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Where can i file my state tax return for free Publication 515 - Main Content Table of Contents Withholding of TaxWithholding Agent Withholding and Reporting Obligations Persons Subject to NRA WithholdingIdentifying the Payee Foreign Persons DocumentationBeneficial Owners Foreign Intermediaries and Foreign Flow-Through Entities Standards of Knowledge Presumption Rules Income Subject to NRA WithholdingSource of Income Fixed or Determinable Annual or Periodical Income (FDAP) Withholding on Specific IncomeEffectively Connected Income Income Not Effectively Connected Pay for Personal Services Performed Artists and Athletes (Income Codes 42 and 43) Other Income Foreign Governments and Certain Other Foreign Organizations U. Where can i file my state tax return for free S. Where can i file my state tax return for free Taxpayer Identification NumbersUnexpected payment. Where can i file my state tax return for free Depositing Withheld TaxesWhen Deposits Are Required Adjustment for Overwithholding Returns RequiredJoint owners. Where can i file my state tax return for free Electronic reporting. Where can i file my state tax return for free Partnership Withholding on Effectively Connected IncomeWho Must Withhold Foreign Partner Publicly Traded Partnerships U. Where can i file my state tax return for free S. Where can i file my state tax return for free Real Property InterestForeign corporations. Where can i file my state tax return for free Domestic corporations. Where can i file my state tax return for free U. Where can i file my state tax return for free S. Where can i file my state tax return for free real property holding corporations. Where can i file my state tax return for free Partnerships. Where can i file my state tax return for free Trusts and estates. Where can i file my state tax return for free Domestically controlled QIE. Where can i file my state tax return for free Late filing of certifications or notices. Where can i file my state tax return for free Certifications. Where can i file my state tax return for free Liability of agent or qualified substitute. Where can i file my state tax return for free Reporting and Paying the Tax Withholding Certificates Tax Treaty TablesTable 1 Table 2 Table 3 How To Get Tax HelpLow Income Taxpayer Clinics (LITCs). Where can i file my state tax return for free Withholding of Tax In most cases, a foreign person is subject to U. Where can i file my state tax return for free S. Where can i file my state tax return for free tax on its U. Where can i file my state tax return for free S. Where can i file my state tax return for free source income. Where can i file my state tax return for free Most types of U. Where can i file my state tax return for free S. Where can i file my state tax return for free source income received by a foreign person are subject to U. 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Where can i file my state tax return for free   If the determination of the source of the income or the amount subject to tax depends on facts that are not known at the time of payment, you must withhold an amount sufficient to ensure that at least 30% of the amount subsequently determined to be subject to withholding is withheld. Where can i file my state tax return for free In no case, however, should you withhold more than 30% of the total amount paid. Where can i file my state tax return for free Or, you may make a reasonable estimate of the amount from U. Where can i file my state tax return for free S. Where can i file my state tax return for free sources and put a corresponding part of the amount due in escrow until the amount from U. Where can i file my state tax return for free S. Where can i file my state tax return for free sources can be determined, at which time withholding becomes due. Where can i file my state tax return for free When to withhold. Where can i file my state tax return for free   Withholding is required at the time you make a payment of an amount subject to withholding. Where can i file my state tax return for free A payment is made to a person if that person realizes income, whether or not there is an actual transfer of cash or other property. Where can i file my state tax return for free A payment is considered made to a person if it is paid for that person's benefit. Where can i file my state tax return for free For example, a payment made to a creditor of a person in satisfaction of that person's debt to the creditor is considered made to the person. Where can i file my state tax return for free A payment also is considered made to a person if it is made to that person's agent. Where can i file my state tax return for free   A U. Where can i file my state tax return for free S. Where can i file my state tax return for free partnership should withhold when any distributions that include amounts subject to withholding are made. Where can i file my state tax return for free However, if a foreign partner's distributive share of income subject to withholding is not actually distributed, the U. Where can i file my state tax return for free S. Where can i file my state tax return for free partnership must withhold on the foreign partner's distributive share of the income on the earlier of the date that a Schedule K-1 (Form 1065) is provided or mailed to the partner or the due date for furnishing that schedule. Where can i file my state tax return for free If the distributable amount consists of effectively connected income, see Partnership Withholding on Effectively Connected Income , later. Where can i file my state tax return for free A U. Where can i file my state tax return for free S. Where can i file my state tax return for free trust is required to withhold on the amount includible in the gross income of a foreign beneficiary to the extent the trust's distributable net income consists of an amount subject to withholding. Where can i file my state tax return for free To the extent a U. Where can i file my state tax return for free S. Where can i file my state tax return for free trust is required to distribute an amount subject to withholding but does not actually distribute the amount, it must withhold on the foreign beneficiary's allocable share at the time the income is required to be reported on Form 1042-S. Where can i file my state tax return for free Withholding and Reporting Obligations You are required to report payments subject to NRA withholding on Form 1042-S and to file a tax return on Form 1042. Where can i file my state tax return for free (See Returns Required , later. Where can i file my state tax return for free ) An exception from reporting may apply to individuals who are not required to withhold from a payment and who do not make the payment in the course of their trade or business. Where can i file my state tax return for free Form 1099 reporting and backup withholding. Where can i file my state tax return for free    You also may be responsible as a payer for reporting on Form 1099 payments made to a U. Where can i file my state tax return for free S. Where can i file my state tax return for free person. Where can i file my state tax return for free You must withhold 28% (backup withholding rate) from a reportable payment made to a U. Where can i file my state tax return for free S. Where can i file my state tax return for free person that is subject to Form 1099 reporting if any of the following apply. Where can i file my state tax return for free The U. Where can i file my state tax return for free S. Where can i file my state tax return for free person has not provided its taxpayer identification number (TIN) in the manner required. Where can i file my state tax return for free The IRS notifies you that the TIN furnished by the payee is incorrect. Where can i file my state tax return for free There has been a notified payee underreporting. Where can i file my state tax return for free There has been a payee certification failure. Where can i file my state tax return for free In most cases, a TIN must be provided by a U. Where can i file my state tax return for free S. Where can i file my state tax return for free non-exempt recipient on Form W-9, Request for Taxpayer Identification Number and Certification. Where can i file my state tax return for free A payer files a tax return on Form 945, Annual Return of Withheld Federal Income Tax, for backup withholding. Where can i file my state tax return for free You may be required to file Form 1099 and, if appropriate, backup withhold, even if you do not make the payments directly to that U. Where can i file my state tax return for free S. Where can i file my state tax return for free person. Where can i file my state tax return for free For example, you are required to report income paid to a foreign intermediary or flow-through entity that collects for a U. Where can i file my state tax return for free S. Where can i file my state tax return for free person subject to Form 1099 reporting. Where can i file my state tax return for free See Identifying the Payee , later, for more information. Where can i file my state tax return for free Also see Section S. Where can i file my state tax return for free Special Rules for Reporting Payments Made Through Foreign Intermediaries and Foreign Flow-Through Entities on Form 1099 in the General Instructions for Certain Information Returns. Where can i file my state tax return for free Foreign persons who provide Form W-8BEN, Form W-8ECI, or Form W-8EXP (or applicable documentary evidence) are exempt from backup withholding and Form 1099 reporting. Where can i file my state tax return for free Wages paid to employees. Where can i file my state tax return for free   If you are the employer of a nonresident alien, you generally must withhold taxes at graduated rates. Where can i file my state tax return for free See Pay for Personal Services Performed , later. Where can i file my state tax return for free Effectively connected income by partnerships. Where can i file my state tax return for free   A withholding agent that is a partnership (whether U. Where can i file my state tax return for free S. Where can i file my state tax return for free or foreign) is also responsible for withholding on its income effectively connected with a U. Where can i file my state tax return for free S. Where can i file my state tax return for free trade or business that is allocable to foreign partners. Where can i file my state tax return for free See Partnership Withholding on Effectively Connected Income , later, for more information. Where can i file my state tax return for free U. Where can i file my state tax return for free S. Where can i file my state tax return for free real property interest. Where can i file my state tax return for free   A withholding agent also may be responsible for withholding if a foreign person transfers a U. Where can i file my state tax return for free S. Where can i file my state tax return for free real property interest to the agent, or if it is a corporation, partnership, trust, or estate that distributes a U. Where can i file my state tax return for free S. Where can i file my state tax return for free real property interest to a shareholder, partner, or beneficiary that is a foreign person. Where can i file my state tax return for free See U. Where can i file my state tax return for free S. Where can i file my state tax return for free Real Property Interest , later. Where can i file my state tax return for free Persons Subject to NRA Withholding NRA withholding applies only to payments made to a payee that is a foreign person. Where can i file my state tax return for free It does not apply to payments made to U. Where can i file my state tax return for free S. Where can i file my state tax return for free persons. Where can i file my state tax return for free Usually, you determine the payee's status as a U. Where can i file my state tax return for free S. Where can i file my state tax return for free or foreign person based on the documentation that person provides. Where can i file my state tax return for free See Documentation , later. Where can i file my state tax return for free However, if you have received no documentation or you cannot reliably associate all or a part of a payment with documentation, then you must apply certain presumption rules, discussed later. Where can i file my state tax return for free Identifying the Payee In most cases, the payee is the person to whom you make the payment, regardless of whether that person is the beneficial owner of the income. Where can i file my state tax return for free However, there are situations in which the payee is a person other than the one to whom you actually make a payment. Where can i file my state tax return for free U. Where can i file my state tax return for free S. Where can i file my state tax return for free agent of foreign person. Where can i file my state tax return for free   If you make a payment to a U. Where can i file my state tax return for free S. 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Where can i file my state tax return for free person and not as a payment to a foreign person. Where can i file my state tax return for free You may be required to report the payment on Form 1099 and, if applicable, backup withhold. Where can i file my state tax return for free Disregarded entities. Where can i file my state tax return for free   A business entity that is not a corporation and that has a single owner may be disregarded as an entity separate from its owner (a disregarded entity) for federal tax purposes. Where can i file my state tax return for free The payee of a payment made to a disregarded entity is the owner of the entity. Where can i file my state tax return for free   If the owner of the entity is a foreign person, you must apply NRA withholding unless you can treat the foreign owner as a beneficial owner entitled to a reduced rate of withholding. Where can i file my state tax return for free   If the owner is a U. Where can i file my state tax return for free S. Where can i file my state tax return for free person, you do not apply NRA withholding. Where can i file my state tax return for free However, you may be required to report the payment on Form 1099 and, if applicable, backup withhold. Where can i file my state tax return for free You may assume that a foreign entity is not a disregarded entity unless you can reliably associate the payment with documentation provided by the owner or you have actual knowledge or reason to know that the foreign entity is a disregarded entity. Where can i file my state tax return for free Flow-Through Entities The payees of payments (other than income effectively connected with a U. Where can i file my state tax return for free S. Where can i file my state tax return for free trade or business) made to a foreign flow-through entity are the owners or beneficiaries of the flow-through entity. Where can i file my state tax return for free This rule applies for purposes of NRA withholding and for Form 1099 reporting and backup withholding. Where can i file my state tax return for free Income that is, or is deemed to be, effectively connected with the conduct of a U. Where can i file my state tax return for free S. Where can i file my state tax return for free trade or business of a flow-through entity is treated as paid to the entity. Where can i file my state tax return for free All of the following are flow-through entities. Where can i file my state tax return for free A foreign partnership (other than a withholding foreign partnership). Where can i file my state tax return for free A foreign simple or foreign grantor trust (other than a withholding foreign trust). Where can i file my state tax return for free A fiscally transparent entity receiving income for which treaty benefits are claimed. Where can i file my state tax return for free See Fiscally transparent entity , later. Where can i file my state tax return for free In most cases, you treat a payee as a flow-through entity if it provides you with a Form W-8IMY (see Documentation , later) on which it claims such status. Where can i file my state tax return for free You also may be required to treat the entity as a flow-through entity under the presumption rules, discussed later. Where can i file my state tax return for free You must determine whether the owners or beneficiaries of a flow-through entity are U. Where can i file my state tax return for free S. Where can i file my state tax return for free or foreign persons, how much of the payment relates to each owner or beneficiary, and, if the owner or beneficiary is foreign, whether a reduced rate of NRA withholding applies. 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Where can i file my state tax return for free citizen. Where can i file my state tax return for free You make a payment of U. Where can i file my state tax return for free S. Where can i file my state tax return for free source interest to the partnership. Where can i file my state tax return for free It gives you a Form W-8IMY with which it associates Form W-8BEN from the nonresident alien; Form W-8BEN from the foreign corporation; and Form W-9 from the U. Where can i file my state tax return for free S. Where can i file my state tax return for free citizen. Where can i file my state tax return for free The partnership also gives you a complete withholding statement that enables you to associate a part of the interest payment to each partner. Where can i file my state tax return for free You must treat all three partners as the payees of the interest payment as if the payment were made directly to them. Where can i file my state tax return for free Report the payment to the nonresident alien and the foreign corporation on Forms 1042-S. Where can i file my state tax return for free Report the payment to the U. Where can i file my state tax return for free S. Where can i file my state tax return for free citizen on Form 1099-INT. Where can i file my state tax return for free Example 2. Where can i file my state tax return for free A nonwithholding foreign partnership has two partners: a foreign corporation and a nonwithholding foreign partnership. Where can i file my state tax return for free The second partnership has two partners, both nonresident alien individuals. Where can i file my state tax return for free You make a payment of U. Where can i file my state tax return for free S. Where can i file my state tax return for free source interest to the first partnership. 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Where can i file my state tax return for free It gives you a Form W-8IMY with which it associates Forms W-8BEN from the nonresident aliens and a Form W-9 from the U. Where can i file my state tax return for free S. Where can i file my state tax return for free citizen. Where can i file my state tax return for free The trust also gives you a complete withholding statement that enables you to associate a part of the interest payment with the forms provided by each beneficiary. Where can i file my state tax return for free You must treat all three beneficiaries as the payees of the interest payment as if the payment were made directly to them. Where can i file my state tax return for free Report the payment to the nonresident aliens on Forms 1042-S. Where can i file my state tax return for free Report the payment to the U. Where can i file my state tax return for free S. Where can i file my state tax return for free citizen on Form 1099-INT. Where can i file my state tax return for free Fiscally transparent entity. Where can i file my state tax return for free   If a reduced rate of withholding under an income tax treaty is claimed, a flow-through entity includes any entity in which the interest holder must treat the entity as fiscally transparent. Where can i file my state tax return for free The determination of whether an entity is fiscally transparent is made on an item of income basis (that is, the determination is made separately for interest, dividends, royalties, etc. Where can i file my state tax return for free ). Where can i file my state tax return for free The interest holder in an entity makes the determination by applying the laws of the jurisdiction where the interest holder is organized, incorporated, or otherwise considered a resident. Where can i file my state tax return for free An entity is considered to be fiscally transparent for the income to the extent the laws of that jurisdiction require the interest holder to separately take into account on a current basis the interest holder's share of the income, whether or not distributed to the interest holder, and the character and source of the income to the interest holder are determined as if the income was realized directly from the source that paid it to the entity. Where can i file my state tax return for free Subject to the standards of knowledge rules discussed later, you generally make the determination that an entity is fiscally transparent based on a Form W-8IMY provided by the entity. Where can i file my state tax return for free   The payees of a payment made to a fiscally transparent entity are the interest holders of the entity. Where can i file my state tax return for free Example. Where can i file my state tax return for free Entity A is a business organization organized under the laws of country X that has an income tax treaty in force with the United States. Where can i file my state tax return for free A has two interest holders, B and C. Where can i file my state tax return for free B is a corporation organized under the laws of country Y. Where can i file my state tax return for free C is a corporation organized under the laws of country Z. Where can i file my state tax return for free Both countries Y and Z have an income tax treaty in force with the United States. Where can i file my state tax return for free A receives royalty income from U. Where can i file my state tax return for free S. Where can i file my state tax return for free sources that is not effectively connected with the conduct of a trade or business in the United States. Where can i file my state tax return for free For U. Where can i file my state tax return for free S. Where can i file my state tax return for free income tax purposes, A is treated as a partnership. Where can i file my state tax return for free Country X treats A as a partnership and requires the interest holders in A to separately take into account on a current basis their respective shares of the income paid to A even if the income is not distributed. Where can i file my state tax return for free The laws of country X provide that the character and source of the income to A's interest holders are determined as if the income was realized directly from the source that paid it to A. Where can i file my state tax return for free Accordingly, A is fiscally transparent in its jurisdiction, country X. Where can i file my state tax return for free B and C are not fiscally transparent under the laws of their respective countries of incorporation. Where can i file my state tax return for free Country Y requires B to separately take into account on a current basis B's share of the income paid to A, and the character and source of the income to B is determined as if the income was realized directly from the source that paid it to A. Where can i file my state tax return for free Accordingly, A is fiscally transparent for that income under the laws of country Y, and B is treated as deriving its share of the U. Where can i file my state tax return for free S. Where can i file my state tax return for free source royalty income for purposes of the U. Where can i file my state tax return for free S. Where can i file my state tax return for free -Y income tax treaty. Where can i file my state tax return for free Country Z, on the other hand, treats A as a corporation and does not require C to take into account its share of A's income on a current basis whether or not distributed. Where can i file my state tax return for free Therefore, A is not treated as fiscally transparent under the laws of country Z. Where can i file my state tax return for free Accordingly, C is not treated as deriving its share of the U. Where can i file my state tax return for free S. Where can i file my state tax return for free source royalty income for purposes of the U. Where can i file my state tax return for free S. Where can i file my state tax return for free -Z income tax treaty. Where can i file my state tax return for free Foreign Intermediaries In most cases, if you make payments to a foreign intermediary, the payees are the persons for whom the foreign intermediary collects the payment, such as account holders or customers, not the intermediary itself. Where can i file my state tax return for free This rule applies for purposes of NRA withholding and for Form 1099 reporting and backup withholding. Where can i file my state tax return for free You may, however, treat a qualified intermediary that has assumed primary withholding responsibility for a payment as the payee, and you are not required to withhold. Where can i file my state tax return for free An intermediary is a custodian, broker, nominee, or any other person that acts as an agent for another person. Where can i file my state tax return for free A foreign intermediary is either a qualified intermediary or a nonqualified intermediary. Where can i file my state tax return for free In most cases, you determine whether an entity is a qualified intermediary or a nonqualified intermediary based on the representations the intermediary makes on Form W-8IMY. Where can i file my state tax return for free You must determine whether the customers or account holders of a foreign intermediary are U. Where can i file my state tax return for free S. Where can i file my state tax return for free or foreign persons and, if the account holder or customer is foreign, whether a reduced rate of NRA withholding applies. Where can i file my state tax return for free You make these determinations based on the foreign intermediary's Form W-8IMY and associated information and documentation. Where can i file my state tax return for free If you do not have all of the information or documentation that is required to reliably associate a payment with a payee, you must apply the presumption rules. Where can i file my state tax return for free See Documentation and Presumption Rules , later. Where can i file my state tax return for free Nonqualified intermediary. Where can i file my state tax return for free   A nonqualified intermediary (NQI) is any intermediary that is a foreign person and that is not a qualified intermediary. Where can i file my state tax return for free The payees of a payment made to an NQI are the customers or account holders on whose behalf the NQI is acting. Where can i file my state tax return for free Example. Where can i file my state tax return for free You make a payment of interest to a foreign bank that is a nonqualified intermediary. Where can i file my state tax return for free The bank gives you a Form W-8IMY and the Forms W-8BEN of two foreign persons, and a Form W-9 from a U. Where can i file my state tax return for free S. Where can i file my state tax return for free person for whom the bank is collecting the payments. Where can i file my state tax return for free The bank also associates with its Form W-8IMY a withholding statement on which it allocates the interest payment to each account holder and provides all other information required to be on the withholding statement. Where can i file my state tax return for free The account holders are the payees of the interest payment. Where can i file my state tax return for free You should report the part of the interest paid to the two foreign persons on Forms 1042-S and the part paid to the U. Where can i file my state tax return for free S. Where can i file my state tax return for free person on Form 1099-INT. Where can i file my state tax return for free Qualified intermediary. Where can i file my state tax return for free   A qualified intermediary (QI) is any foreign intermediary (or foreign branch of a U. Where can i file my state tax return for free S. Where can i file my state tax return for free intermediary) that has entered into a qualified intermediary withholding agreement (discussed later) with the IRS. Where can i file my state tax return for free You may treat a QI as a payee to the extent the QI assumes primary withholding responsibility or primary Form 1099 reporting and backup withholding responsibility for a payment. Where can i file my state tax return for free In this situation, the QI is required to withhold the tax. Where can i file my state tax return for free You can determine whether a QI has assumed responsibility from the Form W-8IMY provided by the QI. Where can i file my state tax return for free   A payment to a QI to the extent it does not assume primary NRA withholding responsibility is considered made to the person on whose behalf the QI acts. Where can i file my state tax return for free If a QI does not assume Form 1099 reporting and backup withholding responsibility, you must report on Form 1099 and, if applicable, backup withhold as if you were making the payment directly to the U. Where can i file my state tax return for free S. Where can i file my state tax return for free person. Where can i file my state tax return for free Branches of financial institutions. Where can i file my state tax return for free   Branches of financial institutions are not permitted to operate as QIs if they are located outside of countries having approved “know-your-customer” (KYC) rules. Where can i file my state tax return for free The countries with approved KYC rules are listed on IRS. Where can i file my state tax return for free gov. Where can i file my state tax return for free QI withholding agreement. Where can i file my state tax return for free   Foreign financial institutions and foreign branches of U. Where can i file my state tax return for free S. Where can i file my state tax return for free financial institutions can enter into an agreement with the IRS to be a qualified intermediary. Where can i file my state tax return for free   A QI is entitled to certain simplified withholding and reporting rules. Where can i file my state tax return for free In general, there are three major areas whereby intermediaries with QI status are afforded such simplified treatment. Where can i file my state tax return for free   To apply for QI status, complete Form 14345, Qualified Intermediary Application, and Form SS-4, Application for Employer Identification Number. Where can i file my state tax return for free These forms, and the procedures required to obtain a QI withholding agreement are available at www. Where can i file my state tax return for free irs. Where can i file my state tax return for free gov/Businesses/Corporations/Qualified-Intermediaries-(QI). Where can i file my state tax return for free Documentation. Where can i file my state tax return for free   A QI is not required to forward documentation obtained from foreign account holders to the U. Where can i file my state tax return for free S. Where can i file my state tax return for free withholding agent from whom the QI receives a payment of U. Where can i file my state tax return for free S. Where can i file my state tax return for free source income. Where can i file my state tax return for free The QI maintains such documentation at its location and provides the U. Where can i file my state tax return for free S. Where can i file my state tax return for free withholding agent with withholding rate pools. Where can i file my state tax return for free A withholding rate pool is a payment of a single type of income that is subject to a single rate of withholding. Where can i file my state tax return for free   A QI is required to provide the U. Where can i file my state tax return for free S. Where can i file my state tax return for free withholding agent with information regarding U. Where can i file my state tax return for free S. Where can i file my state tax return for free persons subject to Form 1099 information reporting unless the QI assumes the primary obligation to do Form 1099 reporting and backup withholding. Where can i file my state tax return for free   If a QI obtains documentary evidence under the “know-your-customer” rules that apply to the QI under local law, and the documentary evidence is of a type specified in an attachment to the QI agreement, the documentary evidence remains valid until there is a change in circumstances or the QI knows the information is incorrect. Where can i file my state tax return for free This indefinite validity period rule does not apply to Forms W-8 or to documentary evidence that is not of the type specified in the attachment to the agreement. Where can i file my state tax return for free Form 1042-S reporting. Where can i file my state tax return for free   A QI is permitted to report payments made to its direct foreign account holders on a pooled basis rather than reporting payments to each direct account holder specifically. Where can i file my state tax return for free Pooled basis reporting is not available for payments to certain account holders, such as a nonqualified intermediary or a flow-through entity (discussed earlier). Where can i file my state tax return for free Collective refund procedures. Where can i file my state tax return for free   A QI may seek a refund on behalf of its direct account holders. Where can i file my state tax return for free The direct account holders, therefore, are not required to file returns with the IRS to obtain refunds, but rather may obtain them from the QI. Where can i file my state tax return for free U. Where can i file my state tax return for free S. Where can i file my state tax return for free branches of foreign banks and foreign insurance companies. Where can i file my state tax return for free   Special rules apply to a U. Where can i file my state tax return for free S. Where can i file my state tax return for free branch of a foreign bank subject to Federal Reserve Board supervision or a foreign insurance company subject to state regulatory supervision. Where can i file my state tax return for free If you agree to treat the branch as a U. Where can i file my state tax return for free S. Where can i file my state tax return for free person, you may treat the branch as a U. Where can i file my state tax return for free S. Where can i file my state tax return for free payee for a payment subject to NRA withholding provided you receive a Form W-8IMY from the U. Where can i file my state tax return for free S. Where can i file my state tax return for free branch on which the agreement is evidenced. Where can i file my state tax return for free If you treat the branch as a U. Where can i file my state tax return for free S. Where can i file my state tax return for free payee, you are not required to withhold. Where can i file my state tax return for free Even though you agree to treat the branch as a U. Where can i file my state tax return for free S. Where can i file my state tax return for free person, you must report the payment on Form 1042-S. Where can i file my state tax return for free   A financial institution organized in a U. Where can i file my state tax return for free S. Where can i file my state tax return for free possession is treated as a U. Where can i file my state tax return for free S. Where can i file my state tax return for free branch. Where can i file my state tax return for free The special rules discussed in this section apply to a possessions financial institution. Where can i file my state tax return for free   If you are paying a U. Where can i file my state tax return for free S. Where can i file my state tax return for free branch an amount that is not subject to NRA withholding, treat the payment as made to a foreign person, irrespective of any agreement to treat the branch as a U. Where can i file my state tax return for free S. Where can i file my state tax return for free person for amounts subject to NRA withholding. Where can i file my state tax return for free Consequently, amounts not subject to NRA withholding that are paid to a U. Where can i file my state tax return for free S. Where can i file my state tax return for free branch are not subject to Form 1099 reporting or backup withholding. Where can i file my state tax return for free   Alternatively, a U. Where can i file my state tax return for free S. Where can i file my state tax return for free branch may provide you with a Form W-8IMY with which it associates the documentation of the persons on whose behalf it acts. Where can i file my state tax return for free In this situation, the payees are the persons on whose behalf the branch acts provided you can reliably associate the payment with valid documentation from those persons. Where can i file my state tax return for free See Nonqualified Intermediaries under  Documentation, later. Where can i file my state tax return for free   If the U. Where can i file my state tax return for free S. Where can i file my state tax return for free branch does not provide you with a Form W-8IMY, then you should treat a payment subject to NRA withholding as made to the foreign person of which the branch is a part and the income as effectively connected with the conduct of a trade or business in the United States. Where can i file my state tax return for free Withholding foreign partnership and foreign trust. Where can i file my state tax return for free   A withholding foreign partnership (WP) is any foreign partnership that has entered into a WP withholding agreement with the IRS and is acting in that capacity. Where can i file my state tax return for free A withholding foreign trust (WT) is a foreign simple or grantor trust that has entered into a WT withholding agreement with the IRS and is acting in that capacity. Where can i file my state tax return for free   A WP or WT may act in that capacity only for payments of amounts subject to NRA withholding that are distributed to, or included in the distributive share of, its direct partners, beneficiaries, or owners. Where can i file my state tax return for free A WP or WT acting in that capacity must assume NRA withholding responsibility for these amounts. Where can i file my state tax return for free You may treat a WP or WT as a payee if it has provided you with documentation (discussed later) that represents that it is acting as a WP or WT for such amounts. Where can i file my state tax return for free WP and WT withholding agreements. Where can i file my state tax return for free   The WP and WT withholding agreements and the application procedures for the agreements are in Revenue Procedure 2003-64. Where can i file my state tax return for free Also see the following items. Where can i file my state tax return for free Revenue Procedure 2004-21. Where can i file my state tax return for free Revenue Procedure 2005-77. Where can i file my state tax return for free Employer identification number (EIN). Where can i file my state tax return for free   A completed Form SS-4 must be submitted with the application for being a WP or WT. Where can i file my state tax return for free The WP or WT will be assigned a WP-EIN or WT-EIN to be used only when acting in that capacity. Where can i file my state tax return for free Documentation. Where can i file my state tax return for free   A WP or WT must provide you with a Form W-8IMY that certifies that the WP or WT is acting in that capacity and a written statement identifying the amounts for which it is so acting. Where can i file my state tax return for free The statement is not required to contain withholding rate pool information or any information relating to the identity of a direct partner, beneficiary, or owner. Where can i file my state tax return for free The Form W-8IMY must contain the WP-EIN or WT-EIN. Where can i file my state tax return for free Foreign Persons A payee is subject to NRA withholding only if it is a foreign person. Where can i file my state tax return for free A foreign person includes a nonresident alien individual, foreign corporation, foreign partnership, foreign trust, foreign estate, and any other person that is not a U. Where can i file my state tax return for free S. Where can i file my state tax return for free person. Where can i file my state tax return for free It also includes a foreign branch of a U. Where can i file my state tax return for free S. Where can i file my state tax return for free financial institution if the foreign branch is a qualified intermediary. Where can i file my state tax return for free In most cases, the U. Where can i file my state tax return for free S. Where can i file my state tax return for free branch of a foreign corporation or partnership is treated as a foreign person. Where can i file my state tax return for free Nonresident alien. Where can i file my state tax return for free   A nonresident alien is an individual who is not a U. Where can i file my state tax return for free S. Where can i file my state tax return for free citizen or a resident alien. Where can i file my state tax return for free A resident of a foreign country under the residence article of an income tax treaty is a nonresident alien individual for purposes of withholding. Where can i file my state tax return for free Married to U. Where can i file my state tax return for free S. Where can i file my state tax return for free citizen or resident alien. Where can i file my state tax return for free   Nonresident alien individuals married to U. Where can i file my state tax return for free S. Where can i file my state tax return for free citizens or resident aliens may choose to be treated as resident aliens for certain income tax purposes. Where can i file my state tax return for free However, these individuals are still subject to the NRA withholding rules that apply to nonresident aliens for all income except wages. Where can i file my state tax return for free Wages paid to these individuals are subject to graduated withholding. Where can i file my state tax return for free See Wages Paid to Employees—Graduated Withholding . Where can i file my state tax return for free Resident alien. Where can i file my state tax return for free   A resident alien is an individual who is not a citizen or national of the United States and who meets either the green card test or the substantial presence test for the calendar year. Where can i file my state tax return for free Green card test. Where can i file my state tax return for free An alien is a resident alien if the individual was a lawful permanent resident of the United States at any time during the calendar year. Where can i file my state tax return for free This is known as the green card test because these aliens hold immigrant visas (also known as green cards). Where can i file my state tax return for free Substantial presence test. Where can i file my state tax return for free An alien is considered a resident alien if the individual meets the substantial presence test for the calendar year. Where can i file my state tax return for free Under this test, the individual must be physically present in the United States on at least: 31 days during the current calendar year, and 183 days during the current year and the 2 preceding years, counting all the days of physical presence in the current year, but only 1/3 the number of days of presence in the first preceding year, and only 1/6 the number of days in the second preceding year. Where can i file my state tax return for free   In most cases, the days the alien is in the United States as a teacher, student, or trainee on an “F,” “J,” “M,” or “Q” visa are not counted. Where can i file my state tax return for free This exception is for a limited period of time. Where can i file my state tax return for free   For more information on resident and nonresident status, the tests for residence, and the exceptions to them, see Publication 519. Where can i file my state tax return for free Note. Where can i file my state tax return for free   If your employee is late in notifying you that his or her status changed from nonresident alien to resident alien, you may have to make an adjustment to Form 941 if that employee was exempt from withholding of social security and Medicare taxes as a nonresident alien. Where can i file my state tax return for free For more information on making adjustments, see chapter 13 of Publication 15 (Circular E). Where can i file my state tax return for free Resident of a U. Where can i file my state tax return for free S. Where can i file my state tax return for free possession. Where can i file my state tax return for free   A bona fide resident of Puerto Rico, the U. Where can i file my state tax return for free S. Where can i file my state tax return for free Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands (CNMI), or American Samoa who is not a U. Where can i file my state tax return for free S. Where can i file my state tax return for free citizen or a U. Where can i file my state tax return for free S. Where can i file my state tax return for free national is treated as a nonresident alien for the withholding rules explained here. Where can i file my state tax return for free A bona fide resident of a possession is someone who: Meets the presence test, Does not have a tax home outside the possession, and Does not have a closer connection to the United States or to a foreign country than to the possession. Where can i file my state tax return for free   For more information, see Publication 570, Tax Guide for Individuals With Income From U. Where can i file my state tax return for free S. Where can i file my state tax return for free Possessions. Where can i file my state tax return for free Foreign corporations. Where can i file my state tax return for free   A foreign corporation is one that does not fit the definition of a domestic corporation. Where can i file my state tax return for free A domestic corporation is one that was created or organized in the United States or under the laws of the United States, any of its states, or the District of Columbia. Where can i file my state tax return for free Guam or Northern Mariana Islands corporations. Where can i file my state tax return for free   A corporation created or organized in, or under the laws of, Guam or the CNMI is not considered a foreign corporation for the purpose of withholding tax for the tax year if: At all times during the tax year less than 25% in value of the corporation's stock is owned, directly or indirectly, by foreign persons; and At least 20% of the corporation's gross income is derived from sources within Guam or the CNMI for the 3-year period ending with the close of the preceding tax year of the corporation (or the period the corporation has been in existence, if less). Where can i file my state tax return for free Note. Where can i file my state tax return for free   The provisions discussed below under U. Where can i file my state tax return for free S. Where can i file my state tax return for free Virgin Islands and American Samoa corporations will apply to Guam or CNMI corporations when an implementing agreement is in effect between the United States and that possession. Where can i file my state tax return for free U. Where can i file my state tax return for free S. Where can i file my state tax return for free Virgin Islands and American Samoa corporations. Where can i file my state tax return for free   A corporation created or organized in, or under the laws of, the U. Where can i file my state tax return for free S. Where can i file my state tax return for free Virgin Islands or American Samoa is not considered a foreign corporation for the purposes of withholding tax for the tax year if: At all times during the tax year less than 25% in value of the corporation's stock is owned, directly or indirectly, by foreign persons, At least 65% of the corporation's gross income is effectively connected with the conduct of a trade or business in the U. Where can i file my state tax return for free S. Where can i file my state tax return for free Virgin Islands, American Samoa, Guam, the CNMI, or the United States for the 3-year period ending with the close of the tax year of the corporation (or the period the corporation or any predecessor has been in existence, if less), and No substantial part of the income of the corporation is used, directly or indirectly, to satisfy obligations to a person who is not a bona fide resident of the U. Where can i file my state tax return for free S. Where can i file my state tax return for free Virgin Islands, American Samoa, Guam, the CNMI, or the United States. Where can i file my state tax return for free Foreign private foundations. Where can i file my state tax return for free   A private foundation that was created or organized under the laws of a foreign country is a foreign private foundation. Where can i file my state tax return for free Gross investment income from sources within the United States paid to a qualified foreign private foundation is subject to NRA withholding at a 4% rate (unless exempted by a treaty) rather than the ordinary statutory 30% rate. Where can i file my state tax return for free Other foreign organizations, associations, and charitable institutions. Where can i file my state tax return for free   An organization may be exempt from income tax under section 501(a) of the Internal Revenue Code even if it was formed under foreign law. Where can i file my state tax return for free In most cases, you do not have to withhold tax on payments of income to these foreign tax-exempt organizations unless the IRS has determined that they are foreign private foundations. Where can i file my state tax return for free   Payments to these organizations, however, must be reported on Form 1042-S, even though no tax is withheld. Where can i file my state tax return for free   You must withhold tax on the unrelated business income (as described in Publication 598, Tax on Unrelated Business Income of Exempt Organizations) of foreign tax-exempt organizations in the same way that you would withhold tax on similar income of nonexempt organizations. Where can i file my state tax return for free U. Where can i file my state tax return for free S. Where can i file my state tax return for free branches of foreign persons. Where can i file my state tax return for free   In most cases, a payment to a U. Where can i file my state tax return for free S. Where can i file my state tax return for free branch of a foreign person is a payment made to the foreign person. Where can i file my state tax return for free However, you may treat payments to U. Where can i file my state tax return for free S. Where can i file my state tax return for free branches of foreign banks and foreign insurance companies (discussed earlier) that are subject to U. Where can i file my state tax return for free S. Where can i file my state tax return for free regulatory supervision as payments made to a U. Where can i file my state tax return for free S. Where can i file my state tax return for free person, if you and the U. Where can i file my state tax return for free S. Where can i file my state tax return for free branch have agreed to do so, and if their agreement is evidenced by a withholding certificate, Form W-8IMY. Where can i file my state tax return for free For this purpose, a financial institution organized under the laws of a U. Where can i file my state tax return for free S. Where can i file my state tax return for free possession is treated as a U. Where can i file my state tax return for free S. Where can i file my state tax return for free branch. Where can i file my state tax return for free Documentation In most cases, you must withhold 30% from the gross amount paid to a foreign payee unless you can reliably associate the payment with valid documentation that establishes either of the following. Where can i file my state tax return for free The payee is a U. Where can i file my state tax return for free S. Where can i file my state tax return for free person. Where can i file my state tax return for free The payee is a foreign person that is the beneficial owner of the income and is entitled to a reduced rate of withholding. Where can i file my state tax return for free In most cases, you must get the documentation before you make the payment. Where can i file my state tax return for free The documentation is not valid if you know, or have reason to know, that it is unreliable or incorrect. Where can i file my state tax return for free See Standards of Knowledge , later. Where can i file my state tax return for free If you cannot reliably associate a payment with valid documentation, you must use the presumption rules discussed later. Where can i file my state tax return for free For example, if you do not have documentation or you cannot determine the part of a payment that is allocable to specific documentation, you must use the presumption rules. Where can i file my state tax return for free The specific types of documentation are discussed in this section. Where can i file my state tax return for free However, see Withholding on Specific Income , later, as well as the instructions to the particular forms. Where can i file my state tax return for free As the withholding agent, you also may want to see the Instructions for the Requester of Forms W-8BEN, W-8ECI, W-8EXP, and W-8IMY. Where can i file my state tax return for free Section 1446 withholding. Where can i file my state tax return for free   Under section 1446 of the Code, a partnership must withhold tax on its effectively connected income allocable to a foreign partner. Where can i file my state tax return for free In most cases, a partnership determines if a partner is a foreign partner and the partner's tax classification based on the withholding certificate provided by the partner. Where can i file my state tax return for free This is the same documentation that is filed for NRA withholding, but may require additional information as discussed under each of the forms in this section. Where can i file my state tax return for free Joint owners. Where can i file my state tax return for free    If you make a payment to joint owners, you need to get documentation from each owner. Where can i file my state tax return for free Form W-9. Where can i file my state tax return for free   In most cases, you can treat the payee as a U. Where can i file my state tax return for free S. Where can i file my state tax return for free person if the payee gives you a Form W-9. Where can i file my state tax return for free The Form W-9 can be used only by a U. Where can i file my state tax return for free S. Where can i file my state tax return for free person and must contain the payee's taxpayer identification number (TIN). Where can i file my state tax return for free If there is more than one owner, you may treat the total amount as paid to a U. Where can i file my state tax return for free S. Where can i file my state tax return for free person if any one of the owners gives you a Form W-9. Where can i file my state tax return for free See U. Where can i file my state tax return for free S. Where can i file my state tax return for free Taxpayer Identification Numbers , later. Where can i file my state tax return for free U. Where can i file my state tax return for free S. Where can i file my state tax return for free persons are not subject to NRA withholding, but may be subject to Form 1099 reporting and backup withholding. Where can i file my state tax return for free Form W-8. Where can i file my state tax return for free   In most cases, a foreign payee of the income should give you a form in the Form W-8 series. Where can i file my state tax return for free Until further notice, you can rely upon Forms W-8 that contain a P. Where can i file my state tax return for free O. Where can i file my state tax return for free box as a permanent residence address provided you do not know, or have reason to know, that the person providing the form is a U. Where can i file my state tax return for free S. Where can i file my state tax return for free person and that a street address is available. Where can i file my state tax return for free You may rely on Forms W-8 for which there is a U. Where can i file my state tax return for free S. Where can i file my state tax return for free mailing address provided you received the form prior to December 31, 2001. Where can i file my state tax return for free   If certain requirements are met, the foreign person can give you documentary evidence, rather than a Form W-8. Where can i file my state tax return for free You can rely on documentary evidence in lieu of a Form W-8 for a payment made in a U. Where can i file my state tax return for free S. Where can i file my state tax return for free possession. Where can i file my state tax return for free Other documentation. Where can i file my state tax return for free   Other documentation may be required to claim an exemption from, or a reduced rate of, withholding on pay for personal services. Where can i file my state tax return for free The nonresident alien individual may have to give you a Form W-4 or a Form 8233, Exemption From Withholding on Compensation for Independent (and Certain Dependent) Personal Services of a Nonresident Alien Individual. Where can i file my state tax return for free These forms are discussed in Pay for Personal Services Performed under Withholding on Specific Income. Where can i file my state tax return for free Beneficial Owners If all the appropriate requirements have been established on a Form W-8BEN, W-8ECI, W-8EXP or, if applicable, on documentary evidence, you may treat the payee as a foreign beneficial owner. Where can i file my state tax return for free Form W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding. Where can i file my state tax return for free   This form is used by a foreign person to: Establish foreign status; Claim that such person is the beneficial owner of the income for which the form is being furnished or a partner in a partnership subject to section 1446 withholding; and If applicable, claim a reduced rate of, or exemption from, withholding under an income tax treaty. Where can i file my state tax return for free   Form W-8BEN also may be used to claim that the foreign person is exempt from Form 1099 reporting and backup withholding for income that is not subject to NRA withholding. Where can i file my state tax return for free For example, a foreign person may provide a Form W-8BEN to a broker to establish that the gross proceeds from the sale of securities are not subject to Form 1099 reporting or backup withholding. Where can i file my state tax return for free Claiming treaty benefits. Where can i file my state tax return for free   You may apply a reduced rate of withholding to a foreign person that provides a Form W-8BEN claiming a reduced rate of withholding under an income tax treaty only if the person provides a U. Where can i file my state tax return for free S. Where can i file my state tax return for free TIN and certifies that: It is a resident of a treaty country; It is the beneficial owner of the income; If it is an entity, it derives the income within the meaning of section 894 of the Internal Revenue Code (it is not fiscally transparent); and It meets any limitation on benefits provision contained in the treaty, if applicable. Where can i file my state tax return for free   If the foreign beneficial owner claiming a treaty benefit is related to you, the foreign beneficial owner also must certify on Form W-8BEN that it will file Form 8833, Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b), if the amount subject to NRA withholding received during a calendar year exceeds, in the aggregate, $500,000. Where can i file my state tax return for free   An entity derives income for which it is claiming treaty benefits only if the entity is not treated as fiscally transparent for that income. Where can i file my state tax return for free See Fiscally transparent entity discussed earlier under Flow-Through Entities. Where can i file my state tax return for free   Limitations on benefits provisions generally prohibit third country residents from obtaining treaty benefits. Where can i file my state tax return for free For example, a foreign corporation may not be entitled to a reduced rate of withholding unless a minimum percentage of its owners are citizens or residents of the United States or the treaty country. Where can i file my state tax return for free   The exemptions from, or reduced rates of, U. Where can i file my state tax return for free S. Where can i file my state tax return for free tax vary under each treaty. Where can i file my state tax return for free You must check the provisions of the tax treaty that apply. Where can i file my state tax return for free Tables at the end of this publication show the countries with which the United States has income tax treaties and the rates of withholding that apply in cases where all conditions of the particular treaty articles are satisfied. Where can i file my state tax return for free   If you know, or have reason to know, that an owner of income is not eligible for treaty benefits claimed, you must not apply the treaty rate. Where can i file my state tax return for free You are not, however, responsible for misstatements on a Form W-8, documentary evidence, or statements accompanying documentary evidence for which you did not have actual knowledge, or reason to know, that the statements were incorrect. Where can i file my state tax return for free Exceptions to TIN requirement. Where can i file my state tax return for free   A foreign person does not have to provide a TIN to claim a reduced rate of withholding under a treaty if the requirements for the following exceptions are met. Where can i file my state tax return for free Income from marketable securities (discussed next). Where can i file my state tax return for free Unexpected payments to an individual (discussed under U. Where can i file my state tax return for free S. Where can i file my state tax return for free Taxpayer Identification Numbers ). Where can i file my state tax return for free Marketable securities. Where can i file my state tax return for free   A Form W-8BEN provided to claim treaty benefits does not need a U. Where can i file my state tax return for free S. Where can i file my state tax return for free TIN if the foreign beneficial owner is claiming the benefits on income from marketable securities. Where can i file my state tax return for free For this purpose, income from a marketable security consists of the following items. Where can i file my state tax return for free Dividends and interest from stocks and debt obligations that are actively traded. Where can i file my state tax return for free Dividends from any redeemable security issued by an investment company registered under the Investment Company Act of 1940 (mutual fund). Where can i file my state tax return for free Dividends, interest, or royalties from units of beneficial interest in a unit investment trust that are (or were upon issuance) publicly offered and are registered with the SEC under the Securities Act of 1933. Where can i file my state tax return for free Income related to loans of any of the above securities. Where can i file my state tax return for free Offshore accounts. Where can i file my state tax return for free   If a payment is made outside the United States to an offshore account, a payee may give you documentary evidence, rather than Form W-8BEN. Where can i file my state tax return for free   In most cases, a payment is made outside the United States if you complete the acts necessary to effect the payment outside the United States. Where can i file my state tax return for free However, an amount paid by a bank or other financial institution on a deposit or account usually will be treated as paid at the branch or office where the amount is credited. Where can i file my state tax return for free An offshore account is an account maintained at an office or branch of a U. Where can i file my state tax return for free S. Where can i file my state tax return for free or foreign bank or other financial institution at any location outside the United States. Where can i file my state tax return for free   You may rely on documentary evidence given to you by a nonqualified intermediary or a flow-through entity with its Form W-8IMY. Where can i file my state tax return for free This rule applies even though you make the payment to a nonqualified intermediary or flow-through entity in the United States. Where can i file my state tax return for free In most cases, the nonqualified intermediary or flow-through entity that gives you documentary evidence also will have to give you a withholding statement, discussed later. Where can i file my state tax return for free Documentary evidence. Where can i file my state tax return for free   You may apply a reduced rate of withholding to income from marketable securities (discussed earlier) paid outside the United States to an offshore account if the beneficial owner gives you documentary evidence in place of a Form W-8BEN. Where can i file my state tax return for free To claim treaty benefits, the documentary evidence must be one of the following: A certificate of residence that: Is issued by a tax official of the treaty country of which the foreign beneficial owner claims to be a resident, States that the person has filed its most recent income tax return as a resident of that country, and Is issued within 3 years prior to being presented to you. Where can i file my state tax return for free Documentation for an individual that: Includes the individual's name, address, and photograph, Is an official document issued by an authorized governmental body, and Is issued no more than 3 years prior to being presented to you. Where can i file my state tax return for free Documentation for an entity that: Includes the name of the entity, Includes the address of its principal office in the treaty country, and Is an official document issued by an authorized governmental body. Where can i file my state tax return for free In addition to the documentary evidence, a foreign beneficial owner that is an entity must provide a statement that it derives the income for which it claims treaty benefits and that it meets one or more of the conditions set forth in a limitation on benefits article, if any, (or similar provision) contained in the applicable treaty. Where can i file my state tax return for free Form W-8ECI, Certificate of Foreign Person's Claim That Income Is Effectively Connected With the Conduct of a Trade or Business in the United States. Where can i file my state tax return for free   This form is used by a foreign person to: Establish foreign status, Claim that such person is the beneficial owner of the income for which the form is being furnished, and Claim that the income is effectively connected with the conduct of a trade or business in the United States. Where can i file my state tax return for free (See Effectively Connected Income , later. Where can i file my state tax return for free )   Effectively connected income for which a valid Form W-8ECI has been provided is generally not subject to NRA withholding. Where can i file my state tax return for free   If a partner submits this form to a partnership, the income claimed to be effectively connected with the conduct of a U. Where can i file my state tax return for free S. Where can i file my state tax return for free trade or business is subject to withholding under section 1446. Where can i file my state tax return for free If the partner has made, or will make, an election under section 871(d) or 882(d), the partner must submit Form W-8ECI, and attach a copy of the election, or a statement of intent to elect, to the form. Where can i file my state tax return for free    If the partner's only effectively connected income is the income allocated from the partnership and the partner is not making the election under section 871(d) or 882(d), the partner should provide Form W-8BEN to the partnership. Where can i file my state tax return for free Form W-8EXP, Certificate of Foreign Government or Other Foreign Organization for United States Tax Withholding. Where can i file my state tax return for free   This form is used by a foreign government, international organization, foreign central bank of issue, foreign tax-exempt organization, foreign private foundation, or government of a U. Where can i file my state tax return for free S. Where can i file my state tax return for free possession to: Establish foreign status, Claim that such person is the beneficial owner of the income for which the form is being furnished, and Claim a reduced rate of, or an exemption from, withholding as such an entity. Where can i file my state tax return for free   If the government or organization is a partner in a partnership carrying on a trade or business in the United States, the effectively connected income allocable to the partner is subject to withholding under section 1446. Where can i file my state tax return for free   See Foreign Governments and Certain Other Foreign Organizations , later. Where can i file my state tax return for free Foreign Intermediaries and Foreign Flow-Through Entities Payments made to a foreign intermediary or foreign flow-through entity are treated as made to the payees on whose behalf the intermediary or entity acts. Where can i file my state tax return for free The Form W-8IMY provided by a foreign intermediary or flow-through entity must be accompanied by additional information for you to be able to reliably associate the payment with a payee. Where can i file my state tax return for free The additional information required depends on the type of intermediary or flow-through entity and the extent of the withholding responsibilities it assumes. Where can i file my state tax return for free Form W-8IMY, Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U. Where can i file my state tax return for free S. Where can i file my state tax return for free Branches for United States Tax Withholding. Where can i file my state tax return for free   This form is used by foreign intermediaries and foreign flow-through entities, as well as certain U. Where can i file my state tax return for free S. Where can i file my state tax return for free branches, to: Represent that a foreign person is a qualified intermediary or nonqualified intermediary, Represent, if applicable, that the qualified intermediary is assuming primary NRA withholding responsibility and/or primary Form 1099 reporting and backup withholding responsibility, Represent that a foreign partnership or a foreign simple or grantor trust is a withholding foreign partnership or a withholding foreign trust, Represent that a foreign flow-through entity is a nonwithholding foreign partnership, or a nonwithholding foreign trust and that the income is not effectively connected with the conduct of a trade or business in the United States, Represent that the provider is a U. Where can i file my state tax return for free S. Where can i file my state tax return for free branch of a foreign bank or insurance company and either is agreeing to be treated as a U. Where can i file my state tax return for free S. Where can i file my state tax return for free person or is transmitting documentation of the persons on whose behalf it is acting, or Represent that, for purposes of section 1446, it is an upper-tier foreign partnership or a foreign grantor trust and that the form is being used to transmit the required documentation. Where can i file my state tax return for free For information on qualifying as an upper-tier foreign partnership, see Regulations section 1. Where can i file my state tax return for free 1446-5. Where can i file my state tax return for free Qualified Intermediaries In most cases, a QI is any foreign intermediary that has entered into a QI withholding agreement (discussed earlier) with the IRS. Where can i file my state tax return for free A foreign intermediary that has received a QI employer identification number (QI-EIN) may represent on Form W-8IMY that it is a QI before it receives a fully executed agreement. Where can i file my state tax return for free The intermediary can claim that it is a QI until the IRS revokes its QI-EIN. Where can i file my state tax return for free The IRS will revoke a QI-EIN if the QI agreement is not executed and returned to the IRS within a reasonable period of time after the agreement was sent to the intermediary for signature. Where can i file my state tax return for free Responsibilities. Where can i file my state tax return for free   Payments made to a QI that does not assume NRA withholding responsibility are treated as paid to its account holders and customers. Where can i file my state tax return for free However, a QI is not required to provide you with documentation it obtains from its foreign account holders and customers. Where can i file my state tax return for free Instead, it provides you with a withholding statement that contains withholding rate pool information. Where can i file my state tax return for free A withholding rate pool is a payment of a single type of income, determined in accordance with the categories of income reported on Form 1042-S that is subject to a single rate of withholding. Where can i file my state tax return for free A qualified intermediary is required to provide you with information regarding U. Where can i file my state tax return for free S. Where can i file my state tax return for free persons subject to Form 1099 reporting and to provide you withholding rate pool information separately for each such U. Where can i file my state tax return for free S. Where can i file my state tax return for free person unless it has assumed Form 1099 reporting and backup withholding responsibility. Where can i file my state tax return for free For the alternative procedure for providing rate pool information for U. Where can i file my state tax return for free S. Where can i file my state tax return for free non-exempt persons, see the Form W-8IMY instructions. Where can i file my state tax return for free   The withholding statement must: Designate those accounts for which it acts as a qualified intermediary, Designate those accounts for which it assumes primary NRA withholding responsibility and/or primary Form 1099 and backup withholding responsibility, and Provide sufficient information for you to allocate the payment to a withholding rate pool. Where can i file my state tax return for free   The extent to which you must have withholding rate pool information depends on the withholding and reporting obligations assumed by the QI. Where can i file my state tax return for free Primary responsibility not assumed. Where can i file my state tax return for free   If a QI does not assume primary NRA withholding responsibility or primary Form 1099 reporting and backup withholding responsibility for the payment, you can reliably associate the payment with valid documentation only to the extent you can reliably determine the part of the payment that relates to each withholding rate pool for foreign payees. Where can i file my state tax return for free Unless the alternative procedure applies, the qualified intermediary must provide you with a separate withholding rate pool for each U. Where can i file my state tax return for free S. Where can i file my state tax return for free person subject to Form 1099 reporting and/or backup withholding. Where can i file my state tax return for free The QI must provide a Form W-9 or, in the absence of the form, the name, address, and TIN, if available, for such person. Where can i file my state tax return for free Primary NRA withholding responsibility assumed. Where can i file my state tax return for free   If you make a payment to a QI that assumes primary NRA withholding responsibility (but not primary Form 1099 reporting and backup withholding responsibility), you can reliably associate the payment with valid documentation only to the extent you can reliably determine the part of the payment that relates to the withholding rate pool for which the QI assumes primary NRA withholding responsibility and the part of the payment attributable to withholding rate pools for each U. Where can i file my state tax return for free S. Where can i file my state tax return for free person, unless the alternative procedure applies, subject to Form 1099 reporting and/or backup withholding. Where can i file my state tax return for free The QI must provide a Form W-9 or, in the absence of the form, the name, address, and TIN, if available, for such person. Where can i file my state tax return for free Primary NRA and Form 1099 responsibility assumed. Where can i file my state tax return for free   If you make a payment to a QI that assumes both primary NRA withholding responsibility and primary Form 1099 reporting and backup withholding responsibility, you can reliably associate a payment with valid documentation provided that you receive a valid Form W-8IMY. Where can i file my state tax return for free It is not necessary to associate the payment with withholding rate pools. Where can i file my state tax return for free Example. Where can i file my state tax return for free You make a payment of dividends to a QI. Where can i file my state tax return for free It has five customers: two are foreign persons who have provided documentation entitling them to a 15% rate of withholding on dividends; two are foreign persons subject to a 30% rate of withholding on dividends; and one is a U. Where can i file my state tax return for free S. Where can i file my state tax return for free individual who provides it with a Form W-9. Where can i file my state tax return for free Each customer is entitled to 20% of the dividend payment. Where can i file my state tax return for free The QI does not assume any primary withholding responsibility. Where can i file my state tax return for free The QI gives you a Form W-8IMY with which it associates the Form W-9 and a withholding statement that allocates 40% of the dividend to a 15% withholding rate pool, 40% to a 30% withholding rate pool, and 20% to the U. Where can i file my state tax return for free S. Where can i file my state tax return for free individual. Where can i file my state tax return for free You should report on Forms 1042-S 40% of the payment as made to a 15% rate dividend pool and 40% of the payment as made to a 30% rate dividend pool. Where can i file my state tax return for free The part of the payment allocable to the U. Where can i file my state tax return for free S. Where can i file my state tax return for free individual (20%) is reportable on Form 1099-DIV. Where can i file my state tax return for free Smaller partnerships and trusts. Where can i file my state tax return for free   A QI may apply special rules to a smaller partnership or trust (Joint Account Provision) only if the partnership or trust meets the following conditions. Where can i file my state tax return for free It is a foreign partnership or foreign simple or grantor trust. Where can i file my state tax return for free It is a direct account holder of the QI. Where can i file my state tax return for free It does not have any partner, beneficiary, or owner that is a U. Where can i file my state tax return for free S. Where can i file my state tax return for free person or a pass- through partner, beneficiary, or owner. Where can i file my state tax return for free   For information on these rules, see section 4A. Where can i file my state tax return for free 01 of the QI agreement. Where can i file my state tax return for free This is found in Appendix 3 of Revenue Procedure 2003-64. Where can i file my state tax return for free Also see Revenue Procedure 2004-21. Where can i file my state tax return for free Related partnerships and trusts. Where can i file my state tax return for free    A QI may apply special rules to a related partnership or trust only if the partnership or trust meets the following conditions. Where can i file my state tax return for free It is a foreign partnership or foreign simple or grantor trust. Where can i file my state tax return for free It is either: A direct account holder of the QI, or An indirect account holder of the QI that is a direct partner, beneficiary, or owner of a partnership or trust to which the QI has applied this rule. Where can i file my state tax return for free For information on these rules, see section 4A. Where can i file my state tax return for free 02 of the QI agreement. Where can i file my state tax return for free This is found in Appendix 3 of Revenue Procedure 2003-64. Where can i file my state tax return for free Also see Revenue Procedure 2005-77. Where can i file my state tax return for free Nonqualified Intermediaries If you are making a payment to an NQI, foreign flow-through entity, or U. Where can i file my state tax return for free S. Where can i file my state tax return for free branch that is using Form W-8IMY to transmit information about the branch's account holders or customers, you can treat the payment (or a part of the payment) as reliably associated with valid documentation from a specific payee only if, prior to making the payment: You can allocate the payment to a valid Form W-8IMY, You can reliably determine how much of the payment relates to valid documentation provided by a payee (a person that is not itself a foreign intermediary, flow- through entity, or U. Where can i file my state tax return for free S. Where can i file my state tax return for free branch), and You have sufficient information to report the payment on Form 1042-S or Form 1099, if reporting is required. Where can i file my state tax return for free The NQI, flow-through entity, or U. Where can i file my state tax return for free S. Where can i file my state tax return for free branch must give you certain information on a withholding statement that is associated with the Form W-8IMY. Where can i file my state tax return for free A withholding statement must be updated to keep the information accurate prior to each payment. Where can i file my state tax return for free Withholding statement. Where can i file my state tax return for free   In most cases, a withholding statement must contain the following information. Where can i file my state tax return for free The name, address, and TIN (if any, or if required) of each person for whom documentation is provided. Where can i file my state tax return for free The type of documentation (documentary evidence, Form W-8, or Form W-9) for every person for whom documentation has been provided. Where can i file my state tax return for free The status of the person for whom the documentation has been provided, such as whether the person is a U. Where can i file my state tax return for free S. Where can i file my state tax return for free exempt recipient (U. Where can i file my state tax return for free S. Where can i file my state tax return for free person exempt from Form 1099 reporting), U. Where can i file my state tax return for free S. Where can i file my state tax return for free non-exempt recipient (U. Where can i file my state tax return for free S. Where can i file my state tax return for free person subject to Form 1099 reporting), or a foreign person. Where can i file my state tax return for free For a foreign person, the statement must indicate whether the person is a beneficial owner or a foreign intermediary, flow-through entity, or a U. Where can i file my state tax return for free S. Where can i file my state tax return for free branch. Where can i file my state tax return for free The type of recipient the person is, based on the recipient codes used on Form 1042-S. Where can i file my state tax return for free Information allocating each payment, by income type, to each payee (including U. Where can i file my state tax return for free S. Where can i file my state tax return for free exempt and U. Where can i file my state tax return for free S. Where can i file my state tax return for free non-exempt recipients) for whom documentation has been provided. Where can i file my state tax return for free The rate of withholding that applies to each foreign person to whom a payment is allocated. Where can i file my state tax return for free A foreign payee's country of residence. Where can i file my state tax return for free If a reduced rate of withholding is claimed, the basis for a reduced rate of withholding (for example, portfolio interest, treaty benefit, etc. Where can i file my state tax return for free ). Where can i file my state tax return for free In the case of treaty benefits claimed by entities, whether the applicable limitation on benefits statement and the statement that the foreign person derives the income for which treaty benefits are claimed, have been made. Where can i file my state tax return for free The name, address, and TIN (if any) of any other NQI, flow-through entity, or U. Where can i file my state tax return for free S. Where can i file my state tax return for free branch from which the payee will directly receive a payment. Where can i file my state tax return for free Any other information a withholding agent requests to fulfill its reporting and withholding obligations. Where can i file my state tax return for free Alternative procedure. Where can i file my state tax return for free   Under this alternative procedure the NQI can give you the information that allocates each payment to each foreign and U. Where can i file my state tax return for free S. Where can i file my state tax return for free exempt recipient by January 31 following the calendar year of payment, rather than prior to the payment being made as otherwise required. Where can i file my state tax return for free To take advantage of this procedure, the NQI must: (a) inform you, on its withholding statement, that it is using the alternative procedure; and (b) obtain your consent. Where can i file my state tax return for free You must receive the withholding statement with all the required information (other than item 5) prior to making the payment. Where can i file my state tax return for free    This alternative procedure cannot be used for payments to U. Where can i file my state tax return for free S. Where can i file my state tax return for free non-exempt recipients. Where can i file my state tax return for free Therefore, an NQI must always provide you with allocation information for all U. Where can i file my state tax return for free S. Where can i file my state tax return for free non-exempt recipients prior to a payment being made. Where can i file my state tax return for free Pooled withholding information. Where can i file my state tax return for free   If an NQI uses the alternative procedure, it must provide you with withholding rate pool information, as opposed to individual allocation information, prior to the payment of a reportable amount. Where can i file my state tax return for free A withholding rate pool is a payment of a single type of income (as determined by the income categories on Form 1042-S) that is subject to a single rate of withholding. Where can i file my state tax return for free For example, an NQI that has foreign account holders receiving royalties and dividends, both subject to the 15% rate, will provide you with information for two withholding rate pools (one for royalties and one for dividends). Where can i file my state tax return for free The NQI must provide you with the payee specific allocation information (information allocating each payment to each payee) by January 31 following the calendar year of payment. Where can i file my state tax return for free Failure to provide allocation information. Where can i file my state tax return for free   If an NQI fails to provide you with the payee specific allocation information for a withholding rate pool by January 31, you must not apply the alternative procedure to any of the NQI's withholding rate pools from that date forward. Where can i file my state tax return for free You must treat the payees as undocumented and apply the presumption rules, discussed later in Presumption Rules . Where can i file my state tax return for free An NQI is deemed to have f
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1099-K Reporting Requirements for Payment Settlement Entities

Beginning in January, 2012, payment settlement entities (PSEs) are required by the Housing Assistance Tax Act of 2008 to report on Form 1099-K the following transactions:

  • All payments made in settlement of payment card transactions (e.g., credit card);
  • Payments in settlement of third party network transactions IF:
    -Gross payments to a participating payee exceed $20,000; AND
    -There are more than 200 transactions with the participating payee.

Filing Deadlines & Procedures

Your 1099-Ks are due to merchants by January 31, 2014. Electronically filed 1099-Ks are due to the IRS April 1, 2014 (normally March 31), while paper 1099-Ks are due February 28, 2014.

File your 1099-K electronically through the FIRE (Filing Information Returns Electronically) option. For information, review Publication 1220 (PDF). If you are considering filing on paper, review General Instructions for Certain Information Returns.

Verification Processes

We verify that tax returns are correct and complete using the following processes:

More Information

You can find more about the 1099-K and other information returns at our Third Party Reporting Information Center.

You may also want to see Frequently Asked Question about Backup Withholding

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Page Last Reviewed or Updated: 20-Mar-2014

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