[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: 26CFR521.2]

[Page 136-137]
 
                       TITLE 26--INTERNAL REVENUE
 
     CHAPTER 1--INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY 
                               (Continued)
 
PART 521--DENMARK--Table of Contents
 
                       Subpart--Withholding of Tax
 
Sec. 521.2  Dividends.

    (a) General. The rate of tax imposed by section 211(a) of the 
Internal Revenue Code (relating to nonresident alien individuals not 
engaged in trade or business within the United States) and by section 
231(a) of the Internal Revenue Code (relating to foreign corporations 
not engaged in trade or business within the United States) is 30 
percent. Such rate is reduced under Article VI of the convention to 15 
percent in the case of dividends received on or after January 1, 1948, 
from sources within the United States by a nonresident alien (including 
a nonresident alien individual, fiduciary, and partnership) who is a 
resident of Denmark or by a Danish corporation if such alien or 
corporation at no time during the taxable year had a permanent 
establishment within the United States. As to what is a Danish 
corporation, see Article II(1)(g) of the convention. Thus, if a 
nonresident alien who is a resident of Denmark performs personal 
services within the United States during the calendar year 1948, but has 
at no time during such year a permanent establishment within the United 
States, he is entitled to the reduced rate of tax with respect to 
dividends derived in that year from United States sources, as provided 
in Article VI of the convention, even though by reason of his having 
rendered personal services within the United States he is engaged in 
trade or business therein in that year within the meaning of section 
211(b) of the Internal Revenue Code. As to what constitutes a permanent 
establishment, see Article II(1)(c) of the convention.
    (b) Dividends paid by a United States subsidiary corporation. (1) 
Under the provisions of Article VI (3) of the convention, dividends paid 
by a domestic corporation to a Danish corporation controlling, directly 
or indirectly, at the time the dividend is paid, 95 percent or more of 
the entire voting power in such domestic corporation, are subject to tax 
at the rate of only 5 percent, if (i) not more than 25 percent of

[[Page 137]]

the gross income of such paying corporation for the three-year period 
immediately preceding the taxable year in which the dividend is paid 
consists of dividends and interest (other than dividends and interest 
paid to such domestic corporation by its own subsidiary corporations, if 
any, and (ii) the relationship between such domestic corporation and 
such Danish corporation has not been arranged or maintained primarily 
with the intention of securing such reduced rate of 5 percent.
    (2) Any domestic corporation which claims or contemplates claiming 
that dividends paid or to be paid by it on or after January 1, 1948, are 
subject only to the 5 percent rate shall file, as soon as practicable, 
with the Commissioner of Internal Revenue, the following information: 
(i) the date and place of its organization; (ii) the number of 
outstanding shares of stock of the domestic corporation having voting 
power and the voting power thereof; (iii) the person or persons 
beneficially owning such stock of the domestic corporation and their 
relationship to the Danish corporation; (iv) the amount of gross income, 
by years, of the paying corporation for the three-year period 
immediately preceding the taxable year in which the dividend is paid; 
(v) the amount of interest and dividends, by years, included in the 
gross income of such domestic corporation and the amount of interest and 
dividends, by years, received by such corporation from its subsidiary 
corporations, if any; and (vi) the relationship between the domestic 
corporation and the Danish corporation to which it pays the dividend.
    (3) As soon as practicable after such information is filed, the 
Commissioner of Internal Revenue will determine whether the dividends 
concerned fall within the provisions of Article VI (3) of the convention 
and may authorize the release of excess tax withheld with respect to 
dividends which come within such provision. In any case in which the 
Commissioner of Internal Revenue has notified such domestic corporation 
that the dividends come within such provision, the reduced rate of 5 
percent applies to any dividends subsequently paid by such corporation 
to the Danish corporation unless the stock ownership of the domestic 
corporation, or the character of its income, materially changes, and, if 
such change or changes occur, such corporation shall promptly notify the 
Commissioner of Internal Revenue of the then existing facts with respect 
to such stock ownership or income.
    (c) Effect on withholding in case of dividends of address in 
Denmark. For the purposes of withholding of the tax in the case of 
dividends, every nonresident alien (including a nonresident alien 
individual, fiduciary or partnership) whose address is in Denmark shall 
be deemed by United States withholding agents to be a resident of 
Denmark not having a permanent establishment in the United States and 
every corporation whose address is in Denmark shall be deemed by such 
withholding agents to be a Danish corporation not having a permanent 
establishment in the United States.
    (d) Rate of withholding. (1) On and after January 1, 1949, 
withholding in the case of dividends paid to nonresident aliens 
(including a nonresident alien individual, fiduciary or partnership) and 
to foreign corporations, whose addresses are in Denmark, shall (except 
(i) in any case in which prior to the date of payment of such dividend, 
the Commissioner of Internal Revenue has notified the paying corporation 
that such dividend falls within the provisions of Article VI (3) of the 
convention, and (ii) in any case in which the Commissioner notifies the 
withholding agent that the reduced rate shall not apply), be at the rate 
of 15 percent.
    (2) The preceding provisions relative to residents of Denmark and to 
Danish corporations are based upon the assumption that the payee of the 
dividend is the actual owner of the capital stock from which the 
dividend is derived and consequently is the person liable to the tax 
upon such dividend. As to action by the recipient who is not the owner 
of the dividend, see Sec. 521.7.