[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: 26CFR509.120]
[Page 49]
TITLE 26--INTERNAL REVENUE
CHAPTER 1--INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY
(Continued)
PART 509--SWITZERLAND--Table of Contents
Subpart--General Income Tax
Sec. 509.120 Double taxation claims.
(a) General. Under Article XVII of the convention, where the
taxpayer shows proof that the action of the tax authorities of the
United States or Switzerland has resulted, or will result, in double
taxation contrary to the provisions of the convention, he is entitled to
present the facts to the country of which he is a citizen; or, if he is
not a citizen of either country, to the country of which he is a
resident; or, if the taxpayer is a corporation or other entity, to the
country in which it is created or organized. The article provides that,
should the taxpayer's claim be deemed worthy of consideration, the
competent authority of the country to which the facts are presented
shall undertake to come to an agreement with the competent authority of
the other country with a view to equitable avoidance of the double
taxation in question.
(b) Manner of filing claim. Such a claim on behalf of a United
States citizen, corporation, or other entity, or on behalf of a resident
of the United States who is not a Swiss citizen, shall be filed with the
Commissioner. The claim shall be set up in the form of a letter
addressed to ``The Commissioner of Internal Revenue, Washington, D.C.''
and shall show fully all facts and laws on the basis of which the
claimant alleges that such double taxation has resulted or will result.
If the Commissioner determines that there is an appropriate basis for
the claim under the convention, he shall take up the matter with the
Director of the Federal Tax Administration with a view to arranging an
agreement of the character contemplated by Article XVII.