[Code of Federal Regulations]
[Title 26, Volume 18, Parts 500 to 599]
[Revised as of April 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR514.21]

[Page 77-79]
 
                       TITLE 26--INTERNAL REVENUE
 
     CHAPTER 1--INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY 
                               (Continued)
 
PART 514--FRANCE--Table of Contents
 
                       Subpart--Withholding of Tax
 
Sec. 514.21  Dividends.

    (a) Exemption from or reduction in rate of United States tax--(1) 
Exempt from U.S. tax. Except as provided in subparagraph (2) of this 
paragraph, dividends paid by a French corporation on or after August 11, 
1968, to a nonresident alien individual or foreign corporation are 
exempt from tax by the United States under the provisions of Article 
13(1)(a) of the convention. Such dividends are, therefore, not subject 
to the withholding of U.S. tax at source.
    (2) Exemption and reduced rate of withholding not applicable. 
Dividends paid by a French corporation on or after August 11, 1968, to a 
nonresident alien individual or foreign corporation (other than a 
resident of France or a French corporation) are subject to U.S. tax in 
accordance with the provisions of section 871(a) or 881(a) of the 
Internal Revenue Code and the regulations thereunder if the paying 
corporation has a permanent establishment in the United States and more 
than 80 percent of its gross income was taxable to such permanent 
establishment for a 3-year period ending with the close of its taxable 
year preceding the declaration of such dividends (or for such portion of 
that period as the corporation has been in existence). Such dividends 
are not eligible for the reduced rate of withholding under Article 9(2) 
of the convention or to exemption from tax under Article 13(1)(a) of the 
convention.
    (3) Application of reduced rate--(i) Rate of 15 percent. Except as 
provided in subdivision (ii) of this subparagraph, and subparagraph (4) 
of this paragraph the rate of U.S. tax imposed upon dividends derived 
from sources within the United States on or after August 11, 1968, and 
received by a nonresident alien individual who is a resident of France 
or a French corporation or a person resident in France for French tax 
purposes shall not exceed 15 percent of the gross amount actually 
distributed as provided for in Article 9(2) of the convention. For the 
purposes of this section the gross amount actually distributed includes 
amounts constructively received.
    (ii) Rate of 5 percent. The rate of U.S. tax imposed upon dividends 
derived from sources within the United States on or after August 11, 
1968, and received by a French corporation shall not exceed 5 percent of 
the gross amount actually distributed if--
    (a) During the part of the paying corporation's taxable year which 
precedes the date of payment of the dividend and during the whole of its 
prior taxable year (if any), at least 10 percent of the outstanding 
shares of the voting stock of the paying corporation was owned by the 
recipient corporation, and

[[Page 78]]

    (b) Not more than 25 percent of the gross income of the paying 
corporation for such prior taxable year (if any) consisted of interest 
and dividends (other than interest derived in the conduct of a banking, 
insurance, or financing business and dividends or interest received from 
subsidiary corporations, 50 percent or more of the outstanding shares of 
the voting stock of which was owned by the paying corporation at the 
time such dividends or interest were received).
    (iii) Information to be filed with the Commissioner when claiming a 
5-percent rate. Any paying corporation which claims or contemplates 
claiming that dividends paid or to be paid by it on or after August 11, 
1968, are subject to United States tax at the rate of 5 percent under 
Article 9 of the convention shall file the following information with 
the Commissioner of Internal Revenue, Washington, D.C. 20224, as soon as 
practicable:
    (a) The date and place of its organization;
    (b) The number and a brief description of outstanding shares of 
stock of the paying corporation and the voting power thereof;
    (c) The number of shares of each class of voting stock of the paying 
corporation owned by the recipient corporation and the date the 
recipient corporation acquired such stock;
    (d) The amount of the gross income of the paying corporation for its 
taxable year immediately preceding the taxable year in which the 
dividends are paid;
    (e) The amount of the interest and dividends included in such gross 
income, the amount of such interest derived in the conduct of a banking, 
insurance, or financing business, if any, and the amount of such 
interest and dividends received from a subsidiary corporation in which 
the paying corporation owns at least 50 percent of the voting stock on 
the date of receipt.
    (iv) Notification by Commissioner--5 percent rate. As soon as 
practicable after such information is filed, the Commissioner of 
Internal Revenue will determine whether the dividends concerned qualify 
under Article 9 of the convention for the reduced rate of 5 percent and 
will notify the paying corporation of his determination. If the 
dividends qualify for such reduced rate, this notification may also 
authorize the release, pursuant to Sec. 514.28(a)(1)(ii), of excess tax 
withheld from the dividends concerned. A duplicate copy of such 
notification shall be attached to the Form 1042S filed by the paying 
corporation for the first year of payment. There shall be attached to 
Form 1042S filed by the paying corporation for each subsequent year of 
payment a statement that the conditions upon which the notification was 
issued are applicable to such subsequent year.
    (4) Dividends effectively connected with a permanent establishment. 
The reduction in rate of tax provided in subparagraph (3) of this 
paragraph shall not apply if the owner of the dividends has a permanent 
establishment in the United States and the shares with respect to which 
the dividends are paid are effectively connected with such permanent 
establishment. Such dividends are subject to tax in accordance with the 
provisions of Article 6 of the convention.
    (b) Withholding of tax from dividends-- (1) 15 percent rate--(i) 
Reduction based on address in France. Except as provided in subparagraph 
(2) of this paragraph, withholding of United States tax at source on or 
after August 11, 1968, from dividends derived from sources within the 
United States by a person whose address is in France, shall be at the 
reduced rate of 15 percent in every case except that in which, prior to 
the date of payment of such dividends, the Commissioner of Internal 
Revenue or the owner of the dividends has notified the withholding agent 
that such reduced rate of withholding shall not apply.
    (ii) Reduced rate of 15 percent applicable only to owner of capital 
stock. The reduced rate of 15 percent is available only to the real 
owner of the capital stock from which the dividend is derived. As to 
action by a French addressee who is not the real owner of the capital 
stock, see Sec. 514.22(c).
    (iii) Evidence of rate of tax withheld. The rate at which U.S. tax 
has been withheld from a dividend paid on or after August 11, 1968, to a 
person whose address is in France on the date the dividend is paid to 
such person shall be

[[Page 79]]

shown either in writing or by appropriate stamp on the check, draft, or 
other evidence of payment, or on an accompanying statement.
    (2) 5-percent rate--(i) Reduction based on notification by 
Commissioner. If, in accordance with paragraph (a)(3)(iv) of this 
section, the Commissioner of Internal Revenue has notified the paying 
corporation that the dividends qualify under Article 9 of the convention 
for the reduced rate of 5 percent, the reduced withholding rate of 5 
percent, to the extent withholding of U.S. tax is required, shall apply 
to any dividends paid by the paying corporation on or after August 11, 
1968.
    (ii) Dividends cease to qualify for 5-percent rate. If, after 
receipt of notification from the Commissioner of Internal Revenue that 
the dividends qualify for the reduced rate of 5 percent, the French 
recipient corporation ceases to be eligible for the reduction in rate 
because one or more of the conditions of subdivision (ii) (a) or (b) of 
paragraph (a)(3) of this section are not satisfied, the reduction in the 
rate of withholding of U.S. tax shall no longer apply. When any change 
occurs in the ownership of stock as recorded on the books of the paying 
corporation or in the percentage of dividends and interest included in 
gross income of the paying corporation, the paying corporation shall 
notify the Commissioner of Internal Revenue as soon as possible.
    (iii) Evidence of tax withheld. The rate at which U.S. tax has been 
withheld from a dividend paid on or after August 11, 1968, to a French 
corporation shall be shown either in writing or by appropriate stamp on 
the check, draft, or other evidence of payment, or on an accompanying 
statement.

    Effective Date Note:  By T.D. 8734, 62 FR 53498, Oct. 14, 1997, 
Sec. 514.21 was removed, effective Jan. 1, 1999. By T.D. 8804, 63 FR 
72183, Dec. 31, 1998, the effective date was delayed until Jan. 1, 2000. 
By T.D. 8856, 64 FR 73408, Dec. 30, 1999, the effective date was delayed 
until Jan. 1, 2001.