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Form 1042-T for Orange California: What You Should Know

Filled out by business owners to file their foreign income taxes. It is imperative not to miss out on an audit opportunity. We provide Free Tax Planning Advice What is your income source, and who receives it? You cannot file your 1040 unless you file a form 1042, Income Tax Return for U.S. Persons (“1042-S”). If you are a U.S. citizen or resident, you should know whether an audit is expected. If you are a U.S. resident, you MUST fill out the form and send it to IRS as well. If you are not a U.S. resident, you do not need to fill out the Form 1042, but your employer does. You must fill out the form if you receive money, other property, or services, income or profits, directly or indirectly from the business of another U.S. person, or your spouse is such a person. What form should I file with the income tax return? The most common question is whether it is required to file Form 1042-S. Form 1042-S is a report of an individual's foreign source income from business income and wages. The form is due to the IRS for the business income you receive if you are a business owner. You also must file Form 1042-S for wages you received from your business if you are a sole proprietor. What is foreign source income? Foreign source income is derived from foreign sources unless the U.S. business owner qualifies as a withholding agent. Foreign source income includes interest, dividends, payments to non-U.S. persons, remittances or payments to foreign organizations. What if I do not file Form 1042? When the IRS requires you to file Form 1042, we advise every individual to do so. However, if you are exempt from filing because of the foreign tax credit, special rules apply. If you have not filed Form 1042, you should file it and pay any taxes due on time. Even if you are not a U.S. resident (and/or filing a domestic partnership tax return) you may have to file Form 1040, U.S. Individual Income Tax Return, if you claim the foreign tax credit. What if I have been audited? If you are a resident of Australia — or are self-employed — you should fill out the AUD (Australian Taxation Office) Audit Form if you had been audited.

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