Treasury Regulations (26 C.F.R.)
26 CFR § 1.1445-7
Treatment of foreign corporation that has made an election under section 897(i) to be treated as a domestic corporation.
# (a) In general.
Pursuant to section 897(i) a foreign corporation may elect to be treated as a domestic corporation for purposes of sections 897 and 6039C. A foreign corporation that has made such an election shall also be treated as a domestic corporation for purposes of the withholding required under section 1445, in accordance with the provisions of this section.
# (b)
Withholding under section 1445(a)—(1) Dispositions by corporation. A foreign corporation that has made an election under section 897(i) may provide a transferee with a certification of non-foreign status in connection with the corporation's disposition of a U.S. real property interest. However, in accordance with the provisions of §§ 1.1445-2(b)(2)(ii) and 1.1445-5(b)(3)(ii)(C), such an electing foreign corporation must attach to such certification a copy of the acknowledgment of the election provided to the corporation by the Internal Revenue Service pursuant to § 1.897-3(d)(4) which states that the information required by § 1.897-3 has been determined to be complete.
(2) Dispositions of interests in corporation. Dispositions of interests in electing foreign corporations shall be subject to the withholding requirements of section 1445(a) and the rules of §§ 1.1445-1 through 1.1445-4. Therefore, if a foreign person disposes of an interest in such a corporation, and that interest is a U.S. real property interest under the provisions of section 897 and regulations thereunder, then the transferee is required to withhold under section 1445(a).
# (c) Withholding under section 1445(e).
Because a foreign corporation that has made an election under section 897(i) is treated as a domestic corporation for purposes of determining withholding obligations under section 1445, such a corporation is not subject to the requirement of section 1445(e)(2) that a foreign corporation withhold at the corporate capital gain rate from the gain recognized upon the distribution of a U.S. real property interest. Such a corporation is subject to the provisions of section 1445(e)(3). Thus, if interests in an electing corporation constitute U.S. real property interests, then the corporation is required to withhold with respect to the non-dividend distribution of any property to an interest-holder that is a foreign person. See § 1.1445-5(e). Dividend distributions (distributions that are described in section 301) shall be treated as provided in sections 897(f), 1441 and 1442. In addition, if interests in an electing foreign corporation do not constitute U.S. real property interests, then distributions by such corporation shall be treated as provided in sections 897(f) (if applicable), 1441 and 1442.
[T.D. 8113, 51 FR 46650, Dec. 24, 1986; 52 FR 3796, Feb. 6, 1987]
Source: view the official text
In this part (40 sections)
- 1.1441-1 · Requirement for the deduction and withholding of tax on…
- 1.1441-2 · Amounts subject to withholding.
- 1.1441-3 · Determination of amounts to be withheld.
- 1.1441-4 · Exemptions from withholding for certain effectively…
- 1.1441-5 · Withholding on payments to partnerships, trusts, and estates.
- 1.1441-6 · Claim of reduced withholding under an income tax treaty.
- 1.1441-7 · General provisions relating to withholding agents.
- 1.1441-8 · Exemption from withholding for payments to foreign…
- 1.1441-9 · Exemption from withholding on exempt income of a foreign…
- 1.1441-10 · Withholding agents with respect to fast-pay arrangements.
- 1.1442-1 · Withholding of tax on foreign corporations.
- 1.1442-2 · Exemption under a tax treaty.
- 1.1442-3 · Tax exempt income of a foreign tax-exempt corporation.
- 1.1443-1 · Foreign tax-exempt organizations.
- 1.1445-1 · Withholding on dispositions of U.S. real property interests…
- 1.1445-2 · Situations in which withholding is not required under…
- 1.1445-3 · Adjustments to amount required to be withheld pursuant to…
- 1.1445-4 · Liability of agents.
- 1.1445-5 · Special rules concerning distributions and other…
- 1.1445-6 · Adjustments pursuant to withholding certificate of amount…
- 1.1445-7 · Treatment of foreign corporation that has made an election…
- 1.1445-8 · Special rules regarding publicly traded partnerships,…
- 1.1445-10T · Special rule for Foreign governments (temporary).
- 1.1445-11T · Special rules requiring withholding under § 1.1445-5…
- 1.1446-0 · Table of contents.
- 1.1446-1 · Withholding tax on foreign partners' share of effectively…
- 1.1446-2 · Determining a partnership's effectively connected taxable…
- 1.1446-3 · Time and manner of calculating and paying over the 1446 tax.
- 1.1446-4 · Publicly traded partnerships.
- 1.1446-5 · Tiered partnership structures.
- 1.1446-6 · Special rules to reduce a partnership's 1446 tax with…
- 1.1446-7 · Applicability dates.
- 1.1446(f)-1 · (f)-1 General rules.
- 1.1446(f)-2 · (f)-2 Withholding on the transfer of a non-publicly…
- 1.1446(f)-3 · (f)-3 Partnership's requirement to withhold under section…
- 1.1446(f)-4 · (f)-4 Withholding on the transfer of a publicly traded…
- 1.1446(f)-5 · (f)-5 Liability for failure to withhold.
- 1.1451-1 · Tax-free covenant bonds issued before January 1, 1934.
- 1.1451-2 · Exemptions from withholding under section 1451.
- 1.1461-1 · Payment and returns of tax withheld.