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March 2, 2025
Question

I have an amount of tax treaty in 2024. And the amount of state and federal income on W-2 are different. Do I need to file 1042-S?

  • March 2, 2025
  • 1 reply
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    March 5, 2025

    Yes, you may need to file Form 1042-S. It depends on whether the income covered by the tax treaty is U.S. source income paid to a foreign person. 

     

    The differences between federal and state income amounts can be due to various factors, such as different tax rates, types of income taxed, and deductions allowed. This difference does not normally  directly affect the requirement to file Form 1042-S. Go here to federal and state wages on a W2 explained.

     

     

    Here are the key points:

    • Tax Treaty Income: If you have income covered by a tax treaty in 2024, and this income is U.S. source income paid to a foreign person, you generally need to file Form 1042-S
    • Filing Requirements: Form 1042-S is required to report amounts paid to foreign persons that are subject to withholding, even if no tax was withheld

    For more detailed information, you can refer to the IRS Instructions for Form 1042-S and the IRS Tax Treaty Table.

     

    If you need more specific guidance, reach back out and provide additional details about the nature of your income and your residency status.