Treasury Regulations (26 C.F.R.)

26 CFR § 1.5000C-0

Outline of regulation provisions for section 5000C.

Official textecfr.govlast amended

This section lists the captions contained in §§ 1.5000C-1 through 1.5000C-7.

§ 1.5000C-1 Tax on specified Federal procurement payments.

(a) Overview.

(b) Imposition of tax.

(c) Definitions.

(d) Exemptions.

(1) Simplified acquisitions.

(2) Emergency acquisitions.

(3) Certain personal service contracts.

(4) Certain foreign humanitarian assistance contracts.

(5) Certain international agreements.

(6) Goods manufactured or produced or services provided in the United States.

(7) Goods manufactured or produced or services provided in a country that is a party to an international procurement agreement.

(e) Country in which goods are manufactured or produced or services provided.

(1) Goods manufactured or produced.

(2) Provision of services.

(3) Allocation of total contract price to determine the nonexempt amount.

(4) Reduction or elimination of withholding by an acquiring agency.

§ 1.5000C-2 Withholding on specified Federal procurement payments.

(a) In general.

(b) Steps in determining the obligation to withhold under section 5000C.

(1) Determine whether the payment is pursuant to a contract for goods or services.

(2) Determine whether the payment is made pursuant to a contract with a U.S. person.

(3) Determine whether the payment is for purchases under the simplified acquisition procedures.

(4) Determine whether the payment is for emergency acquisitions.

(5) Determine whether the payment is for personal services under the simplified acquisition threshold.

(6) Determine whether the payment is pursuant to a foreign humanitarian assistance contract.

(7) Determine whether the foreign contracting party is entitled to relief pursuant to an international agreement.

(8) Determine whether the contract is for goods manufactured or produced or services provided in the United States or in a foreign country that is a party to an international procurement agreement.

(9) Compute amounts to withhold.

(10) Deposit and report amounts withheld.

(c) Determining whether the contracting party is a U.S. person.

(1) In general.

(2) Determination based on Taxpayer Identification Number (TIN).

(3) Determination based on the Form W-9.

(4) Contracting party treated as a foreign contracting party.

(d) Withholding when a foreign contracting party submits a Section 5000C Certificate.

(1) In general.

(2) Exemption for a foreign contracting party entitled to the benefit of relief pursuant to certain international agreements.

(3) Exemption when goods are manufactured or produced or services provided in the United States, or in a foreign country that is a party to an international procurement agreement.

(4) Information required for Section 5000C Certificate.

(5) Validity period of Section 5000C Certificate.

(6) Change in circumstances.

(7) Form W-14.

(8) Time for submitting Section 5000C Certificate.

(e) Offset for underwithholding or overwithholding.

(1) In general.

(2) Underwithholding.

(3) Overwithholding.

§ 1.5000C-3 Payment and returns of tax withheld by the acquiring agency.

(a) In general.

(b) Deposit rules.

(1) Acquiring agency with a chapter 3 deposit requirement treats amounts withheld as under chapter 3.

(2) Acquiring agency with no chapter 3 filing obligation deposits withheld amounts monthly.

(c) Return requirements.

(1) In general.

(2) Classified or confidential contracts.

(d) Special arrangement for certain contracts.

§ 1.5000C-4 Requirement for the foreign contracting party to file a return and pay tax, and procedures for the contracting party to seek a refund.

(a) In general.

(b) Tax obligation of foreign contracting party independent of withholding.

(c) Return of tax by the foreign contracting party.

(d) Time and manner of paying tax.

(e) Refund requests when amount withheld exceeds tax liability.

§ 1.5000C-5 Anti-abuse rule. § 1.5000C-6 Examples. § 1.5000C-7 Effective/applicability date.

[T.D. 9782, 81 FR 55137, Aug. 18, 2016]

Source: view the official text

Report a problem

What's wrong?

Sent anonymously with this page's citation. No personal information is collected.

In this part (40 sections)
  1. 1.1504-3 · Treatment of stock in a QOF C corporation for purposes of…
  2. 1.1504-4 · Treatment of warrants, options, convertible obligations, and…
  3. 1.1502-77A · Common parent agent for subsidiaries applicable for…
  4. 1.1502-77B · Agent for the group applicable for consolidated return…
  5. 1.1551-1 · Disallowance of surtax exemption and accumulated earnings…
  6. 1.1552-1 · Earnings and profits.
  7. 1.1561-0 · Table of contents.
  8. 1.1561-1 · General rules regarding certain tax benefits available to…
  9. 1.1561-2 · Special rules for allocating reductions of certain section…
  10. 1.1561-3 · Allocation of the section 1561(a) tax items.
  11. 1.1563-1 · Definition of controlled group of corporations and component…
  12. 1.1563-2 · Excluded stock.
  13. 1.1563-3 · Rules for determining stock ownership.
  14. 1.1563-4 · Franchised corporations.
  15. 1.5000A-0 · Table of contents.
  16. 1.5000A-1 · Maintenance of minimum essential coverage and liability for…
  17. 1.5000A-2 · Minimum essential coverage.
  18. 1.5000A-3 · Exempt individuals.
  19. 1.5000A-4 · Computation of shared responsibility payment.
  20. 1.5000A-5 · Administration and procedure.
  21. 1.5000C-0 · Outline of regulation provisions for section 5000C.
  22. 1.5000C-1 · Tax on specified Federal procurement payments.
  23. 1.5000C-2 · Withholding on specified Federal procurement payments.
  24. 1.5000C-3 · Payment and returns of tax withheld by the acquiring agency.
  25. 1.5000C-4 · Requirement for the foreign contracting party to file a…
  26. 1.5000C-5 · Anti-abuse rule.
  27. 1.5000C-6 · Examples.
  28. 1.5000C-7 · Effective/applicability date.
  29. 1.6001-1 · Records.
  30. 1.6001-2 · Returns.
  31. 1.6011-1 · General requirement of return, statement, or list.
  32. 1.6011-2 · Returns, etc., of DISC's and former DISC's.
  33. 1.6011-3 · Requirement of statement from payees of certain gambling…
  34. 1.6011-4 · Requirement of statement disclosing participation in certain…
  35. 1.6011-5 · Required use of magnetic media for corporate income tax…
  36. 1.6011-6 · [Reserved]
  37. 1.6011-7 · Specified tax return preparers required to file individual…
  38. 1.6011-8 · Requirement of income tax return for taxpayers who claim the…
  39. 1.6011-9 · Syndicated conservation easement listed transactions.
  40. 1.6011-10 · Micro-captive listed transaction.
Full table of contents →