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Jacksonville Florida Form Instruction 1042-S: What You Should Know

An employer who receives a corrected Form 1042-S for a nonresident alien covered expatriate must use the corrected Form 1042-S to report the nonresident alien's income and withhold to the extent such income has come under the foreign earned income exclusion or exclusion from income. A person who is a nonresident under section 274(c)(1) (see 25 Code Sections 2034(a)(1)) of the Code and who is not eligible for the foreign earned income exclusion cannot include any income excluded by section 2034(c) of the Code (see 26 Code Section 2034(a-1)). A foreign person that is a covered expatriate must file Form 1042-S using the instructions for Form 1040 to report the income of that person and withhold tax. (See 26 Code Section 2034(a)(3)) Nonresidents who are foreign financial accountants must file the 1040NR to report their foreign income to the extent that such income will satisfy the foreign earned income exclusion. If such income is not subject to the exclusion, such nonresidents must report their own income through the Form 1040NR. Nonresident aliens who received deferred compensation are required to use Forms 1041, 1042 or 1043 (26 Code Section 2033). A nonresident alien covered expatriate must pay income tax on certain types of income from U.S. sources using either Form 1040 or Form 842; however, Form 842 may have additional information requirements when the taxpayer is a covered expatriate. A dependent spouse of a foreign alien covered expatriate must use Form 1040 (or its modified substitute) or Form 1040NR (or its modified substitute) to pay income tax on all income from the taxpayer's sources other than any excluded income. If the beneficiary of a trust is a nonresident alien, a nonresident alien beneficiary must report to the IRS the nonresident alien beneficiary's income, which may include income from sources classified under section 274(c)(1) (see 25 Code Sections 2034(a)(1)). A nonresident alien must report any income (other than specified income) from sources in the U.S. on Form 1040, U.S.

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