Treasury Regulations (26 C.F.R.)
26 CFR § 31.3406(a)-2
Definition of payors obligated to backup withhold.
# (a)
In general. Payor means the person that is required to make an information return under section 6041, 6041A(a), 6042, 6044, 6045, 6049, 6050A, 6050N, or 6050W with respect to any reportable payment (as described in section 3406(b)), or that is described in paragraph (b) of this section.
# (b) Persons treated as payors.
The following persons are treated as payors for purposes of section 3406—
(1) A grantor trust established after December 31, 1995, all of which is owned by two or more grantors (treating for this purpose spouses filing a joint return as one grantor);
(2) A grantor trust with ten or more grantors established on or after January 1, 1984 but before January 1, 1996;
(3) A common trust fund; and
(4) A partnership or an S corporation that makes a reportable payment.
# (c) Persons not treated as payors.
A person on the following list is not treated as a payor for purposes of section 3406 if the person does not have a reporting obligation under the section on information reporting to which the payment relates—
(1) A trust (other than a grantor trust as described in paragraph (b)(1) or (2) of this section) that files a Form 1041 containing information required to be shown on an information return, including amounts withheld under section 3406; or
(2) A partnership making a payment of a distributive share or an S corporation making a similar distribution.
# (d) Effective date.
The provisions of this section apply to payments made after December 31, 2002.
[T.D. 9010, 67 FR 48759, July 26, 2002, as amended by T.D. 9496, 75 FR 49835, Aug. 16, 2010]
Source: view the official text
In this part (40 sections)
- 31.3402(h)(4)-1 · Other methods.
- 31.3402(i)-1 · Increases in withholding.
- 31.3402(j)-1 · Remuneration other than in cash for service performed by…
- 31.3402(k)-1 · Special rule for tips.
- 31.3402(l)-1 · Determination and disclosure of marital or filing status.
- 31.3402(m)-1 · Additional withholding allowance.
- 31.3402(n)-1 · Employees incurring no income tax liability.
- 31.3402(o)-1 · Extension of withholding to supplemental unemployment…
- 31.3402(o)-2 · Extension of withholding to annuity payments if…
- 31.3402(o)-3 · Extension of withholding to sick pay.
- 31.3402(p)-1 · Voluntary withholding agreements.
- 31.3402(q)-1 · Extension of withholding to certain gambling winnings.
- 31.3402(r)-1 · Withholding on distributions of Indian gaming profits to…
- 31.3403-1 · Liability for tax.
- 31.3404-1 · Return and payment by governmental employer.
- 31.3405(a)-1 · Questions and answers relating to Federal income tax…
- 31.3405(c)-1 · Withholding on eligible rollover distributions;…
- 31.3405(e)-1 · Questions and answers relating to withholding on…
- 31.3406-0 · Outline of the backup withholding regulations.
- 31.3406(a)-1 · Backup withholding requirement on reportable payments.
- 31.3406(a)-2 · Definition of payors obligated to backup withhold.
- 31.3406(a)-3 · Scope and extent of accounts subject to backup…
- 31.3406(a)-4 · Time when payments are considered to be paid and subject…
- 31.3406(b)(2)-1 · Reportable interest payment.
- 31.3406(b)(2)-2 · Original issue discount.
- 31.3406(b)(2)-3 · Window transactions.
- 31.3406(b)(2)-4 · Reportable dividend payment.
- 31.3406(b)(2)-5 · Reportable patronage dividend payment.
- 31.3406(b)(3)-1 · Reportable payments of rents, commissions,…
- 31.3406(b)(3)-2 · Reportable barter exchanges and gross proceeds of…
- 31.3406(b)(3)-3 · Reportable payments by certain fishing boat operators.
- 31.3406(b)(3)-4 · Reportable payments of royalties.
- 31.3406(b)(3)-5 · Reportable payments of payment card and third party…
- 31.3406(b)(4)-1 · Exemption for certain minimal payments.
- 31.3406(c)-1 · Notified payee underreporting of reportable interest or…
- 31.3406(d)-1 · Manner required for furnishing a taxpayer identification…
- 31.3406(d)-2 · Payee certification failure.
- 31.3406(d)-3 · Special 30-day rules for certain reportable payments.
- 31.3406(d)-4 · Special rules for readily tradable instruments acquired…
- 31.3406(d)-5 · Backup withholding when the Service or a broker notifies…