US (United States) Code. Title 26. Subtitle A: Income Taxes. Chapter 3: Withholding of tax on nonresident aliens

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Internal revenue code

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 48 páginas
publicidad
publicidad

-CITE-

26 USC CHAPTER 3 - WITHHOLDING OF TAX ON NONRESIDENT

ALIENS AND FOREIGN CORPORATIONS 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle A - Income Taxes

CHAPTER 3 - WITHHOLDING OF TAX ON NONRESIDENT ALIENS AND FOREIGN

CORPORATIONS

-HEAD-

CHAPTER 3 - WITHHOLDING OF TAX ON NONRESIDENT ALIENS AND FOREIGN

CORPORATIONS

-MISC1-

Subchapter Sec.(!1)

A. Nonresident aliens and foreign corporations 1441

B. Application of withholding provisions 1461

AMENDMENTS

1984 - Pub. L. 98-369, div. A, title IV, Sec. 474(r)(29)(B), (C),

July 18, 1984, 98 Stat. 844, struck out "AND TAX-FREE COVENANT

BONDS" after "FOREIGN CORPORATIONS" in heading of chapter 3, and

struck out item for subchapter B "Tax-free covenant bonds" and

redesignated the item for subchapter C as B.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 864, 896, 6414, 6501,

6513, 6724, 7851 of this title.

-FOOTNOTE-

(!1) Section numbers editorially supplied.

-End-

-CITE-

26 USC Subchapter A - Nonresident Aliens and Foreign

Corporations 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle A - Income Taxes

CHAPTER 3 - WITHHOLDING OF TAX ON NONRESIDENT ALIENS AND FOREIGN

CORPORATIONS

Subchapter A - Nonresident Aliens and Foreign Corporations

-HEAD-

SUBCHAPTER A - NONRESIDENT ALIENS AND FOREIGN CORPORATIONS

-MISC1-

Sec.

1441. Withholding of tax on nonresident aliens.

1442. Withholding of tax on foreign corporations.

1443. Foreign tax-exempt organizations.

1444. Withholding on Virgin Islands source income.

1445. Withholding of tax on dispositions of United States

real property interests.

1446. Withholding of tax on foreign partners' share of

effectively connected income.

AMENDMENTS

1988 - Pub. L. 100-647, title I, Sec. 1012(s)(1)(C), Nov. 10,

1988, 102 Stat. 3527, substituted "Withholding of tax on foreign

partners' share of effectively connected income" for "Withholding

tax on amounts paid by partnerships to foreign partners" in item

1446.

1986 - Pub. L. 99-514, title XII, Sec. 1246(c), Oct. 22, 1986,

100 Stat. 2582, added item 1446.

1984 - Pub. L. 98-369, div. A, title I, Sec. 129(a)(2), July 18,

1984, 98 Stat. 659, added item 1445.

1983 - Pub. L. 97-455, Sec. 1(d)(2), Jan. 12, 1983, 96 Stat.

2498, added item 1444.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 33, 3405, 6049 of this

title.

-End-

-CITE-

26 USC Sec. 1441 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle A - Income Taxes

CHAPTER 3 - WITHHOLDING OF TAX ON NONRESIDENT ALIENS AND FOREIGN

CORPORATIONS

Subchapter A - Nonresident Aliens and Foreign Corporations

-HEAD-

Sec. 1441. Withholding of tax on nonresident aliens

-STATUTE-

(a) General rule

Except as otherwise provided in subsection (c), all persons, in

whatever capacity acting (including lessees or mortgagors of real

or personal property, fiduciaries, employers, and all officers and

employees of the United States) having the control, receipt,

custody, disposal, or payment of any of the items of income

specified in subsection (b) (to the extent that any of such items

constitutes gross income from sources within the United States), of

any nonresident alien individual or of any foreign partnership

shall (except as otherwise provided in regulations prescribed by

the Secretary under section 874) deduct and withhold from such

items a tax equal to 30 percent thereof, except that in the case of

any item of income specified in the second sentence of subsection

(b), the tax shall be equal to 14 percent of such item.

(b) Income items

The items of income referred to in subsection (a) are interest

(other than original issue discount as defined in section 1273),

dividends, rent, salaries, wages, premiums, annuities,

compensations, remunerations, emoluments, or other fixed or

determinable annual or periodical gains, profits, and income, gains

described in section 631(b) or (c), amounts subject to tax under

section 871(a)(1)(C), gains subject to tax under section

871(a)(1)(D), and gains on transfers described in section 1235 made

on or before October 4, 1966. The items of income referred to in

subsection (a) from which tax shall be deducted and withheld at the

rate of 14 percent are amounts which are received by a nonresident

alien individual who is temporarily present in the United States as

a nonimmigrant under subparagraph (F), (J), (M), or (Q) of section

101(a)(15) of the Immigration and Nationality Act and which are -

(1) incident to a qualified scholarship to which section 117(a)

applies, but only to the extent includible in gross income; or

(2) in the case of an individual who is not a candidate for a

degree at an educational organization described in section

170(b)(1)(A)(ii), granted by -

(A) an organization described in section 501(c)(3) which is

exempt from tax under section 501(a),

(B) a foreign government,

(C) an international organization, or a binational or

multinational educational and cultural foundation or commission

created or continued pursuant to the Mutual Educational and

Cultural Exchange Act of 1961, or

(D) the United States, or an instrumentality or agency

thereof, or a State, or a possession of the United States, or

any political subdivision thereof, or the District of Columbia,

as a scholarship or fellowship for study, training, or research

in the United States. In the case of a nonresident alien

individual who is a member of a domestic partnership, the items

of income referred to in subsection (a) shall be treated as

referring to items specified in this subsection included in his

distributive share of the income of such partnership.

(c) Exceptions

(1) Income connected with United States business

No deduction or withholding under subsection (a) shall be

required in the case of any item of income (other than

compensation for personal services) which is effectively

connected with the conduct of a trade or business within the

United States and which is included in the gross income of the

recipient under section 871(b)(2) for the taxable year.

(2) Owner unknown

The Secretary may authorize the tax under subsection (a) to be

deducted and withheld from the interest upon any securities the

owners of which are not known to the withholding agent.

(3) Bonds with extended maturity dates

The deduction and withholding in the case of interest on bonds,

mortgages, or deeds of trust or other similar obligations of a

corporation, within subsections (a), (b), and (c) of section 1451

(as in effect before its repeal by the Tax Reform Act of 1984)

were it not for the fact that the maturity date of such

obligations has been extended on or after January 1, 1934, and

the liability assumed by the debtor exceeds 27 1/2 percent of

the interest, shall not exceed the rate of 27 1/2 percent per

annum.

(4) Compensation of certain aliens

Under regulations prescribed by the Secretary, compensation for

personal services may be exempted from deduction and withholding

under subsection (a).

(5) Special items

In the case of gains described in section 631(b) or (c), gains

subject to tax under section 871(a)(1)(D), and gains on transfers

described in section 1235 made on or before October 4, 1966, the

amount required to be deducted and withheld shall, if the amount

of such gain is not known to the withholding agent, be such

amount, not exceeding 30 percent of the amount payable, as may be

necessary to assure that the tax deducted and withheld shall not

be less than 30 percent of such gain.

(6) Per diem of certain aliens

No deduction or withholding under subsection (a) shall be

required in the case of amounts of per diem for subsistence paid

by the United States Government (directly or by contract) to any

nonresident alien individual who is engaged in any program of

training in the United States under the Mutual Security Act of

1954, as amended.

(7) Certain annuities received under qualified plans

No deduction or withholding under subsection (a) shall be

required in the case of any amount received as an annuity if such

amount is, under section 871(f), exempt from the tax imposed by

section 871(a).

(8) Original issue discount

The Secretary may prescribe such regulations as may be

necessary for the deduction and withholding of the tax on

original issue discount subject to tax under section 871(a)(1)(C)

including rules for the deduction and withholding of the tax on

original issue discount from payments of interest.

(9) Interest income from certain portfolio debt investments

In the case of portfolio interest (within the meaning of

section 871(h)), no tax shall be required to be deducted and

withheld from such interest unless the person required to deduct

and withhold tax from such interest knows, or has reason to know,

that such interest is not portfolio interest by reason of section

871(h)(3) or (4).

(10) Exception for certain interest and dividends

No tax shall be required to be deducted and withheld under

subsection (a) from any amount described in section 871(i)(2).

(11) Certain gambling winnings

No tax shall be required to be deducted and withheld under

subsection (a) from any amount exempt from the tax imposed by

section 871(a)(1)(A) by reason of section 871(j).

(d) Exemption of certain foreign partnerships

Subject to such terms and conditions as may be provided by

regulations prescribed by the Secretary, subsection (a) shall not

apply in the case of a foreign partnership engaged in trade or

business within the United States if the Secretary determines that

the requirements of subsection (a) impose an undue administrative

burden and that the collection of the tax imposed by section 871(a)

on the members of such partnership who are nonresident alien

individuals will not be jeopardized by the exemption.

(e) Alien resident of Puerto Rico

For purposes of this section, the term "nonresident alien

individual" includes an alien resident of Puerto Rico.

(f) Continental shelf areas

For sources of income derived from, or for services performed

with respect to, the exploration or exploitation of natural

resources on submarine areas adjacent to the territorial waters

of the United States, see section 638.

(g) Cross reference

For provision treating 85 percent of social security benefits

as subject to withholding under this section, see section

871(a)(3).

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 357; Aug. 26, 1954, ch. 937,

title V, Sec. 544(f), as added July 18, 1956, ch. 627, Sec. 11(a),

70 Stat. 563; amended Pub. L. 85-141, Sec. 11(b)(1), Aug. 14, 1957,

71 Stat. 365; Pub. L. 85-866, title I, Sec. 40(b), Sept. 2, 1958,

72 Stat. 1638; Pub. L. 87-256, Sec. 110(d), Sept. 21, 1961, 75

Stat. 536; Pub. L. 88-272, title III, Sec. 302(c), Feb. 26, 1964,

78 Stat. 146; Pub. L. 89-809, title I, Sec. 103(h), Nov. 13, 1966,

80 Stat. 1553; Pub. L. 91-172, title V, Sec. 505(b), Dec. 30, 1969,

83 Stat. 634; Pub. L. 92-178, title III, Sec. 313(a), (d), Dec. 10,

1971, 85 Stat. 526, 527; Pub. L. 94-455, title XIX, Sec.

1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 98-21, title

I, Sec. 121(c)(2), Apr. 20, 1983, 97 Stat. 82; Pub. L. 98-369, div.

A, title I, Secs. 42(a)(13), 127(e)(1), title IV, Sec.

474(r)(29)(G), (H), July 18, 1984, 98 Stat. 557, 652, 845; Pub. L.

99-514, title I, Sec. 123(b)(2), title XII, Sec. 1214(c)(3), title

XVIII, Sec. 1810(d)(3)(D), Oct. 22, 1986, 100 Stat. 2113, 2542,

2825; Pub. L. 100-647, title I, Sec. 1001(d)(2)(A), title VI, Sec.

6134(a)(2), Nov. 10, 1988, 102 Stat. 3350, 3721; Pub. L. 101-508,

title XI, Sec. 11704(a)(14), Nov. 5, 1990, 104 Stat. 1388-518; Pub.

L. 102-318, title V, Sec. 521(b)(32), (33), July 3, 1992, 106 Stat.

312; Pub. L. 103-66, title XIII, Sec. 13237(c)(4), Aug. 10, 1993,

107 Stat. 508; Pub. L. 103-296, title III, Sec. 320(a)(1)(B), Aug.

15, 1994, 108 Stat. 1535; Pub. L. 105-34, title XVI, Sec.

1604(g)(3), Aug. 5, 1997, 111 Stat. 1099.)

-REFTEXT-

REFERENCES IN TEXT

Section 101(a)(15) of the Immigration and Nationality Act, as

amended, referred to in subsec. (b), is classified to section

1101(a)(15) of Title 8, Aliens and Nationality.

The Mutual Educational and Cultural Exchange Act of 1961,

referred to in subsec. (b)(2)(C), is Pub. L. 87-256, Sept. 21,

1961, 75 Stat. 527, as amended, which is classified principally to

chapter 33 (Sec. 2451 et seq.) of Title 22, Foreign Relations and

Intercourse. For complete classification of this Act to the Code,

see Short Title note set out under section 2451 of Title 22 and

Tables.

The Tax Reform Act of 1984, referred to in subsec. (c)(3), is

division A [Secs. 5 to 1082] of Pub. L. 98-369, July 18, 1984, 98

Stat. 494, which was approved July 18, 1984. For complete

classification of this Act to the Code, see Short Title of 1984

Amendments note set out under section 1 of this title and Tables.

The Mutual Security Act of 1954, referred to in subsec. (c)(6),

is act Aug. 26, 1954, ch. 937, 68 Stat. 832, as amended by acts

July 8, 1955, ch. 301, 69 Stat. 283; July 18, 1956, ch. 627, Secs.

2 to 11, 70 Stat. 555; Aug. 14, 1957, Pub. L. 85-141, 71 Stat. 355;

June 30, 1958, Pub. L. 85-477, ch. 1, Secs. 101 to 103, ch. II,

Secs. 201 to 205, ch. III, Sec. 301, ch. IV, Sec. 401, ch. V, Sec.

501, 72 Stat. 261; July 24, 1959, Pub. L. 86-108, Sec. 2, ch. 1,

Sec. 101, ch. II, Secs. 201 to 205(a) to (i), (k) to (n), ch. III,

Sec. 301, ch. IV, Sec. 401(a) to (k), (m), 73 Stat. 246; May 14,

1960, Pub. L. 86-472, ch. I to V, 74 Stat. 134, which was

principally classified to chapter 24 (Sec. 1750 et seq.) of Title

22, Foreign Relations and Intercourse, and which was repealed by

act July 18, 1956, ch. 627, Sec. 8(m), 70 Stat. 559, Pub. L.

85-141, Secs. 2(e), 3, 4(b), 11(d), Aug. 14, 1957, 71 Stat. 356,

Pub. L. 86-108, ch. II, Secs. 205(j), ch. IV, 401(1), July 24,

1959, 73 Stat. 250, Pub. L. 86-472, ch. II, Secs. 203(d), 204(k),

May 14, 1960, 74 Stat. 138, Pub. L. 87-195, pt. III, Sec.

642(a)(2), Sept. 4, 1961, 75 Stat. 460, Pub. L. 94-329, title II,

Sec. 212(b)(1), June 30, 1976, 90 Stat 745, except for sections

1754, 1783, 1796, 1853, 1922, 1928, and 1937 of Title 22. For

complete classification of this Act to the Code, see Short Title

note set out under section 1754 of Title 22 and Tables.

-MISC1-

AMENDMENTS

1997 - Subsec. (g). Pub. L. 105-34 substituted "85 percent" for

"one-half".

1994 - Subsec. (b). Pub. L. 103-296 substituted "(J), (M), or

(Q)" for "(J), or (M)".

1993 - Subsec. (c)(9). Pub. L. 103-66 substituted "section

871(h)(3) or (4)" for "section 871(h)(3)".

1992 - Subsecs. (b), (c)(5). Pub. L. 102-318 struck out

"402(a)(2), 403(a)(2), or" before "631(b)".

1990 - Subsec. (b)(2). Pub. L. 101-508 inserted "section" before

"170(b)(1)(A)(ii)".

1988 - Subsec. (b). Pub. L. 100-647, Sec. 1001(d)(2)(A), amended

second sentence generally. Prior to amendment, second sentence read

as follows: "The items of income referred to in subsection (a) from

which tax shall be deducted and withheld at the rate of 14 percent

are amounts which are received by a nonresident alien individual

who is temporarily present in the United States as a nonimmigrant

under subparagraph (F) or (J) of section 101(a)(15) of the

Immigration and Nationality Act and which are incident to a

qualified scholarship to which section 117(a) applies, but only to

the extent such amounts are includible in gross income."

Subsec. (c)(11). Pub. L. 100-647, Sec. 6134(a)(2), added par.

(11).

1986 - Subsec. (b). Pub. L. 99-514, Sec. 123(b)(2), amended

second sentence generally. Prior to amendment, second sentence read

as follows: "The items of income referred to in subsection (a) from

which tax shall be deducted and withheld at the rate of 14 percent

are -

"(1) that portion of any scholarship or fellowship grant which

is received by a nonresident alien individual who is temporarily

present in the United States as a nonimmigrant under subparagraph

(F) or (J) of section 101(a)(15) of the Immigration and

Nationality Act, as amended, and which is not excluded from gross

income under section 117(a)(1) solely by reason of section

117(b)(2)(B); and

"(2) amounts described in subparagraphs (A), (B), (C), and (D)

of section 117(a)(2) which are received by any such nonresident

alien individual and which are incident to a scholarship or

fellowship grant to which section 117(a)(1) applies, but only to

the extent such amounts are includable in gross income."

Subsec. (c)(9). Pub. L. 99-514, Sec. 1810(d)(3)(D), substituted

"section 871(h)" for "871(h)(2)".

Subsec. (c)(10). Pub. L. 99-514, Sec. 1214(c)(3), added par.

(10).

1984 - Subsec. (a). Pub. L. 98-369, Sec. 474(r)(29)(G), struck

out "except in the cases provided for in section 1451 and" before

"except as otherwise provided in regulations".

Subsec. (b). Pub. L. 98-369, Sec. 42(a)(13), substituted "section

1273" for "section 1232(b)".

Subsec. (c)(3). Pub. L. 98-369, Sec. 474(r)(29)(H), inserted "(as

in effect before its repeal by the Tax Reform Act of 1984)".

Subsec. (c)(9). Pub. L. 98-369, Sec. 127(e)(1), added par. (9).

1983 - Subsec. (g). Pub. L. 98-21 added subsec. (g).

1976 - Pub. L. 94-455 struck out in subsecs. (a), (c)(2), (4),

(8), (d), "or his delegate" after "Secretary".

1971 - Subsec. (b). Pub. L. 92-178, Sec. 313(a), inserted "(other

than original issue discount as defined in section 1232(b))" after

"interest".

Subsec. (c)(8). Pub. L. 92-178, Sec. 313(d), added par. (8).

1969 - Subsec. (f). Pub. L. 91-172 added subsec. (f).

1966 - Subsec. (a). Pub. L. 89-809, Sec. 103(h)(1), substituted

"or of any foreign partnership" for ", or of any partnership not

engaged in trade or business within the United States and composed

in whole or in part of nonresident aliens,".

Subsec. (b). Pub. L. 89-809, Sec. 103(h)(2)-(4), struck out

"(except interest on deposits with persons carrying on the banking

business paid to persons not engaged in business in the United

States)" after "The items of income referred to in subsection (a)

are interest" and substituted "gains described in section

402(a)(2), 403(a)(2), or 631(b) or (c), amounts subject to tax

under section 871(a)(1)(C), gains subject to tax under section

871(a)(1)(D), and gains on transfers described in section 1235 made

on or before October 4, 1966" for "and amounts described in section

402(a)(2), section 403(a)(2), section 631(b) and (c), and section

1235, which are considered to be gains from the sale or exchange of

capital assets" in text preceding par. (1), and inserted provision

for treatment of items of income referred to in subsec. (a) in the

case of nonresident alien individuals who are members of domestic

partnerships.

Subsec. (c)(1). Pub. L. 89-809, Sec. 103(h)(5), substituted "in

the case of any item of income (other than compensation for

personal services) which is effectively connected with the conduct

of a trade or business within the United States and which is

included in the gross income of the recipient under section

871(b)(2) for the taxable year" for "in the case of dividends paid

by a foreign corporation unless (A) such corporation is engaged in

trade or business within the United States, and (B) more than 85

percent of the gross income of such corporation for the 3-year

period ending with the close of its taxable year preceding the

declaration of such dividends (or for such part of such period as

the corporation has been in existence) was derived from sources

within the United States as determined under part I of subchapter N

of chapter 1" after "shall be required".

Subsec. (c)(4). Pub. L. 89-809, Sec. 103(h)(6), struck out

provisions which had served to limit to compensation for personal

services of nonresident alien individuals who enter and leave the

United States at frequent intervals and of nonresident alien

individuals for the period they are temporarily present in the

United States as a nonimmigrant under subparagraph (F) and (J) of

section 101(a)(15) of the Immigration and Nationality Act, as

amended, the application of the exemption from deduction and

withholding under subsec. (a), leaving the exemption under subsec.

(a) applicable to compensation for personal services without

further limitation.

Subsec. (c)(5). Pub. L. 89-809, Sec. 103(h)(7), substituted

"gains described in section 402(a)(2), 403(a)(2), or 631(b) or (c),

gains subject to tax under section 871 (a)(1)(D), and gains on

transfers described in section 1235 made on or before October 4,

1966," for "amounts described in section 402(a)(2), section

403(a)(2), section 631(b) and (c), and section 1235, which are

considered to be gains from the sale or exchange of capital

assets," and "amounts payable," for "proceeds from such sale or

exchange,".

Subsec. (c)(7). Pub. L. 89-809, Sec. 103(h)(8), added par. (7).

Subsecs. (d), (e). Pub. L. 89-809, Sec. 103(h)(9), added subsec.

(d) and redesignated former subsec. (d) as (e).

1964 - Subsecs. (a), (b). Pub. L. 88-272 reduced the withholding

rate from 18% to 14%.

1961 - Subsec. (a). Pub. L. 87-256, Sec. 110(d)(1), required a

tax equal to 18 percent of the item in the case of any item of

income specified in second sentence of subsection (b).

Subsec. (b). Pub. L. 87-256, Sec. 110(d)(2), inserted provisions

listing items of income from which tax shall be deducted and

withheld at the rate of 18 percent.

Subsec. (c)(4). Pub. L. 87-256, Sec. 110(d)(3), authorized the

exemption from deduction and withholding of the compensation for

personal services of a nonresident alien individual for the period

he is temporarily present in the United States as a nonimmigrant

under subpar. (F) or (J) of section 101(a)(15) of the Immigration

and Nationality Act, as amended.

1958 - Subsecs. (b), (c)(5). Pub. L. 85-866 inserted "section

403(a)(2)," after "section 402(a)(2),".

1956 - Subsec. (c)(6). Act July 18, 1956, added section 544(f) to

act Aug. 26, 1954, which section amended this subsection by adding

par. (6).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-296 effective with calendar quarter

following Aug. 15, 1994, see section 320(c) of Pub. L. 103-296, set

out as a note under section 871 of this title.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-66 applicable to interest received after

Dec. 31, 1993, see section 13237(d) of Pub. L. 103-66, set out as a

note under section 871 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-318 applicable to distributions after

Dec. 31, 1992, see section 521(e) of Pub. L. 102-318, set out as a

note under section 402 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 1001(d)(2)(A) of Pub. L. 100-647 effective,

except as otherwise provided, as if included in the provision of

the Tax Reform Act of 1986, Pub. L. 99-514, to which such amendment

relates, see section 1019(a) of Pub. L. 100-647, set out as a note

under section 1 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by section 123(b)(2) of Pub. L. 99-514 applicable to

taxable years beginning after Dec. 31, 1986, but only in the case

of scholarships and fellowships granted after Aug. 16, 1986, see

section 151(d) of Pub. L. 99-514, set out as a note under section 1

of this title.

Amendment by section 1214(c)(3) of Pub. L. 99-514 applicable to

payments made in a taxable year of the payor beginning after Dec.

31, 1986, except as otherwise provided, see section 1214(d) of Pub.

L. 99-514, as amended, set out as a note under section 861 of this

title.

Amendment by section 1810(d)(3)(D) of Pub. L. 99-514 effective,

except as otherwise provided, as if included in the provisions of

the Tax Reform Act of 1984, Pub. L. 98-369, div. A, to which such

amendment relates, see section 1881 of Pub. L. 99-514, set out as a

note under section 48 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 42(a)(13) of Pub. L. 98-369 applicable to

taxable years ending after July 18, 1984, see section 44 of Pub. L.

98-369, set out as an Effective Date note under section 1271 of

this title.

Amendment by section 127(e)(1) of Pub. L. 98-369 applicable to

interest received after July 18, 1984, with respect to obligations

issued after such date, in taxable years ending after such date,

see section 127(g)(1) of Pub. L. 98-369, set out as a note under

section 871 of this title.

Amendment by section 474(r)(29)(G), (H) of Pub. L. 98-369 not

applicable with respect to obligations issued before Jan. 1, 1984,

see section 475(b) of Pub. L. 98-369, set out as a note under

section 33 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-21 applicable to benefits received after

Dec. 31, 1983, in taxable years ending after such date, except for

any portion of a lump-sum payment of social security benefits

received after Dec. 31, 1983, if the generally applicable payment

date for such portion was before Jan. 1, 1984, see section 121(g)

of Pub. L. 98-21, set out as an Effective Date note under section

86 of this title.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-178 applicable with respect to payments

occurring on or after Apr. 1, 1972, see section 313(f) of Pub. L.

92-178, set out as a note under section 871 of this title.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-809 applicable with respect to payments

made in taxable years of recipients beginning after Dec. 31, 1966,

see section 103(n)(2) of Pub. L. 89-809, set out as a note under

section 871 of this title.

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment by Pub. L. 88-272 applicable to payments made after

seventh day following Feb. 24, 1964, see section 302(d) of Pub. L.

88-272, set out as a note under section 3402 of this title.

EFFECTIVE DATE OF 1961 AMENDMENT

Section 110(h)(2) of Pub. L. 87-256 provided that: "The

amendments made by subsection (d) of this section [amending this

section] shall apply with respect to payments made after December

31, 1961."

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-866 effective Sept. 3, 1958, see section

40(c) of Pub. L. 85-866, set out as a note under section 871 of

this title.

REPEALS

Section 544(f) of act Aug. 26, 1954, cited as a credit to this

section, was repealed by Pub. L. 85-141, except insofar as such

section 544(f) affected this section.

APPLICABILITY OF CERTAIN AMENDMENTS BY PUB. L. 99-514 IN RELATION

TO TREATY OBLIGATIONS OF UNITED STATES

For nonapplication of amendments by sections 123(b)(2) and

1214(c)(3) of Pub. L. 99-514 to the extent application of such

amendments would be contrary to any treaty obligation of the United

States in effect on Oct. 22, 1986, with provision that for such

purposes any amendment by title I of Pub. L. 100-647 be treated as

if it had been included in the provision of Pub. L. 99-514 to which

such amendment relates, see section 1012(aa)(3), (4) of Pub. L.

100-647, set out as a note under section 861 of this title.

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1994

For provisions directing that if any amendments made by subtitle

B [Secs. 521-523] of title V of Pub. L. 102-318 require an

amendment to any plan, such plan amendment shall not be required to

be made before the first plan year beginning on or after Jan. 1,

1994, see section 523 of Pub. L. 102-318, set out as a note under

section 401 of this title.

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or

title XVIII [Secs. 1800-1899A] of Pub. L. 99-514 require an

amendment to any plan, such plan amendment shall not be required to

be made before the first plan year beginning on or after Jan. 1,

1989, see section 1140 of Pub. L. 99-514, as amended, set out as a

note under section 401 of this title.

WITHHOLDING OF TAX ON NONRESIDENT ALIENS AND FOREIGN CORPORATIONS

Pub. L. 97-248, title III, Sec. 342, Sept. 3, 1982, 96 Stat. 635,

as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.

2095, provided that: "Not later than 2 years after the date of the

enactment of this Act [Sept. 3, 1982], the Secretary of the

Treasury or his delegate shall prescribe regulations establishing

certification procedures, refund procedures, or other procedures

which ensure that any benefit of any treaty relating to withholding

of tax under sections 1441 and 1442 of the Internal Revenue Code of

1986 [formerly I.R.C. 1954] is available only to persons entitled

to such benefit."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5, 565, 860G, 871, 884,

1276, 1278, 1442, 1444, 3402, 6049, 6103, 7701 of this title; title

12 section 3413; title 25 section 2719; title 48 section 1421i.

-End-

-CITE-

26 USC Sec. 1442 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle A - Income Taxes

CHAPTER 3 - WITHHOLDING OF TAX ON NONRESIDENT ALIENS AND FOREIGN

CORPORATIONS

Subchapter A - Nonresident Aliens and Foreign Corporations

-HEAD-

Sec. 1442. Withholding of tax on foreign corporations

-STATUTE-

(a) General rule

In the case of foreign corporations subject to taxation under

this subtitle, there shall be deducted and withheld at the source

in the same manner and on the same items of income as is provided

in section 1441 a tax equal to 30 percent thereof. For purposes of

the preceding sentence, the references in section 1441(b) to

sections 871(a)(1)(C) and (D) shall be treated as referring to

sections 881(a)(3) and (4), the reference in section 1441(c)(1) to

section 871(b)(2) shall be treated as referring to section 842 or

section 882(a)(2), as the case may be, the reference in section

1441(c)(5) to section 871(a)(1)(D) shall be treated as referring to

section 881(a)(4), the reference in section 1441(c)(8) to section

871(a)(1)(C) shall be treated as referring to section 881(a)(3),

the references in section 1441(c)(9) to sections 871(h) and

871(h)(3) or (4) shall be treated as referring to sections 881(c)

and 881(c)(3) or (4), and the reference in section 1441(c)(10) to

section 871(i)(2) shall be treated as referring to section 881(d).

(b) Exemption

Subject to such terms and conditions as may be provided by

regulations prescribed by the Secretary, subsection (a) shall not

apply in the case of a foreign corporation engaged in trade or

business within the United States if the Secretary determines that

the requirements of subsection (a) impose an undue administrative

burden and that the collection of the tax imposed by section 881 on

such corporation will not be jeopardized by the exemption.

(c) Exception for certain possessions corporations

For purposes of this section, the term "foreign corporation" does

not include a corporation created or organized in Guam, American

Samoa, the Northern Mariana Islands, or the Virgin Islands or under

the law of any such possession if the requirements of subparagraphs

(A), (B), and (C) of section 881(b)(1) are met with respect to such

corporation.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 358; Pub. L. 89-809, title I,

Sec. 104(c), Nov. 13, 1966, 80 Stat. 1557; Pub. L. 92-178, title

III, Sec. 313(e), Dec. 10, 1971, 85 Stat. 528; Pub. L. 92-606, Sec.

1(e)(2), Oct. 31, 1972, 86 Stat. 1497; Pub. L. 94-455, title XIX,

Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 98-369,

div. A, title I, Secs. 127(e)(2), 130(b), title IV, Sec.

474(r)(29)(I), July 18, 1984, 98 Stat. 652, 661, 845; Pub. L.

99-514, title XII, Sec. 1273(b)(2)(B), title XVIII, Sec.

1810(d)(3)(E), Oct. 22, 1986, 100 Stat. 2596, 2825; Pub. L.

100-647, title I, Sec. 1012(g)(7), Nov. 10, 1988, 102 Stat. 3501;

Pub. L. 103-66, title XIII, Sec. 13237(c)(5), Aug. 10, 1993, 107

Stat. 508.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-66 substituted "871(h)(3) or (4)"

for "871(h)(3)" and "881(c)(3) or (4)" for "881(c)(3)".

1988 - Subsec. (a). Pub. L. 100-647 struck out "and" after "to

section 881(a)(3)," and inserted before period at end ", and the

reference in section 1441(c)(10) to section 871(i)(2) shall be

treated as referring to section 881(d)".

1986 - Subsec. (a). Pub. L. 99-514, Sec. 1810(d)(3)(E),

substituted "871(h)" for "871(h)(2)", "881(c)" for "881(c)(2)", and

"1441(c)(9)" for "1449(c)(9)".

Subsec. (c). Pub. L. 99-514, Sec. 1273(b)(2)(B), amended subsec.

(c) generally, substituting reference to "certain possessions

corporations" for reference to "certain Guam and Virgin Islands

corporations" in heading, and in text extending "foreign

corporation" exception so as to not include corporation created or

organized in Guam, American Samoa, Northern Mariana Islands, or the

Virgin Islands, and striking out par. (2) which declared that par.

(1) not apply to tax imposed in Guam, and par. (3) which referred

to sections 934 and 943a for tax imposed in Virgin Islands.

1984 - Subsec. (a). Pub. L. 98-369, Sec. 474(r)(29)(I), struck

out "or section 1451" after "provided in section 1441" and struck

out "; except that, in the case of interest described in section

1451 (relating to tax-free covenant bonds), the deduction and

withholding shall be at the rate specified therein" after "a tax

equal to 30 percent thereof".

Pub. L. 98-369, Sec. 127(e)(2), struck out "and" after "section

881(a)(4)," and inserted ", and the references in section

1449(c)(9) to sections 871(h)(2) and 871(h)(3) shall be treated as

referring to sections 881(c)(2) and 881(c)(3)".

Subsec. (c). Pub. L. 98-369, Sec. 130(b), substituted provision

relating to exception for certain Guam and Virgin Islands

corporations for provision relating to exception for Guam

corporations.

1976 - Subsec. (b). Pub. L. 94-455 struck out "or his delegate"

after "Secretary" in two places.

1972 - Subsec. (c). Pub. L. 92-606 added subsec. (c).

1971 - Subsec. (a). Pub. L. 92-178 provided that reference in

section 1441(c)(8) to section 871(a)(1)(C) shall be treated as

referring to section 881(a)(3).

1966 - Pub. L. 89-809 limited the withholding of tax at the 30

percent rate to items of fixed or determinable United States source

income not effectively connected with the conduct of a trade or

business in the United States and authorized the granting of an

exemption from the withholding requirement in the case of a foreign

corporation engaged in trade or business within the United States

if the Secretary or his delegate determines that the withholding

imposes an undue administrative burden and that the collection of

the tax will not be jeopardized by the exemption.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-66 applicable to interest received after

Dec. 31, 1993, see section 13237(d) of Pub. L. 103-66, set out as a

note under section 871 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-647 effective, except as otherwise

provided, as if included in the provision of the Tax Reform Act of

1986, Pub. L. 99-514, to which such amendment relates, see section

1019(a) of Pub. L. 100-647, set out as a note under section 1 of

this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by section 1273(b)(2)(B) of Pub. L. 99-514 applicable

to taxable years beginning after Dec. 31, 1986, with certain

exceptions and qualifications, see section 1277 of Pub. L. 99-514,

set out as a note under section 931 of this title.

Amendment by section 1810(d)(3)(E) of Pub. L. 99-514 effective,

except as otherwise provided, as if included in the provisions of

the Tax Reform Act of 1984, Pub. L. 98-369, div. A, to which such

amendment relates, see section 1881 of Pub. L. 99-514, set out as a

note under section 48 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 127(e)(2) of Pub. L. 98-369 applicable to

interest received after July 18, 1984, with respect to obligations

issued after such date, in taxable years after such date, see

section 127(g)(1) of Pub. L. 98-369, set out as a note under

section 871 of this title.

Amendment by section 130(b) of Pub. L. 98-369 applicable to

payments made after Mar. 1, 1984, in taxable years ending after

such date, see section 130(d) of Pub. L. 98-369, set out as a note

under section 881 of this title.

Amendment by section 474(r)(29)(I) of Pub. L. 98-369 not

applicable with respect to obligations issued before Jan. 1, 1984,

see section 475(b) of Pub. L. 98-369, set out as a note under

section 33 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 2 of Pub. L. 92-606 provided in part that: "The amendment

made by section 1(e)(2) [amending this section] shall take effect

on the day after the date of enactment of this Act [Oct. 31,

1972]."

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-178 applicable with respect to payments

occurring on or after Apr. 1, 1972, see section 313(f) of Pub. L.

92-178, set out as a note under section 871 of this title.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-809 applicable with respect to taxable

years beginning after Dec. 31, 1966, see section 104(n) of Pub. L.

89-809, set out as a note under section 11 of this title.

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or

title XVIII [Secs. 1800-1899A] of Pub. L. 99-514 require an

amendment to any plan, such plan amendment shall not be required to

be made before the first plan year beginning on or after Jan. 1,

1989, see section 1140 of Pub. L. 99-514, as amended, set out as a

note under section 401 of this title.

WITHHOLDING OF TAX ON NONRESIDENT ALIENS AND FOREIGN CORPORATIONS

For provisions relating to withholding of tax on nonresident

aliens and foreign corporations, see Pub. L. 97-248, title III,

Sec. 342, Sept. 3, 1982, 96 Stat. 635, set out as a note under

section 1441 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12, 565, 814, 860G, 881,

884, 885, 1276, 1278, 1444, 3402, 7701 of this title; title 48

section 1421i.

-End-

-CITE-

26 USC Sec. 1443 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle A - Income Taxes

CHAPTER 3 - WITHHOLDING OF TAX ON NONRESIDENT ALIENS AND FOREIGN

CORPORATIONS

Subchapter A - Nonresident Aliens and Foreign Corporations

-HEAD-

Sec. 1443. Foreign tax-exempt organizations

-STATUTE-

(a) Income subject to section 511

In the case of income of a foreign organization subject to the

tax imposed by section 511, this chapter shall apply to income

includible under section 512 in computing its unrelated business

taxable income, but only to the extent and subject to such

conditions as may be provided under regulations prescribed by the

Secretary.

(b) Income subject to section 4948

In the case of income of a foreign organization subject to the

tax imposed by section 4948(a), this chapter shall apply, except

that the deduction and withholding shall be at the rate of 4

percent and shall be subject to such conditions as may be provided

under regulations prescribed by the Secretary.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 358; Pub. L. 91-172, title I,

Secs. 101(j)(22), 121(d)(2)(C), Dec. 30, 1969, 83 Stat. 528, 547;

Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976, 90

Stat. 1834.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-455 struck out "or his delegate" after

"Secretary" in two places.

1969 - Pub. L. 91-172, Sec. 101(j)(22), designated existing

provisions as subsec. (a) and added subsec. (b).

Subsec. (a). Pub. L. 91-172, Sec. 121(d)(2)(C), substituted

"income" for "rents" after "this chapter shall apply to".

EFFECTIVE DATE OF 1969 AMENDMENT

Amendment by section 101(j)(22) of Pub. L. 91-172 effective Jan.

1, 1970, see section 101(k)(1) of Pub. L. 91-172, set out as an

Effective Date note under section 4940 of this title.

Amendment by section 121(d)(2)(C) of Pub. L. 91-172 applicable to

taxable years beginning after Dec. 31, 1969, see section 121(g) of

Pub. L. 91-172, set out as a note under section 511 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7701 of this title; title

48 section 1421i.

-End-

-CITE-

26 USC Sec. 1444 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle A - Income Taxes

CHAPTER 3 - WITHHOLDING OF TAX ON NONRESIDENT ALIENS AND FOREIGN

CORPORATIONS

Subchapter A - Nonresident Aliens and Foreign Corporations

-HEAD-

Sec. 1444. Withholding on Virgin Islands source income

-STATUTE-

For purposes of determining the withholding tax liability

incurred in the Virgin Islands pursuant to this title (as made

applicable to the Virgin Islands) with respect to amounts received

from sources within the Virgin Islands by citizens and resident

alien individuals of the United States, and corporations organized

in the United States, the rate of withholding tax under sections

1441 and 1442 on income subject to tax under section 871(a)(1) or

881 shall not exceed the rate of tax on such income under section

871(a)(1) or 881, as the case may be.

-SOURCE-

(Added Pub. L. 97-455, Sec. 1(b), Jan. 12, 1983, 96 Stat. 2497;

amended Pub. L. 100-647, title I, Sec. 1012(x), Nov. 10, 1988, 102

Stat. 3530.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-647 struck out "(as modified by section 934A)"

before "shall not exceed".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-647 effective, except as otherwise

provided, as if included in the provision of the Tax Reform Act of

1986, Pub. L. 99-514, to which such amendment relates, see section

1019(a) of Pub. L. 100-647, set out as a note under section 1 of

this title.

EFFECTIVE DATE

Section applicable to payments made after Jan. 12, 1983, see

section 1(e)(2) of Pub. L. 97-455, set out as a note under section

934 of this title.

-End-

-CITE-

26 USC Sec. 1445 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle A - Income Taxes

CHAPTER 3 - WITHHOLDING OF TAX ON NONRESIDENT ALIENS AND FOREIGN

CORPORATIONS

Subchapter A - Nonresident Aliens and Foreign Corporations

-HEAD-

Sec. 1445. Withholding of tax on dispositions of United States real

property interests

-STATUTE-

(a) General rule

Except as otherwise provided in this section, in the case of any

disposition of a United States real property interest (as defined

in section 897(c)) by a foreign person, the transferee shall be

required to deduct and withhold a tax equal to 10 percent of the

amount realized on the disposition.

(b) Exemptions

(1) In general

No person shall be required to deduct and withhold any amount

under subsection (a) with respect to a disposition if paragraph

(2), (3), (4), (5), or (6) applies to the transaction.

(2) Transferor furnishes nonforeign affidavit

Except as provided in paragraph (7), this paragraph applies to

the disposition if the transferor furnishes to the transferee an

affidavit by the transferor stating, under penalty of perjury,

the transferor's United States taxpayer identification number and

that the transferor is not a foreign person.

(3) Nonpublicly traded domestic corporation furnishes affidavit

that interests in corporation not United States real property

interests

Except as provided in paragraph (7), this paragraph applies in

the case of a disposition of any interest in any domestic

corporation if the domestic corporation furnishes to the

transferee an affidavit by the domestic corporation stating,

under penalty of perjury, that -

(A) the domestic corporation is not and has not been a United

States real property holding corporation (as defined in section

897(c)(2)) during the applicable period specified in section

897(c)(1)(A)(ii), or

(B) as of the date of the disposition, interests in such

corporation are not United States real property interests by

reason of section 897(c)(1)(B).

(4) Transferee receives qualifying statement

(A) In general

This paragraph applies to the disposition if the transferee

receives a qualifying statement at such time, in such manner,

and subject to such terms and conditions as the Secretary may

by regulations prescribe.

(B) Qualifying statement

For purposes of subparagraph (A), the term "qualifying

statement" means a statement by the Secretary that -

(i) the transferor either -

(I) has reached agreement with the Secretary (or such

agreement has been reached by the transferee) for the

payment of any tax imposed by section 871(b)(1) or

882(a)(1) on any gain recognized by the transferor on the

disposition of the United States real property interest, or

(II) is exempt from any tax imposed by section 871(b)(1)

or 882(a)(1) on any gain recognized by the transferor on

the disposition of the United States real property

interest, and

(ii) the transferor or transferee has satisfied any

transferor's unsatisfied withholding liability or has

provided adequate security to cover such liability.

(5) Residence where amount realized does not exceed $300,000

This paragraph applies to the disposition if -

(A) the property is acquired by the transferee for use by him

as a residence, and

(B) the amount realized for the property does not exceed

$300,000.

(6) Stock regularly traded on established securities market

This paragraph applies if the disposition is of a share of a

class of stock that is regularly traded on an established

securities market.

(7) Special rules for paragraphs (2) and (3)

Paragraph (2) or (3) (as the case may be) shall not apply to

any disposition -

(A) if -

(i) the transferee has actual knowledge that the affidavit

referred to in such paragraph is false, or

(ii) the transferee receives a notice (as described in

subsection (d)) from a transferor's agent or a transferee's

agent that such affidavit is false, or

(B) if the Secretary by regulations requires the transferee

to furnish a copy of such affidavit to the Secretary and the

transferee fails to furnish a copy of such affidavit to the

Secretary at such time and in such manner as required by such

regulations.

(c) Limitations on amount required to be withheld

(1) Cannot exceed transferor's maximum tax liability

(A) In general

The amount required to be withheld under this section with

respect to any disposition shall not exceed the amount (if any)

determined under subparagraph (B) as the transferor's maximum

tax liability.

(B) Request

At the request of the transferor or transferee, the Secretary

shall determine, with respect to any disposition, the

transferor's maximum tax liability.

(C) Refund of excess amounts withheld

Subject to such terms and conditions as the Secretary may by

regulations prescribe, a transferor may seek and obtain a

refund of any amounts withheld under this section in excess of

the transferor's maximum tax liability.

(2) Authority of Secretary to prescribe reduced amount

At the request of the transferor or transferee, the Secretary

may prescribe a reduced amount to be withheld under this section

if the Secretary determines that to substitute such reduced

amount will not jeopardize the collection of the tax imposed by

section 871(b)(1) or 882(a)(1).

(3) Procedural rules

(A) Regulations

Requests for -

(i) qualifying statements under subsection (b)(4),

(ii) determinations of transferor's maximum tax liability

under paragraph (1), and

(iii) reductions under paragraph (2) in the amount required

to be withheld,

shall be made at the time and manner, and shall include such

information, as the Secretary shall prescribe by regulations.

(B) Requests to be handled within 90 days

The Secretary shall take action with respect to any request

described in subparagraph (A) within 90 days after the

Secretary receives the request.

(d) Liability of transferor's agents or transferee's agents

(1) Notice of false affidavit; foreign corporations

If -

(A) the transferor furnishes the transferee an affidavit

described in paragraph (2) of subsection (b) or a domestic

corporation furnishes the transferee an affidavit described in

paragraph (3) of subsection (b), and

(B) in the case of -

(i) any transferor's agent -

(I) such agent has actual knowledge that such affidavit

is false, or

(II) in the case of an affidavit described in subsection

(b)(2) furnished by a corporation, such corporation is a

foreign corporation, or

(ii) any transferee's agent, such agent has actual

knowledge that such affidavit is false,

such agent shall so notify the transferee at such time and in

such manner as the Secretary shall require by regulations.

(2) Failure to furnish notice

(A) In general

If any transferor's agent or transferee's agent is required

by paragraph (1) to furnish notice, but fails to furnish such

notice at such time or times and in such manner as may be

required by regulations, such agent shall have the same duty to

deduct and withhold that the transferee would have had if such

agent had complied with paragraph (1).

(B) Liability limited to amount of compensation

An agent's liability under subparagraph (A) shall be limited

to the amount of compensation the agent derives from the

transaction.

(3) Transferor's agent

For purposes of this subsection, the term "transferor's agent"

means any person who represents the transferor -

(A) in any negotiation with the transferee or any

transferee's agent related to the transaction, or

(B) in settling the transaction.

(4) Transferee's agent

For purposes of this subsection, the term "transferee's agent"

means any person who represents the transferee -

(A) in any negotiation with the transferor or any

transferor's agent related to the transaction, or

(B) in settling the transaction.

(5) Settlement officer not treated as transferor's agent

For purposes of this subsection, a person shall not be treated

as a transferor's agent or transferee's agent with respect to any

transaction merely because such person performs 1 or more of the

following acts:

(A) The receipt and the disbursement of any portion of the

consideration for the transaction.

(B) The recording of any document in connection with the

transaction.

(e) Special rules relating to distributions, etc., by corporations,

partnerships, trusts, or estates

(1) Certain domestic partnerships, trusts, and estates

In the case of any disposition of a United States real property

interest as defined in section 897(c) (other than a disposition

described in paragraph (4) or (5)) by a domestic partnership,

domestic trust, or domestic estate, such partnership, the trustee

of such trust, or the executor of such estate (as the case may

be) shall be required to deduct and withhold under subsection (a)

a tax equal to 35 percent (or, to the extent provided in

regulations, 20 percent) of the gain realized to the extent such

gain -

(A) is allocable to a foreign person who is a partner or

beneficiary of such partnership, trust, or estate, or

(B) is allocable to a portion of the trust treated as owned

by a foreign person under subpart E of part I of subchapter J.

(2) Certain distributions by foreign corporations

In the case of any distribution by a foreign corporation on

which gain is recognized under subsection (d) or (e) of section

897, the foreign corporation shall deduct and withhold under

subsection (a) a tax equal to 35 percent of the amount of gain

recognized on such distribution under such subsection.

(3) Distributions by certain domestic corporations to foreign

shareholders

If a domestic corporation which is or has been a United States

real property holding corporation (as defined in section

897(c)(2)) during the applicable period specified in section

897(c)(1)(A)(ii) distributes property to a foreign person in a

transaction to which section 302 or part II of subchapter C

applies, such corporation shall deduct and withhold under

subsection (a) a tax equal to 10 percent of the amount realized

by the foreign shareholder. The preceding sentence shall not

apply if, as of the date of the distribution, interests in such

corporation are not United States real property interests by

reason of section 897(c)(1)(B). Rules similar to the rules of the

preceding provisions of this paragraph shall apply in the case of

any distribution to which section 301 applies and which is not

made out of the earnings and profits of such a domestic

corporation.

(4) Taxable distributions by domestic or foreign partnerships,

trusts, or estates

A domestic or foreign partnership, the trustee of a domestic or

foreign trust, or the executor of a domestic or foreign estate

shall be required to deduct and withhold under subsection (a) a

tax equal to 10 percent of the fair market value (as of the time

of the taxable distribution) of any United States real property

interest distributed to a partner of the partnership or a

beneficiary of the trust or estate, as the case may be, who is a

foreign person in a transaction which would constitute a taxable

distribution under the regulations promulgated by the Secretary

pursuant to section 897.

(5) Rules relating to dispositions of interest in partnerships,

trusts, or estates

To the extent provided in regulations, the transferee of a

partnership interest or of a beneficial interest in a trust or

estate shall be required to deduct and withhold under subsection

(a) a tax equal to 10 percent of the amount realized on the

disposition.

(6) Regulations

The Secretary shall prescribe such regulations as may be

necessary to carry out the purposes of this subsection, including

regulations providing for exceptions from provisions of this

subsection and regulations for the application of this subsection

in the case of payments through 1 or more entities.

(f) Definitions

For purposes of this section -

(1) Transferor

The term "transferor" means the person disposing of the United

States real property interest.

(2) Transferee

The term "transferee" means the person acquiring the United

States real property interest.

(3) Foreign person

The term "foreign person" means any person other than a United

States person.

(4) Transferor's maximum tax liability

The term "transferor's maximum tax liability" means, with

respect to the disposition of any interest, the sum of -

(A) the maximum amount which the Secretary determines could

be imposed as tax under section 871(b)(1) or 882(a)(1) by

reason of the disposition, plus

(B) the amount the Secretary determines to be the

transferor's unsatisfied withholding liability with respect to

such interest.

(5) Transferor's unsatisfied withholding liability

The term "transferor's unsatisfied withholding liability" means

the withholding obligation imposed by this section on the

transferor's acquisition of the United States real property

interest or on the acquisition of a predecessor interest, to the

extent such obligation has not been satisfied.

-SOURCE-

(Added Pub. L. 98-369, div. A, title I, Sec. 129(a)(1), July 18,

1984, 98 Stat. 655; amended Pub. L. 99-514, title III, Sec.

311(b)(4), title XVIII, Sec. 1810(f)(2)-(4)(A), (5), (6), (8), Oct.

22, 1986, 100 Stat. 2219, 2827, 2828; Pub. L. 100-647, title I,

Sec. 1003(b)(3), Nov. 10, 1988, 102 Stat. 3384; Pub. L. 103-66,

title XIII, Sec. 13221(c)(3), Aug. 10, 1993, 107 Stat. 477; Pub. L.

104-188, title I, Sec. 1704(c)(1), Aug. 20, 1996, 110 Stat. 1878;

Pub. L. 105-34, title III, Sec. 311(c)(1), Aug. 5, 1997, 111 Stat.

835.)

-MISC1-

AMENDMENTS

1997 - Subsec. (e)(1). Pub. L. 105-34 substituted "20 percent"

for "28 percent" in introductory provisions.

1996 - Subsec. (e)(3). Pub. L. 104-188 inserted at end "Rules

similar to the rules of the preceding provisions of this paragraph

shall apply in the case of any distribution to which section 301

applies and which is not made out of the earnings and profits of

such a domestic corporation."

1993 - Subsec. (e)(1), (2). Pub. L. 103-66 substituted "35

percent" for "34 percent".

1988 - Subsec. (e)(1). Pub. L. 100-647 inserted "(or, to the

extent provided in regulations, 28 percent)" after "to 34 percent".

1986 - Subsec. (b)(3). Pub. L. 99-514, Sec. 1810(f)(2), amended

par. (3) generally, substituting "interests in corporation not

United States real property interests" for "it is not a United

States real property holding corporation" in heading, striking out

the comma before "if the domestic corporation" in introductory

provisions, inserting subpar. (A) designation and adding subpar.

(B).

Subsec. (d)(1)(A). Pub. L. 99-514, Sec. 1810(f)(3)(B),

substituted "paragraph (2)" for "paragraph (2)(A)".

Subsec. (d)(1)(B)(i). Pub. L. 99-514, Sec. 1810(f)(3)(A), amended

cl. (i) generally. Prior to amendment, cl. (i) read as follows:

"any transferor's agent, the transferor is a foreign corporation or

such agent has actual knowledge that such affidavit is false, or".

Subsec. (e)(1). Pub. L. 99-514, Sec. 311(b)(4), substituted "34

percent" for "28 percent".

Pub. L. 99-514, Sec. 1810(f)(4), amended par. (1) generally.

Prior to amendment, par. (1) read as follows: "A domestic

partnership, the trustee of a domestic trust, or the executor of a

domestic estate shall be required to deduct and withhold under

subsection (a) a tax equal to 10 percent of any amount of which

such partnership, trustee, or executor has custody which is -

"(A) attributable to the disposition of a United States real

property interest (as defined in section 897(c), other than a

disposition described in paragraph (4) or (5)), and

"(B) either -

"(i) includible in the distributive share of a partner of the

partnership who is a foreign person,

"(ii) includible in the income of a beneficiary of the trust

or estate who is a foreign person, or

"(iii) includible in the income of a foreign person under the

provisions of section 671."

Subsec. (e)(2). Pub. L. 99-514, Sec. 311(b)(4), substituted "34

percent" for "28 percent".

Subsec. (e)(3). Pub. L. 99-514, Sec. 1810(f)(5), inserted "The

preceding sentence shall not apply if, as of the date of the

distribution, interests in such corporation are not United States

real property interests by reason of section 897(c)(1)(B)."

Subsec. (e)(4). Pub. L. 99-514, Sec. 1810(f)(6), substituted

"section 897" for "section 897(g)".

Subsec. (e)(6). Pub. L. 99-514, Sec. 1810(f)(8), inserted "and

regulations for the application of this subsection in the case of

payments through 1 or more entities".

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-34 applicable only to amounts paid after

Aug. 5, 1997, see section 311(d)(2) of Pub. L. 105-34, set out as a

note under section 1 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1704(c)(2) of Pub. L. 104-188 provided that: "The

amendment made by paragraph (1) [amending this section] shall apply

to distributions after the date of the enactment of this Act [Aug.

20, 1996]."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 1003(b)(3) of Pub. L. 100-647 provided that the amendment

made by that section is effective for taxable years beginning after

Dec. 31, 1987.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by section 311(b)(4) of Pub. L. 99-514 applicable to

payments made after Dec. 31, 1986, see section 311(c) of Pub. L.

99-514, as amended, set out as a note under section 1201 of this

title.

Amendment by section 1810(f)(2), (3), (5), (6), (8) of Pub. L.

99-514 effective, except as otherwise provided, as if included in

the provisions of the Tax Reform Act of 1984, Pub. L. 98-369, div.

A, to which such amendment relates, see section 1881 of Pub. L.

99-514, set out as a note under section 48 of this title.

Section 1810(f)(4)(B) of Pub. L. 99-514 provided that: "The

amendment made by subparagraph (A) [amending this section] shall

apply to dispositions after the day 30 days after the date of the

enactment of this Act [Oct. 22, 1986]."

EFFECTIVE DATE

Section 129(c)(1) of Pub. L. 98-369 provided that: "The amendment

made by subsection (a) [enacting this section] shall apply to any

disposition on or after January 1, 1985."

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or

title XVIII [Secs. 1800-1899A] of Pub. L. 99-514 require an

amendment to any plan, such plan amendment shall not be required to

be made before the first plan year beginning on or after Jan. 1,

1989, see section 1140 of Pub. L. 99-514, as amended, set out as a

note under section 401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 897, 6039C of this title;

title 48 section 1421i.

-End-

-CITE-

26 USC Sec. 1446 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle A - Income Taxes

CHAPTER 3 - WITHHOLDING OF TAX ON NONRESIDENT ALIENS AND FOREIGN

CORPORATIONS

Subchapter A - Nonresident Aliens and Foreign Corporations

-HEAD-

Sec. 1446. Withholding (!1) tax on foreign partners' share of

effectively connected income

-STATUTE-

-STATUTE-

(a) General rule

If -

(1) a partnership has effectively connected taxable income for

any taxable year, and

(2) any portion of such income is allocable under section 704

to a foreign partner,

such partnership shall pay a withholding tax under this section at

such time and in such manner as the Secretary shall by regulations

prescribe.

(b) Amount of withholding tax

(1) In general

The amount of the withholding tax payable by any partnership

under subsection (a) shall be equal to the applicable percentage

of the effectively connected taxable income of the partnership

which is allocable under section 704 to foreign partners.

(2) Applicable percentage

For purposes of paragraph (1), the term "applicable percentage"

means -

(A) the highest rate of tax specified in section 1 in the

case of the portion of the effectively connected taxable income

which is allocable under section 704 to foreign partners who

are not corporations, and

(B) the highest rate of tax specified in section 11(b)(1) in

the case of the portion of the effectively connected taxable

income which is allocable under section 704 to foreign partners

which are corporations.

(c) Effectively connected taxable income

For purposes of this section, the term "effectively connected

taxable income" means the taxable income of the partnership which

is effectively connected (or treated as effectively connected) with

the conduct of a trade or business in the United States computed

with the following adjustments:

(1) Paragraph (1) of section 703(a) shall not apply.

(2) The partnership shall be allowed a deduction for depletion

with respect to oil and gas wells but the amount of such

deduction shall be determined without regard to sections 613 and

613A.

(3) There shall not be taken into account any item of income,

gain, loss, or deduction to the extent allocable under section

704 to any partner who is not a foreign partner.

(d) Treatment of foreign partners

(1) Allowance of credit

Each foreign partner of a partnership shall be allowed a credit

under section 33 for such partner's share of the withholding tax

paid by the partnership under this section. Such credit shall be

allowed for the partner's taxable year in which (or with which)

the partnership taxable year (for which such tax was paid) ends.

(2) Credit treated as distributed to partner

Except as provided in regulations, a foreign partner's share of

any withholding tax paid by the partnership under this section

shall be treated as distributed to such partner by such

partnership on the earlier of -

(A) the day on which such tax was paid by the partnership, or

(B) the last day of the partnership's taxable year for which

such tax was paid.

(e) Foreign partner

For purposes of this section, the term "foreign partner" means

any partner who is not a United States person.

(f) Regulations

The Secretary shall prescribe such regulations as may be

necessary to carry out the purposes of this section, including -

(1) regulations providing for the application of this section

in the case of publicly traded partnerships, and

(2) regulations providing -

(A) that, for purposes of section 6655, the withholding tax

imposed under this section shall be treated as a tax imposed by

section 11 and any partnership required to pay such tax shall

be treated as a corporation, and

(B) appropriate adjustments in applying section 6655 with

respect to such withholding tax.

-SOURCE-

(Added Pub. L. 99-514, title XII, Sec. 1246(a), Oct. 22, 1986, 100

Stat. 2582; amended Pub. L. 100-647, title I, Sec. 1012(s)(1)(A),

Nov. 10, 1988, 102 Stat. 3526; Pub. L. 101-239, title VII, Sec.

7811(i)(6), Dec. 19, 1989, 103 Stat. 2410.)

-MISC1-

AMENDMENTS

1989 - Subsec. (b)(2)(B). Pub. L. 101-239, Sec. 7811(i)(6)(A),

substituted "section 11(b)(1)" for "section 11(b)".

Subsec. (d)(2). Pub. L. 101-239, Sec. 7811(i)(6)(B), amended par.

(2) generally. Prior to amendment, par. (2) read as follows: "A

foreign partner's share of any withholding tax paid by the

partnership under this section shall be treated as distributed to

such partner by such partnership on the last day of the

partnership's taxable year (for which such tax was paid)."

Subsec. (f). Pub. L. 101-239, Sec. 7811(i)(6)(C), amended subsec.

(f) generally. Prior to amendment, subsec. (f) read as follows:

"The Secretary shall prescribe such regulations as may be necessary

to carry out the purposes of this section, including regulations

providing for the application of this section in the case of

publicly traded partnerships."

1988 - Pub. L. 100-647 amended section generally, substituting

provisions relating to withholding tax on foreign partners' share

of effectively connected income for provisions which related to

withholding tax on amounts paid by partnerships to foreign

partners.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-239 effective, except as otherwise

provided, as if included in the provision of the Technical and

Miscellaneous Revenue Act of 1988, Pub. L. 100-647, to which such

amendment relates, see section 7817 of Pub. L. 101-239, set out as

a note under section 1 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 1012(s)(1)(D) of Pub. L. 100-647 provided that: "The

amendments made by this paragraph [amending sections 1446 and 6401

of this title] shall apply to taxable years beginning after

December 31, 1987. No amount shall be required to be deducted and

withheld under section 1446 of the 1986 Code (as in effect before

the amendment made by subparagraph (A))."

EFFECTIVE DATE

Section 1246(d) of Pub. L. 99-514 provided that: "The amendment

made by this section [enacting this section and amending section

6401 of this title] shall apply to distributions after December 31,

1987 (or, if earlier, the effective date (which shall not be

earlier than January 1, 1987) of the initial regulations issued

under section 1446 of the Internal Revenue Code of 1986 as added by

this section)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6401 of this title; title

48 section 1421i.

-FOOTNOTE-

(!1) So in original. Probably should be followed by "of".

-End-

-CITE-

26 USC Subchapter B - Application of Withholding

Provisions 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle A - Income Taxes

CHAPTER 3 - WITHHOLDING OF TAX ON NONRESIDENT ALIENS AND FOREIGN

CORPORATIONS

Subchapter B - Application of Withholding Provisions

-HEAD-

SUBCHAPTER B - APPLICATION OF WITHHOLDING PROVISIONS

-MISC1-

Sec.

1461. Liability for withheld tax.

1462. Withheld tax as credit to recipient of income.

1463. Tax paid by recipient of income.

1464. Refunds and credits with respect to withheld tax.

[1465. Repealed.]

PRIOR PROVISIONS

A prior subchapter B, consisting of section 1451, acts Aug. 16,

1954, ch. 736, 68A Stat. 359; Oct. 4, 1976, Pub. L. 94-455, title

XIX, Sec. 1906(b)(13)(A), 90 Stat. 1834, related to tax-free

covenant bonds, prior to repeal by Pub. L. 98-369, div. A, title

IV, Sec. 474(r)(29)(A), July 18, 1984, 98 Stat. 844, which repeal

was not applicable with respect to obligations issued before Jan.

1, 1984, pursuant to section 475(b) of Pub. L. 98-369, set out as

an Effective Date of 1984 Amendment note under section 33 of this

title.

AMENDMENTS

1986 - Pub. L. 99-514, title XVIII, Sec. 1899A(73), Oct. 22,

1986, 100 Stat. 2963, substituted "Liability for withheld tax" for

"Return and payment of withheld tax" in item 1461.

1984 - Pub. L. 98-369, div. A, title IV, Sec. 474(r)(29)(A), July

18, 1984, 98 Stat. 844, redesignated subchapter C as B, and struck

out former subchapter B which related to tax-free covenant bonds.

1976 - Pub. L. 94-455, title XIX, Sec. 1901(b)(41), Oct. 4, 1976,

90 Stat. 1803, struck out item 1465 "Definition of withholding

agent".

-End-

-CITE-

26 USC [Sec. 1451 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle A - Income Taxes

CHAPTER 3 - WITHHOLDING OF TAX ON NONRESIDENT ALIENS AND FOREIGN

CORPORATIONS

Subchapter B - Application of Withholding Provisions

-HEAD-

[Sec. 1451. Repealed. Pub. L. 98-369, div. A, title IV, Sec.

474(r)(29)(A), July 18, 1984, 98 Stat. 844]

-MISC1-

Section, acts Aug. 16, 1954, ch. 736, 68A Stat. 359; Oct. 4,

1976, Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(A), 90 Stat.

1834, related to tax-free covenant bonds. The repeal was not

applicable with respect to obligations issued before Jan. 1, 1984,

pursuant to section 475(b) of Pub. L. 98-369, set out as an

Effective Date of 1984 Amendment note under section 33 of this

title.

-End-

-CITE-

26 USC Sec. 1461 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle A - Income Taxes

CHAPTER 3 - WITHHOLDING OF TAX ON NONRESIDENT ALIENS AND FOREIGN

CORPORATIONS

Subchapter B - Application of Withholding Provisions

-HEAD-

Sec. 1461. Liability for withheld tax

-STATUTE-

Every person required to deduct and withhold any tax under this

chapter is hereby made liable for such tax and is hereby

indemnified against the claims and demands of any person for the

amount of any payments made in accordance with the provisions of

this chapter.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 360; Pub. L. 89-809, title I,

Sec. 103(i), Nov. 13, 1966, 80 Stat. 1554.)

-MISC1-

AMENDMENTS

1966 - Pub. L. 89-809 struck out requirement that persons

required to deduct and withhold any tax under this chapter make

return thereof on or before March 15 of each year and pay the tax

to the officer designated in section 6151, and substituted

"Liability for withheld tax" for "Return and payment of withheld

tax" in section catchline.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-809 applicable with respect to payments

occurring after Dec. 31, 1966, see section 103(n)(3) of Pub. L.

89-809, set out as a note under section 871 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7701 of this title.

-End-

-CITE-

26 USC Sec. 1462 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle A - Income Taxes

CHAPTER 3 - WITHHOLDING OF TAX ON NONRESIDENT ALIENS AND FOREIGN

CORPORATIONS

Subchapter B - Application of Withholding Provisions

-HEAD-

Sec. 1462. Withheld tax as credit to recipient of income

-STATUTE-

Income on which any tax is required to be withheld at the source

under this chapter shall be included in the return of the recipient

of such income, but any amount of tax so withheld shall be credited

against the amount of income tax as computed in such return.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 360.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6513 of this title.

-End-

-CITE-

26 USC Sec. 1463 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle A - Income Taxes

CHAPTER 3 - WITHHOLDING OF TAX ON NONRESIDENT ALIENS AND FOREIGN

CORPORATIONS

Subchapter B - Application of Withholding Provisions

-HEAD-

Sec. 1463. Tax paid by recipient of income

-STATUTE-

If -

(1) any person, in violation of the provisions of this chapter,

fails to deduct and withhold any tax under this chapter, and

(2) thereafter the tax against which such tax may be credited

is paid,

the tax so required to be deducted and withheld shall not be

collected from such person; but this section shall in no case

relieve such person from liability for interest or any penalties or

additions to the tax otherwise applicable in respect of such

failure to deduct and withhold.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 360; Pub. L. 101-239, title VII,

Sec. 7743(a), Dec. 19, 1989, 103 Stat. 2406; Pub. L. 104-188, title

I, Sec. 1704(t)(9), Aug. 20, 1996, 110 Stat. 1887.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-188 substituted "this section" for "this

subsection".

1989 - Pub. L. 101-239 amended section generally. Prior to

amendment, section read as follows: "If any tax required under this

chapter to be deducted and withheld is paid by the recipient of the

income, it shall not be re-collected from the withholding agent;

nor in cases in which the tax is so paid shall any penalty be

imposed on or collected from the recipient of the income or the

withholding agent for failure to return or pay the same, unless

such failure was fraudulent and for the purpose of evading

payment."

EFFECTIVE DATE OF 1989 AMENDMENT

Section 7743(b) of Pub. L. 101-239 provided that: "The amendment

made by subsection (a) [amending this section] shall apply to

failures after December 31, 1989."

-End-

-CITE-

26 USC Sec. 1464 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle A - Income Taxes

CHAPTER 3 - WITHHOLDING OF TAX ON NONRESIDENT ALIENS AND FOREIGN

CORPORATIONS

Subchapter B - Application of Withholding Provisions

-HEAD-

Sec. 1464. Refunds and credits with respect to withheld tax

-STATUTE-

Where there has been an overpayment of tax under this chapter,

any refund or credit made under chapter 65 shall be made to the

withholding agent unless the amount of such tax was actually

withheld by the withholding agent.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 360.)

-End-

-CITE-

26 USC [Sec. 1465 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle A - Income Taxes

CHAPTER 3 - WITHHOLDING OF TAX ON NONRESIDENT ALIENS AND FOREIGN

CORPORATIONS

Subchapter B - Application of Withholding Provisions

-HEAD-

[Sec. 1465. Repealed. Pub. L. 94-455, title XIX, Sec. 1901(a)(156),

Oct. 4, 1976, 90 Stat. 1789]

-MISC1-

Section, act Aug. 16, 1954, ch. 736, 68A Stat. 360, defined

withholding agent.

EFFECTIVE DATE OF REPEAL

Repeal applicable with respect to taxable years beginning after

Dec. 31, 1976, see section 1901(d) of Pub. L. 94-455, set out as an

Effective Date of 1976 Amendment note under section 2 of this

title.

-End-

-CITE-

26 USC [CHAPTER 4 - REPEALED] 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle A - Income Taxes

[CHAPTER 4 - REPEALED]

-HEAD-

[CHAPTER 4 - REPEALED]

-End-

-CITE-

26 USC [Sec. 1471 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle A - Income Taxes

[CHAPTER 4 - REPEALED]

-HEAD-

[Sec. 1471. Repealed. Pub. L. 94-455, title XIX, Sec.

1901(b)(13)(A), Oct. 4, 1976, 90 Stat. 1840]

-MISC1-

Section, act Aug. 16, 1954, ch. 736, 68A Stat. 361, related to

recovery of excessive profits on government contracts.

SAVINGS PROVISION

Section 1951(b)(13)(B) of Pub. L. 94-455 provided that: "If the

amount of profit required to be paid into the Treasury under

section 2382 or 7300 of title 10, United States Code is not

voluntarily paid, the Secretary of the Treasury or his delegate

shall collect the same under the methods employed to collect taxes

under subtitle A [this subtitle]. All provisions of law (including

penalties) applicable with respect to such taxes and not

inconsistent with section 2382 or 7300 of title 10 of such Code,

shall apply with respect to the assessment, collection, or payment

of excess profits to the Treasury as provided in the preceding

sentence, and to refunds by the Treasury of overpayments of excess

profits into the Treasury."

-End-

-CITE-

26 USC [Secs. 1481, 1482 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle A - Income Taxes

[CHAPTER 4 - REPEALED]

-HEAD-

[Secs. 1481, 1482. Repealed. Pub. L. 101-508, title XI, Sec.

11801(a)(37), Nov. 5, 1990, 104 Stat. 1388-521]

-MISC1-

Section 1481, acts Aug. 16, 1954, ch. 736, 68A Stat. 362; June

21, 1965, Pub. L. 89-44, title VIII, Sec. 809(d)(5)(B), 79 Stat.

168; Oct. 4, 1976, Pub. L. 94-455, title XIX, Secs. 1901(a)(157),

1906(b)(13)(A), 1951(b)(14)(A), 90 Stat. 1789, 1834, 1840, related

to mitigation of effect of renegotiation of government contracts.

Section 1482, added Pub. L. 85-866, title I, Sec. 62(a), Sept. 2,

1958, 72 Stat. 1648, related to readjustment for repayments made

pursuant to price redeterminations.

SAVINGS PROVISION

For provisions that nothing in repeal by Pub. L. 101-508 be

construed to affect treatment of certain transactions occurring,

property acquired, or items of income, loss, deduction, or credit

taken into account prior to Nov. 5, 1990, for purposes of

determining liability for tax for periods ending after Nov. 5,

1990, see section 11821(b) of Pub. L. 101-508, set out as a note

under section 29 of this title.

-End-

-CITE-

26 USC [CHAPTER 5 - REPEALED] 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle A - Income Taxes

[CHAPTER 5 - REPEALED]

-HEAD-

[CHAPTER 5 - REPEALED]

-End-

-CITE-

26 USC [Secs. 1491, 1492 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle A - Income Taxes

[CHAPTER 5 - REPEALED]

-HEAD-

[Secs. 1491, 1492. Repealed. Pub. L. 105-34, title XI, Sec.

1131(a), Aug. 5, 1997, 111 Stat. 978]

-MISC1-

Section 1491, acts Aug. 16, 1954, ch. 736, 68A Stat. 365; Oct. 4,

1976, Pub. L. 94-455, title X, Sec. 1015(a), 90 Stat. 1617; Nov. 6,

1978, Pub. L. 95-600, title VII, Sec. 701(u)(14)(A), 92 Stat. 2919;

Aug. 20, 1996, Pub. L. 104-188, title I, Sec. 1907(b)(1), 110 Stat.

1916, imposed tax on transfers to avoid income tax.

Section 1492, acts Aug. 16, 1954, ch. 736, 68A Stat. 365; Jan.

12, 1971, Pub. L. 91-681, Sec. 1(b), 84 Stat. 2066; Oct. 4, 1976,

Pub. L. 94-455, title X, Sec. 1015(b), title XIX, Sec.

1906(b)(13)(A), 90 Stat. 1618, 1834; Nov. 6, 1978, Pub. L. 95-600,

title VII, Sec. 701(u)(14)(B), 92 Stat. 2919; July 18, 1984, Pub.

L. 98-369, div. A, title I, Sec. 131(f)(1), 98 Stat. 665, related

to nontaxable transfers.

-End-

-CITE-

26 USC [Sec. 1493 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle A - Income Taxes

[CHAPTER 5 - REPEALED]

-HEAD-

[Sec. 1493. Repealed. Pub. L. 89-809, title I, Sec. 103(g742l)(2),

Nov. 13, 1966, 80 Stat. 1554]

-MISC1-

Section, act Aug. 16, 1954, ch. 736, 68A Stat. 365, defined

foreign trust.

EFFECTIVE DATE OF REPEAL

Repeal applicable with respect to taxable years beginning after

Dec. 31, 1966, see section 103(n)(1) of Pub. L. 89-809, set out as

an Effective Date of 1966 Amendment note under section 871 of this

title.

-End-

-CITE-

26 USC [Sec. 1494 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle A - Income Taxes

[CHAPTER 5 - REPEALED]

-HEAD-

[Sec. 1494. Repealed. Pub. L. 105-34, title XI, Sec. 1131(a), Aug.

5, 1997, 111 Stat. 978]

-MISC1-

Section, acts Aug. 16, 1954, ch. 736, 68A Stat. 365; Oct. 4,

1976, Pub. L. 94-455, title XIX, Sec. 1906 (b)(13)(A), 90 Stat.

1834; July 18, 1984, Pub. L. 98-369, div. A, title I, Sec.

131(f)(2), 98 Stat. 665; Aug. 20, 1996, Pub. L. 104-188, title I,

Sec. 1902(a), 110 Stat. 1909, provided for payment and collection

of the tax imposed under section 1491 of this title.

-End-