Instructions for Form 1042
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2025
Instructions for Form 1042
Annual Withholding Tax Return for U.S. Source Income of Foreign Persons
Section references are to the Internal Revenue Code
unless otherwise noted.
Future Developments
For the latest information about developments related to
Form 1042 and its instructions, such as legislation
enacted after they were published, go to IRS.gov/
Form1042.
What’s New
Claim for credit or refund of amounts withheld on
certain borrow fees. On October 23, 2025, Notice
2025-63, 2025-46 I.R.B. 709, available at IRS.gov/IRB/
2025-46_IRB#NOT-2025-63, was released announcing
that the Department of the Treasury and the IRS intend to
issue proposed regulations providing that certain borrow
fees, as defined in the notice, are sourced based on the
residence of the recipient. Notice 2025-63 provides that
taxpayers can rely on the sourcing rule described in the
notice with respect to securities lending transactions and
sale-repurchase transactions entered into before the
forthcoming proposed regulations are published. A
withholding agent relying on Notice 2025-63 to claim a
collective refund permitted under an applicable agreement
with the IRS for amounts that it withheld on borrow fees
(for example, a QI claiming a collective refund under its QI
agreement) must attach copies of the Form(s) 1042-S
received to support such claim, and attach a statement
indicating reliance on Notice 2025-63 as the reason for
the claim and include the amount of income that was
subject to withholding for each payment of a borrow fee
associated with a securities lending transaction or
sale-repurchase transaction. For claims for credit or
refund by the beneficial owner of an applicable borrow fee,
see the Instructions for Form 1040-NR and the
Instructions for Form 1120-F.
Direct deposit and electronic payments. If you have
access to U.S. banking services or electronic payment
systems, you should use direct deposit for any refunds.
The IRS added another option for withholding agents to
make federal tax deposits and make balance due
payments using IRS Direct Pay. Go to IRS.gov/Payments
to see all your payment options.
New direct deposit lines. You can have your refund
directly deposited into your checking or savings account
at any U.S. bank or other financial institution instead of
having a check sent to you. Line 71 has been expanded
by adding lines 71b, 71c, and 71d for direct deposit
information.
Credit forward framework. After December 31, 2024,
withholding agents (including a QSL) may no longer use
the credit forward framework set forth in Notice 2010-46,
2010-24 I.R.B. 757, for substitute dividends paid in a
Nov 10, 2025
series of security loans or stock repurchase agreements.
See FAQ 26 under the General compliance section of
FATCA - FAQs general, available at IRS.gov/
FATCAFAQsGeneral.
Reminders
Electronic filing. Beginning for tax year 2023 (Forms
1042 filed in 2024), electronic filing requirements apply to
Form 1042. For general information about electronic filing,
see Pub. 4163, Modernized e-File (MeF) Information for
Authorized IRS e-File Providers for Business Returns.
Also see Where and When To File, later, for more
information on the electronic filing requirements for Form
1042.
Reliance on proposed regulations reducing burden
under FATCA and chapter 3. On December 18, 2018,
the IRS and the Department of the Treasury issued
proposed regulations (83 FR 64757) to reduce the burden
on taxpayers of certain requirements under chapters 3
and 4 of the Internal Revenue Code. The proposed
regulations provide that, under section 7805(b)(1)(C),
taxpayers may generally rely on the proposed regulations
until final regulations are issued. Specifically, for purposes
of these instructions, a withholding agent may rely on the
following provisions of these proposed regulations in
connection with completing Form 1042.
• Withholding and reporting in a subsequent year.
A partnership or trust that is permitted to withhold in a
subsequent year with respect to a foreign partner’s or
beneficiary’s share of income for the prior year may
designate the deposit of the withholding as
attributable to the preceding year and report the
associated amounts on Forms 1042 and 1042-S for
the preceding year. See Foreign partners of U.S.
partnerships and foreign beneficiaries of U.S. trusts,
later.
• Adjustments to overwithholding under the
reimbursement and set-off procedures. A
withholding agent may make adjustments to
overwithholding using either the reimbursement or
set-off procedure until the extended due date for filing
Form 1042-S (unless the Form 1042-S has already
been filed or furnished). Additionally, a withholding
agent may use the extended due date for filing a Form
1042 to claim a credit for any adjustments made to
overwithholding.
Centralized partnership audit regime. Section 1101 of
the Bipartisan Budget Act (BBA) of 2015 repealed the
TEFRA partnership procedures and the electing large
partnership (ELP) provisions and replaced them with a
new centralized partnership audit regime effective for
partnership tax years beginning on or after January 1,
2018. The new regime provides for determination,
Instructions for Form 1042 (2025) Catalog Number 54843T
Department of the Treasury Internal Revenue Service www.irs.gov
assessment, and collection of underpayments at the
partnership level unless certain elections are made by the
partnership. Under these rules, a partnership (or a
pass-through partner) may be required to withhold under
chapter 3 or 4 when there has been an adjustment under
the centralized partnership audit regime to an item of
income or gain allocable to a foreign person (or any other
person subject to withholding). If the adjustment is to an
amount subject to withholding that is reportable on Form
1042, the partnership (or pass-through partner) should
report the withholding on Form 1042 for the year in which
it pays the tax required to be withheld. See section
6241(9).
Section 871(m) transition. On September 12, 2022,
Notice 2022-37, 2022-37 I.R.B. 234, available at
IRS.gov/irb/2022-37_IRB#NOT-2022-37, was published
announcing the Department of the Treasury and the IRS
intention to amend the section 871(m) regulations to
further delay the effective/applicability date of certain rules
in those final regulations and certain requirements of a
qualified derivatives dealer (QDD), generally through
2024. Notice 2024-44, 2024-25 I.R.B. 1737, available at
IRS.gov/irb/2024-25_IRB#NOT-2024-44, extends the
transition relief in Notice 2022-37 for an additional 2 years.
General Instructions
Purpose of Form
Use Form 1042 to report the following.
• The tax withheld under chapter 3 (excluding
withholding under sections 1445 and 1446 except as
indicated below) on certain income of foreign persons,
including nonresident aliens, foreign partnerships,
foreign corporations, foreign estates, and foreign
trusts.
• The tax withheld under chapter 4 on withholdable
payments. For the withholding requirements of
chapter 4, see Regulations sections 1.1471-2(a),
1.1471-4(b), and 1.1472-1(a).
• The tax withheld pursuant to section 5000C on
specified federal procurement payments.
• The tax withheld under section 877A on payments of
eligible deferred compensation items or distributions
from nongrantor trusts to a covered expatriate.
• Payments that are reported on Form 1042-S under
chapter 3 or 4. See Regulations section 1.1474-1(d)
(2)(i) for the definition of a chapter 4 reportable
amount (which are amounts required to be reported
on Form 1042-S for chapter 4 purposes) and
Regulations section 1.1461-1(c)(2) for amounts
subject to reporting for chapter 3 purposes.
Certain distributions subject to section 1445 withholding tax. Publicly traded trusts, real estate investment
trusts (REITs), and regulated investment companies that
are qualified investment entities (as defined under section
897(h)(4)) must withhold section 1445 tax on certain
distributions and report such amounts on Form 1042. For
more information, see Regulations section 1.1445-8 and
the Instructions for Form 1042-S.
Publicly traded partnerships (section 1446 withholding tax). For purposes of reporting on Form 1042, a
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publicly traded partnership (PTP) must withhold section
1446(a) tax on distributions of effectively connected
taxable income (ECTI) or amounts realized on
distributions for section 1446(f) purposes made to its
foreign partners. A nominee that receives a distribution of
ECTI from a PTP and is treated as the withholding agent
for section 1446 purposes must use Form 1042 to report
the tax withheld. For purposes of section 1446(f), starting
for the 2023 year, a broker is generally required to
withhold on an amount realized from the sale of a PTP
interest that it effects for a foreign person that is the
transferor of the interest. Absent an applicable exception
to the withholding, a broker is required to withhold at a
10% rate on the amount realized and report the amount
realized and withholding on Forms 1042 and 1042-S. See
Regulations sections 1.1461-1(c)(2)(i)(Q) and (R) for
further information on this reporting. A broker is also
required to withhold under section 1446(f) on an amount
realized on a PTP distribution. For this purpose, a
nominee is a person that holds an interest in the PTP on
behalf of one or more foreign partners and that is a
domestic person, a qualified intermediary (QI) that
assumes primary responsibility for the distribution, or a
U.S. branch of a foreign person that agrees to be treated
as a U.S. person. For more information, see Regulations
sections 1.1446-4 and 1.1446(f)-4; the QI agreement in
Rev. Proc. 2022-43, 2022-52 I.R.B. 570, available at
IRS.gov/irb/2022-52_IRB#REV-PROC-2022-43; and Pub.
515, Withholding of Tax on Nonresident Aliens and
Foreign Entities.
Who Must File
Every withholding agent or intermediary who receives,
controls, has custody of, disposes of, or pays a
withholdable payment (to which chapter 4 withholding
applies) or an amount subject to withholding, must file an
annual return for the preceding calendar year on Form
1042 unless an exception to filing applies. Also, any PTP
or nominee making a distribution of ECTI under section
1446, or any entity required to report a distribution on
Form 1042-S that is subject to withholding under section
1445, must file Form 1042 for the preceding calendar
year.
You must file Form 1042 if any of the following apply.
• You are required to file or otherwise file Form(s)
1042-S for purposes of either chapter 3 or 4 (whether
or not any tax was withheld or was required to be
withheld to the extent reporting is required). File Form
1042 even if you file Form(s) 1042-S electronically.
• You file Form(s) 1042-S to report to a recipient tax
withheld by your withholding agent.
• You pay gross investment income to foreign private
foundations that are subject to tax under section
4948(a).
• You pay any foreign person specified federal
procurement payments that are subject to withholding
under section 5000C.
• You pay an eligible deferred compensation item to a
covered expatriate or you are a trustee making a
distribution from a nongrantor trust to a covered
expatriate under section 877A.
• You are a QI, withholding foreign partnership (WP),
withholding foreign trust (WT), participating foreign
Instructions for Form 1042 (2025)
financial institution (FFI), or reporting Model 1 FFI
making a claim for a collective refund under your
respective agreement with the IRS. See Regulations
section 1.1471-1(b)(114) for the definition of a
reporting Model 1 FFI.
Withholding Agent
A withholding agent is a U.S. or foreign person that has
control, receipt, custody, disposal, or payment of any item
of income of a foreign person that is subject to
withholding. A withholding agent may be an individual,
trust, estate, partnership, corporation, nominee,
government agency, association, or tax-exempt
foundation, whether domestic or foreign. For purposes of
chapter 4, a withholding agent includes a participating FFI
(PFFI) or registered deemed-compliant FFI (RDCFFI) to
the extent such FFI is required to withhold tax. See
Regulations section 1.1473-1(d) for the definition of a
withholding agent for purposes of chapter 4.
Liability for tax. As a withholding agent, you are
personally liable for any tax required to be withheld as well
as interest and any applicable penalties. A withholding
agent acting through an agent is liable for any failure of the
agent to deposit any tax required to be withheld and
deposited even if the agent is also a withholding agent
and is itself separately liable for the failure to comply with
the provisions of chapter 3 or 4.
For purposes of chapter 3, if you fail to withhold and the
foreign payee fails to satisfy its U.S. tax liability, then both
you and the foreign person are liable for tax, as well as
interest and any applicable penalties. The applicable tax
will be collected only once. If the foreign person satisfies
its U.S. tax liability, you are not liable for the tax but remain
liable for any interest and penalties for failure to withhold.
Intermediary
An intermediary is a person who acts as a custodian,
broker, nominee, or otherwise as an agent for another
person, regardless of whether that other person is the
beneficial owner of the amount paid, a flow-through entity,
or another intermediary.
QI. A QI is a foreign intermediary (or a QDD) that is a
party to a QI agreement with the IRS described in
Regulations section 1.1441-1(e)(5)(iii) or (e)(6). For
information on the QI agreement, go to IRS.gov/QISystem.
WP or WT. A WP or WT is a foreign partnership or trust
that has entered into a withholding agreement with the
IRS described in Regulations sections 1.1441-5(c)(2) and
(e)(5) in which it agrees to assume primary withholding
responsibility under chapters 3 and 4 for all payments that
are made to it for its direct partners, beneficiaries, or
owners.
Nonqualified intermediary (NQI). An NQI is any
intermediary that is not a U.S. person and that is not a QI.
Nonwithholding foreign partnership (NWP). An NWP
is a foreign partnership that is not a WP.
Nonwithholding foreign trust (NWT). An NWT is a
foreign trust that is a simple trust or grantor trust and is not
a WT.
Instructions for Form 1042 (2025)
QDD. A QDD is a QI that is an eligible entity that agrees
to assume the requirements of a QDD and the other
requirements in the QI agreement. Any applicable home
office or branch that seeks to be a QDD must qualify and
be approved for QDD status. A QDD must document itself
to a withholding agent with a Form W-8 IMY, Certificate of
Foreign Intermediary, Foreign Flow-Through Entity, or
Certain U.S. Branches for United States Tax Withholding
and Reporting, indicating that it is acting as a QDD for
payments with respect to potential section 871(m)
transactions and underlying securities that it receives in a
principal capacity, separately identify the home office or
branch as the recipient on a withholding statement (if
necessary), and indicate on the form that it will assume
primary chapters 3 and 4 withholding responsibilities and
primary Form 1099 reporting and backup withholding
responsibilities for certain payments it makes and receives
as a QDD, as well as including any other information
required by the QI agreement. See Regulations section
1.1441-1(e)(6) and the QI agreement in Rev. Proc.
2022-43 for more information. See also Notice 2022-37
and Notice 2024-44, described in Section 871(m)
transition, earlier.
Schedule Q (Form 1042). If the taxpayer, or any branch
of the taxpayer, is a QDD, the taxpayer must attach to
Form 1042 at least one Schedule Q (Form 1042), Tax
Liability of Qualified Derivatives Dealer (QDD), for each
QDD. See the Schedule Q (Form 1042) for additional
information.
Qualified securities lender (QSL). A QSL is an FFI
that is a bank, custodian, broker-dealer, or clearing
organization subject to regulatory supervision in its home
jurisdiction and that is:
1. Regularly engaged in the business of borrowing
securities of U.S. corporations and lending such
securities to unrelated customers; and
2. Subject to audit by the IRS under section 7602 or, in
the case of a QI, an external auditor.
For further information about requirements for QSL
status and the withholding requirements for substitute
dividend payments, see Notice 2010-46, 2010-24 I.R.B.
757, available at IRS.gov/irb/2010-24_IRB#NOT-2010-46.
While Notice 2010-46 is obsoleted, an entity may claim
QSL status and be treated as a recipient for substitute
dividend payments made before January 1, 2027. See
Notice 2022-37 and Notice 2024-44.
FFI. An FFI is a foreign entity described in Regulations
section 1.1471-5(d).
RDCFFI. An RDCFFI (as defined in Regulations section
1.1471-5(f)(1)) is an FFI that is deemed to satisfy the
requirements of section 1471(b). This includes a reporting
Model 1 FFI or branch of an FFI that is a reporting Model 1
FFI (see Regulations section 1.1471-1(b)(114) for the
definition of a reporting Model 1 FFI).
PFFI. A PFFI is an FFI that has agreed to satisfy the
obligations of an FFI agreement under chapter 4 with
respect to all of its branches of the FFI, other than a
branch that is a reporting Model 1 FFI or a U.S. branch.
This includes a reporting Model 2 FFI (that has entered
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into an FFI agreement with respect to a branch) and a QI
branch of a U.S. financial institution unless such branch is
a reporting Model 1 FFI.
Nonparticipating FFI. A nonparticipating FFI is an FFI
that is not a PFFI, deemed-compliant FFI, or exempt
beneficial owner.
Recalcitrant account holder. Generally, a recalcitrant
account holder is an account holder of a participating or
deemed-compliant FFI that failed to provide the
documentation required under chapter 4 to determine the
account holder’s status or to enable the FFI to report the
account as a U.S. account. See Regulations section
1.1471-5(g).
Passive nonfinancial foreign entity (NFFE). A passive
NFFE is a nonfinancial foreign entity other than an
excepted NFFE, including a WP, WT, QI, or direct
reporting NFFE. See Regulations sections 1.1471-1(b)
(80) and 1.1472-1(b).
Caution: For chapter 4 purposes, an intermediary must
provide its chapter 4 status to a withholding agent to
determine whether withholding applies to the payment.
Thus, a chapter 4 status must be provided for a
withholdable payment made to a foreign entity.
Where and When To File
Paper filing. Mail Form 1042 by the 15th day of the 3rd
month after the end of the calendar year (March 15) to:
Internal Revenue Service
P.O. Box 409101
Ogden, UT 84409
Note: If the due date falls on a Saturday, Sunday, or legal
holiday, file by the next business day.
Electronic filing. Electronic filing of Form 1042 is
required for a withholding agent that is a financial
institution. Additionally, electronic filing of Form 1042 is
required for withholding agents that are required to file 10
or more information returns, as described in Regulations
section 301.6011-2, during the year or that is a
partnership with more than 100 partners. For general
information about electronic filing, see Pub. 4163.
Extension of time to file. If you need more time to file
Form 1042, you may submit Form 7004, Application for
Automatic Extension of Time To File Certain Business
Income Tax, Information, and Other Returns.
Form 7004 does not extend the time for payment of tax.
Additional Information
Income Tax Withholding on Wages,
Pensions, Annuities, and Certain
Other Deferred Income
Use Form 941, Employer’s QUARTERLY Federal Tax
Return, to report income tax withheld and social security
and Medicare taxes on wages paid to a nonresident alien
employee.
Payments of pensions, annuities, and certain other
deferred income paid to a foreign person are subject to
withholding under section 1441 (rather than section
3405). Report these payments on Forms 1042 and
1042-S.
Use Schedule H (Form 1040), Household Employment
Taxes, to report income tax withheld and social security
and Medicare taxes on wages paid to a nonresident alien
household employee.
Election To Withhold Under Section
3406
If you are a PFFI that has made an election to withhold
under section 3406 instead of withholding under
chapter 4, use Form 945, Annual Return of Withheld
Federal Income Tax, to report tax withheld on a
withholdable payment that is also a reportable payment
made to any of your recalcitrant account holders that are
also U.S. nonexempt recipients subject to backup
withholding. Also, use Form 945 to report tax withheld on
a withholdable payment that is also a reportable payment
made to recalcitrant account holders of a PFFI or RDCFFI
that is an NQI, NWP, or NWT, or a QI that elects to be
withheld upon under section 1471(b)(3), and from whom
you received a withholding statement that indicates that
such FFI has elected for withholding under section 3406
to apply instead of withholding under chapter 4 with
respect to one or more recalcitrant account holders. See
Regulations sections 1.1471-4(b) and 1.1474-1(d)(4)(i)
(B). A withholding QI, WP, or WT that is an FFI should also
use Form 945 if it elects to withhold under section 3406 on
withholdable payments made to certain recalcitrant
account holders.
Deposit Requirements
You are required to use either the Electronic Federal Tax
Payment System (EFTPS) or IRS Direct Pay, discussed
later, to deposit the tax withheld and required to be shown
on Form 1042 (regardless of whether withholding was
applied under chapter 3 or 4 or with respect to a specified
federal procurement payment).
For details on the withholding of tax, see Pub. 515,
available at IRS.gov/Pub515.
Caution: To avoid a penalty, do not mail your deposits
directly to the IRS.
Need Assistance?
The amount of tax you are required to withhold
determines the frequency of your deposits. The following
rules explain how often deposits must be made.
If you need help completing Form 1042, call
267-941-1000 (not a toll-free number) from 6:00 a.m. to
11:00 p.m. Eastern time or write to:
Internal Revenue Service
International Accounts
Philadelphia, PA 19255-0725
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Note: If you are requesting an extension of time to file
using Form 7004, follow these rules to see if you must
make a deposit of any balance due or if you can pay it with
Form 7004. See Form 7004 and its instructions for more
information.
Instructions for Form 1042 (2025)
1. If at the end of any quarter-monthly period the total
amount of undeposited taxes is $2,000 or more, you
must deposit the taxes within 3 business days after
the end of the quarter-monthly period. (A
quarter-monthly period ends on the 7th, 15th, 22nd,
and last day of the month.) A business day is any day
other than a Saturday, Sunday, or legal holiday in the
District of Columbia.
2. If at the end of any month the total amount of
undeposited taxes is at least $200 but less than
$2,000, you must deposit the taxes within 15 days
after the end of the month. If you make a deposit of
$2,000 or more during any month except December
under rule 1, earlier, carry over any end-of-the-month
balance of less than $2,000 to the next month. If you
make a deposit of $2,000 or more during December,
any end-of-December balance of less than $2,000
should be remitted with your Form 1042 by March 15
of the following calendar year.
3. If at the end of a calendar year the total amount of
undeposited taxes is less than $200, you may either
pay the taxes with your Form 1042 or deposit the
entire amount by March 15 of the following year.
Electronic deposit requirement. You must make
electronic deposits of all depository tax liabilities using
EFTPS or IRS Direct Pay. If you fail to use EFTPS or IRS
Direct Pay, you may be subject to a 10% penalty. To enroll
in or get more information about EFTPS, call
800-555-4477 or go to EFTPS.gov. To contact EFTPS
using Telecommunications Relay Services (TRS) for
people who are deaf, hard of hearing, or have a speech
disability, dial 711 and then provide the TRS assistant the
EFTPS number above or 800-733-4829.
IRS Direct Pay is a free service that allows you to make
tax payments online directly from your bank account to the
IRS. For more information about IRS Direct Pay, go to
IRS.gov/DirectPay.
Depositing on time. For deposits made by EFTPS to
be on time, you must submit the deposit by 8 p.m. Eastern
time the day before the date the deposit is due. If you use
a third party to make deposits on your behalf, they may
have different cutoff times.
Same-day payment option. EFTPS accepts same-day
payments for business tax payments that meet the
following criteria.
1. Payment is $1 million or less.
2. Payment is submitted prior to 3:00 p.m. Eastern time
on a business day.
Business tax payments that do not meet the criteria
above must be scheduled at least one calendar day
before the tax due date by 8:00 p.m. Eastern time to reach
the IRS on time. On the date you select, the funds will be
moved to Treasury from your banking account, and your
records will be updated at the IRS.
Same-day wire payment option. If you fail to initiate a
deposit transaction on EFTPS by 8 p.m. Eastern time the
day before the date a deposit is due, you can still make
your deposit on time by using the Federal Tax Collection
Service (FTCS). If you ever need the same-day wire
Instructions for Form 1042 (2025)
payment method, you will need to make arrangements
with your financial institution ahead of time. Check with
your financial institution regarding availability, deadlines,
and costs. Your financial institution may charge you a fee
for payments made this way. To learn more about the
information you will need to provide to your financial
institution to make a same-day wire payment, go to
IRS.gov/SameDayWire to download the Same-Day Wire
Taxpayer Worksheet.
Note: All payments should be made in U.S. dollars.
Escrow procedure. See the instructions for lines 1
through 60, later, if you are using the escrow procedure
under Regulations section 1.1471-2(a)(5)(ii) or
1.1441-3(d) (and are not depositing the amount of tax
withheld with the IRS during the year). Under Regulations
section 1.1471-2(a)(5)(ii) or 1.1441-3(d), if a withholding
agent is not able to determine the portion of a payment
subject to withholding (for example, because it is unable
to determine the source of the income at the time of the
payment), a withholding agent can follow the escrow
procedures by withholding 30% on the entire payment and
depositing the amount withheld in an escrow account
instead of depositing such amounts with the IRS. With
respect to such payment, the withholding will be due the
earlier of the date a determination is made with respect to
the amount subject to withholding or 1 year from the date
the amount is placed in escrow. To the extent that
withholding is not required, the escrowed amount must be
repaid to the payee.
Note: Generally, an amount placed in escrow during 1
calendar year will be reported on a Form 1042 the
following year.
Deposits made during subsequent year. If you are
making a deposit of tax withheld in the year following the
calendar year in which the related payment was made (to
the extent permitted under an applicable regulation
section in chapter 3 or 4), you must designate the deposit
at the time that it is made as attributable to the calendar
year in which the payment was made. In such a case, you
should report the tax paid on line 65b.
For example, if a REIT declares a dividend to
shareholders of record in October, November, or
December of 2025, but pays the dividend in January of
2026, under section 857(b)(9), the dividend is treated as
having been paid by the REIT and received by each
shareholder on December 31, 2025. If the REIT chooses
to withhold when it pays the dividend in January of 2026
(pursuant to the procedures for adjusting
underwithholding in Regulations section 1.1461-2(b) or
1.1474-2(b)), it should report the liability with respect to
the distribution on its 2025 Form 1042 and should
designate the deposit of such tax as being made for 2025
(if the deposit is made by March 16, 2026).
Additionally, under proposed regulations (83 FR
64757), a partnership or trust that is permitted to withhold
in a subsequent year with respect to a foreign partner’s or
beneficiary’s share of income may designate the deposits
of the withholding as attributable to the preceding
calendar year. See Foreign partners of U.S. partnerships
and foreign beneficiaries of U.S. trusts, later.
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Interest and Penalties
If you file Form 1042 late, or fail to pay or deposit the tax
when due, you may be liable for penalties and interest
unless you can show that the failure to file or pay was due
to reasonable cause and not willful neglect.
Tip: You do not have to figure the amount of any interest
or penalties you may owe. Because figuring these
amounts can be complicated, the IRS will do it for you and
send you a bill for any amount due.
If you include interest or penalties with your payment,
identify and enter the amount in the bottom margin of
Form 1042. Do not include interest or penalties in the
balance due on line 69.
Interest. Interest is charged on taxes not paid by the due
date, even if an extension of time to file is granted. Interest
is also charged on penalties imposed for failure to file,
negligence, fraud, and substantial understatements of tax
from the due date (including extensions) to the date of
payment. Interest is figured at a rate determined under
section 6621.
Late filing of Form 1042. The penalty for not filing Form
1042 when due (including extensions) is 5% of the unpaid
tax for each month or part of a month the return is late, up
to a maximum of 25% of the unpaid tax.
Late payment of tax. The penalty for not paying tax
when due is usually one-half of 1% of the unpaid tax for
each month or part of a month the tax is unpaid. The
penalty cannot exceed 25% of the unpaid tax.
Other penalties. Penalties may be imposed for
negligence, substantial understatement of tax, and fraud.
See sections 6662 and 6663.
Avoid Common Errors
To ensure that your Form 1042 can be correctly
processed, be sure that you do the following.
• Carefully read the information provided in Pub. 515
and these instructions.
• Complete all required information for the withholding
agent including the withholding agent’s name,
address, chapter 3 and chapter 4 status codes, and
the EIN, QI-EIN, WP-EIN, or WT-EIN. Note that you
must include the withholding agent’s chapter 3
and chapter 4 status codes regardless of the
types of payments being reported on Form 1042.
• Ensure that the correct EIN is provided. If you are filing
Form 1042 as a QI, WP, or WT, enter your QI-EIN, WPEIN, or WT-EIN.
• Lines 1 through 60, Record of Federal Tax Liability,
must show the federal tax liability for payments made
during the applicable quarter-monthly period. This
section reports the tax liability, not the tax deposited
by the withholding agent.
• The sum of the monthly totals in Section 1 (lines 5, 10,
15, 20, 25, 30, 35, 40, 45, 50, 55, and 60) must match
the amount of total tax liability reported on lines 64b,
64c, and 64d.
• Do not include amounts reported as adjustments on
line 64a in the Record of Federal Tax Liability (lines 1
through 60).
6
• You must designate the tax liability as either a
chapter 3 tax liability or a chapter 4 tax liability. Report
the portion of the tax liability for the calendar year that
is a chapter 3 tax liability on line 64b. Report the
portion of the tax liability for the calendar year that is a
chapter 4 tax liability on line 64c.
• You must complete Section 2—Reconciliation of
Payments of U.S. Source FDAP Income. Section 2
must be completed even if you have not withheld any
amounts under chapter 4.
Specific Instructions
Caution: File only one Form 1042 consolidating all Form
1042-S recipient information for both chapter 3 and 4
purposes regardless of the number of different clients,
branches, divisions, or types of income for which you are
the withholding agent. However, if you are acting in more
than one capacity (for example, you are acting as a QI for
certain designated accounts and as an NQI for other
accounts), file a separate Form 1042 for each capacity in
which you are acting.
A U.S. branch of a PFFI that is required to report
amounts under chapter 4 must file a separate Form 1042.
Rounding off to whole dollars. You must round off
cents to whole dollars. To round off amounts to the
nearest dollar, drop amounts under 50 cents and increase
amounts from 50 to 99 cents to the next dollar. For
example, $1.39 becomes $1 and $2.50 becomes $3. If
you have to add two or more amounts to figure the amount
to enter on a line, include cents when adding and only
round off the total.
Employer identification number (EIN). You are
required to enter your EIN. If you are filing Form 1042 as a
QI, WP, or WT, enter your QI-EIN, WP-EIN, or WT-EIN.
If you are a QSL that is also a QI, enter your QI-EIN.
Otherwise, enter the EIN you have been assigned.
If you are, for chapter 4 purposes, a PFFI or other
financial institution that has been issued a global
intermediary identification number (GIIN) for chapter 4
reporting purposes, you must nevertheless get an EIN to
file Form 1042 (or use your existing EIN, such as a QI-EIN
in the case of a QI if filing in such capacity).
If you are a PFFI or other financial institution filing this
form on behalf of a branch other than your U.S. branch,
you cannot use the EIN of the U.S. branch to file this form
and you must get a separate EIN to file this form on behalf
of all your branches other than your U.S. branch.
If you do not have an EIN, go to IRS.gov/EIN for
information on how to apply. File amended Forms 1042-S
when you receive your EIN.
To get a QI-EIN, WP-EIN, or WT-EIN, submit Form
SS-4, Application for Employer Identification Number, with
your application for that status with the Qualified
Intermediary, Withholding Foreign Partnership,
Withholding Foreign Trust Application and Accounts
Management System (QAAMS) at IRS.gov/QISystem. Do
not send an application for a QI-EIN, WP-EIN, or WT-EIN
to the addresses listed in the Instructions for Form SS-4.
For questions regarding the QI application process,
Instructions for Form 1042 (2025)
contact the Foreign Intermediaries Program at
lbi.fi.qiwpissues@irs.gov.
you are not reporting any negative amounts on lines 1
through 60. See Adjustment for Overwithholding, later.
Address. Include the suite, room, or other unit number
after the street address. If your post office does not deliver
mail to the street address and you have a P.O. box, show
the box number instead of the street address. Enter the
country code from the list at IRS.gov/CountryCodes.
Caution: Lines 1 through 60 must show the withholding
agent’s record of federal tax liability for payments made
during the applicable quarter-monthly period. Withholding
agents should report the tax liability for each period,
rather than the amount of tax actually deposited with the
IRS. As such, the sum of lines 5, 10, 15, 20, 25, 30, 35,
40, 45, 50, 55, and 60 should be reported on lines
64b through 64d, as applicable (see the instructions
for lines 64b through 64d, later).
Chapter 3 and 4 status codes of withholding agent.
Enter your chapter 3 and chapter 4 status codes from the
list of “Type of Recipient, Withholding Agent, Payer, or
Intermediary Code” on Form 1042-S. You must enter both
a chapter 3 and a chapter 4 withholding agent status code
regardless of the type of payment being made. See pages
2 and 3 of these Form 1042 instructions for definitions of
intermediary, qualified intermediary (QI), withholding
foreign partnership (WP), withholding foreign trust (WT),
nonqualified intermediary (NQI), qualified securities
lender (QSL), participating FFI (PFFI), and registered
deemed-compliant FFI (RDCFFI). See the Form 1042-S
instructions for definitions of U.S. branch of a PFFI or
RDCFFI treated as a U.S. person, territory financial
institution (FI) treated as a U.S. person, and flow-through
entity.
Caution: Withholding agents should use the applicable
code that is most specific to your status (for example,
chapter 3 status code 12 (qualified intermediary)).
Withholding agents are to use specified chapter 4
status codes on Forms 1042-S for payments made. See
the 2025 Instructions for Form 1042-S. A U.S. financial
institution should continue to use its own withholding
agent chapter 4 status code (code 01) for purposes of
completing Form 1042 if there are any payments made by
the U.S. home office reflected on the form. Otherwise, use
chapter 4 status code 50 (U.S. withholding agent—foreign
branch of FI) unless a more specific status code applies
(for example, chapter 4 status code 07 (registered
deemed-compliant FFI—reporting Model 1 FFI)).
A QI that is a QDD should use the withholding agent
chapter 3 status code for a QI (code 12) for purposes of
filing its Form 1042, regardless of the types of payments it
made for the calendar year. However, a QI that is a QDD
should use the withholding agent chapter 3 status code
for a QDD (code 35) for purposes of reporting on Form
1042-S a payment that it made in its capacity as a QDD.
Section 1—Record of Federal Tax
Liability
Lines 1 through 60. Except as otherwise provided in
these instructions, include the tax liability for the period in
which the income was paid or distributed regardless of
whether the liability is under chapter 3 or 4 and regardless
of whether the liability was satisfied through withholding or
was paid by the withholding agent (see the instructions for
box 11 of Form 1042-S). Do not enter any negative
amounts on these lines. If you are required to report a
reduction to liability on line 59 (because you made a
repayment under the reimbursement or set-off procedure),
and this results in a negative amount of tax liability for the
period corresponding to line 59, you should instead report
any negative amount for the next earlier period(s) so that
Instructions for Form 1042 (2025)
Caution: Withholding and depositing of tax is not
required under both chapters 3 and 4 for the same
payment. In the case of a payment for which withholding is
required under chapters 3 and 4, a withholding agent may
credit the withholding applied under chapter 4 against its
liability for any tax due under section 1441, 1442, or 1443.
For a payment subject to withholding under section 1445
or 1446, withholding under chapter 4 does not apply.
Foreign partners of U.S. partnerships and foreign
beneficiaries of U.S. trusts. To the extent that a
domestic partnership has not distributed a foreign
partner’s distributive share of income subject to
withholding under section 1441, 1442, or 1443, or under
chapter 4, it should not include any tax liability on lines 1
through 60 for tax relating to the partner’s distributive
share in the year the partnership earns the income,
subject to Regulations section 1.1441-2(e)(7) for certain
amounts with respect to section 871(m) transactions and
the rule for QDDs in the QI agreement. For distributive
shares not actually distributed, the partnership must
include any tax liability on lines 1 through 60 of the Form
1042 for the following year. Include the tax liability on the
line that represents the earlier of the following dates.
• The date on which the Schedule K-1 (Form 1065),
Partner’s Share of Income, Deductions, Credits, etc.,
is sent or otherwise furnished to the foreign partner.
• The due date for furnishing Schedule K-1 (Form 1065)
to the partner.
Include such tax liability for the period that includes the
date the tax was required to be withheld. See Regulations
section 1.1441-5(b)(2)(i)(A).
A domestic trust should report on lines 1 through 60 in
the same manner as a U.S. partnership to the extent that it
is required to distribute, but has not actually distributed, a
foreign beneficiary’s share of distributable net income
subject to withholding under section 1441, 1442, or 1443,
or under chapter 4, before the date (without extensions)
on which the income is required to be reported on Form
1042-S. See Regulations section 1.1441-5(b)(2)(ii).
Example. In 2025, USP, a U.S. partnership, has
foreign partners that are individuals and for which it has
obtained valid documentation to establish their foreign
status. The withholding tax under section 1441 relating to
the distributive shares of the foreign partners was $120.
USP made no distributions in 2025. On the 2025 Form
1042, USP did not enter any amount as tax liability on
lines 1 through 60 because it did not distribute any
amounts.
7
USP made a distribution on February 11, 2026, that
related to the 2025 distributive shares of the foreign
partners. USP withheld $100 at the time of the distribution.
USP sent the 2025 Schedules K-1 (Form 1065) to its
partners on April 2, 2026.
On the 2026 Form 1042, USP entered $100 on line 7.
This is the tax liability for the period (February 8 through
15) during which it made a distribution. USP entered $20
on line 16. This is the tax liability for the period (April 1
through 7) during which it furnished the Schedules K-1
(Form 1065) to the partners.
Tip: For other than a PTP, use Form 8804, Annual Return
for Partnership Withholding Tax (Section 1446), to report
withholding tax liability on the partnership’s income
effectively connected with a U.S. trade or business.
Note: For rules that apply to withholding on section
871(m) transactions, see Regulations section 1.1441-2(e).
For rules that apply to withholding by QDDs, see the QI
agreement.
Withholding and reporting in a subsequent year.
Proposed regulations issued on December 18, 2018 (83
FR 64757), would allow partnerships or trusts that are
permitted to withhold in a subsequent year with respect to
a foreign partner’s or beneficiary’s share of income for the
prior year to designate the deposit of the withholding as
attributable to the preceding year. In such a case, the
partnership or trust will be required to report the
associated amount and tax withheld on Forms 1042 and
1042-S for the preceding year. If a partnership withholds
on a foreign partner’s share of income after March 15 of
the subsequent year, the due date for filing the applicable
Form(s) 1042-S is September 15 of the subsequent year.
For example, if a partnership withholds on April 1, 2026,
with respect to a foreign partner’s share of undistributed
income for the 2025 calendar year, the partnership may
designate the deposit as made for 2025 and report the
liability and tax withheld on the 2025 Form 1042 and the
2025 Form 1042-S for the partner. The partnership or trust
must also ensure that its chapter 3 status code properly
reflects its status as a partnership or trust (including as a
WP or WT). The associated liability should be reported on
line 59, with the share of income to the partner or
beneficiary reported on line 62, and the amount withheld
reported on line 65b.
Note: Reporting in the preceding year is also permitted
when a partnership or trust allocates a share of income
allocable to a partner or beneficiary attributable to the
preceding year that was not distributed during that year,
provided that the partnership meets the previously
referenced due date of September 15, 2026, for the
applicable Form(s) 1042-S.
Note: A U.S. partnership or trust may rely on the
proposed regulations for 2025 in lieu of the reporting
described earlier. See Foreign partners of U.S.
partnerships and foreign beneficiaries of U.S. trusts,
earlier. The proposed regulations may also be applied by
a foreign partnership or trust that itself withholds as
described above.
8
Note: For rules that apply for WPs and WTs, see Rev.
Proc. 2017-21, 2017-6 I.R.B. 791, available at IRS.gov/irb/
2017-06_IRB#RP-2017-21.
Corporate distributions. Do not include on lines 1
through 60 any tax liability caused by adjustments of
underwithheld tax on corporate distributions made in
calendar year 2025 if the following apply.
• The distributing corporation made a reasonable
estimate of accumulated and current earnings and
profits under Regulations section 1.1441-3(c)(2)(ii)(A)
or 1.1474-6(c)(2)(ii).
• The distributing corporation or intermediary
immediately paid over the underwithheld tax by March
16, 2026.
Instead, include these payments of underwithheld tax
on line 64a.
Excise tax on specified federal procurement payments. Section 5000C imposes a 2% tax on any foreign
person that receives a specified federal procurement
payment. Include on lines 1 through 60 any withholding
obligation under section 5000C with respect to specified
federal procurement payments. Report the amount on the
line that corresponds with the date the deposit was due.
Specified federal procurement payment. A
“specified federal procurement payment” means any
payment made pursuant to a contract with the U.S.
Government entered into after January 1, 2011, for the
provision of goods, if such goods are manufactured or
produced in any country which is not a party to an
international procurement agreement with the United
States, or the provision of services, if such services are
provided in any country which is not a party to an
international procurement agreement with the United
States.
QIs with no primary chapters 3 and 4 withholding responsibility. If you are a QI that did not assume primary
withholding responsibility under both chapters 3 (including
sections 1446(a) and (f)) and 4, enter the total amount of
the tax liability of U.S. withholding agent(s) under both
chapters 3 and 4 on line 59. Report all other amounts on
the line that corresponds with the date the liability was
incurred.
Note: Reporting on line 59 as described above also
applies to any other entity that reports on Form 1042 to
the extent such entity claims a credit on line 67 for
amounts withheld by another withholding agent (whether
under chapter 3 or 4).
Adjustments to withholding. If you used procedures for
adjusting overwithholding or underwithholding, see
Adjustment for Overwithholding and Adjustment for
Underwithholding, later, for instructions on reporting on
lines 1 through 60.
Escrow procedure. A withholding agent that withheld
tax during calendar year 2025 and that was not required to
deposit with the IRS the amount of tax withheld during
calendar year 2025 pursuant to the escrow procedure
under Regulations section 1.1471-2(a)(5)(ii) or
1.1441-3(d) should not report such amount as a liability on
lines 1 through 60 or lines 64a through 64d and should not
report such amount as withheld on lines 63a through 63d.
Instructions for Form 1042 (2025)
An amount held in escrow is required to be reported on
the future calendar-year return for the year in which the
withholding agent is required to deposit the amount of tax
with the IRS.
Withholding after the time of payment. In limited
cases, the regulations under chapters 3 and 4 allow you to
withhold after the time that a payment has been made. In
such a case, you should include the tax liability for the
period in which you actually withheld with respect to the
payment. If you withheld in the year following the calendar
year in which the payment was made, include the tax
liability relating to the payment on line 59 for the year you
made the payment. For example, if a deemed distribution
under section 305(c) is made on August 15, 2025, but you
are not required to withhold with respect to the deemed
distribution until a subsequent payment of interest is made
on February 15, 2026 (see Proposed Regulations section
1.1441-2(d)(4)), report the tax liability related to the
deemed distribution on line 59.
You should report on line 63c(2) the amounts you
withheld in the following calendar year in which the
payment was made. You should also report deposits of
amounts withheld in the year following the calendar year in
which the payment was made on line 65b.
Line 61. Enter the number of Forms 1042-S filed on
paper and electronically.
Total Gross Amounts Reported
Lines 62a through 62c. Enter the amounts reported on
all Forms 1042-S for the calendar year (regardless of
whether the form was filed electronically or on paper) and
for all Forms 1000, Ownership Certificate.
Caution: Be sure to reconcile amounts on Form 1042
with amounts on Forms 1042-S (including Forms 1042-S
filed electronically) to avoid unnecessary correspondence
with the IRS.
Line 62a. The amount on line 62a should equal the
sum of all amounts shown in box 2 of Form 1042-S that
are payments of U.S. source Fixed, Determinable, Annual,
or Periodical (FDAP) income, less the sum of all amounts
that are U.S. source substitute payments reported on
line 62b.
Line 62b. The amount on:
• Line 62b(1) should equal the sum of all amounts
shown in box 2 of Form 1042-S that are U.S. source
substitute dividend payments, and
• The amount shown on line 62b(2) should equal all
amounts shown in box 2 of Form 1042-S that are U.S.
source substitute payments other than substitute
dividend payments.
See Regulations section 1.1441-2(b)(4) regarding
substitute payments.
Line 62c. The amount on line 62c should equal the
sum of all amounts of U.S. source FDAP income shown in
box 2 of Form 1042-S and all amounts shown as gross
interest paid on Forms 1000.
Line 62d. Enter gross amounts of U.S. source FDAP
income reportable on Forms 1000 and Forms 1042-S if
different from the total gross amounts actually reported on
Forms 1000 and Forms 1042-S (as shown on line 62c).
Instructions for Form 1042 (2025)
Total Tax Reported as Withheld or Paid
Lines 63a through 63e. Except as noted directly below,
enter for each line the amounts reported for all Forms
1042-S (regardless of whether the form was filed
electronically or on paper) and for all Forms 1000.
Line 63a. The amounts reported on line 63a should be
the amounts actually withheld by the withholding agent
before any applicable adjustments reported on lines
63c(1) and 63c(2).
Line 63c(1). The amounts reported on line 63c(1)
should be amounts you repaid to the beneficial owner or
payee in the year following the calendar year of
overwithholding pursuant to either the reimbursement or
set-off procedure (and should also be reported as a
reduction in tax liability on line 59). See Adjustment for
Overwithholding, later. The total of the amounts reported
on line 63c(1) should equal the sum of all amounts
reported in box 9 of the corresponding Forms 1042-S.
Line 63c(2). The amounts reported on line 63c(2)
should be amounts that you withheld in the year following
the calendar year of underwithholding from future
payments made to a beneficial owner or from other
property or additional contributions of a beneficial owner
that you hold in custody or otherwise control. See
Adjustment for Underwithholding, later. Also report on
line 63c(2) any other amounts that you withheld in the year
following the calendar year in which the related payments
were made (to the extent permitted under an applicable
regulation section in chapter 3 or 4). See Withholding after
the time of payment, earlier, for how to report the tax
liability related to such payments.
Note: The total of the amounts reported on lines 63a and
63c(2) should equal the sum of all amounts withheld by
the withholding agent and reported in box 7a of the
corresponding Forms 1042-S.
Note: The total of the amounts reported on lines 63b(1)
and 63b(2) should equal the sum of all amounts reported
in box 8 of all Forms 1042-S sent to recipients.
Line 63d. The amounts reported on line 63d should be
the amounts paid by the withholding agent from its own
funds rather than through withholding from the payment to
the recipient. The amount on line 63d should equal the
sum of all amounts reported in box 11 of all Forms 1042-S
sent to recipients.
Note: Amounts withheld and held in escrow (and not
deposited with the IRS) pursuant to the escrow procedure
under Regulations section 1.1471-2(a)(5)(ii) or 1.14413(d) are not reported on lines 63a through 63d until the
year they are deposited with the IRS. See the instructions
for lines 1 through 60, earlier. Therefore, amounts that are
reported as held in escrow (see box 7b of Form 1042-S)
are not taken into account for purposes of reconciling lines
63a through 63d with the corresponding Forms 1042-S.
Total Net Tax Liability
Line 64a. Include on line 64a any adjustments to total net
tax liability. For example, report any adjustment to liability
when:
• A distributing corporation made a reasonable estimate
of accumulated and current earnings and profits under
9
Regulations section 1.1441-3(c)(2)(ii)(A) or
1.1474-6(c)(2)(ii); and
• A distributing corporation or intermediary paid over
any underwithheld tax with respect to the distribution
by March 16, 2026.
Note: The amount reported on line 64a must not be
included in the Record of Federal Tax Liability (lines 1
through 60).
Lines 64b and 64c. Enter the sum of the amounts
reported on the Record of Federal Tax Liability (that is, the
sum of lines 5, 10, 15, 20, 25, 30, 35, 40, 45, 50, 55, and
60) that are attributable to liability under chapter 3 (on
line 64b) and chapter 4 (on line 64c). The amounts shown
on lines 64b and 64c should not include any amounts
shown on lines 64a and 64d. Do not make any other
adjustments to this line.
another withholding agent on substitute dividends paid in
a series of stock loans or stock repurchase agreements.
See FAQ 26 under the General compliance section of
FATCA - FAQs general.
Line 69. If you have a balance due, the IRS recommends
paying electronically whenever possible. Go to IRS.gov/
Payments to see all your payment options.
Lines 70a and 70b. Enter on line 70a any overpayment
attributable to payments subject to withholding under
chapters 3 and 4. Enter on line 70b any overpayment
attributable to payments subject to the excise tax on
specified federal procurement payments. Do not include
on these lines any overpayment attributable to amounts
that were actually withheld from the beneficial owner
(unless such amounts were repaid pursuant to the
reimbursement or set-off procedure).
Line 64d. Enter on line 64d amounts reported on the
Record of Federal Tax Liability that are attributable to
liability for specified federal procurement payments under
section 5000C.
Overpayment credit. If you are claiming the credit,
check the appropriate box on line 71a. If you claim a
credit, it can reduce your required deposits of withheld tax
for 2026.
Line 64e. The amount on line 64e should equal the sum
of lines 64a through 64d.
Note: If you repaid the recipient overwithheld amounts
after year-end 2025 using the reimbursement or set-off
procedure, you are not able to claim a refund for such an
amount on the 2025 Form 1042. Instead, you must
indicate on line 71a that you are claiming a credit to be
applied to the 2026 calendar year. See Adjustment for
Overwithholding, later.
Reporting of Taxes Paid and Overpayment or
Balance Due
Line 65. Enter the total tax deposits you made for the
year (including amounts paid with an extension of time to
file). Enter deposits of tax withheld during the calendar
year in which the related payment was made on line 65a.
Enter deposits of tax withheld during the year following the
calendar year in which the related payment was made (to
the extent permitted under an applicable regulation
section in chapter 3 or 4) on line 65b. See Withholding
and reporting in a subsequent year, earlier.
Line 66. Enter any overpayment reported on the 2024
Form 1042 that you are applying as a credit on the 2025
Form 1042. See Lines 71b through 71d, later.
Line 67. You are permitted to take a credit for amounts
withheld by other withholding agents that relate to the total
net tax liability reported on lines 64b and 64c. For
example, you are a QI and the amount you entered on
line 64b includes amounts withheld by a U.S. withholding
agent under chapter 3 with respect to payments made to
you as an intermediary on behalf of your account holders.
You may take a credit on line 67 for the amounts that were
withheld by the U.S. withholding agent. The amount on
line 67 should equal the sum of box 8 of all Forms 1042-S
that you file for the year.
All withholding agents (including QIs, WPs, WTs, NQIs,
NWPs, and NWTs) must substantiate entries on lines 67a
and 67b by attaching a supporting Form(s) 1042-S or
1099 to verify the credit amounts claimed for withholding
by other withholding agents. Failure to do so will result in
the denial of the refund or credit being claimed. If you are
a PTP or a nominee withholding under section 1446, the
tax paid for a payee may only be claimed as a credit by the
payee.
However, a withholding agent (including a QSL) may
not claim on line 67b a credit for prior withholding by
10
Line 71a. You may claim an overpayment (the sum of
lines 70a and 70b) as a refund or a credit.
Lines 71b through 71d. Direct deposit of refund. If
you elect to have the refund directly deposited into your
checking or savings account at any U.S. bank or other
financial institution instead of having a check sent to you,
complete lines 71b through 71d.
Line 71b. The routing number must be nine digits.
Line 71c. Check the appropriate box for the type of
account. Do not check more than one box. If unknown,
leave blank.
Line 71d. The account number can be up to 17
characters (both numbers and letters). Include hyphens
but omit spaces and special symbols. Enter the number
from left to right and leave any unused boxes blank.
Adjustment for Overwithholding
What to do if you overwithheld tax depends on when you
discover the overwithholding.
Overwithholding discovered by March 15 of the following calendar year. If you discover that you
overwithheld tax by March 15 of the following calendar
year, you may use any undeposited amount of tax to make
any necessary adjustments between you and the recipient
of the income before you make a deposit. Repay the
recipient and reduce the amount of your total deposit.
Report the reduced tax liability on lines 1 through 60 for
the period(s) for which you repaid the overwithheld tax.
If the undeposited amount is not enough to make any
adjustments, or if you discover the overwithholding after
the entire amount of tax has been deposited, you can use
Instructions for Form 1042 (2025)
either the reimbursement or set-off procedure to adjust the
overwithholding.
Tip: If March 15 is a Saturday, Sunday, or legal holiday,
the next business day is the final date for these actions.
Reimbursement procedure. Under the
reimbursement procedure, you repay the beneficial owner
or payee the amount overwithheld. You use your own
funds for this repayment and may reimburse yourself for
an amount repaid by reducing the amount of any
subsequent deposit of tax made during the calendar year
or the subsequent calendar year. You must make the
repayment by the earlier of:
• The date you actually file Form 1042-S for the
calendar year in which the amount was overwithheld;
or
• The due date for filing Form 1042-S for the calendar
year (generally, March 15 of the year after the
calendar year in which the amount is overwithheld).
The reimbursement amount may not be more than the
amount you actually repaid. The amount of the reduced
tax liability for amounts repaid to the beneficial owner or
payee during the calendar year must be reflected on the
line for the period you reduced your liability. The amount
reported on line 59 for the calendar year for which you
overwithheld tax must reflect the amount of the reduced
tax liability for amounts you repaid the beneficial owner or
payee in the subsequent calendar year, if applicable.
Amounts reported on line 63c(1) should be limited to
amounts repaid to the beneficial owner or payee in the
subsequent calendar year (before the earlier of the filing of
the associated Form 1042-S or the due date for such
form). On line 71a, indicate that you are claiming a credit
to be applied in the 2026 calendar year for amounts you
repay the beneficial owner or payee in the subsequent
calendar year (note that you may not claim a refund for
such an amount).
For example, if you overwithhold tax in 2025, you must
repay the beneficial owner by March 16, 2026 (or the date
on which you filed the associated Form 1042-S with the
IRS, if earlier). You must keep a receipt showing the date
and amount of the repayment and provide a copy of the
receipt to the beneficial owner if you repaid the beneficial
owner. If you repaid the beneficial owner after year-end
2025, you must report the repayment on line 63c(1). You
must reduce your federal tax liability on line 59 of your
2025 Form 1042 by the amount of the repayment and
claim a credit on line 71a for the difference between your
tax liability and your deposits with the IRS. You may
reimburse yourself by reducing any subsequent deposits
you make before the end of calendar year 2026 (the year
after the calendar year in which the amount was
overwithheld).
Set-off procedure. Under the set-off procedure, you
repay the beneficial owner or payee the amount
overwithheld by reducing the amount you would have
been required to withhold on later payments you make to
that person but only if made before the earlier of:
• The date you actually file Form 1042-S for the
calendar year in which the amount was overwithheld;
or
Instructions for Form 1042 (2025)
• The due date for filing Form 1042-S for the calendar
year (generally, March 15 of the year after the
calendar year in which the amount is overwithheld).
The reductions that you applied pursuant to the set-off
procedure during the calendar year must be reflected on
the line for the period you reduced your liability. The
amount reported on line 59 for the calendar year for which
you overwithheld tax must reflect reductions that you
applied pursuant to the set-off procedure during the
subsequent calendar year, if applicable. Amounts
reported on line 63c(1) should be limited to amounts
repaid to the beneficial owner or payee (by reducing the
withholding on a later payment) in the subsequent
calendar year (before the earlier of the filing of the
associated Form 1042-S or the due date for such form).
On line 71a, indicate that you are claiming a credit to be
applied to the 2026 calendar year for amounts you set off
in the subsequent calendar year (note that you may not
claim a refund for such an amount).
For 2025, a withholding agent may rely on proposed
regulations (83 FR 64757), which allow adjustments to
overwithholding using the reimbursement or set-off
procedure until the extended due date for filing Form
1042-S (unless a Form 1042-S has already been filed with
the IRS or furnished to the recipient). A withholding agent
may also use the extended due date for filing Form 1042
to claim a credit for any adjustments to overwithholding.
Overwithholding discovered at a later date. If you
discover after March 15 of the following calendar year that
you overwithheld tax for the prior year, do not adjust the
amount of tax liability reported on Form 1042 or on any
deposit or payment for that prior year. Do not repay the
beneficial owner or payee the amount overwithheld unless
you are a QI, WP, WT, PFFI, or reporting Model 1 FFI
making a claim for a collective refund under your
respective agreement with the IRS. See Regulations
section 1.1471-1(b)(114) for the definition of a reporting
Model 1 FFI.
In this situation, the recipient will have to file a U.S.
income tax return (Form 1040-NR or Form 1120-F) or, if a
tax return has already been filed, a claim for refund (Form
1040-X or amended Form 1120-F) to recover the amount
overwithheld.
Adjustment for Underwithholding
Under the procedures for adjusting underwithholding (see
Regulations sections 1.1461-2(b) and 1.1474-2(b)), you
may withhold from future payments made to a beneficial
owner the tax that should have been withheld, or satisfy
the tax from property or additional contributions of the
beneficial owner that you hold in custody or otherwise
control, before the date (without extensions) that the Form
1042 is required to be filed. You should report the liability
related to such withholding on lines 1 through 60 for the
period during the year in which you adjusted
underwithholding by withholding additional tax. If you
adjust underwithholding by withholding in the year
following the calendar year of underwithholding, you
should report the increased liability on line 59 for the year
in which the underwithholding occurred. Amounts
reported on line 63c(2) should be limited to amounts
withheld in the year following the calendar year of
11
underwithholding (before the date that the Form 1042 is
required to be filed without extensions). You should report
deposits of amounts withheld in the year following the
calendar year of underwithholding pursuant to these
procedures on line 65b. See Deposits made during
subsequent year, earlier, for how to designate such
deposits as attributable to the year of underwithholding.
Section 2—Reconciliation of U.S.
Source FDAP Income
This section is used by the withholding agent to reconcile
the amount of U.S. source FDAP income reportable under
chapter 4 and paid by the withholding agent during the
calendar year with the total amount of U.S. source FDAP
income reported on all Forms 1042-S filed by the
withholding agent for the calendar year (including
amounts reported under both chapter 3 and chapter 4).
You must complete this section even if you did not make
any payments subject to chapter 4 withholding during the
calendar year. This section also allows reporting of the
amounts of U.S. source FDAP income for which chapter 4
withholding is required and reporting of the amounts for
which withholding is not required according to the
exemption from chapter 4 withholding applicable to each
such amount.
Note: The amounts of U.S. source FDAP income
reportable for chapter 4 are:
• Payments of U.S. source FDAP income for which
withholding under chapter 4 was applied to the
payment, plus
• Payments of U.S. source FDAP income for which
withholding under chapter 4 was not required but that
are subject to reporting for chapter 3 purposes on
Forms 1042-S.
Line 1. Enter the amounts of U.S. source FDAP income
required to be withheld upon under chapter 4, including
amounts withheld upon but for which no deposit has been
made under an escrow procedure.
Line 2. Enter amounts of U.S. source FDAP income not
required to be withheld upon under chapter 4 on lines 2a
through 2d according to the exception to withholding that
applied to each payment reportable on Form 1042-S. The
amount on line 2e should equal the sum of lines 2a
through 2d.
Line 2a. Enter the amounts of U.S. source FDAP
income that are withholdable payments, but for which the
withholding agent has obtained documentation that
establishes a chapter 4 status that does not require
withholding under chapter 4 (for example, PFFI).
The amount reported on this line should generally
equal the aggregate amount reported in box 2 of all of the
Forms 1042-S you filed for the calendar year for which the
following chapter 4 exemption codes were reported in
box 4a.
• Code 15 (payee not subject to chapter 4 withholding).
• Code 17 (foreign entity that assumes primary
withholding responsibility).
• Code 18 (U.S. payees of participating FFI or
registered deemed-compliant FFI).
• Code 19 (exempt from withholding under IGA).
• Code 20 (dormant account).
12
• Code 21 (other payment not subject to chapter 4
withholding).
Line 2b. Enter the amounts of U.S. source FDAP
income that are not withholdable payments because they
are nonfinancial type payments (for example, royalties,
services, rents). The amount reported on this line should
generally equal the aggregate amount reported in box 2 of
all of the Forms 1042-S you filed for the calendar year for
which exemption code 16 (excluded nonfinancial
payment) was included in box 4a.
Line 2c. Enter the amounts of U.S. source FDAP
income that are not withholdable payments because they
are payments related to grandfathered obligations (for
example, obligations outstanding on July 1, 2014). See
Regulations section 1.1471-2(b). The amount reported on
this line should generally equal the aggregate amount
reported in box 2 of all of the Forms 1042-S you filed for
the calendar year for which exemption code 13
(grandfathered payment) was included in box 4a.
Line 2d. Enter the amounts of U.S. source FDAP
income that are not withholdable payments because they
are payments of effectively connected income (ECI). The
amount reported on this line should generally equal the
aggregate amount reported in box 2 of all of the Forms
1042-S you filed for the calendar year for which exemption
code 14 (effectively connected income) was included in
box 4a.
Line 2e. Enter the sum of all amounts of U.S. source
FDAP income required to be reported on Form 1042 but
that are not required to be withheld upon under chapter 4
(sum of lines 2a through 2d).
Line 4. Enter the sum of all amounts shown in box 2 of
Form 1042-S that are payments of U.S. source FDAP
income (including amounts reported under both chapter 3
and chapter 4). The amount on line 4 should equal the
total gross amounts of U.S. source FDAP income reported
on line 62c.
Line 5. The amount on line 5 should be the total reported
on line 4 (total amount of U.S. source FDAP income
reported on all Forms 1042-S) less the total reported on
line 3 (total U.S. source FDAP income reportable under
chapter 4).
Line 6. If the amount reported on line 5 is other than
zero, use this line to provide an explanation for the
variance. If additional space is needed, attach a sheet to
Form 1042 explaining the difference noted on line 5.
Section 3—Potential Section 871(m)
Transactions
Check the box if you are a withholding agent that makes
any payment under a potential section 871(m) transaction
during the year, including a notional principal contract or
other derivative contract that references, in whole or in
part, a U.S. stock or underlying security. See Regulations
section 1.871-15(a)(12) for the definition of a potential
section 871(m) transaction and Regulations section
1.871-15(i) for the meaning of certain payments with
respect to a section 871(m) transaction.
Instructions for Form 1042 (2025)
Section 4—Payments by a Qualified
Derivatives Dealer (QDD)
If a QI (whether the home office or any branch) was a
QDD during the tax year, check the box, enter the regular
EIN (if any) of the QI (not the QI-EIN) in the field provided,
and attach Schedule(s) Q (Form 1042) for each QDD. You
must complete and attach Schedule(s) Q (Form 1042)
even if the QDD has zero tax liability.
Note: If the QI has a tax year other than the calendar
year, the QI must file two Schedules Q (Form 1042) for
each QDD—one for the portion of the calendar year in the
first tax year and a second one for the portion in the
second tax year. See the Schedule Q (Form 1042) for
additional information.
Third Party Designee
If you want to allow any individual, corporation, firm,
organization, or partnership to discuss your 2025 Form
1042 with the IRS, check the “Yes” box in the Third Party
Designee section of the return. Also, enter the designee’s
name and phone number, and any five digits the designee
chooses as their personal identification number (PIN). The
authorization applies only to the tax form upon which it
appears.
If you check the “Yes” box, you are authorizing the IRS
to call the designee to answer any questions relating to
the information reported on your tax return. You are also
authorizing the designee to:
• Exchange information concerning your tax return with
the IRS; and
• Request and receive written tax return information
relating to your tax return, including copies of specific
notices, correspondence, and account transcripts.
You are not authorizing the designee to receive any
refund check, bind you to anything (including additional
tax liability), or otherwise represent you before the IRS. If
you want to expand the designee’s authorization, see Pub.
947, Practice Before the IRS and Power of Attorney.
The authorization automatically expires 1 year from the
due date (without any extensions) for filing Form 1042. If
you or your designee desires to terminate the
authorization, a written statement conveying your wish to
revoke the authorization should be submitted to the IRS
service center where the return was processed.
Paid Preparers
A withholding agent or intermediary may designate a
partner, a member, an owner, any corporate office
authorized to sign, or a fiduciary to sign Form 1042. The
paid preparer’s space should remain blank if the form is
completed by one of these individuals.
If the form is completed by a paid preparer with a valid
preparer tax identification number (PTIN), the paid
preparer should complete the paid preparer’s section.
Generally, anyone who is paid to prepare the return must
do the following.
• Sign the return in the space provided for the preparer’s
signature.
• Fill in the other blanks in the Paid Preparer Use Only
section of the return. A paid preparer cannot use a
Instructions for Form 1042 (2025)
social security number (SSN) in the Paid Preparer Use
Only section. The paid preparer must use a PTIN.
• Give the withholding agent or intermediary a copy of
the return in addition to the copy to be filed with the
IRS.
A paid preparer may sign original or amended returns
by rubber stamp, mechanical device, or computer
software program.
Amended Return
If you have to make changes to your Form 1042 after you
submit it, file an amended Form 1042. Use a Form 1042
for the year you are amending. Check the “Amended
Return” box at the top of the form. You must complete the
entire form, including all filing information for the calendar
year, and sign the return. Attach a statement explaining
why you are filing an amended return (for example, you
are filing because the tax liability for May was incorrectly
reported due to a mathematical error).
If you are a QI, WP, or WT revising the amounts
originally reported to a withholding rate pool and reporting
to a specific recipient in accordance with the provisions of
the QI agreement (Rev. Proc. 2022-43) or the WP/WT
agreement (Rev. Proc. 2017-21) after a Form 1042 has
been filed, you must amend Form 1042 to reflect the
revised number of Forms 1042-S filed for the calendar
year on line 61a or 61b.
If you are also amending Form(s) 1042-S, see
Amended Return in the Instructions for Form 1042-S.
Do not amend Form 1042 to recover taxes overwithheld
in the prior year. For more information, see Adjustment for
Overwithholding, earlier.
Privacy Act and Paperwork Reduction Act Notice. We
ask for the information on this form to carry out the Internal
Revenue laws of the United States. Sections 1441, 1442,
1446 (for PTPs), and 1471–1474 require withholding
agents to report and pay over to the IRS taxes withheld
from certain U.S. source income of foreign persons. Form
1042 is used to report the amount of withholding that must
be paid over. Form 1042-S is used to report the amount of
income and withholding to the payee. Section 6109
requires you to provide your identifying number on the
return. Routine uses of this information include giving it to
the Department of Justice for civil and criminal litigation,
and to cities, states, the District of Columbia, and U.S.
commonwealths and territories for use in administering
their tax laws. We may also disclose this information to
other countries under a tax treaty or tax information
exchange agreement, to federal and state agencies to
enforce federal nontax criminal laws, or to federal law
enforcement and intelligence agencies to combat
terrorism. If you fail to provide this information in a timely
manner, you may be liable for penalties.
You are not required to provide the information
requested on a form that is subject to the Paperwork
Reduction Act unless the form displays a valid OMB
control number. Books or records relating to a form or its
instructions must be retained as long as their contents
may become material in the administration of any Internal
Revenue law. Generally, tax returns and return information
are confidential, as required by section 6103.
13
The time needed to complete and file this form will vary
depending on individual circumstances. The estimated
burden for business taxpayers filing this form is approved
under OMB control number 1545-0123. The estimated
burden for all other taxpayers who file this form is:
Recordkeeping, 10 hr., 31 min.; Learning about the law
or the form, 2 hr., 25 min.; Preparing the form, 4 hr., 34
min.; and Copying, assembling, and sending the form
to the IRS, 32 min.
14
If you have comments concerning the accuracy of
these time estimates or suggestions for making this form
simpler, we would be happy to hear from you. You can
send us comments through IRS.gov/FormComments. Or
you can write to the Internal Revenue Service, Tax Forms
and Publications, 1111 Constitution Ave. NW, IR-6526,
Washington, DC 20224. Do not send the form to this
address. Instead, see Where and When To File, earlier.
Instructions for Form 1042 (2025)
Index
A
Adjustment for
Overwithholding 10
Overwithholding discovered at a
later date 11
Overwithholding discovered by
March 15 of the following
calendar year 10
Reimbursement procedure 11
Set-off procedure 11
Adjustment for
Underwithholding 11
Adjustments to withholding 8
Amended Return 13
Avoid Common Errors 6
C
Certain distributions subject to
section 1445 withholding tax 2
Corporate distributions 8
D
Deposit Requirements 4
Depositing on time 5
Deposits made during subsequent
year 5
Electronic deposit requirement 5
Escrow procedure 5
Same-day wire payment option 5
E
Election To Withhold Under
Section 3406 4
Escrow procedure 8
Excise tax on specified federal
procurement payments 8
F
Foreign partners of U.S.
partnerships and foreign
beneficiaries of U.S. trusts 7
Withholding and reporting in a
subsequent year 8
I
Income Tax Withholding on
Wages, Pensions, Annuities,
and Certain Other Deferred
Income 4
Interest and Penalties 6
Interest 6
Late filing of Form 1042 6
Late payment of tax 6
Other penalties 6
Intermediary 3
Foreign financial institution (FFI) 3
Nonparticipating FFI 4
Nonqualified intermediary (NQI) 3
Nonwithholding foreign
partnership (NWP) 3
Nonwithholding foreign trust
(NWT) 3
Participating FFI (PFFI) 3
Passive non-financial foreign entity
(NFFE) 4
Qualified derivatives dealer
(QDD) 3
Qualified intermediary (QI) 3
Qualified securities lender
(QSL) 3
Recalcitrant account holder 4
Registered deemed-compliant FFI
(RDCFFI) 3
Withholding foreign partnership
(WP) or withholding foreign trust
(WT) 3
P
Paid Preparers 13
Privacy Act and Paperwork
Reduction Act Notice 13
Publicly traded partnerships
(section 1446 withholding
tax) 2
Section 2—Reconciliation of U.S.
Source FDAP Income 12
Section 3—Potential Section
871(m) Transactions 12
Section 4—Payments by a
Qualified Derivatives Dealer
(QDD) 13
Specific Instructions 6
Address 7
Chapter 3 and 4 status codes of
withholding agent 7
Employer identification number
(EIN) 6
Rounding off to whole dollars 6
Specified federal procurement
payment 8
T
Third Party Designee 13
Total Gross Amounts Reported 9
Total Net Tax Liability 9
Total Tax Reported as Withheld or
Paid 9
W
Where and When To File 4
Electronic filing 4
Extension of time to file 4
Paper filing 4
Who Must File 2
Withholding after the time of
payment 9
Withholding Agent 3
Liability for tax 3
Q
QIs with no primary chapters 3
and 4 withholding
responsibility 8
R
Reporting of Taxes Paid and
Overpayment or Balance
Due 10
S
Section 1—Record of Federal Tax
Liability 7
15
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.