Par. 5. Section 1.1445-4 is amended by revising paragraphs (a)(2) and (b)(2) and adding paragraph (g) to read as follows:
(a) * * *
(2) The transferee is furnished with a non-foreign certification pursuant to § 1.1445-2(b)(2) or a certification regarding qualified holder status provided on Form W-8EXP and either:
(i) The agent knows that the certification is false; or
(ii) The agent represents a transferor that is a foreign corporation that is not a qualified holder. An agent that represents a transferor that is a foreign corporation is not required to provide notice to the transferee if the foreign corporation provided a non-foreign certification or certification regarding qualified holder status provided on Form W-8EXP, as applicable, to the transferee prior to such agent's employment and the agent does not know that the corporation did so.
(b) * * *
(2) The entity or fiduciary is furnished with a non-foreign certification pursuant to § 1.1445-5(b)(3)(ii) or a certification regarding qualified holder status provided on Form W-8EXP and either:
(i) The agent knows that such certification is false; or
(ii) The agent represents a foreign corporation (other than a qualified holder) that made such a certification.
* * * * *
(g) Certain applicability dates. Paragraphs (a)(2) and (b)(2) of this section, as revised by the Treasury decision adopting these rules as final regulations, apply with respect to dispositions of U.S. real property interests and distributions described in section 897(h) occurring on or after the date of publication of the Treasury decision adopting these rules as final regulations in the Federal Register .