Treasury Regulations (26 C.F.R.)
26 CFR § 1.1463-1
Tax paid by recipient of income.
# (a) Tax paid.
If the tax required to be withheld under chapter 3 of the Internal Revenue Code is paid by the beneficial owner of the income or by the withholding agent, it shall not be re-collected from the other, regardless of the original liability therefor. However, this section does not relieve the person that did not withhold tax from liability for interest or any penalties or additions to tax otherwise applicable. See § 1.1441-7(b) for additional applicable rules. See §§ 1.1446-3(e) and (f) and 1.1446(f)-5(a) for application of the rule of this paragraph (a), and for additional rules, in which the withholding tax was required to be paid under section 1446. The references in the previous sentence to § 1.1446-3(e) and (f) apply to partnership taxable years beginning after May 18, 2005, or such earlier time as the regulations under §§ 1.1446-1 through 1.1446-5 apply by reason of an election under § 1.1446-7, and the reference in the previous sentence to § 1.1446(f)-5(a) shall apply to the tax required to be withheld under section 1446(f) for transfers that occur on or after January 29, 2021.
# (b) Effective date.
Unless otherwise provided in this section, this section applies to failures to withhold occurring after December 31, 2000.
[T.D. 8734, 62 FR 53471, Oct. 14, 1997, as amended by T.D. 8804, 63 FR 72188, Dec. 31, 1998; T.D. 8856, 64 FR 73412, Dec. 30, 1999; T.D. 9200, 70 FR 28741, May 18, 2005; T.D. 9926, 85 FR 76946, Nov. 30, 2020]
Source: view the official text
In this part (40 sections)
- 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.
- 1.1461-2 · Adjustments for overwithholding or underwithholding of tax.
- 1.1461-3 · Withholding under section 1446.
- 1.1462-1 · Withheld tax as credit to recipient of income.
- 1.1463-1 · Tax paid by recipient of income.
- 1.1464-1 · Refunds or credits.
- 1.1471-0 · Outline of regulation provisions for sections 1471 through…
- 1.1471-1 · Scope of chapter 4 and definitions.
- 1.1471-2 · Requirement to deduct and withhold tax on withholdable…
- 1.1471-3 · Identification of payee.
- 1.1471-4 · FFI agreement.
- 1.1471-5 · Definitions applicable to section 1471.
- 1.1471-6 · Payments beneficially owned by exempt beneficial owners.
- 1.1472-1 · Withholding on NFFEs.
- 1.1473-1 · Section 1473 definitions.
- 1.1474-1 · Liability for withheld tax and withholding agent reporting.
- 1.1474-2 · Adjustments for overwithholding or underwithholding of tax.
- 1.1474-3 · Withheld tax as credit to beneficial owner of income.
- 1.1474-4 · Tax paid only once.
- 1.1474-5 · Refunds or credits.
- 1.1474-6 · Coordination of chapter 4 with other withholding provisions.
- 1.1474-7 · Confidentiality of information.
- 1.1481-1 · [Reserved]
- 1.1502-0 · Effective/applicability dates.