81_FR_24564 81 FR 24484 - PATH Act Changes to Section 1445; Correction

81 FR 24484 - PATH Act Changes to Section 1445; Correction

DEPARTMENT OF THE TREASURY
Internal Revenue Service

Federal Register Volume 81, Issue 80 (April 26, 2016)

Page Range24484-24484
FR Document2016-09666

This document contains corrections to final regulations (TD 9721) that were published in the Federal Register on Friday, February 19, 2016 (81 FR 8398). The final regulations are regarding the taxation of, and withholding on, foreign persons upon certain dispositions of, and distributions with respect to, United States real property interests (USRPIs).

Federal Register, Volume 81 Issue 80 (Tuesday, April 26, 2016)
[Federal Register Volume 81, Number 80 (Tuesday, April 26, 2016)]
[Rules and Regulations]
[Page 24484]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09666]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[TD 9751]
RIN 1545-BN22


PATH Act Changes to Section 1445; Correction

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Correcting amendment.

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SUMMARY: This document contains corrections to final regulations (TD 
9721) that were published in the Federal Register on Friday, February 
19, 2016 (81 FR 8398). The final regulations are regarding the taxation 
of, and withholding on, foreign persons upon certain dispositions of, 
and distributions with respect to, United States real property 
interests (USRPIs).

DATES: This correction is effective April 26, 2016 and is applicable on 
or after February 19, 2016.

FOR FURTHER INFORMATION CONTACT: Milton M. Cahn or David A. Levine of 
the Office of Associate Chief Counsel (International) at (202) 317-6937 
(not a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

    The final regulations (TD 9751) that are the subject of this 
correction are under section 897 and1445 of the Internal Revenue Code.

Need for Correction

    As published, the final regulations (TD 9751) contain errors that 
may prove to be misleading and are in need of clarification.

List of Subjects in 26 CFR Part 1

    Income taxes, reporting and recordkeeping requirements.

Correction of Publication

    Accordingly, 26 CFR part 1 is corrected by making the following 
correcting amendments:

PART 1--INCOME TAXES

0
Paragraph 1. The authority citation for part 1 continues to read in 
part as follows:

    Authority:  26 U.S.C. 7805 * * *


0
Par. 3. Section 1.1445-5 is amended by revising the last sentence of 
paragraph (b)(3)(ii)(A) to read as follows:


Sec.  1.1445-5  Special rules concerning distributions and other 
transactions by corporations, partnerships, trusts, and estates.

* * * * *
    (b) * * *
    (3) * * *
    (ii) * * *
    (A) * * * In general, a foreign person is a nonresident alien 
individual, foreign corporation, foreign partnership, foreign trust, or 
foreign estate, but not a qualified foreign pension fund (as defined in 
section 897(l)) or an entity all of the interests of which are held by 
a qualified foreign pension fund.
* * * * *

Martin V. Franks,
Chief, Publications and Regulations Branch, Legal Processing Division, 
Associate Chief Counsel, (Procedure and Administration).
[FR Doc. 2016-09666 Filed 4-25-16; 8:45 am]
 BILLING CODE 4830-01-P



                                                  24484               Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Rules and Regulations

                                                  a calendar month is the product of the                  determined during August 2016 that                    PART 1—INCOME TAXES
                                                  Federal long-term rate determined                       apply during September 2016.
                                                  under section 1274(d) for that month,                                                                         ■ Paragraph 1. The authority citation
                                                                                                          John Dalrymple,                                       for part 1 continues to read in part as
                                                  based on annual compounding,
                                                                                                          Deputy Commissioner for Services and                  follows:
                                                  multiplied by the adjustment factor                     Enforcement.
                                                  described in paragraph (c) of this                                                                                Authority: 26 U.S.C. 7805 * * *
                                                                                                            Approved: April 8, 2016.
                                                  section.                                                                                                      ■ Par. 3. Section 1.1445–5 is amended
                                                                                                          Mark J. Mazur,
                                                     (c) Adjustment factor. The adjustment                Assistant Secretary of the Treasury (Tax              by revising the last sentence of
                                                  factor is a percentage equal to—                        Policy).                                              paragraph (b)(3)(ii)(A) to read as
                                                     (1) The excess of 100 percent, over                  [FR Doc. 2016–09614 Filed 4–25–16; 8:45 am]           follows:
                                                     (2) The product of—                                  BILLING CODE 4830–01–P                                § 1.1445–5 Special rules concerning
                                                     (i) 59 percent, and                                                                                        distributions and other transactions by
                                                                                                                                                                corporations, partnerships, trusts, and
                                                     (ii) The sum of the maximum rate in                  DEPARTMENT OF THE TREASURY                            estates.
                                                  effect under section 1 applicable to                                                                          *       *   *      *    *
                                                  individuals and the maximum rate in                     Internal Revenue Service
                                                                                                                                                                   (b) * * *
                                                  effect under section 1411 applicable to                                                                          (3) * * *
                                                  individuals for the month to which the                  26 CFR Part 1                                            (ii) * * *
                                                  adjusted applicable Federal rate applies.               [TD 9751]                                                (A) * * * In general, a foreign person
                                                     (d) Effective/applicability date. The                                                                      is a nonresident alien individual,
                                                                                                          RIN 1545–BN22
                                                  rules of this section apply to the                                                                            foreign corporation, foreign partnership,
                                                  determination of the long-term tax-                     PATH Act Changes to Section 1445;                     foreign trust, or foreign estate, but not a
                                                  exempt rate and the adjusted Federal                    Correction                                            qualified foreign pension fund (as
                                                  long-term rate beginning with the rates                                                                       defined in section 897(l)) or an entity all
                                                                                                          AGENCY:  Internal Revenue Service (IRS),              of the interests of which are held by a
                                                  determined during August 2016 that
                                                                                                          Treasury.                                             qualified foreign pension fund.
                                                  apply during September 2016.
                                                                                                          ACTION: Correcting amendment.                         *       *   *      *    *
                                                  ■ Par. 4. Section 1.1288–1 is added to
                                                  read as follows:                                        SUMMARY:   This document contains                     Martin V. Franks,
                                                                                                          corrections to final regulations (TD                  Chief, Publications and Regulations Branch,
                                                  § 1.1288–1 Adjustment of applicable                     9721) that were published in the                      Legal Processing Division, Associate Chief
                                                  Federal rate for tax-exempt obligations.                Federal Register on Friday, February 19,              Counsel, (Procedure and Administration).
                                                    (a) In general. In applying section 483               2016 (81 FR 8398). The final regulations              [FR Doc. 2016–09666 Filed 4–25–16; 8:45 am]
                                                                                                          are regarding the taxation of, and                    BILLING CODE 4830–01–P
                                                  or section 1274 to a tax-exempt
                                                                                                          withholding on, foreign persons upon
                                                  obligation, the applicable Federal rate is
                                                                                                          certain dispositions of, and distributions
                                                  adjusted to take into account the tax
                                                                                                          with respect to, United States real                   DEPARTMENT OF JUSTICE
                                                  exemption for interest on the obligation.
                                                                                                          property interests (USRPIs).
                                                  For each applicable Federal rate
                                                                                                          DATES: This correction is effective April             Bureau of Prisons
                                                  determined under section 1274(d), the
                                                                                                          26, 2016 and is applicable on or after
                                                  Secretary computes a corresponding
                                                                                                          February 19, 2016.                                    28 CFR Part 550
                                                  adjusted applicable Federal rate by
                                                  multiplying the applicable Federal rate                 FOR FURTHER INFORMATION CONTACT:                      [BOP–1168–F]
                                                  by the adjustment factor described in                   Milton M. Cahn or David A. Levine of
                                                                                                          the Office of Associate Chief Counsel                 RIN 1120–AB68
                                                  paragraph (b) of this section. The
                                                  Internal Revenue Service publishes the                  (International) at (202) 317–6937 (not a
                                                                                                                                                                Drug Abuse Treatment Program
                                                  applicable Federal rates and the                        toll-free number).
                                                  adjusted applicable Federal rates for                   SUPPLEMENTARY INFORMATION:                            AGENCY:    Bureau of Prisons, Justice.
                                                  each month in the Internal Revenue                      Background                                            ACTION:   Final rule.
                                                  Bulletin (see § 601.601(d)(2)(ii) of this
                                                                                                            The final regulations (TD 9751) that                SUMMARY:   In this document, the Bureau
                                                  chapter).
                                                                                                          are the subject of this correction are                of Prisons (Bureau) revises the
                                                     (b) Adjustment factor. The adjustment                under section 897 and1445 of the                      Residential Drug Abuse Treatment
                                                  factor is a percentage equal to—                        Internal Revenue Code.                                Program (RDAP) regulations to allow
                                                     (1) The excess of 100 percent, over                                                                        greater inmate participation in the
                                                                                                          Need for Correction
                                                                                                                                                                program and positively impact
                                                     (2) The product of—                                    As published, the final regulations                 recidivism rates.
                                                     (i) 59 percent, and                                  (TD 9751) contain errors that may prove               DATES: This rule is effective on May 26,
                                                     (ii) The sum of the maximum rate in                  to be misleading and are in need of                   2016.
                                                  effect under section 1 applicable to                    clarification.
                                                                                                                                                                FOR FURTHER INFORMATION CONTACT:
                                                  individuals and the maximum rate in
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                                                                          List of Subjects in 26 CFR Part 1                     Sarah Qureshi, Office of General
                                                  effect under section 1411 applicable to                                                                       Counsel, Bureau of Prisons, phone (202)
                                                                                                            Income taxes, reporting and
                                                  individuals for the month to which the                                                                        353–8248.
                                                                                                          recordkeeping requirements.
                                                  adjusted applicable Federal rate applies.                                                                     SUPPLEMENTARY INFORMATION: In this
                                                     (c) Effective/applicability date. The                Correction of Publication                             document, the Bureau revises the
                                                  rules of this section apply to the                        Accordingly, 26 CFR part 1 is                       Residential Drug Abuse Treatment
                                                  determination of adjusted applicable                    corrected by making the following                     Program (RDAP) regulations to allow
                                                  Federal rates beginning with the rates                  correcting amendments:                                greater inmate participation in the


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Document Created: 2016-04-26 01:36:34
Document Modified: 2016-04-26 01:36:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionCorrecting amendment.
DatesThis correction is effective April 26, 2016 and is applicable on or after February 19, 2016.
ContactMilton M. Cahn or David A. Levine of the Office of Associate Chief Counsel (International) at (202) 317-6937 (not a toll-free number).
FR Citation81 FR 24484 
RIN Number1545-BN22
CFR AssociatedIncome Taxes and Reporting and Recordkeeping Requirements

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