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South Dakota Form 1042-S: What You Should Know

If you are the recipient of a 1042-S you may request comments on the form or amendment from the IRS via your local TDI office. The comments are provided on a rolling basis. You may submit comments to the Internal Revenue Services Website by clicking through the link provided at the bottom of the page. See instructions for filling out your comment form here (PDF). What if I receive a Form 1099 from a person who is not a U.S. citizen, U.S. resident alien, a U.S. employer, or a foreign person? Filing the 1099-MISC with TDI doesn't remove the individual's U.S. citizenship and U.S. residency from the individual's tax return. A resident alien who receives  a Form 1099-MISC as part of his income tax return must report the amount received on his U.S. tax return. If I received a 1099-MISC from a foreign person and I am a nonresident alien, do I have to file an amended U.S. tax return? No. It is not necessary to file an amended U.S. tax return to report a foreign income tax loss. Note: A foreign person must provide your IRS Form 1040 or 1040A and information from their income tax return to support a 1099-MISC for a nonresident alien who is not a nonresident alien. The nonresident alien must also file Form 1040NR to determine tax liability. See the instructions for Form 1040NR or 1040NR-EZ (PDF) for details. A foreign person who is not a U.S. citizen, U.S. resident alien, a U.S. employer, or a foreign person may have to file an amended U.S. tax return on Form 1040 or Form 1040A. For details, see the instructions for Form 1040 or Form 1040A (PDF) for details and requirements. See Notice 2014-26, 2014-14 I.R.B. 483, Information Returns, 2014-14 I.R.B. 483a, Information Returns for Foreign Individuals, or see Publication 505, Tax Guide for U.S. Citizens and Residents Abroad (PDF).

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