POMS Reference

This change was made on Apr 9, 2018. See latest version.
Text removed
Text added

GN 05010.500: Benefit Statements Involving Alien Withholding Tax

changes
*
  • Effective Dates: 01/27/1999 - Present
  • Effective Dates: 04/09/2018 - Present
  • TN 11 (11-97)
  • GN 05010.500 Benefit Statements Involving Alien Withholding Tax
  • A. INTRODUCTION
  • 1. General
  • The Form SSA-1042S (Social Security Benefit Statement) serves the same purpose as, and is similar to, the Form SSA-1099 (also named Social Security Benefit Statement). However, the SSA-1042S has additional entries to show the:
  • * nonresident alien tax rate;
  • * amount of nonresident alien tax withheld;
  • * amount of nonresident alien tax refunded; and
  • * net nonresident alien tax withheld.
  • The explanations of the form and the items on it provide information to the nonresident alien whose tax is a flat rate and is not related to age or other income.
  • 2. Spanish-Language Forms
  • Original Spanish-language SSA-1042Ss are sent to beneficiaries in the following countries:
  • Andorra
  • Honduras
  • Argentina
  • Mexico
  • Bolivia
  • Nicaragua
  • Chile
  • Panama
  • Colombia
  • Paraguay
  • Costa Rica
  • Peru
  • Dominican Republic
  • Spain
  • Ecuador
  • Uruguay
  • El Salvador
  • Venezuela
  • Guatemala
  •  
  • A beneficiary with a Spanish language preference will receive an SSA-1042S-SM-SP if he or she was a nonresident alien, or had nonresident alien tax withheld or refunded, during the tax year.
  • Subsequent statements (updated, replacement, etc.) are English-language forms.
  • B. POLICY
  • Each year, an SSA-1042S is sent to every Social Security beneficiary who:
  • * had the nonresident alien tax withheld from his/her benefits during the year for which the statement is issued;
  • EXCEPTION: A U.S. citizen beneficiary who had the nonresident alien tax withheld from his benefit, and had all the tax refunded to him in the statement year, receives an SSA-1099.
  • * is an alien residing in a tax treaty country (as listed in GN 05010.010A.2.) at the time the annual statement is prepared and has an AWSC other than “3” (i.e., no withholding, resident alien);
  • * is an alien residing outside the U.S., has an AWSC other than “3,” and did not receive any benefits during the statement year because they were withheld to recover an overpayment; or
  • * is an alien residing outside the U.S., has an AWSC other than “3,” and did not receive any benefits but repaid benefits in the statement year.
  • U.S. citizens and residents (in or out of the U.S.) receive an SSA-1099.