CFR 26-1.1441-1T-2014 Internal Revenue. Part1:Income taxes(continued). Section1.1441-1T:Requirement for the deduction and withholding of tax on payments to foreign persons (temporary).
(a) Purpose and scope. This section, §§ 1.1441–2 through 1.1441–9, and 1.1443–1 provide rules for withholding under sections 1441, 1442, and 1443 when a pay-ment is made to a foreign person. This section provides definitions of terms used in chapter 3 of the Internal Rev-enue Code (Code) and regulations thereunder. It prescribes procedures to determine whether an amount must be withheld under chapter 3 of the Code and documentation that a withholding agent may rely upon to determine the status of a payee or a beneficial owner as a U.S. person or as a foreign person and other relevant characteristics of the payee that may affect a with-holding agent’s obligation to withhold under chapter 3 of the Code and the regulations thereunder. Special proce-dures regarding payments to foreign persons that act as intermediaries are also provided. Section 1.1441–2 defines the income subject to withholding under section 1441, 1442, and 1443 and the regulations under these sections. Section 1.1441–3 provides rules regard-ing the amount subject to withholding and rules for coordinating withholding under this section with withholding under section 1445 and under chapter 4 of the Code. Section 1.1441–4 provides exemptions from withholding for, among other things, certain income ef-fectively connected with the conduct of a trade or business in the United States, including certain compensation for the personal services of an indi-vidual. Section 1.1441–5 provides rules for withholding on payments made to flow-through entities and other similar arrangements. Section 1.1441–6 provides rules for claiming a reduced rate of withholding under an income tax trea-ty. Section 1.1441–7 defines the term withholding agent and provides due diligence rules governing a withholding agent’s obligation to withhold. Section 1.1441–8 provides rules for relying on claims of exemption from withholding for payments to a foreign government, an international organization, a for-eign central bank of issue, or the Bank for International Settlements. Sec-tions 1.1441–9 and 1.1443–1 provide rules for relying on claims of exemption from withholding for payments to for-eign tax exempt organizations and for-eign private foundations.
CFR 26-1.1441-1T-2014 history
2014CFR 26-1.1441-1T-2014 Internal Revenue. Part1:Income taxes(continued). Section1.1441-1T:Requirement for the deduction and withholding of tax on payments to foreign persons (temporary).