2010-46.
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This mostly affects substitute dividend payments in a chain of securities loans or repurchase agreements
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The IRS now requires a different method for handling these credits—see FATCA FAQ 26 for details.
What is the Credit Forward Framework?
The Credit Forward Framework is a tax planning strategy that allows businesses and individuals to carry unused tax credits to offset future liabilities. This framework helps taxpayers maximize the benefits of tax credits that they may not be able to fully utilize in a given tax year due to income limitations or insufficient tax liability.
Who must file Form 1042?
Any withholding agent or intermediary responsible for receiving, controlling, holding, disposing of, or paying a withholdable payment subject to Chapter 4 withholding or any other amount subject to withholding must file Form 1042 with the IRS.
Withholding Agent
A withholding agent is any U.S. or foreign individual or entity responsible for withholding taxes on U.S.-source income paid to foreign persons. This can include individuals, trusts and estates, partnerships, businesses and organizations, nominees and government agencies, and tax-exempt organizations.
Intermediary
An intermediary is an entity that acts on behalf of another party (such as a custodian, broker, or agent). Different types of intermediary include:
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Qualified Intermediary (QI)
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Withholding Foreign Partnership (WP)
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Withholding Foreign Trust (WT)
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Nonqualified Intermediary (NQI)
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Nonwithholding Foreign Partnership (NWP)
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Nonwithholding Foreign Trust (NWT)
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Qualified Derivatives Dealer (QDD)
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Qualified Securities Lender (QSL)
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Foreign Financial Institution (FFI)
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Registered Deemed-Compliant FFI (RDCFFI)
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Participating FFI (PFFI)
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Recalcitrant Account Holder
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Passive Nonfinancial Foreign Entity (NFFE)
Each has specific roles and responsibilities outlined in these IRS regulations.
What income is reported on Form 1042?
Form 1042 covers U.S. source income subject to withholding for foreign persons, including:
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Tax withheld under Chapter 3 on income paid to foreign persons, including nonresident aliens, foreign partnerships, corporations, estates, and trusts.
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Tax withheld under Chapter 4 on withholdable payments.
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Tax withheld under Section 5000C on specified federal procurement payments.
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Payments reported on Form 1042-S under Chapters 3 or 4.
What information is required to complete Form 1042?
Form 1042 includes key details about the payment and withholding:
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Withholding Agent Information, including Employer Identification Number (EIN) and Chapter 3 & 4 status codes
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Federal Tax Liability, reported for each applicable quarter-monthly period (tax liability, not deposits)
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Designation of Tax Liability under Chapter 3 (nonresident withholding) or Chapter 4 (FATCA withholding)
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Reconciliation of U.S. Source FDAP Income
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Potential Section 871(m) Transactions
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Payments by a Qualified Derivatives Dealer (QDD)
Click here to view the step-by-step instructions to complete the 1042 form.
What do Chapter 3 and Chapter 4 codes mean on Form 1042?
Withholding agents must enter both Chapter 3 and Chapter 4 status codes to represent their withholding responsibilities accurately.
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Chapter 3: Under Sections 1441-1443 of the IRC, Chapter 3 mandates a 30% withholding rate on U.S. source Fixed, Determinable, Annual, or Periodical (FDAP) income paid to foreign persons unless a tax treaty specifies a reduced rate or exemption.
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Chapter 4 focuses on the Foreign Account Tax Compliance Act (FATCA) regulations, which require a 30% withholding on payments to foreign financial institutions (FFIs) unless they register as participating FFIs, deemed-compliant FFIs, or exempt beneficial owners.
When is the deadline to file Form 1042 for 2025?
Form 1042 must be filed by March 15 of the year following the calendar year in which the income subject to reporting was paid.
Accordingly, the deadline to file Form 1042 for the 2025 tax year is March 16, 2026. However, there is a separate deadline to deposit the taxes withheld. Check out your 1042 filing deadline for the 2025 tax year.
What are the Form 1042 penalties for late filing or payment?
If you fail to file Form 1042 by the due date, you may incur a penalty of 5% on the unpaid tax per month (or part of a month), up to a maximum of 25%. Check out our article about Form 1042 penalties for more details.
Can you get an extension for filing your Form 1042?
Yes, withholding agents can request an automatic six-month extension by filing Form 7004.
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The extension applies only to the filing deadline and does not extend the due date for any tax payments owed.
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Interest and penalties may still apply to unpaid amounts, even if an extension is granted.
To avoid penalties, withholding agents should ensure that all taxes due are paid on time, even if they request an extension.
How does Form 1042 relate to Form 1042-S?
Form 1042 is used by withholding agents to report the total tax withheld on U.S. source income paid to foreign persons. Form 1042-S reports individual income payments made to foreign persons, including wages, interest, dividends, royalties, and scholarships.
Click here to get a detailed explanation of Form 1042 and 1042-S.
How to file the tax Form 1042?
Starting with tax year 2025 returns, the IRS requires U.S. withholding agents to file Form 1042 electronically instead of submitting paper returns.
With TaxBandits, an IRS-authorized e-file provider, you can quickly and securely e-file Form 1042 while receiving instant status updates on your submission. Our streamlined process enhances accuracy, minimizes errors, and ensures compliance with IRS regulations.
Why wait? E-file Form 1042 today with TaxBandits and simplify your filing experience!
