Fabio
76b8ec33a7
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 -> 59,740; repo total 105,704 records. Deterministic (byte-identical rerun, verified on Title 42's 8,356 sections); make check green. make legal-us-code default now covers every title. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
76 lines
3.6 KiB
Markdown
76 lines
3.6 KiB
Markdown
---
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type: "LegalText"
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title: "26 U.S.C. § 1472"
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description: "Withholdable payments to other foreign entities"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 26
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title_name: "INTERNAL REVENUE CODE"
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chapter_number: "4"
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chapter_name: "TAXES TO ENFORCE REPORTING ON CERTAIN FOREIGN ACCOUNTS"
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section: "1472"
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citation: "26 U.S.C. § 1472"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc26@119-100.zip"
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source_identifier: "/us/usc/t26/s1472"
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source_file: "data/legal/raw/us/code/title-26/usc26.xml"
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source_hash: "d8438325874cbd69bf6eb8d34dc45694d785a7ba2242d32d235bd401b8df2a91"
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raw_snapshot_hash: "a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4"
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text_hash: "30f7f31b86657af1360abf5e8ff631713935803b100c1a4158ccc7fe2ba3f89c"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 26 U.S.C. § 1472 - Withholdable payments to other foreign entities
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## Text
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(a) In general In the case of any withholdable payment to a non-financial foreign entity, if—
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(1) the beneficial owner of such payment is such entity or any other non-financial foreign entity, and
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(2) the requirements of subsection (b) are not met with respect to such beneficial owner,
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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.
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(b) Requirements for waiver of withholding The requirements of this subsection are met with respect to the beneficial owner of a payment if—
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(1) such beneficial owner or the payee provides the withholding agent with either—
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(A) a certification that such beneficial owner does not have any substantial United States owners, or
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(B) the name, address, and TIN of each substantial United States owner of such beneficial owner,
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(2) the withholding agent does not know, or have reason to know, that any information provided under paragraph (1) is incorrect, and
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(3) the withholding agent reports the information provided under paragraph (1)(B) to the Secretary in such manner as the Secretary may provide.
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(c) Exceptions Subsection (a) shall not apply to—
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(1) except as otherwise provided by the Secretary, any payment beneficially owned by—
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(A) any corporation the stock of which is regularly traded on an established securities market,
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(B) any corporation which is a member of the same expanded affiliated group (as defined in section 1471(e)(2) without regard to the last sentence thereof) as a corporation described in subparagraph (A),
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(C) any entity which is organized under the laws of a possession of the United States and which is wholly owned by one or more bona fide residents (as defined in section 937(a)) of such possession,
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(D) any foreign government, any political subdivision of a foreign government, or any wholly owned agency or instrumentality of any one or more of the foregoing,
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(E) any international organization or any wholly owned agency or instrumentality thereof,
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(F) any foreign central bank of issue, or
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(G) any other class of persons identified by the Secretary for purposes of this subsection, and
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(2) any class of payments identified by the Secretary for purposes of this subsection as posing a low risk of tax evasion.
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(d) Non-financial foreign entity For purposes of this section, the term “non-financial foreign entity” means any foreign entity which is not a financial institution (as defined in section 1471(d)(5)).
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(Added Pub. L. 111–147, title V, § 501(a), Mar. 18, 2010, 124 Stat. 102.)
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