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New Mexico Form 1042: What You Should Know

For a list of acceptable Form 1042-S's and Form TRD-31109's for New Mexico, go here. Form 1098 — Employer Reporting The IRS requires a taxpayer-sourced Form 1099-MISC for the employer, not the employee. New Mexico must have a separate Form 1098, Employer Withholding from Employee-Issued Wages. As of November 2013, a filing due date is February 15, not March 15, so the employer must file and report them on Form 1098-B. A Form 1098-B also must be filed if the payment is in cash by mail or by electronic transfer. For example, if the payee is a nonresident alien, and the employer has earned 20,000 in foreign sales, the employer must file Form 1088, Employer's Required Withholding Tax Return. Other Forms Required by Filing an Information Return to the IRS Form 8949-A, Report on Foreign Bank and Financial Accounts, must be filed by the U.S. agent if the financial institution reports no foreign financial account. (See page 4 of IRS Publication 970 for further guidance) If the U.S. agent is in possession of a written opinion filed by a registered agent of the financial institution, that opinion must be filed. If the U.S. agent does not have a written opinion, but has filed the IRS Form 8949 with the financial institution, the financial institution must file a Form 4978 Statement. (See page 4 of IRS Publication 970 for further guidance) IRS Forms 8888-A and 8888-B must be filed if the financial institution reports no foreign financial account. (See pages 4 and 5 of IRS Publication 970 for further guidance) If the U.S. agent has to file Forms 8888-A and 8888-B, it is sufficient to file one of them. The second Form 8888-A will be considered a duplicate and filed once again with the U.S. agent once the financial institution's opinion is received. In lieu of filing Forms 8888-A and 8888-B in the case of foreign bank accounts containing a U.S. citizen, an entity that is a wholly owned affiliate of the foreign bank may include in its Form 8949 a description of the U.S. citizen who is the entity and the assets of the U.S.

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