Can I File a W2 Form for Payments Made to a Nonresident Alien Employee?

The short answer is, sometimes. File a W2 form for payments that you made to a nonresident alien employee if there is no tax treaty that applies to the employee. Employers should use the Form 1042-S, Foreign Person’s U.S. Source Income Subject to Withholding, if a tax treaty is applicable. Complete and file both tax forms if a tax treaty applies specific employee wages but not to all of their wages. Send relevant nonresident alien employees a W2 form by Jan. 31 for the previous tax year. Deliver a Form 1042-S to the Internal Revenue Service and the employee by March 15 electronically or in paper form.

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