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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 26 U.S.C. § 5000C Imposition of tax on certain foreign procurement us united_states_code code_section 26 INTERNAL REVENUE CODE 50 FOREIGN PROCUREMENT 5000C 26 U.S.C. § 5000C current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc26@119-100.zip /us/usc/t26/s5000C data/legal/raw/us/code/title-26/usc26.xml 8e76ca0b0147fe3bb4eb3158bb256566d66a30a3623231d4496dece252acb14f a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 c14e4d82841f92cdc507f8239f2d0e9d966b3be22ec2158ec07f90e9cc42c881 2026-07-04 official
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26 U.S.C. § 5000C - Imposition of tax on certain foreign procurement

Text

(a) Imposition of tax There is hereby imposed on any foreign person that receives a specified Federal procurement payment a tax equal to 2 percent of the amount of such specified Federal procurement payment.

(b) Specified Federal procurement payment For purposes of this section, the term “specified Federal procurement payment” means any payment made pursuant to a contract with the Government of the United States for—

(1) the provision of goods, if such goods are manufactured or produced in any country which is not a party to an international procurement agreement with the United States, or

(2) the provision of services, if such services are provided in any country which is not a party to an international procurement agreement with the United States.

(c) Foreign person For purposes of this section, the term “foreign person” means any person other than a United States person.

(d) Administrative provisions (1) Withholding The amount deducted and withheld under chapter 3 shall be increased by the amount of tax imposed by this section on such payment.

(2) Other administrative provisions For purposes of subtitle F, any tax imposed by this section shall be treated as a tax imposed by subtitle A.

(Added Pub. L. 111347, title III, § 301(a)(1), Jan. 2, 2011, 124 Stat. 3666.)

Notes

Statutory Notes and Related Subsidiaries

Effective DatePub. L. 111347, title III, § 301(a)(3), Jan. 2, 2011, 124 Stat. 3666, provided that: “The amendments made by this subsection [enacting this section] shall apply to payments received pursuant to contracts entered into on and after the date of the enactment of this Act [Jan. 2, 2011].”

Prohibition on Reimbursement of FeesPub. L. 111347, title III, § 301(b), Jan. 2, 2011, 124 Stat. 3666, provided that: “(1) In general.—The head of each executive agency shall take any and all measures necessary to ensure that no funds are disbursed to any foreign contractor in order to reimburse the tax imposed under section 5000C of the Internal Revenue Code of 1986. “(2) Annual review.—The Administrator for Federal Procurement Policy shall annually review the contracting activities of each executive agency to monitor compliance with the requirements of paragraph (1). “(3) Executive agency.—For purposes of this subsection, the term executive agency has the meaning given the term in section 4 of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 403) [see 41 U.S.C. 133].”

ApplicationPub. L. 111347, title III, § 301(c), Jan. 2, 2011, 124 Stat. 3666, provided that: “This section [enacting this section and provisions set out as notes under this section] and the amendments made by this section shall be applied in a manner consistent with United States obligations under international agreements.”