Withholding returns for payments to foreign persons
File Form 1042 and a Form 1042-S for each foreign person paid US source income in the previous year (royalties, interest, dividends, services performed in the United States), and give each payee their copy. Keep a Form W-8BEN or W-8BEN-E on file for every foreign payee before you pay them.
- When
- By March 15 each year.
- Agency
- IRS
- Form
- Forms 1042 and 1042-S
- Applies to
- Every company in the United States, paying people or companies outside the US.
- If missed
- $60 to $340 per form for late or missing 1042-S forms (the figures for forms due in 2026, adjusted yearly); 5% a month on unpaid withholding, up to 25%, and personal liability for tax that should have been withheld
- Source
- www.irs.gov, read October 22, 2026
Paying people and companies outside the United States is simpler than most owners fear, with one rule at the center: income is reported and withheld on only when it is US source. A developer in Lagos or Manila paid for work done there is foreign source and needs no 1042-S, only a W-8BEN on file to prove it. Royalties, interest, dividends and services performed on US soil are US source, taxed at 30% unless a treaty lowers it, and reported on Form 1042-S by March 15 with the Form 1042 summary. The W-8 forms are the whole defense if the IRS asks why nothing was withheld, so collecting them is the part to do every time.
Next dates
For a calendar year company. Weekend and holiday dates are moved to the next business day, as the IRS does.
- March 15, 2027
- March 15, 2028
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