[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: 26CFR514.9]

[Page 71]
 
                       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. 514.9  Refund of excess tax withheld.

    (a) Years 1952, 1953, 1954, 1955, 1956. Where the tax withheld at 
the source upon dividends and interest paid in any one or more of the 
calendar years 1952, 1953, 1954, 1955, and 1956 is in excess of the tax 
due from the taxpayer under the convention, supplemented as set forth 
above, it will be necessary for the taxpayer to file an income tax 
return (Form 1040NB France for individuals and Form 1120NB France for 
corporations) with respect to such taxable year or years. The return 
shall cover all years for which a refund is claimed. The return must be 
filed on or before June 13, 1959. One return shall cover all years for 
which a refund is claimed. The taxpayer's total fixed or determinable, 
annual or periodical income (other than royalties) from sources within 
the United States should be reported on the return, and the income for 
each taxable year should be shown separately. There shall also be shown 
on such returns the amounts, if any, received in any of such years of 
capital gains (other than gains from the sale or exchange of stocks, 
securities or commodities) from sources within the United States. For 
this purpose, beginning with the calendar year 1954, certain 
distributions from employees' trusts, and amounts received incident to 
disposal of timber or coal or patent rights shall be included in such 
capital gains. See section 871(a)(1) of the Internal Revenue Code of 
1954 for provisions pertaining to individual taxpayers and section 
881(a) for provisions pertinent to corporate taxpayers. There shall be 
included with the return the following statements:
    (1) That the taxpayer was a nonresident alien (including a 
nonresident alien individual, fiduciary, or partnership) resident in 
France or was a French corporation, during the year or years for which 
the return is filed;
    (2) That the taxpayer had no permanent establishment in the United 
States during the respective years in which the income was received;
    (3) That no penalty for fraud has been imposed by the United States 
against the taxpayer claimant with respect to income tax for the year or 
years for which the return is filed.

In addition to the above statements, all information requested on the 
return must be furnished. Any tax paid in excess of that due from the 
owner of the income will be refunded by the United States Government as 
required by law. For the purpose of refund of excess tax withheld 
resulting from the tax convention, a properly executed return on Form 
1040NB France or Form 1120NB France shall constitute a claim for refund 
or credit for the amount of the overpayment disclosed by such return.
    (b) Date of payment of tax. The United States tax withheld from 
dividends and interest derived from sources within the United States by 
nonresident aliens, or by a foreign corporation not engaged in trade or 
business in the United States, is deemed to have been paid on March 15 
of the calendar year immediately succeeding that in which such income 
has been so derived. Section 1461, Internal Revenue Code of 1954. Hence, 
the United States tax withheld from dividends and interest derived by 
such aliens resident in France and such French corporations for the 
years 1952, 1953, 1954, 1955, and 1956 is deemed to have been paid, 
respectively, on March 15, 1953, March 15, 1954, March 15, 1955, March 
15, 1956, and March 15, 1957.