§1473. Definitions — Inbound Citations
26 U.S.C. § 1473
Cited by 49 provisions in release 119-102.
Citations to 26 U.S.C. § 1473 as a whole
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(C) any interest in a foreign entity (as defined in section 1473).
Citations to §1473(1)(A)
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(a) In the case of any withholdable payment to a foreign financial institution which does not meet the requirements of subsection (b), the withholding agent with respect to such payment shall deduct and withhold from such payment a tax equal to 30 percent of the amount of such payment.
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(B) the withholding tax imposed under subsection (a) shall apply with respect to any withholdable payment to such institution to the extent such payment is allocable to accounts held by recalcitrant account holders or foreign financial institutions which do not meet the requirements of this subsection, and
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(7) The term “passthru payment” means any withholdable payment or other payment to the extent attributable to a withholdable payment.
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(a) In the case of any withholdable payment to a non-financial foreign entity, if—(1) the beneficial owner of such payment is such entity or any other non-financial foreign entity, and(2) the requirements of subsection (b) are not met with respect to such beneficial owner,then the withholding agent with respect to such payment shall deduct and withhold from such payment a tax equal to 30 percent of the amount of such payment.
Citations to §1473(2)(A)
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(A) The name, address, and TIN of each account holder which is a specified United States person and, in the case of any account holder which is a United States owned foreign entity, the name, address, and TIN of each substantial United States owner of such entity.
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(3) The term “United States owned foreign entity” means any foreign entity which has one or more substantial United States owners.
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(A) a certification that such beneficial owner does not have any substantial United States owners, or
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(B) the name, address, and TIN of each substantial United States owner of such beneficial owner,
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(3) No credit or refund shall be allowed or paid with respect to any tax properly deducted and withheld under this chapter unless the beneficial owner of the payment provides the Secretary such information as the Secretary may require to determine whether such beneficial owner is a United States owned foreign entity (as defined in section 1471(d)(3)) and the identity of any substantial United States owners of such entity.
Citations to §1473(3)
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(A) The name, address, and TIN of each account holder which is a specified United States person and, in the case of any account holder which is a United States owned foreign entity, the name, address, and TIN of each substantial United States owner of such entity.
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(ii) each holder of such account which is a specified United States person or United States owned foreign entity were a natural person and citizen of the United States.
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(A) The term “United States account” means any financial account which is held by one or more specified United States persons or United States owned foreign entities.
Citations to §1473(4)
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(b) The benefit of the deduction for exemptions under section 151 may, in the discretion of the Secretary, and under regulations prescribed by the Secretary, be received by a non-resident alien individual entitled thereto, by filing a claim therefor with the withholding agent.
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(2) 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.
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(5) In the case of gains described in section 631(b) or (c), and gains subject to tax under section 871(a)(1)(D), 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.
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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.
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(a) In the case of any withholdable payment to a foreign financial institution which does not meet the requirements of subsection (b), the withholding agent with respect to such payment shall deduct and withhold from such payment a tax equal to 30 percent of the amount of such payment.
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(i) require such institution to notify the withholding agent with respect to each such payment of the institution’s election under this paragraph and such other information as may be necessary for the withholding agent to determine the appropriate amount to deduct and withhold from such payment, and
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(a) In the case of any withholdable payment to a non-financial foreign entity, if—(1) the beneficial owner of such payment is such entity or any other non-financial foreign entity, and(2) the requirements of subsection (b) are not met with respect to such beneficial owner,then the withholding agent with respect to such payment shall deduct and withhold from such payment a tax equal to 30 percent of the amount of such payment.
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(1) such beneficial owner or the payee provides the withholding agent with either—(A) a certification that such beneficial owner does not have any substantial United States owners, or(B) the name, address, and TIN of each substantial United States owner of such beneficial owner,
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(2) the withholding agent does not know, or have reason to know, that any information provided under paragraph (1) is incorrect, and
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(3) the withholding agent reports the information provided under paragraph (1)(B) to the Secretary in such manner as the Secretary may provide.
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(e) Any tax deducted and withheld pursuant to an agreement described in section 1471(b) shall be treated for purposes of this title as a tax deducted and withheld by a withholding agent under section 1471(a).
Citations to §1473(5)
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(A) any vehicle placed in service after December 31, 2024, with respect to which any of the applicable critical minerals contained in the battery of such vehicle (as described in subsection (e)(1)(A)) were extracted, processed, or recycled by a foreign entity of concern (as defined in section 40207(a)(5) of the Infrastructure Investment and Jobs Act (42 U.S.C. 18741(a)(5))), or
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(B) any vehicle placed in service after December 31, 2023, with respect to which any of the components contained in the battery of such vehicle (as described in subsection (e)(2)(A)) were manufactured or assembled by a foreign entity of concern (as so defined).
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(A) a specified foreign entity (as defined in section 7701(a)(51)(B)), or
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(A) No credit shall be determined under subsection (a) for any taxable year beginning after the date of enactment of this paragraph if the taxpayer is a specified foreign entity (as defined in section 7701(a)(51)(B)).
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(C) In the case of taxable years beginning after the date of enactment of this subparagraph, the term “eligible component” shall not include any property which includes any material assistance from a prohibited foreign entity (as defined in section 7701(a)(52), as applied by substituting “used in a product sold before January 1, 2027” for “used in a product sold before January 1, 2030” in subparagraph (D)(iv)(II)(bb) thereof).
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(i) a specified foreign entity (as defined in section 7701(a)(51)(B)), or
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(i) a specified foreign entity (as defined in section 7701(a)(51)(B)), or
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(A) No credit shall be determined under subsection (a) for any taxable year beginning after the date of enactment of this paragraph if the taxpayer is a specified foreign entity (as defined in section 7701(a)(51)(B)).
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(1) is not a foreign entity of concern (as defined in section 9901(6)1 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021), and
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(6) The terms “qualified facility” and “qualified interconnection property” shall not include any facility or property the construction, reconstruction, or erection of which begins after December 31, 2025, if the construction, reconstruction, or erection of such facility or property includes any material assistance from a prohibited foreign entity (as defined in section 7701(a)(52)).
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(3) The term “energy storage technology” shall not include any property the construction of which begins after December 31, 2025, if the construction of such property includes any material assistance from a prohibited foreign entity (as defined in section 7701(a)(52)).
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(i) a specified foreign entity (as defined in section 7701(a)(51)(B)), or
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(B) made to a person other than a specified foreign entity (as defined in section 7701(a)(51)), and
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(6) rules for determining the tax residence of a foreign entity if the entity is otherwise considered a resident of more than one country or of no country,
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(b) The earnings derived from the ownership or operation of a communications satellite system by a foreign entity designated by a foreign government to participate in such ownership or operation shall be exempt from taxation under this subtitle, if the United States, through its designated entity, participates in such system pursuant to the Communications Satellite Act of 1962 (47 U.S.C. 701 and following).
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(A) The name, address, and TIN of each account holder which is a specified United States person and, in the case of any account holder which is a United States owned foreign entity, the name, address, and TIN of each substantial United States owner of such entity.
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(ii) each holder of such account which is a specified United States person or United States owned foreign entity were a natural person and citizen of the United States.
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(A) The term “United States account” means any financial account which is held by one or more specified United States persons or United States owned foreign entities.
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(3) The term “United States owned foreign entity” means any foreign entity which has one or more substantial United States owners.
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(4) The term “foreign financial institution” means any financial institution which is a foreign entity. Except as otherwise provided by the Secretary, such term shall not include a financial institution which is organized under the laws of any possession of the United States.
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(a) In the case of any withholdable payment to a non-financial foreign entity, if—(1) the beneficial owner of such payment is such entity or any other non-financial foreign entity, and(2) the requirements of subsection (b) are not met with respect to such beneficial owner,then the withholding agent with respect to such payment shall deduct and withhold from such payment a tax equal to 30 percent of the amount of such payment.
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(1) the beneficial owner of such payment is such entity or any other non-financial foreign entity, and
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(d) For purposes of this section, the term “non-financial foreign entity” means any foreign entity which is not a financial institution (as defined in section 1471(d)(5)).
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(3) No credit or refund shall be allowed or paid with respect to any tax properly deducted and withheld under this chapter unless the beneficial owner of the payment provides the Secretary such information as the Secretary may require to determine whether such beneficial owner is a United States owned foreign entity (as defined in section 1471(d)(3)) and the identity of any substantial United States owners of such entity.