[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 376-377]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
Procedure and Administration--Table of Contents
 
Sec.  1.6050N-1  Statements to recipients of royalties paid after 
December 31, 1986.

    (a) Requirement. A person required to make an information return 
under section 6050N(a) must furnish a statement to each recipient whose 
name is required to be shown on the related information return for 
royalties paid.
    (b) Form, manner, and time for providing statements to recipients. 
The statement required by paragraph (a) of this section must be either 
the official Form 1099 prescribed by the Internal Revenue Service for 
the respective calendar year or an acceptable substitute statement. The 
rules under Sec.  1.6042-4 (relating to statements with respect to 
dividends) apply comparably in determining the form of the acceptable 
substitute statement permitted by this section. Those rules also apply 
for purposes of determining the manner of and time for providing the 
Form 1099 or its acceptable substitute statement to a recipient under 
this section.
    (c) Exempted foreign-related items--(1) In general. No return shall 
be required under paragraph (a) of this section for payments of the 
items described in paragraphs (c)(1)(i) through (iv ) of this section.
    (i) Returns of information are not required for payments of 
royalties 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 (c)(1)(i), 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. 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.
    (ii) Returns of information are not required for payments of 
royalties from sources outside the United States (determined under Part 
I of subchapter N and the regulations under these provisions) made 
outside the United States by a non-U.S. payor or non-U.S. middleman. For 
a definition of non-U.S. payor or 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).
    (iii) Returns of information are not required for payments made by a 
foreign intermediary described in Sec.  1.1441-1(e)(3)(i) 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) 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 and were not so reported.
    (2) Definitions--(i) Payor. For purposes of this section, the term 
payor

[[Page 377]]

shall have the meaning ascribed to it under Sec.  1.6049-4(a).
    (ii) Joint owners. Amounts paid to joint owners for which a 
certificate or documentation is required as a condition for being exempt 
from reporting under this paragraph (c) of this section are presumed 
made to U.S. payees who are not exempt recipients if, prior to payment, 
the payor 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 (c)(1)(i) of this section furnished 
by each joint owner upon which it can rely to treat each joint owner as 
a foreign payee or foreign beneficial owner. For purposes of applying 
this paragraph (c)(2)(ii), the grace period described in Sec.  1.6049-
5(d)(2)(ii) shall apply only if each payee qualifies for such grace 
period.
    (d) Cross-reference to penalties. For provisions relating to the 
penalty provided for failure to file timely a correct information return 
required under section 6050N(a), see Sec.  301.6721-1 of this chapter 
(Procedure and Administration Regulations). For provisions relating to 
the penalty provided for failure to furnish timely a correct payee 
statement required under section 6050N(b) and Sec.  1.6050N-1(a), see 
Sec.  301.6722-1 of this chapter. See Sec.  301.6724-1 of this chapter 
for the waiver of a penalty if the failure is due to reasonable cause 
and is not due to willful neglect.
    (e) Effective date--This section, except paragraph (c), applies to 
payee statements due after December 31, 1995, without regard to 
extensions. For further guidance regarding the substantially similar 
statement mailing requirements that apply with respect to forms required 
to be filed after October 22, 1986, and before January 1, 1996 (see Rev. 
Proc. 84-70 (1984-2 C.B. 716) and Sec.  601.601(d)(2) of this chapter). 
The provisions of paragraph (c) of this section apply to payments made 
after December 31, 2000.

[T.D. 8637, 60 FR 66111, Dec. 21, 1995, as amended by T.D. 8734, 62 FR 
53492, Oct. 14, 1997; T.D. 8804, 63 FR 72188, Dec. 31, 1998; T.D. 8856, 
64 FR 73412, Dec. 30, 1999]