§ 1472(a)

withholding agent must withhold 30 percent

UNDECIDED

0 of 2 settled

  1. 1

    § 1472(a)

    ALL OF

    In the case of any withholdable payment to a non-financial foreign entity, if—

    “In the case of any withholdable payment to a non-financial foreign entity,” Opening words
    “the beneficial owner of such payment is such entity or any other non-financial foreign entity, and” § 1472(a)(1)
    “the requirements of subsection (b) are not met with respect to such beneficial owner,” § 1472(a)(2) unless Step 2 Requirements of this subsection are met UNDECIDED

    then the withholding agent with respect to such payment shall deduct and withhold from such payment a tax equal to 30 percent of the amount of such payment.

  2. 2

    § 1472(b)

    Requirements of this subsection are met

    ALL OF

    The requirements of this subsection are met with respect to the beneficial owner of a payment if—

    “with respect to the beneficial owner of a payment” Opening words
    “such beneficial owner or the payee provides the withholding agent with either— a certification that such beneficial owner does not have any substantial United States owners, or the name, address, and TIN of each substantial United States owner of such beneficial owner,” § 1472(b)(1)

    “Substantial” implies facts and circumstances. No regulation cites this provision (eCFR, Oct 19, 2026)

    “the withholding agent does not know, or have reason to know, that any information provided under paragraph (1) is incorrect, and” § 1472(b)(2)
    “the withholding agent reports the information provided under paragraph (1)(B) to the Secretary in such manner as the Secretary may provide.” § 1472(b)(3)