Forms 1042, 1042-S and 1042-T are United States Internal Revenue Service tax forms dealing with payments to foreign persons, including non-resident aliens, foreign partnerships, foreign corporations, foreign estates, and foreign trusts.
Forms 1042 and 1042-S are filed separately from an SPVs 1065 form. The main difference between forms 1042 and 1042-S is that form 1042-S is concerned with payments made to foreign persons, while form 1042 is concerned with determining how much income will be withheld for tax withholding purposes. Also, Form 1042-S must always be filed together with Form 1042-T but Form 1042 can be filed by itself. When an SPV has non-US investors and invests into a startup company and invests into a convertible note, if the SPV Organizer obtains a completed W8 from each non-US investor and files a 1042 for each non-US investor, then the non-US investor is not required to have any of its profits withheld by the IRS for that SPV investment.