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Form 1042/1042-S Reporting (Currently Unavailable)

Author: Steven D. Mercatante

CPE Credit:  2 hours for CPAs
2 hours Federal Tax Related for EAs and OTRPs
2 hours Federal Tax Law for CTEC

Recent changes in the law have made IRS Form 1042/1042-S filing requirements ever more complex. The cost to your organization can be significant if it's not ready. This course is a time saving tool that will help CPA’s, tax, and accounts payable professionals get ready to file Forms 1042/1042-S. In this course, industry expert and corporate tax attorney Steven D. Mercatante Esq. takes a look some of the more common problems related to documenting, validating, and reporting payee information using the IRS Forms 1042/1042-S while offering solutions and best-practices for addressing related reporting issues. 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.

Publication Date: November 2021

Topics Covered

  • 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
  • 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

  • Discover tips for handling the changes to the new Forms 1042/1042-S, incorporating them into your systems, and filing accurately
  • Identify best practices for validating the W-9, W-8's, and 8233 and avoiding reporting and withholding errors
  • Distinguish between services compensated and why they matter, discover whether the service constitutes employment under immigration law, how where the service performed impacts your reporting obligations, what distinguishes a resident for tax purposes from immigration purposes, and learn the tax treatment of different visa's
  • Recognize what types of payments are 1042-S reportable and the rules for each, including scholarships and fellowships, honoraria, payments to artists and athletes, partnerships, royalty payments, independent/dependent personal services, as well as related elements of the IRS source/income rule
  • Identify how to handle W-8 payee requests for treaty benefits, reduced 1042-S withholding, and reporting
  • Recognize elements requiring you to doubt the information on Forms W-9, W-8, or Form 8233 and get tips for handling Form 1099 vs. 1042-S expat earnings, tax equalization, and foreign income exclusions vs. resident/non-resident alien reporting
  • Recognize and apply detailed filing tips for the Form 1042-S codes and boxes
  • Describe the TIN for a payee that is a resident alien
  • Identify when you are required to use Form W-9
  • Describe which payee entity you should check if the W-8BEN-E currently lists over 30 FATCA classifications
  • Identify what applies if you do not have the payee's TIN

Level
Basic

Instructional Method
Self-Study

NASBA Field of Study
Taxes (2 hours)

Program Prerequisites
None

Advance Preparation
None

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