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Have questions? We've got you covered!What are the Chapter 4 Exemption Codes of Form 1042-S, and what do they mean?
The Chapter 4 Exemption Codes in Box 4a of Form 1042-S indicate why a payment is exempt from Chapter 4 withholding tax under the Foreign Account Tax Compliance Act (FATCA). These exemptions apply to specific entities and individuals based on FATCA regulations. Below is a table listing the exemption codes and their explanations:
Chapter 4 Code |
Authority for Exemption |
Explanation |
13 |
Grandfathered payment |
If the withholding agent makes a payment under a grandfathered obligation. |
14 |
Effectively connected income |
If exemption code 14 corresponds to (effectively connected income), you must enter the recipient's U.S. TIN in box 13e if your reported income corresponds to a U.S. trade or business. |
15 |
Payee not subject to chapter 4 withholding |
Use this code if a payment is withholdable but not withheld under chapter 4 due to the payee's status, or if the withholding agent applies the 90-day grace period after a change in circumstance. |
16 |
Excluded nonfinancial payment |
Used for payments described in Regulations section 1.1473-1(a)(4)(iii). |
17 |
Foreign Entity that assumes primary withholding responsibility |
Use if it pays to a QI that assumes primary withholding responsibility, a WP, or a WT. |
18 |
U.S. payees of participating FFI or registered deemed-compliant FFI |
Use this code when making a payment to a participating FFI or registered deemed-compliant FFI, but only if the FFI’s withholding statement with its Form W-8IMY shows the payment is allocated to a chapter 4 withholding rate pool of U.S. payees and the FFI certifies it meets the requirements to include the account holder in that pool. |
19 |
Exempt from withholding under IGA |
Use this code when exempt from withholding under Intergovernmental agreement (IGA). |
20 |
Dormant account |
When making a withholdable payment to a participating FFI or registered deemed-compliant FFI that has stated on its withholding statement with Form W-8IMY that the payment is allocated to a dormant account holder subject to the escrow procedure under Regulations section 1.1471-4(b)(6). |
21 |
Other payment not subject to chapter 4 withholding |
Use this code if the payment is exempt from chapter 4 withholding and no other exemption code applies. Also, exemption code 21 for income code 37 (return of capital) should be used when reporting nondividend payments. |
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