[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: 26CFR503.2]

[Page 17-19]
 
                       TITLE 26--INTERNAL REVENUE
 
     CHAPTER 1--INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY 
                               (Continued)
 
PART 503--GERMANY--Table of Contents
 
                       Subpart--Withholding of Tax
 
Sec. 503.2  Dividends.

    (a) General. (1) Dividends paid by a German company (other than a 
United States corporation) and received in taxable years beginning on or 
after January 1, 1954, by a nonresident alien or a foreign corporation 
are exempt from United States tax under the provisions of Article XIV of 
the convention. Such dividends are, therefore, not subject to the 
withholding of United States tax at source.
    (2) The rate of United States tax imposed by the Internal Revenue 
Code upon dividends (other than dividends falling within the scope of 
subparagraph (1) of this paragraph) derived from sources within the 
United States in taxable years beginning on or after January 1, 1954, by 
a German company (other than a United States corporation) shall not 
exceed 15 percent under

[[Page 18]]

the provisions of Article VI of the convention if (i) such company at no 
time during the taxable year in which such dividends are derived has a 
permanent establishment in the United States and (ii) such company owns, 
at the time the dividends are paid, 10 percent or more of the voting 
stock of the paying corporation.
    (b) Application of reduced rate of withholding. (1) To secure 
withholding of United States tax at the rate of 15 percent at source in 
the case of dividends to which paragraph (a)(2) of this section is 
applicable, the German company shall notify the withholding agent by 
letter in duplicate that such income is subject to the reduced rate of 
United States tax under the provisions of Article VI of the convention. 
The letter of notification shall be signed by an officer of the company 
and shall show the name and address of the corporation paying the 
dividend, the name and address of the German company receiving the 
dividend, and the official title of the officer signing the letter. It 
shall contain a statement (i) that the owner of the dividend is a German 
company (other than a United States corporation), (ii) that the owner at 
no time during the current taxable year had a permanent establishment in 
the United States, and (iii) that the German company owns 10 percent or 
more of the voting stock of the corporation paying such dividend.
    (2) This letter of notification, which shall constitute 
authorization for application of the reduced rate of withholding of 
United States tax at source, shall be filed with the withholding agent 
for each successive 3-calendar-year period during which such income is 
paid. For this purpose, the first such period shall commence with the 
beginning of the calendar year in which such income is first paid on or 
after January 1, 1954. Each such letter filed with any withholding agent 
shall be filed not later than 20 days preceding the date of the first 
payment within each successive period, or, if that is not possible 
because of special circumstances, as soon as possible after such first 
payment.
    (3) If such letter is also to be used as authorization for the 
release, pursuant to Sec. 503.6(a)(3), of excess tax withheld from 
dividends, it shall also contain a statement (i) that, at the time when 
the dividends were derived from which the excess tax was withheld, the 
owner was a German company (other than a United States corporation), 
(ii) that the owner at no time during the taxable year in which such 
dividends were derived had a permanent establishment in the United 
States and (iii) that the German company owned, at the time when such 
dividends were paid, 10 percent or more of the voting stock of the 
corporation paying such dividends.
    (4) Once a letter has been filed in respect of any 3-calendar-year 
period, no additional letter need be filed in respect thereto unless the 
Commissioner of Internal Revenue notifies the withholding agent that an 
additional letter shall be filed by the taxpayer. If, after filing a 
letter of notification, the taxpayer ceases to be eligible for the 
reduction in rate of United States tax granted by the convention in 
respect to such dividends, such taxpayer shall promptly notify the 
withholding agent by letter in duplicate. When any change occurs in the 
ownership of the stock as recorded on the books of the payer the 
reduction in the rate of withholding of United States tax shall no 
longer apply unless the new owner of record is entitled to and does 
properly file a letter of notification with the withholding agent.
    (5) Each letter of notification, or the duplicate thereof, shall be 
immediately forwarded by the withholding agent to the District Director 
of Internal Revenue, Audit Division, Alien Returns Section, Baltimore 2, 
Maryland.
    (c) Dividends paid to German company where degree of stock ownership 
uncertain. (1) In any case in which a German company (other than a 
United States corporation) anticipates the receipt of dividends 
described in paragraph (a)(2) of this section and the relationship 
existing between the German company and the paying corporation is such 
as to render uncertain whether, by reason of the requirement as to stock 
ownership, the reduction in rate of United States tax granted by Article 
VI of the convention will apply to such dividends, the German company 
shall not undertake to file the letter of notification prescribed by 
paragraph (b)(1) of

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this section unless it has, prior to such filing, applied for and 
received from the Commissioner of Internal Revenue, Washington 25, D.C., 
a determination that such German company owns 10 percent or more of the 
voting stock of the paying corporation. The application to the 
Commissioner shall contain a full statement of all the facts pertinent 
to a determination of the question.
    (2) As soon as practicable after the application has been filed, the 
Commissioner of Internal Revenue will determine whether the German 
company owns sufficient voting stock of the paying corporation to permit 
it to claim the benefit of Article VI of the convention in the case of 
such dividends and shall notify the German company of his determination. 
The German company shall forthwith file with the paying corporation a 
copy of the Commissioner's letter of notification.
    (3) If the Commissioner's determination is that the German company 
does own 10 percent or more of the voting stock of the paying 
corporation, the German company may thereafter, if otherwise qualified, 
secure the reduced rate of withholding at the source with respect to 
subsequent payments of such dividends, by filing the letter of 
notification in accordance with paragraph (b) of this section.
    (4) A determination by the Commissioner that the German company does 
own sufficient voting stock of the paying corporation to permit it to 
claim the benefit of Article VI of the convention will apply until such 
time as the stock ownership of the paying corporation has changed to the 
extent that, because of such change, dividends to be received from the 
paying corporation by the German company no longer qualify for the 
reduced rate of United States tax under Article VI of the convention. If 
such change in stock ownership occurs, the German company shall promptly 
notify both the Commissioner of Internal Revenue and the paying 
corporation of the then existing facts with respect to such stock 
ownership.
    (5) In any case in which a German company (other than a United 
States corporation) has received on or after January 1, 1954, dividends 
described in paragraph (a)(2) of this section and the relationship 
existing between the German company and the paying corporation was, at 
the time the dividends were paid, such as to render uncertain whether, 
by reason of the requirement contained in Article VI of the convention 
as to stock ownership, such dividends qualified for the reduced rate of 
United States tax, the German company shall apply to the Commissioner of 
Internal Revenue for a similar determination as to the degree of stock 
ownership at the time the dividends were paid. If the Commissioner's 
determination is that at such time the degree of stock ownership was 
such as to permit the application of the reduced rate of United States 
tax granted by Article VI of the convention, his letter of notification 
may, subject to the provisions of Sec. 503.6(b), authorize the release 
of excess tax withheld with respect to such dividends.