[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: 26CFR514.2]
[Page 66]
TITLE 26--INTERNAL REVENUE
CHAPTER 1--INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY
(Continued)
PART 514--FRANCE--Table of Contents
Subpart--Withholding of Tax
Sec. 514.2 Dividends.
(a) General. (1) The rate of United States tax imposed by the
Internal Revenue Code upon dividends derived from sources within the
United States on or after January 1, 1952, by a nonresident alien
(including a nonresident alien individual, fiduciary, and partnership)
who is a resident of France when such dividend is so paid, or by a
French corporation, shall not exceed 15 percent if such alien or
corporation at no time during the taxable year in which such dividends
are so received has no permanent establishment within the United States.
Article I(a) of the convention, signed June 22, 1956. As to what
constitutes a ``permanent establishment'' see Protocol III(a), in
Sec. 514.1.
(2) Thus, if a nonresident alien individual who is a resident of
France performs personal services within the United States during the
taxable year 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 from United States
sources, as provided in Article I(d) of the convention even though under
the provisions of section 871(c) of the Internal Revenue Code of 1954 he
has engaged in trade or business within the United States during such
year by reason of his having rendered personal services therein.
(b) Effect of address in France on withholding in the case of
dividends. For the purpose of withholding of United States tax in the
case of dividends, every nonresident alien (including a nonresident
alien individual, fiduciary, and partnership) whose address is in France
shall be deemed by United States withholding agents to be a nonresident
alien who is a resident of France not having a permanent establishment
in the United States; and every foreign corporation whose address is in
France shall be deemed by such withholding agents to be a French
corporation not having a permanent establishment in the United States.
(c) Rate of withholding. (1) Withholding at source in the case of
dividends derived from sources within the United States and paid on or
after January 1, 1957, to nonresident aliens (including a nonresident
alien individual, fiduciary, and partnership) and to foreign
corporations, whose addresses are in France, shall be at the rate of 15
percent in every case except that in which, prior to the date of payment
of such dividends, the Commissioner of Internal Revenue has notified the
withholding agent that the reduced rate of withholding shall not apply.
(2) The preceding provisions respecting the application of the
reduced withholding rate in the case of dividends paid to nonresident
aliens and foreign corporations with addresses in France 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 United States upon such dividend. As to action by
the recipient who is not the owner of the dividend, see Sec. 514.3.
(3) The rate at which the United States tax has been withheld from
any dividend paid at any time after the expiration of the thirtieth day
after the date on which Secs. 514.1 to 514.10 are published in the
Federal Register to any person whose address is in France at the time
the dividend is paid shall be shown either in writing or by appropriate
stamp on the check, draft, or other evidence of payment or on an
accompanying statement.