[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: 26CFR516.3]
[Page 104-105]
TITLE 26--INTERNAL REVENUE
CHAPTER 1--INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY
(Continued)
PART 516--AUSTRIA--Table of Contents
Subpart--Withholding of Tax
Sec. 516.3 Dividends received by addressee not actual owner.
(a) Additional tax to be withheld--(1) Nominee or representative. If
the recipient in Austria of any dividend from which tax has been
withheld at a reduced rate pursuant to Sec. 516.2(d)(2) is a
[[Page 105]]
nominee or representative through whom the dividend is received by a
person other than one described in Sec. 516.2(b), such nominee or
representative shall withhold an additional amount of United States tax
equivalent to the United States tax which would have been withheld if
the convention had not been in effect (30 percent as of the date of
approval of Secs. 516.1 to 516.12) minus the amount which has been
withheld at the source.
(2) Fiduciary or partnership. If a fiduciary or a partnership with
an address in Austria receives, otherwise than as a nominee or
representative, a dividend from which United States tax has been
withheld at a reduced rate pursuant to Sec. 516.2(d)(2), such fiduciary
or partnership shall withhold an additional amount of United States tax
from the portion of the dividend included in the gross income from
sources within the United States of any beneficiary or partner, as the
case may be, who is not entitled to the reduced rate of tax in
accordance with Sec. 516.2(b). The amount of the additional tax is to be
calculated in the same manner as under subparagraph (1) of this
paragraph.
(3) Released amounts of tax. If any amount of United States tax is
released pursuant to Sec. 516.9(a)(2) by the withholding agent in the
United States with respect to a dividend paid to such a person (nominee,
representative, fiduciary, or partnership) with an address in Austria,
the latter shall withhold from such released amount any additional
amount of United States tax, otherwise required to be withheld from the
dividend by the provisions of subparagraphs (1) and (2) of this
paragraph, in the same manner as if at the time of payment of the
dividend United States tax at the reduced rate prescribed by
Sec. 516.2(d)(2) had been withheld at source from such dividend.
(b) Returns filed by Austrian withholding agents. The amounts
withheld pursuant to paragraph (a) of this section by any withholding
agent in Austria shall be deposited, without converting the amounts into
United States dollars, with the Austrian Federal Ministry of Finance on
or before the 15th day after the close of the quarter of the calendar
year in which the withholding in Austria occurs. The withholding agent
making the deposit shall render therewith such appropriate Austrian form
as may be prescribed by the Federal Ministry of Finance. The amounts so
deposited should be remitted by the Federal Ministry of Finance by draft
in United States dollars, on or before the end of the calendar month in
which the deposit is made, to the Director of International Operations,
Internal Revenue Service, Washington, D.C., U.S.A. The remittance should
be accompanied by such Austrian forms as may be required to be rendered
by the withholding agent in Austria in connection with the deposit.