[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: 26CFR521.116]
[Page 152-153]
TITLE 26--INTERNAL REVENUE
CHAPTER 1--INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY
(Continued)
PART 521--DENMARK--Table of Contents
Subpart--General Income Tax
Sec. 521.116 Reciprocal administrative assistance.
(a) General. (1) By Article XVII of the convention, the United
States and Denmark adopt the principle of exchange of such information
as is necessary for carrying out the provisions of the convention or for
the prevention of fraud or for the detection of practices which are
aimed at reduction of the revenues of either country, but not including
information which would disclose a trade, business, industrial or
professional secret or trade process.
(2) The information and correspondence relative to exchange of
information may be transmitted directly by the Commissioner of Internal
Revenue to the Chief of the Taxation Department of the Ministry of
Finance (Generaldirektoren for Skattevaesenet) of Denmark.
(b) Information to be furnished in due course. (1) Pursuant to such
principle, withholding agents shall, in the preparation of withholding
returns, Form 1042, report on such returns, for the calendar year 1949
and each subsequent calendar year, in addition to the items of income
upon which tax has been withheld at the source, those items of income
paid to a nonresident alien individual resident in Denmark, or to a
Danish corporation, upon which tax has not been withheld at the source.
Such return shall show the same information with respect to such items
of income upon which tax has not been withheld at the source as is shown
with respect to items of income upon which the tax has been withheld at
the source.
(2) In accordance with the provisions of Article XVII of the
convention, the Commissioner of Internal Revenue will transmit to the
Chief of the Taxation Department of the Ministry of Finance
[[Page 153]]
of Denmark, as soon as practicable after the close of the calendar year
1949, and of each calendar year thereafter during which the convention
is in effect, the following information relating to such calendar year:
The names and addresses of all persons whose addresses are in Denmark as
disclosed on such withholding return, Form 1042, deriving from sources
within the United States dividends interest (other than coupon bond
interest), rents, royalties, salaries, wages, pensions, annuities and
other fixed or determinable annual or periodical profits or income, and
the amount of such income with respect to such persons as disclosed on
such return, together with ownership certificate, Form 1001-D, filed in
connection with coupon bond interest. Such transmission shall constitute
compliance with Article XVII of the convention and of Secs. 521.101 to
521.117.
(c) Information in specific cases. Under the provisions and
limitations of Article XVII of the convention, and subject to the
provisions of Article XIX and Article XXII of the convention, and upon
the request of the Chief of the Taxation Department of the Ministry of
Finance of Denmark, the Commissioner of Internal Revenue shall furnish
to the Chief of the Taxation Department information available to or
obtainable by the Commissioner of Internal Revenue relative to the tax
liability of any person under the revenue laws of Denmark in any case in
which such information is necessary to the administration of the
provisions of the convention or for the prevention of fraud or the
administration of statutory provisions against tax avoidance.