[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: 26CFR502.3]

[Page 8-10]
 
                       TITLE 26--INTERNAL REVENUE
 
     CHAPTER 1--INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY 
                               (Continued)
 
PART 502--GREECE--Table of Contents
 
                       Subpart--Withholding of Tax
 
Sec. 502.3  Interest.

    (a) General. (1) Interest paid on or after January 1, 1953, by a 
Greek corporation is exempt from United States tax under the provisions 
of Article IX of the convention if the recipient is not a citizen, 
resident, or corporation of the United States. Interest paid to such 
recipients is, therefore, not subject to the withholding of United 
States tax at source.
    (2) Interest (other than interest falling within the scope of 
paragraph (b) of this section) on bonds, securities, notes, debentures, 
or on any other form of indebtedness, including interest on obligations 
of the United States, obligations of instrumentalities of the United 
States, and mortgages and bonds secured by real property, which is paid 
by a person other than a Greek corporation and which is received from 
sources within the United States on or after January 1, 1953, by a 
nonresident alien (including a nonresident alien individual, fiduciary, 
and partnership) who is a resident of Greece, or by a Greek corporation, 
is exempt from United States tax under the provisions of Article VI (1) 
of the convention if such alien or corporation at no time during the 
taxable year in which such interest is received has engaged in trade or 
business within the United States through a permanent establishment 
situated therein. Such interest is, therefore, not subject to the 
withholding of United States tax at source. As to what constitutes a 
permanent establishment, see Article II (1)(i) of the convention.
    (b) Exemption not applicable to interest paid by subsidiary 
corporation to its parent corporation. Under the exception contained in 
Article VI (1) of the convention any interest received from sources 
within the United States and paid by a domestic corporation to a Greek 
corporation is not exempt from United States tax if such Greek 
corporation controls, directly or indirectly, at the time the interest 
is paid more than 50 percent of the entire voting power of all classes 
of stock of such domestic corporation. The exemption from United States 
tax provided by Article VI (1) of the convention does not, therefore, 
apply to such interest paid by such domestic corporation.
    (c) Application of exemption from withholding. (1) To avoid 
withholding of United States tax at source in the case of coupon bond 
interest to which paragraph (a)(2) of this section is applicable, the 
nonresident alien who is a resident of Greece, or the Greek corporation, 
shall for each issue of bonds file Form 1001-G in duplicate when 
presenting the interest coupons for payment. This form shall be signed 
by the owner of the interest, trustee, or agent and shall show the name 
and address of the obligor, the name and address of the owner of the 
interest, and the amount of the interest. It shall contain a statement 
(i) that the owner is a resident of Greece, or is a Greek corporation, 
(ii) that the owner is not engaged in trade or business within the 
United States through a permanent establishment situated therein, and, 
in the case of interest paid by a domestic corporation to a Greek 
corporation, (iii) that the owner does not control, directly or 
indirectly, more than 50 percent of the entire voting power of all 
classes of stock of the United States domestic corporation.
    (2) The exemption from United States tax contemplated by Article VI 
(1) of the convention, insofar as it concerns coupon bond interest, is 
applicable only to the owner of the interest. The person presenting the 
coupon or on whose behalf it is presented shall, for the purpose of the 
exemption from tax, be deemed to be the owner of the interest only if he 
is, at the time the coupon is presented for payment, the owner of the 
bond from which the coupon has been detached. If the person presenting 
the coupon or on whose behalf it is presented is not the owner of the 
bond, Form 1001, and not Form 1001-G, shall be executed.
    (3) The original and duplicate of Form 1001-G shall be forwarded by 
the withholding agent to the District Director of Internal Revenue, 
Audit Division, Alien Returns Section, Baltimore

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2, Maryland, with the quarterly return on Form 1012. Form 1001-G need 
not be listed on Form 1012.
    (4) To avoid withholding of United States tax at source in the case 
of interest, other than coupon bond interest, to which paragraph (a)(2) 
of this section is applicable, the nonresident alien who is a resident 
of Greece, or the Greek corporation, shall notify the withholding agent 
by letter in duplicate that such income is exempt from United States tax 
under the provisions of Article VI (1) of the convention. The letter of 
notification shall be signed by the owner of the interest, trustee, or 
agent and shall show the name and address of the obligor and the name 
and address of the owner of the interest. It shall contain a statement 
(i) that the owner is neither a citizen nor a resident of the United 
States but is a resident of Greece, or, in the case of a corporation, 
that the owner is a Greek corporation, (ii) that the owner has at no 
time during the current taxable year engaged in trade or business within 
the United States through a permanent establishment situated therein, 
and, in the case of interest paid by a domestic corporation to a Greek 
corporation, (iii) that the owner does not control, directly or 
indirectly, more than 50 percent of the entire voting power of all 
classes of stock of the United States domestic corporation.
    (5) This letter of notification, which shall constitute 
authorization for the payment of such interest without withholding of 
United States tax at source, shall be filed with the withholding agent 
for each successive three-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.
    (6) If such letter is also to be used as authorization for the 
release, pursuant to Sec. 502.7, of excess tax withheld from interest, 
other than coupon bond interest, it shall also contain a statement (i) 
that, at the time when the interest was received from which the excess 
tax was withheld, the owner was neither a citizen nor a resident of the 
United States but was a resident of Greece, or, in the case of a 
corporation, the owner was a Greek corporation, (ii) that the owner at 
no time during the taxable year in which such interest was received was 
engaged in trade or business within the United States through a 
permanent establishment situated therein, and, in the case of interest 
paid by a domestic corporation to a Greek corporation, (iii) that the 
owner did not control, directly or indirectly, at the time when such 
interest was paid, more than 50 percent of the entire voting power of 
all classes of stock of the United States domestic corporation.
    (7) Once a letter has been filed in respect of any three-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 exemption from United States tax granted by the 
convention in respect to such interest, such taxpayer shall promptly 
notify the withholding agent by letter in duplicate. When any change 
occurs in the ownership of the interest as recorded on the books of the 
payer, the exemption from 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.
    (8) 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.
    (d) Interest paid by domestic corporation to Greek corporation where 
degree of stock ownership uncertain. (1) In any case in which a Greek 
corporation anticipates the receipt of interest from a domestic 
corporation and the relationship existing between the Greek corporation 
and the domestic corporation is such as to render uncertain whether,

[[Page 10]]

by reason of the exception contained in Article VI (1) of the 
convention, the exemption will apply to such interest, the Greek 
corporation shall not undertake to file any Form 1001-G or letter of 
notification prescribed by paragraph (c) of 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 Greek 
corporation does not control, directly or indirectly, more than 50 
percent of the entire voting power in 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 Greek 
corporation has such control of the domestic corporation as to render 
the exemption provided by Article VI (1) of the convention inapplicable 
to interest paid by such domestic corporation to such Greek corporation 
and shall notify the Greek corporation of his determination. The Greek 
corporation shall forthwith file with the domestic corporation a copy of 
the Commissioner's letter of notification.
    (3) If the Commissioner's determination is that the Greek 
corporation does not control, directly or indirectly, more than 50 
percent of the entire voting power of all classes of stock of the 
domestic corporation, the Greek corporation may thereafter avoid 
withholding at the source with respect to subsequent payments of such 
interest by complying with the provisions of paragraph (c) of this 
section, that is, by submitting Form 1001-G in the case of coupon bond 
interest, or the letter of notification for each three-calendar-year 
period in the case of interest other than interest payable by means of 
coupons.
    (4) A determination of the Commissioner that the Greek corporation 
does not have such control of the domestic corporation as to render the 
exemption provided by Article VI (1) of the convention inapplicable will 
apply until such time as the stock ownership of the domestic corporation 
has changed to the extent that interest to be received from the domestic 
corporation by the Greek corporation is no longer exempt from United 
States tax under Article VI (1) of the convention. If such change in 
stock ownership occurs, the Greek corporation shall promptly notify both 
the Commissioner of Internal Revenue and the domestic corporation of the 
then existing facts with respect to such stock ownership.
    (5) In any case in which a Greek corporation has received on or 
after January 1, 1954, interest from a domestic corporation and the 
relationship existing between the Greek corporation and the domestic 
corporation was at the time the interest was paid such as to render 
uncertain whether, by reason of the exception contained in Article VI 
(1) of the convention, such interest was exempt from United States tax, 
the Greek corporation shall apply to the Commissioner of Internal 
Revenue for a similar determination as to the degree of control at the 
time the interest was paid. If the Commissioner's determination is that 
at such time the degree of control was such as to permit the application 
of the exemption provided by Article VI (1) of the convention, his 
letter of notification may, subject to the provisions of Sec. 502.7(b), 
authorize the release of excess tax withheld with respect to such exempt 
interest.