Does form 1042-s require a tax ID number in all cases?

[jane123]

Does form 1042-s require a tax ID number in all cases?

Thanks

Jane

[Guest b2kates]

Jane,

I am not certain that your question is refined.

The 1042-S requires the EIN for the US Withholding Agent.

Under the 1441 rules, no ITIN or SSn is required for reporting; but if no ITIN, that means not W-8Ben is filed and the withholding agent is required to withhold at the maximum rate. i.e. no treaty benefit rate.

I hope this is helpful. feel free to drop me a note if you need more.

[jane123]

b2kates

Thank you.

I am confused though- does't box 14 on 1042-S require a TIN for the recipient?

[Guest b2kates]

jane,

look at 1042-S again, box 14 SSN or ITIN (if any)

There is no requirement that an individual obtain an ITIN,

if no SSN or ITIN, then withholding is at the max rate, not a favorable treaty rate.

regards

[jane123]

b2kates,

You are great!!

Thanks

Jane