[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: 26CFR513.4]
[Page 58-59]
TITLE 26--INTERNAL REVENUE
CHAPTER 1--INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY
(Continued)
PART 513--IRELAND--Table of Contents
Subpart--Withholding of Tax
Sec. 513.4 Patent and copyright royalties and film rentals.
(a) Royalties and other amounts (including rentals for the use of,
or for the right to use, motion picture films) derived from sources
within the United States and received in taxable years beginning on or
after January 1, 1951, by a nonresident alien (including a nonresident
alien individual, fiduciary, and partnership) who is resident in Ireland
for the purposes of Irish tax, or by a foreign corporation (whether or
not created or organized in or under the laws of Ireland) whose business
is managed and controlled in Ireland, when paid as consideration for the
use of, or for the privilege of using, copyrights, patents, designs,
secret processes and formulae, trade-marks, and other like property, are
exempt from United States tax under the provisions of Article VIII(1)
and (3) of the convention if such alien or corporation is subject to
Irish tax on such income and at no time during the taxable year had a
permanent establishment within the United States. Such items of income
[[Page 59]]
are, therefore, not subject to the withholding provisions of the
Internal Revenue Code. As to what constitutes a permanent establishment,
see Article II(1)(l) of the convention.
(b) The provisions of Sec. 513.2(a) relating to the degree of
liability to Irish tax in the case of dividends are equally applicable
with respect to the income falling within the scope of this section.
(c) To obviate withholding at the source in the case of such items
the nonresident alien resident in Ireland for the purposes of Irish tax,
or the foreign corporation whose business is managed and controlled in
Ireland, shall notify the withholding agent by letter in duplicate that
such income is exempt from United States tax under the provisions of
Article VIII of the convention. The provisions of Sec. 513.3(b) relating
to the execution, filing, and effective period of the letter of
notification prescribed therein with respect to interest are equally
applicable with respect to the income falling within the scope of this
section.
(d) Each letter of notification, or the duplicate thereof, must be
immediately forwarded by the withholding agent to the Commissioner of
Internal Revenue, Clearing Branch, Washington 25, D.C.
Effective Date Note: By T.D. 8734, 62 FR 53498, Oct. 14, 1997,
Sec. 513.4 was revised, 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. For the convenience of the user, the revised text is
set forth as follows:
Sec. 513.4 Patent and copyright royalties and film rentals.
The provisions of Sec. 513.2 relating to the degree of liability to
Irish tax in the case of dividends are equally applicable with respect
to the income falling within the scope of this section.
[62 FR 53498, Oct. 14, 1997]