Memo #
12393

INSTITUTE COMMENTS ON REVISED FORM 1042-S FOR YEAR 2001 INFORMATION REPORTING

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[12393] July 26, 2000 TO: BANK AND TRUST ADVISORY COMMITTEE No. 18-00 BROKER/DEALER ADVISORY COMMITTEE No. 15-00 OPERATIONS COMMITTEE No. 16-00 TAX COMMITTEE No. 31-00 TRANSFER AGENT ADVISORY COMMITTEE No. 34-00 RE: INSTITUTE COMMENTS ON REVISED FORM 1042-S FOR YEAR 2001 INFORMATION REPORTING The Institute has submitted the attached comment letter to the Internal Revenue Service regarding the 2001 draft Form 1042-S which incorporates a number of changes affecting mutual fund shareholders.1 When finalized, this form will be used by withholding agents, including mutual funds, to report payments of certain US source income (“reportable payments”) made to foreign persons during 2001 and any US tax withheld from such reportable payments. The Institute’s letter recommends that (1) US mutual funds continue to be allowed to report both ordinary income dividends and capital gain dividends to the Internal Revenue Service (IRS) and shareholders using a single copy of IRS Form 1042-S; (2) Form 1042-S retain the explanatory information currently provided to shareholders and that the “Pro-rata basis reporting” and “Amount reimbursed to recipient” boxes be relabeled as the “NQI pro-rata reporting” and “Refunds of overwithheld amounts” boxes, respectively; and (3) the new requirement in box 14 for the withholding agent to separately identify the type of US taxpayer identification number provided by a recipient (i.e., as a SSN or ITIN, EIN or QI-EIN) be eliminated as redundant. With respect to the “Amount reimbursed to recipient” box, the letter also requests that the IRS provide an example showing the intended use for this box on the back of payee Form D. Deanna J. Flores Assistant Counsel Attachment Attachment (in .pdf format) 1 See Institute Memorandum to Bank and Trust Advisory Committee No. 16-00; Broker/Dealer Advisory Committee No. 14-00; Operations Committee No. 15-00; Tax Committee No. 29-00; and Transfer Agent Advisory Committee No. 31-00, dated July 17, 2000.

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