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