[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: 26CFR516.8]

[Page 109]
 
                       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. 516.8  Beneficiaries of an estate or trust.

    (a) Entitled to benefit of convention. If he otherwise satisfies the 
requirements of the respective articles concerned, a nonresident alien 
who is a beneficiary of an estate or trust shall be entitled to the 
exemption from, or reduction in the rate of, United States tax granted 
by Articles VI, VII, VIII, and XIV of the convention with respect to 
dividends, interest, and copyright royalties and other like amounts, to 
the extent that (1) any amount paid, credited, or required to be 
distributed by such estate or trust to such beneficiary is deemed to 
consist of such items, and (2) such items would, without regard to the 
convention, be includible in his gross income.
    (b) Withholding of United States tax. In order to be entitled in 
such instance to the exemption from, or reduction in rate of, 
withholding of United States tax, the beneficiary must otherwise satisfy 
such requirements and shall, where applicable, execute and submit to the 
fiduciary of the estate or trust in the United States the appropriate 
letter of notification prescribed in Secs. 516.4(d)(2), 516.5(a)(2) and 
(b)(2).
    (c) Amounts otherwise includible in gross income of beneficiary. For 
the determination of amounts which, without regard to the convention, 
are includible in the gross income of the beneficiary, see subchapter J 
of chapter 1 of the Internal Revenue Code of 1954, and the regulations 
thereunder (Secs. 1.641-1 to 1.692-1 of this chapter).