LMSB Tier I Issue - U.S. Withholding Agents - §1441: Reporting and Withholding on U.S. Source FDAP Income |
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U.S. WITHHOLDING AGENTS - §1441: REPORTING AND WITHHOLDING ON U.S. SOURCE FDAP INCOME
Issue Owner - Lori Nichols, Director, International Compliance Strategy and Policy
Lead TA - Robert Driscoll
Lead Counsel - Victoria Kanrek
Industry Director Directives:
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Guidance:
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Key UIL Codes:
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1441.00-00 to 1446.14-00
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1461.00-00 to 1464.00-00
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Risk Analysis:
TBD
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Description of Issue
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U.S. persons (individuals, corporations, partnerships, etc.) who make payments of certain types of U.S. sourced income to non-resident aliens generally must withhold tax at a rate of 30% on such payments, unless there are applicable treaty provisions allowing for a reduced rate.
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Such payments are generally subject to reporting on Form 1042, Annual Withholding Tax Return for U.S. Source Income of Foreign Persons, and Form 1042-S, Foreign Person’s U.S. Source Income Subject to Withholding.
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The person making these payments – generally referred to as a U.S. withholding agent – is responsible for the withholding and reporting.
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The IRS has current initiatives focused on the compliance of U.S. withholding agents with regard to these reporting and withholding responsibilities.
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Issues such as securities lending, payments to foreign vendors and potential use of total return swaps to minimize withholding tax are just some of the issues of concern.
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The IRS is also focusing on the quality of the overall reporting and withholding systems and procedures of the withholding agents to ensure proper classification of payments, sourcing, and the validity of documentation of foreign persons.
Return to:
Issue Tiering - LMSB
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Page Last Reviewed or Updated: April 07, 2009