74 FR 62 pgs. 14931-14932 - Special Rules To Reduce Section 1446 Withholding; Correction
Type: RULEVolume: 74Number: 62Pages: 14931 - 14932
Docket number: [TD 9394]
FR document: [FR Doc. E9-7392 Filed 4-1-09; 8:45 am]
Agency: Treasury Department
Sub Agency: Internal Revenue Service
Official PDF Version: PDF Version
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9394]
RIN 1545-BD80
Special Rules To Reduce Section 1446 Withholding; Correction
AGENCY:
Internal Revenue Service (IRS), Treasury.
ACTION:
Correcting amendments.
SUMMARY:
This document contains corrections to final regulations (TD 9394) that werepublished in the Federal Register on Tuesday, April 29, 2008 (73 FR 23069) regarding whena partnership may consider certain deductions and losses of a foreign partner to reduce or eliminatethe partnership's obligation to pay withholding tax under section 1446 on effectively connectedtaxable income allocable under section 704 to such partner. The regulations will affect partnershipsengaged in a trade or business in the United States that have one or more foreign partners.
DATES:
This correction is effective on April 2, 2009, and is applicable on April 29, 2008.
FOR FURTHER INFORMATION CONTACT:
Ronald M. Gootzeit at (202) 622-3860 (not atoll-free number).
SUPPLEMENTARY INFORMATION:
Background
The final regulations that are the subject of this document are under sections 1446, 1464,6071, 6091, 6151, 6302, and 6414 of the Internal Revenue Code.
Need for Correction
As published, final regulations (TD 9394) contains errors that may prove to be misleadingand are in need of clarification.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and recordkeeping requirements.
Correction of Publication
Accordingly, 26 CFR part 1 is corrected by making the following correcting amendments:
PART 1-INCOME TAXES
Paragraph 1. The authority citation for part 1 continues to read in part as follows:
Authority:
26 U.S.C. 7805 * * *
Par. 2. Section 1.1446-6 is amended as follows:
1. Paragraph (c)(2)(i) is revised.
2. The last sentence of paragraph (d)(3)(ii) is revised and a new sentence is addedat the end of the paragraph.
3. Paragraphs (e)(1)(vi) second occurrence, (e)(1)(vii), and (e)(1)(viii) are redesignatedas paragraphs (e)(1)(vii), (e)(1)(viii), and (e)(1)(ix), respectively.
4. The first sentence of paragraph (e)(2) Example 2 .(i) is revised.
5. The third and fourth sentences of paragraph (e)(2) Example 2 .(ii) are revised.
6. The fourth sentence of paragraph (e)(2) Example 4 . is revised.
7. Paragraph (e)(2) Example 6 .(ii) is revised.
The revisions and addition read as follows:
§ 1.1446-6 Special rules to reduce a partnership's 1446 tax with respect to a foreign partner's allocable share of effectively connected taxable income.
(c) * * *
(2) * * *
(i) Form of certification . A partner's certification to a partnership under paragraph(c)(1)(i) or (iii) of this section shall be made using Form 8804-C, "Certificate Of Partner-Level Itemsto Reduce Section 1446 Withholding" in accordance with the instructions of the form and the rulesof this section.
(d) * * *
(3) * * *
(ii) * * * To permit the partnership to reasonably rely on such certificate, the partnershipshall be considered to have satisfied the requirements of paragraph (d)(3)(i) of this section if thepartnership demonstrates that such failure was due to reasonable cause and not willful neglect andif once the partnership becomes aware of the failure, the partnership attaches the certificate andcomputation, as well as a written statement setting forth the reasons for the failure to comply withthe requirements of paragraph (d)(3)(i) of this section, to an amended Form 8813 or amendedForms 8804 and 8805 for the relevant period. All such submissions should be sent to the addressprovided in the instructions to Form 8804-C.
(e) * * *
(2) * * *
Example 2 .
* * *
(i) Assume the same facts as in Example 1. * * *
(ii) * * * As described in Example 1, NRA's year 4 U.S. income tax return is a qualifyingU.S. income tax return because it will report income or gain effectively connected with a U.S. tradeor business and is described under paragraph (b)(2)(iii)(C) of this section. Although NRA's year 5 U.S. income tax return reports income or gain effectively connected with a U.S. trade or businessor deductions or losses properly allocated and apportioned to such activities it is not a qualifyingU.S. income tax return under paragraph (b)(2)(iii) of this section. * * *
Example 4 .
* * * NRA timely-filed (within the meaning of paragraph (b)(2) of this section)U.S. income tax returns for years 1 through 6 reporting its allocable share of ECTI (or loss) from XYZ(and timely paid all tax shown on such returns). * * *
Example 6 .
* * *
(ii) If PRS had considered only $900 (or a lesser amount) of NRA's certified net operatingloss when computing and paying its 1446 tax during year 4 then, under paragraph (d)(2)(iii) of this section, PRS would not be liable for 1446 tax because it did not consider a net operating loss greater than the amount actually available to NRA.
Par. 3. Section 1.1464-1 is amended by revising paragraph (c) to read as follows:
§ 1.1464-1 Refunds or credits.
(c) Effective/Applicability date . The last sentence in paragraph (a) of this section shall applyto partnership taxable years beginning after April 29, 2008.
Par. 4. Section 1.6151-1 is amended by revising paragraph (e) to read as follows:
§ 1.6151-1 Time and place for paying tax shown on returns.
(e) Effective/Applicability date . Paragraph (d)(2) of this section shall apply to publiclytraded partnerships described in § 1.1446-4 for partnership taxable years beginning after April 29,2008.
LaNita Van Dyke,
Chief, Publications and Regulations Branch,Legal Processing Division,Associate Chief Counsel,(Procedure and Administration).
[FR Doc. E9-7392 Filed 4-1-09; 8:45 am]
BILLING CODE 4830-01-P