Treasury Regulations (26 C.F.R.)
26 CFR § 31.3406(b)(4)-1
Exemption for certain minimal payments.
# (a) In general.
A payor of reportable interest or dividends (as described in section 3406(b)(2)) or of royalties (as described in section 3406(b)(3)(E)) may elect not to withhold from a payment that does not exceed $10 and that on an annualized basis does not exceed $10 (see paragraph (c) of this section). A broker or barter exchange may elect not to withhold on gross proceeds of $10 or less without regard to the annualization requirement. See § 31.6051-4 for the requirement to furnish a statement to the payee if tax is withheld under section 3406.
# (b) Manner of making the election.
The election not to withhold from payments that do not exceed $10 can be made only for payments described in paragraph (a) of this section. The election may be made on a payment-by-payment basis.
# (c)
How to annualize—(1) In general. To annualize a reportable interest payment, dividend payment, or royalty payment, a payor must calculate what the amount of the payment would be if it were paid for a 1-year period (instead of the period for which it actually is paid). The annualized amount is determined by dividing the amount of the payment by the number of days in the period for which it is being paid and then multiplying that result by the number of days in the year. If the annualized amount is $10 or less, the payor may elect not to withhold on that payment regardless of whether more than $10 may be or has been paid to the payee in other reportable payments during the calendar year. Conversely, if the annualized amount is more than $10, withholding applies even if $10 or less is actually paid to the payee during the calendar year. For purposes of computing the annualized amount, the payor may assume that February always consists of 28 days and that the year always consists of 360 days. For amounts that are deposited with a payor in a new account or certificate between the dates on which the payor customarily pays or credits interest, the payor may assume that the period for which the interest is paid is the payor's customary period for paying or crediting interest.
(2) Special aggregation rule for reportable interest and dividends. If a payor maintains records that reflect multiple holdings of one payee and the payor makes an aggregate payment of reportable interest or dividends (as defined in section 3406(b)(2)) with respect to those multiple holdings (such as a dividend check that reflects payment on all stock owned by the payee), the payor must annualize the aggregate payment.
# (d) Exception for window transactions and original issue discount.
A payor is not required to annualize payments made in window transactions (as defined in § 31.3406(b)(2)-3(b)) or payments of original issue discount. With respect to a window transaction, however, the payor is required to aggregate all payments made in the same transaction (e.g., payments made with respect to coupons or obligations presented for payment at the same time as described in § 1.6049-4(e)(4) of this chapter).
[T.D. 8637, 60 FR 66119, Dec. 21, 1995]
Source: view the official text
In this part (40 sections)
- 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…
- 31.3406(e)-1 · Period during which backup withholding is required.
- 31.3406(f)-1 · Confidentiality of information.
- 31.3406(g)-1 · Exception for payments to certain payees and certain…
- 31.3406(g)-2 · Exception for reportable payment for which withholding…
- 31.3406(g)-3 · Exemption while payee is waiting for a taxpayer…
- 31.3406(h)-1 · Definitions.
- 31.3406(h)-2 · Special rules.
- 31.3406(h)-3 · Certificates.
- 31.3406(i)-1 · Effective date.
- 31.3406(j)-1 · Taxpayer Identification Number (TIN) matching program.
- 31.3501(a)-1T · Question and answer relating to the time employers must…
- 31.3502-1 · Nondeductibility of taxes in computing taxable income.
- 31.3503-1 · Tax under chapter 21 or 22 paid under wrong chapter.