Publicly Traded Partnerships
A publicly traded partnership that has effectively connected income,
gain, or loss must pay withholding tax on any distributions of that income made to
its foreign partners. A publicly traded partnership must use Forms 1042 and 1042-S (
Income Code 27) to report withholding from distributions. The rate of withholding is
38.6%.
A publicly traded partnership is any partnership an interest in which is regularly
traded on an established securities market or is readily tradable on a secondary market.
These rules do not apply to a publicly traded partnership treated as a corporation under
section 7704 of the Internal Revenue Code.
Foreign partner. The
partnership determines whether a partner is a foreign partner using the rules discussed
earlier under Foreign Partner.
Election to withhold on effectively connected taxable income. A
publicly traded partnership can elect to withhold on its effectively connected taxable
income allocable to foreign partners instead of on its actual distributions. The
partnership makes this election by filing Forms 8804, 8805, and 8813 and by complying with
the payment and reporting requirements for those forms, as discussed earlier.
The election must be made by the date on which Form 8804 is due for the partnership's
first tax year. The partnership must attach a statement to the Form 8804 indicating it is
making the election. Once the election has been made, it can be revoked only with the
consent of the IRS.
Distributions subject to NRA withholding. If the election to
withhold on effectively connected taxable income is not made, the partnership must
withhold tax on any actual distributions of money or property to foreign partners. In the
case of a partnership that receives a partnership distribution from another partnership (a
tiered partnership), the distribution also includes the tax withheld from that
distribution.
If the distribution is in property other than money, the partnership cannot release the
property until it has enough funds to pay over the withholding tax.
A publicly traded partnership that complies with these withholding requirements
satisfies the requirements discussed later under U.S. Real Property Interest.
Distributions subject to withholding include:
- The fair market value of U.S. real property interests distributed to a partner and
potentially subject to withholding under section 1445(e)(4) of the Internal Revenue Code,
- Amounts subject to NRA withholding under section 1445(e)(1) of the Internal Revenue Code
on distributions pursuant to an election under section 1.1445-5(c)(3) of the regulations,
and
- Amounts not subject to NRA withholding under section 1445 of the Internal Revenue Code
because the distributee is a partnership or is a foreign corporation that has made an
election to be treated as a domestic corporation.
Excluded amounts. Partnership distributions are first
considered to be paid out of the following types of income in the order listed. To the
extent the partnership has this type of income, it is excluded from the distributions
subject to withholding discussed in this section.
- Amounts of noneffectively connected income distributed by the partnership and subject to
NRA withholding discussed earlier.
- Amounts attributable to recurring dispositions of crops and timber for which an election
is made to made to withhold under section 1.1445-5(c)(3)(iv) of the regulations.
- Amounts attributable to the disposition of a U.S. real property interest subject to the
withholding rules discussed next under U.S. Real Property Interest.
For more information about the withholding requirements for publicly traded
partnerships, see Revenue Procedure 89-31 in Cumulative Bulletin 1989-1.
U.S. Real
Property Interest
The disposition of a U.S. real property interest by a foreign
person (the transferor) is subject to income tax withholding. If you are the tranferee,
you must find out if the transferor is a foreign person. If the transferor is a foreign
person and you fail to withhold, you may be held liable for the tax.
A foreign person is a nonresident alien individual, foreign corporation
that has not made an election under section 897(i) of the Internal Revenue Code to be
treated as a domestic corporation, foreign partnership, foreign trust, or foreign estate.
It does not include a resident alien individual.
The term transferor means any foreign person that disposes of a U.S.
real property interest by sale, exchange, gift, or any other transfer. A transfer includes
distributions to shareholders of a corporation, partners of a partnership, and
beneficiaries of a trust or estate.
The term transferee means any person, foreign or domestic, that
acquires a U.S. real property interest by purchase, exchange, gift, or any other transfer.
The term U.S. real property interest means an interest, other than as a
creditor, in real property (including an interest in a mine, well, or other natural
deposit) located in the United States or the Virgin Islands, as well as certain personal
property that is associated with the use of real property (such as farming machinery). It
also means any interest, other than as a creditor, in any domestic corporation unless it
is established that the corporation was at no time a U.S. real property holding
corporation during the shorter of the period during which the interest was held, or the
5-year period ending on the date of disposition. If on the date of disposition, the
corporation did not hold any U.S. real property interests, and all the interests held at
any time during the shorter of the applicable periods were disposed of in transactions in
which the full amount of any gain was recognized, then an interest in the corporation is
not a U.S. real property interest.
Amount to withhold. The transferee must deduct and withhold a tax
equal to 10% (or other amount) of the total amount realized on the disposition (for
example, 10% of the purchase price).
The amount realized by the transferor is the sum of:
- The cash paid, or to be paid (principal only),
- The fair market value of other property transferred, or to be transferred, and
- The amount of any liability assumed by the transferee or to which the property is
subject immediately before and after the transfer.
Foreign corporations. A foreign corporation that
distributes a U.S. real property interest must withhold a tax equal to 35% of the gain it
recognizes on the distribution to its shareholders.
Domestic corporations. A domestic corporation must withhold
a tax equal to 10% of the fair market value of the property distributed to a foreign
shareholder if:
- The shareholder's interest in the corporation is a U.S. real property interest, and
- The property distributed is either in redemption of stock or in liquidation of the
corporation.
U.S. real property holding corporations. Distributions from
a domestic corporation that is a U.S. real property holding corporation (USRPHC) is
generally subject to NRA withholding and withholding under the U.S. real property interest
provisions. This also applies to a corporation that was a USRPHC at any time during the
shorter of the period during which the U.S. real property interest was held, or the 5-year
period ending on the date of disposition. A USRPHC can satisfy both withholding provisions
if it withholds under one of the following procedures.
- Apply NRA withholding on the full amount of the distribution, whether or not any portion
of the distribution represents a return of basis or capital gain. If a reduced tax rate
applies under an income tax treaty, then the rate of withholding must not be less than
10%, unless the treaty specifies a lower rate for distributions from a USRPHC.
- Apply NRA withholding to the portion of the distribution that the USRPHC estimates is a
dividend. Then, withhold 10% on the remainder of the distribution (or on a smaller amount
if a withholding certificate is obtained and the amount of the distribution that is a
return of capital is established).
The same procedure must be used for all distributions made during the year. A different
procedure may be used each year.
Partnerships. If a domestic partnership that is not
publicly traded disposes of a U.S. real property interest at a gain, the gain is treated
as effectively connected income and is subject to the rules explained earlier under Partnership
Withholding on Effectively Connected Income.
A publicly traded partnership that disposes of a U.S. real property interest must
withhold tax on distributions to foreign partners, unless it elects to withhold based on
effectively connected taxable income allocable to foreign partners as discussed earlier
under Publicly Traded Partnerships.
Trusts and estates. You are a withholding agent if you are
a trustee, fiduciary, or executor of a trust or estate having one or more foreign
beneficiaries. You must establish a U.S. real property interest account. You enter in the
account all gains and losses realized during the taxable year of the trust or estate from
dispositions of U.S. real property interests. You must withhold 35% on any distribution to
a foreign beneficiary that is attributable to the balance in the real property interest
account on the day of the distribution. A distribution from a trust or estate to a
beneficiary (foreign or domestic) will be treated as attributable first to any balance in
the U.S. real property interest account and then to other amounts.
A trust with more than 100 beneficiaries may elect to withhold from each distribution
35% of the amount attributable to the foreign beneficiary's proportionate share of the
current balance of the trust's real property interest account. This election does not
apply to publicly traded trusts or real estate investment trusts (REITs). For more
information about this election, see section 1.1445-5(c) of the regulations.
Publicly traded trusts and REITs must withhold on distributions of U.S. real property
interests to foreign persons. The withholding rate is 35%. For more information, see
section 1.1445-8 of the regulations.
Additional information. For additional information on the withholding
rules that apply to corporations, trusts, estates, and REITs, see section 1445 of the
Internal Revenue Code and the related regulations. For additional information on the
withholding rules that apply to partnerships, see the previous discussion.
You may also
write to the:
Internal Revenue Service Center
P.O. Box 21086
Drop Point 8731 FIRPTA Unit
Philadelphia, PA 19114-0586.
Exceptions. You do not have to withhold if any of the following
apply.
- You (the transferee) acquire the property for use as a home and the amount realized
(sales price) is not more than $300,000. You or a member of your family must have definite
plans to reside at the property for at least 50% of the number of days the property is
used by any person during each of the first two 12-month periods following the date of
transfer. When counting the number of days the property is used, do not count the days the
property will be vacant.
- The property disposed of (other than certain dispositions of nonpublicly traded
interests) is an interest in a domestic corporation if any class of stock of the
corporation is regularly traded on an established securities market. However, if the class
of stock had been held by a foreign person who beneficially owned more than 5% of the fair
market value of that class at any time during the previous 5-year period, then that
interest is a U.S. real property interest if the corporation qualifies as a USRPHC, and
you must withhold on it.
- The disposition is of an interest in a domestic corporation and that corporation
furnishes you a certification stating, under penalties of perjury, that the interest is
not a U.S. real property interest. Generally, the corporation can make this certification
only if the corporation was not a USRPHC during the previous 5 years (or, if shorter, the
period the interest was held by its present owner), or as of the date of disposition, the
interest in the corporation is not a U.S. real property interest by reason of section
897(c)(1)(B) of the Internal Revenue Code. The certification must be dated not more than
30 days before the date of transfer.
- The transferor gives you a certification stating, under penalties of perjury, that the
transferor is not a foreign person and containing the transferor's name, U.S. taxpayer
identification number, and home address (or office address, in the case of an entity).
- You receive a withholding certificate from the Internal Revenue Service that excuses
withholding. See Withholding Certificates, later.
- The transferor gives you written notice that no recognition of any gain or loss on the
transfer is required because of a nonrecognition provision in the Internal Revenue Code or
a provision in a U.S. tax treaty. You must file a copy of the notice by the 20th day after
the date of transfer with the Internal Revenue Service Center, P.O. Box 21086, Drop Point
8731 FIRPTA Unit, Philadelphia, PA 19114-0586.
- The amount the transferor realizes on the transfer of a U.S. real property interest is
zero.
- The property is acquired by the United States, a U.S. state or possession, a political
subdivision, or the District of Columbia.
- The grantor realizes an amount on the grant or lapse of an option to acquire a U.S. real
property interest. However, you must withhold on the sale, exchange, or exercise of that
option.
- The disposition (other than certain dispositions of nonpublicly traded interests) is of
publicly traded partnerships or trusts. However, if an interest in a publicly traded
partnership or trust was owned by a foreign person with a greater than 5% interest at any
time during the previous 5-year period, then that interest is a U.S. real property
interest if the partnership or trust would otherwise qualify as a USRPHC if it were a
corporation, and you must withhold on it.
Certifications. The certifications in items (3) and (4) are
not effective if you have actual knowledge, or receive a notice from an agent, that they
are false. If you are required by regulations to furnish a copy of the certification to
the IRS and you fail to do so in the time and manner prescribed, the certifications are
not effective.
Liability of agents. If
you receive either of the certifications discussed in item (3) or (4) and the transferor's
agent or your agent (the transferee's agent) has actual knowledge that the
certification is false, or in the case of (3), that the corporation is a foreign
corporation, the agent must notify you, or the agent will be held liable for the tax. The
agent's liability is limited to the amount of compensation the agent gets from the
transaction.
An agent is any person who represents the transferor or transferee in any negotiation
with another person (or another person's agent) relating to the transaction, or in
settling the transaction. A person is not treated as an agent if the person only performs
one or more of the following acts related to the transaction:
- Receipt and disbursement of any part of the consideration,
- Recording of any document,
- Typing, copying, and other clerical tasks,
- Obtaining title insurance reports and reports concerning the condition of the property,
or
- Transmitting documents between the parties.
Reporting and
Paying the Tax
Transferees must use Forms 8288 and 8288-A to report and pay over any
tax withheld on the acquisition of U.S. real property interests. These forms must
also be used by corporations, partnerships, estates, and trusts that must withhold tax on
distributions and other transactions involving U.S. real property interests.
For partnerships disposing of U.S. real property interests, the manner of reporting and
paying over the tax withheld is the same as discussed earlier under Partnership
Withholding on Effectively Connected Income.
For publicly traded trusts and real estate investment trusts, you must use Forms 1042
and 1042-S for reporting and paying over tax withheld on distributions from dispositions
of U.S. real property interests. Use Income Codes 24, 25, and 26 on Form 1042-S for
transactions involving these entities.
Form 8288, U.S.
Withholding Tax Return for Dispositions by Foreign Persons of U.S. Real Property
Interests. The tax withheld on the acquisition of a U.S. real property interest from
a foreign person is reported and paid over using Form 8288. Form 8288 also serves as the
transmittal form for copies A and B of Form 8288-A.
Generally, you
must file Form 8288 by the 20th day after the date of the transfer.
If an application for a withholding certificate (discussed later) is submitted to the
IRS before or on the date of a transfer and the application is still pending with the IRS
on the date of transfer, the correct withholding tax must be withheld, but does not have
to be reported and paid over immediately. The amount withheld (or lesser amount as
determined by the IRS) must be reported and paid over within 20 days following the day on
which a copy of the withholding certificate or notice of denial is mailed by the IRS.
If the principal purpose of applying for a withholding certificate is to delay paying
over the withheld tax, the transferee will be subject to interest and penalties. The
interest and penalties will be assessed for the period beginning on the 21st day after the
date of transfer and ending on the day the payment is made.
Form 8288-A, Statement of Withholding on Dispositions by Foreign Persons of U.S.
Real Property Interests. The
withholding agent must prepare a Form 8288-A for each person from whom tax has been
withheld. Attach copies A and B of Form 8288-A to Form 8288. IRS will stamp Copy B
and send it to the person subject to withholding. Keep Copy C for your records.
The person subject to withholding must file a tax return and attach Form 8288-A to
receive credit for any tax withheld.
Form 1099-S, Proceeds From
Real Estate Transactions. Generally, the real estate broker or other person
responsible for closing the transaction must report the sale of the property to the IRS
using Form 1099-S. For more information about Form 1099-S, see the Instructions for
Form 1099-S and the General Instructions for Forms 1099, 1098, 5498, and W-2G.
Withholding Certificates
The amount that must be withheld from the disposition of a U.S.
real property interest can be adjusted by a withholding certificate issued by the IRS. The
transferee, the transferee's agent, or the transferor may request a withholding
certificate. The IRS will generally act on these requests within 90 days after receipt of
a complete application.
A withholding certificate may be issued due to:
- A determination by the IRS that reduced withholding is appropriate because either:
- The amount that must be withheld would be more than the transferor's maximum tax
liability, or
- Withholding of the reduced amount would not jeopardize collection of the tax,
- The exemption from U.S. tax of all gain realized by the transferor, or
- An agreement for the payment of tax providing security for the tax liability, entered
into by the transferee or transferor.
Categories. Applications for withholding certificates are divided
into six basic categories. This categorizing provides for specific information that is
needed to process the applications. The six categories are:
- Applications based on a claim that the transfer is entitled to nonrecognition treatment
or is exempt from tax,
- Applications based solely on a calculation of the transferor's maximum tax liability,
- Applications under special installment sale rules,
- Applications based on an agreement for the payment of tax with conforming security,
- Applications for blanket withholding certificates, and
- Applications on any other basis.
Format for Applications
Use Form 8288-B, Application for Withholding Certificate
for Dispositions by Foreign Persons of U.S. Real Property Interests, to apply
for a withholding certificate under categories (1), (2), and (3).
Do not use Form 8288-B for applications under categories (4), (5), and (6). For these
categories follow the instructions given later.
The application must be signed by the individual, or a duly authorized agent (with a
copy of the power of attorney, such as Form 2848, attached), a responsible officer in the
case of a corporation, a general partner in the case of a partnership, or a trustee,
executor, or equivalent fiduciary in the case of a trust or estate. The person signing the
application must verify under penalties of perjury that all representations are true,
correct, and complete to that person's knowledge and belief. If the application is based
in whole or in part on information provided by another party to the transaction, that
information must be supported by a written verification signed under penalties of perjury
by that party and attached to the application.
The
application must be sent to:
Internal Revenue Service Center
P. O. Box 21086
Drop Point 8731 FIRPTA Unit
Philadelphia, PA 19114-0586.
All applications for withholding certificates must use the following format. The
information must be provided in paragraphs labeled to correspond with the numbers and
letters set forth below. If the information requested does not apply, place N/A
in the relevant space.
- Information on the application category:
- State which category describes the application (see Categories, earlier),
- If a category (4) application:
- State whether the proposed agreement secures (A) the transferor's maximum tax liability,
or (B) the amount that would otherwise have to be withheld, and
- State whether the proposed agreement and security instrument conform to the standard
formats.
- Information on the transferee or transferor:
- State the name, address, and taxpayer identification number of the person applying for
the withholding certificate,
- State whether that person is the transferee or transferor, and
- State the name, address, and taxpayer identification number of all other transferees and
transferors of the U.S. real property interest for which the withholding certificate is
sought. If a person does not have a TIN, the application must state that fact. If the
transferor is requesting an early refund, the transferor's TIN must be on the application.
- Information on the U.S. real property interest for which the withholding certificate is
sought, state the:
- Type of interest (such as, interest in real property, in associated personal property,
or in a domestic U.S. real property holding corporation),
- Contract price,
- Date of transfer,
- Location and general description if an interest in real property,
- Class or type and amount of the interest in a U.S. real property holding corporation,
and
- Whether in the three preceding tax years: (1) U.S. income tax returns were filed
relating to the U.S. real property interest, and if so, when and where those returns were
filed, and if not, why returns were not filed, and (2) U.S. income taxes were paid
relating to the U.S. real property interest, and if so, the amount of tax paid.
- Provide full information concerning the basis for the issuance of the withholding
certificate. Although the information to be included in this section of the application
will vary from case to case, the following rules provide general guidelines for the
inclusion of appropriate information for each category of application.
Category (4) applications. If the application is based on an
agreement for the payment of tax, the application must include:
- Information establishing the transferor's maximum tax liability, or the amount that
otherwise has to be withheld,
- A signed copy of the agreement proposed by the applicant, and
- A copy of the security instrument proposed by the applicant.
Either the transferee or the transferor may enter into an agreement for the payment of
tax. The agreement is a contract between the IRS and any other person and consists of two
necessary elements. Those elements are:
- A detailed description of the rights and obligations of each, and
- A security instrument or other form of security acceptable to the Commissioner or his
delegate.
For more information on the agreement for the payment of tax, including a sample
agreement, see section 5 of Revenue Procedure 2000-35. Revenue Procedure 2000-35 is in
Cumulative Bulletin 2000-2.
There are four major types of security acceptable to the IRS. They are:
- Bond with surety or guarantor,
- Bond with collateral,
- Letter of credit, and
- Guarantee (corporate transferors).
The IRS may, in unusual circumstances and at its discretion, accept any additional form
of security that it finds to be adequate.
For more information on acceptable security instruments, including sample forms of
these instruments, see section 6 of Revenue Procedure 2000-35.
Category (5) applications. A blanket withholding certificate may be
issued if the transferor holding the U.S. real property interests provides an irrevocable
letter of credit or a guarantee and enters into a tax payment and security agreement with
the IRS. A blanket withholding certificate excuses withholding concerning multiple
dispositions of those property interests by the transferor or the transferor's legal
representative during a period of no more than 12 months.
For more information, see section 9 of Revenue Procedure 2000-35.
Category (6) applications. These are nonstandard applications and
may be of the following types.
Agreement for payment of tax with nonconforming security.
An applicant seeking to enter into an agreement for the payment of tax but wanting to
provide a nonconforming type of security must include the following in the application:
- The information required for Category (4) applications, discussed earlier,
- A description of the nonconforming security proposed by the applicant, and
- A memorandum of law and facts establishing that the proposed security is valid and
enforceable and that it adequately protects the government's interest.
Other nonstandard applications. An application for a
withholding certificate not previously described must explain in detail the proposed basis
for the issuance of the certificate and set forth the reasons justifying the issuance of a
certificate on that basis.
Availability of
records. The applicant must make available to the IRS, within the time prescribed, all
information required to verify that representations relied upon in accepting the agreement
are accurate, and that the obligations assumed by the applicant will be performed pursuant
to the agreement. Failure to provide requested information promptly will usually result in
rejection of the application, unless the IRS grants an extension of the target date.
Amendments to Applications
An applicant for a withholding certificate may amend an otherwise complete application
by sending an amending statement to the Commissioner or his delegate. There is no
particular form required, but the amending statement must provide the following
information:
- The name, address, and taxpayer identification number of the person providing the
amending statement specifying whether that person is the transferee or transferor,
- The date of the original application for a withholding certificate that is being
amended,
- A brief description of the real property interest for which the original application for
a withholding certificate was provided, and
- The basis for the amendment including any change in the facts supporting the original
application for a withholding certificate and any change in the terms of the withholding
certificate.
The statement must be signed and accompanied by a penalties of perjury statement
(discussed earlier under Format for Applications).
If an amending statement is provided, the time in which the IRS must act upon the
application is extended by 30 days. If the amending statement substantially changes the
original application, the time for acting upon the application is extended by 60 days. If
an amending statement is received after the withholding certificate has been signed by the
Commissioner or his delegate but has not been mailed to the applicant, the IRS will have a
90-day extension of time in which to act.
Tax Treaty Tables
The United States has income tax treaties (or conventions) with a
number of foreign countries under which residents (sometimes limited to citizens)
of those countries are taxed at a reduced rate or are exempt from U.S. income taxes on
certain income received from within the United States.
Income that is exempt under a treaty is not subject to withholding at source under the
statutory rules discussed in this publication.
Three tables follow:
Table 1 lists the withholding rates on income other than
personal service income.
Table 2 lists the different types of personal service
income that are entitled to an exemption from, or reduction in, withholding.
Table 3 shows where the full text of each treaty and
protocol may be found in the Cumulative Bulletins if it has been published.
These tables
are not meant to be a complete guide to all provisions of every income tax treaty. For
detailed information, you must consult the provisions of the tax treaty that apply to the
country of the nonresident alien to whom you are making payment.
You can obtain the full text of these treaties on the Internet at www.irs.gov.
Table 1 page 1
Table 1 page 2
Table 1 footnotes
Table 2 page 1
Table 2 page 2
Table 2 page 3
Table 2 page 4
Table 2 page 5
Table 2 page 6
Table 2 page 7
Table 2 page 8
Table 2 page 9
Table 2 page 10
Table 2 page 11
Table 2 footnotes
Table 3. List of Tax Treaties (Updated through September 30, 2002)
Country |
Official Text Symbol 1 |
General Effective Date |
Citation |
Applicable Treasury Explanations or Treasury
Decision (T.D.) |
Australia |
TIAS 10773 |
Dec. 1, 1983 |
1986-2 C.B. 220 |
1986-2 C.B. 246 |
Austria |
TIAS |
Jan. 1, 1999 |
|
|
Barbados |
TIAS 11090 |
Jan. 1, 1984 |
1991-2 C.B. 436 |
1991-2 C.B. 466 |
Protocol |
TIAS |
Jan. 1, 1994 |
|
|
Belgium |
TIAS 7463 |
Jan. 1, 1971 |
1973-1 C.B. 619 |
|
Protocol |
TIAS 11254 |
Jan. 1, 1988 |
|
|
Canada 2 |
TIAS 11087 |
Jan. 1, 1985 |
1986-2 C.B. 258 |
1987-2 C.B. 298 |
Protocol |
TIAS |
Jan. 1, 1996 |
|
|
China, People's Republic of |
TIAS 12065 |
Jan. 1, 1987 |
1988-1 C.B. 414 |
1988-1 C.B. 447 |
Commonwealth of Independent States 3 |
TIAS 8225 |
Jan. 1, 1976 |
1976-2 C.B. 463 |
1976-2 C.B. 475 |
Cyprus |
TIAS 10965 |
Jan. 1, 1986 |
1989-2 C.B. 280 |
1989-2 C.B. 314 |
Czech Republic |
TIAS |
Jan. 1, 1993 |
|
|
Denmark |
TIAS |
Jan. 1, 2001 |
|
|
Egypt |
TIAS 10149 |
Jan. 1, 1982 |
1982-1 C.B. 219 |
1982-1 C.B. 243 |
Estonia |
TIAS |
Jan. 1, 2000 |
|
|
Finland |
TIAS 12101 |
Jan. 1, 1991 |
|
|
France |
TIAS |
Jan. 1, 1996 |
|
|
Germany |
TIAS |
Jan. 1, 1990 4 |
|
|
Greece |
TIAS 2902 |
Jan. 1, 1953 |
1958-2 C.B. 1054 |
T.D. 6109, 1954-2 C.B. 638 |
Hungary |
TIAS 9560 |
Jan. 1, 1980 |
1980-1 C.B. 333 |
1980-1 C.B. 354 |
Iceland |
TIAS 8151 |
Jan. 1, 1976 |
1976-1 C.B. 442 |
1976-1 C.B. 456 |
India |
TIAS |
Jan. 1, 1991 |
|
|
Indonesia |
TIAS 11593 |
Jan. 1, 1990 |
|
|
Ireland |
TIAS |
Jan. 1, 1998 |
|
|
Israel |
TIAS |
Jan. 1, 1995 |
|
|
Italy |
TIAS 11064 |
Jan. 1, 1985 |
1992-1 C.B. 442 |
1992-1 C.B. 473 |
Jamaica |
TIAS 10207 |
Jan. 1, 1982 |
1982-1 C.B. 257 |
1982-1 C.B. 291 |
Japan |
TIAS 7365 |
Jan. 1, 1973 |
1973-1 C.B. 630 |
1973-1 C.B. 653 |
Kazakstan |
TIAS |
Jan. 1, 1996 |
|
|
Korea, Republic of |
TIAS 9506 |
Jan. 1, 1980 |
1979-2 C.B. 435 |
1979-2 C.B. 458 |
Latvia |
TIAS |
Jan. 1, 2000 |
|
|
Lithuania |
TIAS |
Jan. 1, 2000 |
|
|
Luxembourg |
TIAS |
Jan. 1, 2001 |
|
|
Mexico |
TIAS |
Jan. 1, 1994 |
1994-2 C.B. 424 |
1994-2 C.B. 489 |
Protocol |
TIAS |
Oct. 26, 1995 |
|
|
Morocco |
TIAS 10195 |
Jan. 1, 1981 |
1982-2 C.B. 405 |
1982-2 C.B. 427 |
Netherlands |
TIAS |
Jan. 1, 1994 |
|
|
New Zealand |
TIAS 10772 |
Nov. 2, 1983 |
1990-2 C.B. 274 |
1990-2 C.B. 303 |
Norway |
TIAS 7474 |
Jan. 1, 1971 |
1973-1 C.B. 669 |
1973-1 C.B. 693 |
Protocol |
TIAS 10205 |
Jan. 1, 1982 |
1982-2 C.B. 440 |
1982-2 C.B. 454 |
Pakistan |
TIAS 4232 |
Jan. 1, 1959 |
1960-2 C.B. 646 |
T.D. 6431, 1960-1 C.B. 755 |
Philippines |
TIAS 10417 |
Jan. 1, 1983 |
1984-2 C.B. 384 |
1984-2 C.B. 412 |
Poland |
TIAS 8486 |
Jan. 1, 1974 |
1977-1 C.B. 416 |
1977-1 C.B. 427 |
Portugal |
TIAS |
Jan. 1, 1996 |
|
|
Romania |
TIAS 8228 |
Jan. 1, 1974 |
1976-2 C.B. 492 |
1976-2 C.B. 504 |
Russia |
TIAS |
Jan. 1, 1994 |
|
|
Slovak Republic |
TIAS |
Jan. 1, 1993 |
|
|
Slovenia |
TIAS |
Jan. 1, 2002 |
|
|
South Africa |
TIAS |
Jan. 1, 1998 |
|
|
Spain |
TIAS |
Jan. 1, 1991 |
|
|
Sweden |
TIAS |
Jan. 1, 1996 |
|
|
Switzerland |
TIAS |
Jan. 1, 1998 |
|
|
Thailand |
TIAS |
Jan. 1, 1998 |
|
|
Trinidad and Tobago |
TIAS 7047 |
Jan. 1, 1970 |
1971-2 C.B. 479 |
|
Tunisia |
TIAS |
Jan. 1, 1990 |
|
|
Turkey |
TIAS |
Jan. 1, 1998 |
|
|
Ukraine |
TIAS |
Jan. 1, 2001 |
|
|
United Kingdom |
TIAS 9682 |
Jan. 1, 1975 |
1980-1 C.B. 394 |
1980-1 C.B. 455 |
Venezuela |
TIAS |
Jan. 1, 2000 |
|
|
1 (TIAS) - Treaties and Other International Act Series. |
2 Information on the treaty can be found in Publication 597, Information
on the United States-Canada Income Tax Treaty. |
3 The U.S.-U.S.S.R. income tax treaty applies to the countries
of Armenia, Azerbaijan, Belarus, Georgia, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan,
and Uzbekistan. |
4 The general effective date for the area that was the German
Democratic Republic is January 1, 1991. |
How To Get Tax Help
You can get help with unresolved tax issues, order free publications
and forms, ask tax questions, and get more information from the IRS in several
ways. By selecting the method that is best for you, you will have quick and easy access to
tax help.
Contacting your Taxpayer Advocate. If you have attempted to deal with an IRS problem unsuccessfully, you should
contact your Taxpayer Advocate.
The Taxpayer Advocate represents your interests and concerns within the IRS by
protecting your rights and resolving problems that have not been fixed through normal
channels. While Taxpayer Advocates cannot change the tax law or make a technical tax
decision, they can clear up problems that resulted from previous contacts and ensure that
your case is given a complete and impartial review.
To contact your Taxpayer Advocate:
- Call the Taxpayer Advocate at
1-877-777-4778.
- Call, write, or fax the Taxpayer Advocate office in your area.
- Call 1-800-829-4059 if you are a
TTY/TDD user.
For more information, see Publication 1546, The Taxpayer Advocate Service of the
IRS.
Free tax services. To find out what services are available, get
Publication 910, Guide to Free Tax Services. It contains a list of free tax
publications and an index of tax topics. It also describes other free tax information
services, including tax education and assistance programs and a list of TeleTax topics.
Personal
computer. With your personal computer and modem, you can access the IRS on the
Internet at www.irs.gov. While visiting our web site, you can:
- See answers to frequently asked tax questions or request help by e-mail.
- Download forms and publications or search for forms and publications by topic or
keyword.
- Order IRS products on-line.
- View forms that may be filled in electronically, print the completed form, and then save
the form for recordkeeping.
- View Internal Revenue Bulletins published in the last few years.
- Search regulations and the Internal Revenue Code.
- Receive our electronic newsletters on hot tax issues and news.
- Learn about the benefits of filing electronically (IRS e-file).
- Get information on starting and operating a small business.
You can also reach us with your computer using File Transfer Protocol at ftp.irs.gov.
TaxFax Service. Using
the phone attached to your fax machine, you can receive forms and instructions by calling 703-368-9694.
Follow the directions from the prompts. When you order forms, enter the catalog number
for the form you need. The items you request will be faxed to you.
For help with transmission problems, call the FedWorld Help Desk at 703-487-4608.
Phone. Many
services are available by phone.
- Ordering forms, instructions, and publications. Call 1-800-829-3676 to
order current and prior year forms, instructions, and publications.
- Asking tax questions. Call the IRS with your tax questions at 1-800-829-1040.
- Solving problems. Take advantage of Everyday Tax Solutions service by calling
your local IRS office to set up an in-person appointment at your convenience. Check your
local directory assistance or www.irs.gov for the numbers.
- TTY/TDD equipment. If you have access to TTY/TDD equipment, call 1-800-829-
4059 to ask tax questions or to order forms and publications.
- TeleTax topics. Call 1-800-829-4477 to listen to pre-recorded messages
covering various tax topics.
Evaluating the quality of our telephone services. To ensure that IRS
representatives give accurate, courteous, and professional answers, we use several methods
to evaluate the quality of our telephone services. One method is for a second IRS
representative to sometimes listen in on or record telephone calls. Another is to ask some
callers to complete a short survey at the end of the call.
Walk-in. Many
products and services are available on a walk-in basis.
- Products. You can walk in to many post offices, libraries, and IRS offices to
pick up certain forms, instructions, and publications. Some IRS offices, libraries,
grocery stores, copy centers, city and county governments, credit unions, and office
supply stores have an extensive collection of products available to print from a CD-ROM or
photocopy from reproducible proofs. Also, some IRS offices and libraries have the Internal
Revenue Code, regulations, Internal Revenue Bulletins, and Cumulative Bulletins available
for research purposes.
- Services. You can walk in to your local IRS office to ask tax questions or get
help with a tax problem. Now you can set up an appointment by calling your local IRS
office number and, at the prompt, leaving a message requesting Everyday Tax Solutions
help. A representative will call you back within 2 business days to schedule an in-person
appointment at your convenience.
Mail. You
can send your order for forms, instructions, and publications to the Distribution Center
nearest to you and receive a response within 10 workdays after your request is received.
Find the address that applies to your part of the country.
- Western part of U.S.:
Western Area Distribution Center
Rancho Cordova, CA 95743-0001
- Central part of U.S.:
Central Area Distribution Center
P.O. Box 8903
Bloomington, IL 61702-8903
- Eastern part of U.S. and foreign addresses:
Eastern Area Distribution Center
P.O. Box 85074
Richmond, VA 23261-5074
CD-ROM for tax
products. You can order IRS Publication 1796, Federal Tax Products on CD-ROM, and
obtain:
- Current tax forms, instructions, and publications.
- Prior-year tax forms and instructions.
- Popular tax forms that may be filled in electronically, printed out for submission, and
saved for recordkeeping.
- Internal Revenue Bulletins.
The CD-ROM can be purchased from National Technical Information Service (NTIS) by
calling 1-877-233-6767 or on the Internet at http://www.irs.gov/cdorders. The
first release is available in early January and the final release is available in late
February.
CD-ROM for
small businesses. IRS Publication 3207, Small Business Resource Guide, is a
must for every small business owner or any taxpayer about to start a business. This handy,
interactive CD contains all the business tax forms, instructions and publications needed
to successfully manage a business. In addition, the CD provides an abundance of other
helpful information, such as how to prepare a business plan, finding financing for your
business, and much more. The design of the CD makes finding information easy and quick and
incorporates file formats and browsers that can be run on virtually any desktop or laptop
computer.
It is available in March. You can get a free copy by calling 1-800-829-3676 or
by visiting the website at www.irs.gov/smallbiz. |