[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: 26CFR503.6]
[Page 22-23]
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. 503.6 Release of excess tax withheld at source.
(a) General. (1) In order to give the convention effective
application at the earliest practicable date, the exemptions from, and
reduction in the rate of, withholding of United States tax at source
granted by this Treasury decision are hereby made effective beginning
January 1, 1954, contingent upon compliance with the applicable
provisions of Secs. 503.2 through 503.5.
(2) In the case of dividends and interest paid by a German company
(other than a United States corporation) to a nonresident alien or to a
foreign corporation, if United States tax at the statutory rate has been
withheld on or after January 1, 1954, there shall be released by the
withholding agent and paid over to the person from whom it was withheld,
an amount equal to the tax so withheld from such items.
(3) In the case of every taxpayer whose address at the time of
payment was in the Federal Republic of Germany and who furnishes to the
withholding agent the letter of notification prescribed in
Secs. 503.2(b), 503.3(b), 503.4(b), and 503.5(b) as authorization for
the release of excess tax withheld, if United States tax at the
statutory rate has been withheld on or after January 1, 1954, from the
items of income in respect of which such letter is prescribed in such
sections, there shall be released (except as provided in paragraph (b)
of this section) by the withholding agent and paid over to the person
from whom it was withheld:
(i) In the case of dividends, the difference between the tax so
withheld and the tax required to be withheld pursuant to Sec. 503.2(b);
and
(ii) In the case of interest (other than coupon bond interest),
copyright royalties and other items to which Sec. 503.4 is applicable,
and private pensions and private life annuities as defined in Article XI
of the convention, an amount equal to the tax so withheld from such
items.
(4) In the case of every taxpayer whose address at the time of
payment was in the Federal Republic of Germany and who furnishes to the
withholding agent Form 1001-GER clearly marked ``Substitute'' and
executed in accordance with Sec. 503.3(b), if United States tax at the
statutory rate has been withheld from coupon bond interest on or after
January 1, 1954, there shall be released by the withholding agent and
paid over to the person from whom it was withheld an amount equal to the
tax so withheld from such interest. One such substitute form shall be
filed in duplicate with respect to each
[[Page 23]]
issue of bonds and will serve with respect to that issue to replace all
Forms 1001 previously filed by the taxpayer in the calendar year in
which the excess tax was withheld and with respect to which such excess
is released.
(5) The original and duplicate of substitute Form 1001-GER shall be
forwarded by the withholding agent to the District Director of Internal
Revenue, Audit Division, Alien Returns Section, Baltimore 2, Maryland,
with the quarterly return on Form 1012. Substitute Form 1001-GER need
not be listed on Form 1012.
(b) Interest paid where degree of stock ownership is determined. If
United States tax at the statutory rate has been withheld on or after
January 1, 1954, from dividends described in Sec. 503.2(a)(2) and paid
to a German company (other than a United States corporation), and if 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 withholding agent shall
release and pay over to the German company the difference between the
tax so withheld and the tax required to be withheld pursuant to
Sec. 503.2(b), only if the German company (1) furnishes to the
withholding agent a copy of the Commissioner's authorization of release
prescribed in Sec. 503.2(c)(5), and (2) files the letter of notification
prescribed in Sec. 503.2(b)(1).