[Code of Federal Regulations]
[Title 26, Volume 13]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR]

[Page 216-217]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
Procedure and Administration--Table of Contents
 
Sec.  1.6041-4  Foreign-related items and other exceptions.

    (a) Exempted foreign-related items--(1) Returns of information are 
not required for payments that a payor can, prior to payment, associate 
with documentation upon which it may rely to treat as made to a foreign 
beneficial owner in accordance with Sec.  1.1441-1(e)(1)(ii) or as made 
to a foreign payee in accordance with Sec.  1.6049-5(d)(1) or presumed 
to be made to a foreign payee under Sec.  1.6049-5(d)(2), (3), (4), or 
(5). However, such payments may be reportable under Sec.  1.1461-1(b) 
and (c). For purposes of this paragraph (a)(1), the provisions in Sec.  
1.6049-5(c) (regarding rules applicable to documentation of foreign 
status and definition of U.S. payor and non-U.S. payor) shall apply. See 
Sec.  1.1441-1(b)(3)(iii)(B) and (C) for special payee rules regarding 
scholarships, grants, pensions, annuities, etc.

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The provisions of Sec.  1.1441-1 shall apply by substituting the term 
payor for the term withholding agent and without regard to the fact that 
the provisions apply only to amounts subject to withholding under 
chapter 3 of the Internal Revenue Code and the regulations under that 
chapter.
    (2) Returns of information are not required for payments of amounts 
from sources outside the United States (determined under the provisions 
of part I, subchapter N, chapter 1 of the Internal Revenue Code and the 
regulations under those provisions) made by a non-U.S. payor or non-U.S. 
middleman outside the United States. For a definition of non-U.S. payor 
and non-U.S. middleman, see Sec.  1.6049-5(c)(5). For circumstances in 
which a payment is considered to be made outside the United States, see 
Sec.  1.6049-5(e).
    (3) Returns of information are not required for amounts paid by a 
foreign intermediary described in Sec.  1.1441-1(c)(13) that it has 
received in its capacity as an intermediary and that are associated with 
a valid withholding certificate described in Sec.  1.1441-1(e)(3)(ii) or 
(iii) and payments made by a U.S. branch of a foreign bank or of a 
foreign insurance company described in Sec.  1.1441-1(b)(2)(iv) (other 
than a U.S. branch that is treated as a U.S. person) that are associated 
with a valid withholding certificate described in Sec.  1.1441-
1(e)(3)(v), which certificate the intermediary or branch has furnished 
to the payor or middleman from whom it has received the payment, unless, 
and to the extent, the intermediary or branch knows that the payments 
are required to be reported under Sec.  1.6041-1 and were not so 
reported. For example, if a foreign intermediary or U.S. branch 
described in Sec.  1.1441-1(b)(2)(iv) fails to provide information 
regarding U.S. persons that are not exempt from reporting under Sec.  
1.6041-3(q) to the person from whom the intermediary or U.S. branch 
receives the payment, the foreign intermediary or U.S. branch must 
report the payment on an information return. The exception of this 
paragraph (a)(3) shall not apply to a qualified intermediary that 
assumes reporting responsibility under chapter 61 of the Internal 
Revenue Code.
    (4) Returns of information are not required for amounts paid with 
respect to notional principal contracts referred to in Sec.  1.863-7 or 
1.988-2(e) which the payor may treat as effectively connected income of 
a foreign payee under the provisions of Sec.  1.1441-4(a)(3) or if the 
payee provides a representation in a master agreement that governs the 
transactions in notional principal contracts between the parties (for 
example, an International Swap and Derivatives Association (ISDA) 
Agreement, including the Schedule thereto) or in the confirmation on the 
particular notional principal contract transaction that the counterparty 
is a foreign person. See, however, Sec.  1.1461-1(c)(2)(i) for 
applicable reporting requirements.
    (5) Returns of information are not required for the period that the 
amounts paid represent assets blocked as described in Sec.  1.1441-
2(e)(3). The exemption in this paragraph (a)(5) shall terminate when 
payment is deemed to occur in accordance with the provisions of Sec.  
1.1441-2(e)(3).
    (6) For rules concerning direct sellers, see Sec.  1.6041A-
1(d)(3)(i)(C).
    (b) Joint owners. Amounts paid to joint owners for which a 
certificate or documentation is required as a condition for being exempt 
from reporting under paragraph (a) of this section are presumed made to 
U.S. payees who are not exempt recipients if, prior to payment, the 
payor or middleman cannot reliably associate the payment either with a 
Form W-9 furnished by one of the joint owners in the manner required in 
Sec. Sec.  31.3406(d)-1 through 31.3406(d)-5 of this chapter, or with 
documentation described in paragraph (a)(1) of this section furnished by 
each joint owner upon which the payor or middleman can rely to treat 
each joint owner as a foreign payee or foreign beneficial owner.
    (c) Conversion into United States dollars of amounts paid in foreign 
currency. For rules concerning foreign currency conversion, see Sec.  
1.6049-4(d)(3)(i).
    (d) Effective date. The provisions of this section apply to payments 
made after December 31, 2000.

[T.D. 8734, 62 FR 53473, 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. 8881, 
65 FR 32205, May 22, 2000]

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