82_FR_1649 82 FR 1645 - Revision of Regulations Under Chapter 3 Regarding Withholding of Tax on Certain U.S. Source Income Paid to Foreign Persons

82 FR 1645 - Revision of Regulations Under Chapter 3 Regarding Withholding of Tax on Certain U.S. Source Income Paid to Foreign Persons

DEPARTMENT OF THE TREASURY
Internal Revenue Service

Federal Register Volume 82, Issue 4 (January 6, 2017)

Page Range1645-1647
FR Document2016-31589

In the Rules and Regulations section of this issue of the Federal Register, the Department of the Treasury (Treasury Department) and the IRS are issuing temporary regulations (TD 9808) that revise certain provisions of the final regulations regarding withholding of tax on certain U.S. source income paid to foreign persons and requirements for certain claims for refund or credit of income tax made by foreign persons. The text of the temporary regulations also serves as the text of these proposed regulations.

Federal Register, Volume 82 Issue 4 (Friday, January 6, 2017)
[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)]
[Proposed Rules]
[Pages 1645-1647]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31589]


-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[REG-134247-16]
RIN 1545-BN73


Revision of Regulations Under Chapter 3 Regarding Withholding of 
Tax on Certain U.S. Source Income Paid to Foreign Persons

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of proposed rulemaking by cross-reference to temporary 
regulations.

-----------------------------------------------------------------------

SUMMARY: In the Rules and Regulations section of this issue of the 
Federal Register, the Department of the Treasury (Treasury Department) 
and the IRS are issuing temporary regulations (TD 9808) that revise 
certain provisions of the final

[[Page 1646]]

regulations regarding withholding of tax on certain U.S. source income 
paid to foreign persons and requirements for certain claims for refund 
or credit of income tax made by foreign persons. The text of the 
temporary regulations also serves as the text of these proposed 
regulations.

DATES: Written or electronic comments and requests for a public hearing 
must be received by April 6, 2017.

ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG-134247-16), Room 
5203, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, 
Washington, DC 20044. Submissions may be hand-delivered Monday through 
Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG-
134247-16), Courier's Desk, Internal Revenue Service, 1111 Constitution 
Avenue NW., Washington, DC 20224, or sent electronically, via the 
Federal eRulemaking Portal at www.regulations.gov (IRS REG-134247-16).

FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, 
Leni Perkins, (202) 317-6942; concerning submissions of comments and/or 
requests for a public hearing, Regina Johnson, (202) 317-6901 (not 
toll-free numbers).

SUPPLEMENTARY INFORMATION: 

Background

    The temporary regulations in the Rules and Regulations section of 
this issue of the Federal Register amend the Income Tax Regulations (26 
CFR part 1) relating to section 1441 of the Internal Revenue Code 
(Code). The temporary regulations set forth rules relating to 
withholding and reporting requirements under chapter 3 of the Code, 
including rules relating to claims for a reduced rate of withholding 
under an income tax treaty. The preamble to the temporary regulations 
explains the temporary regulations and these proposed regulations.

Special Analyses

    Certain IRS regulations, including these, are exempt from the 
requirements of Executive Order 12866, as supplemented and reaffirmed 
by Executive Order 13653. Therefore, a regulatory assessment is not 
required.
    It is hereby certified that the collection of information in this 
notice of proposed rulemaking will not have a significant economic 
impact on a substantial number of small entities within the meaning of 
section 601(6) of the Regulatory Flexibility Act (5 U.S.C. chapter 6).
    The domestic small business entities that are subject to the 
collections of information in this notice of proposed rulemaking are 
those domestic business entities that are payors of certain U.S. source 
income to foreign persons. These domestic small business entities are 
subject to comprehensive rules under chapter 3 to identify the proper 
treatment of payees for purposes of that chapter's information 
reporting and tax withholding purposes. The domestic small business 
entities subject to the collections of information in this notice of 
proposed rulemaking are also subject to comprehensive information 
reporting and tax withholding rules under chapters 4 and 61 with 
respect to payments of certain U.S. source income subject to 
information reporting and tax reporting under chapter 3. These payors 
are also subject to information and reporting rules under section 3406.
    Payors of payments that are subject to the information reporting 
and withholding regimes under chapter 3 play an important role in U.S. 
tax compliance by providing information about payments made to, and 
income earned by, U.S. and foreign taxpayers.
    Although the Treasury Department and the IRS anticipate that a 
substantial number of domestic small entities will be affected by the 
collection of information in this notice of proposed rulemaking, the 
Treasury Department and the IRS believe that the economic impact to 
these entities resulting from the information collection requirements 
will not be significant. The reporting obligations under these proposed 
regulations flow from the obligations that domestic small entities may 
have as withholding agents for payments of amounts subject to 
withholding under sections 1441 or 1442. As withholding agents, these 
entities have already been subject to the overall framework of these 
regulations, and the economic burden of complying with any additional 
requirements will be minimal. Therefore, a Regulatory Flexibility 
Analysis under the Regulatory Flexibility Act is not required. Pursuant 
to section 7805(f) of the Code, this regulation has been submitted to 
the Chief Counsel for Advocacy of the Small Business Administration for 
comment on its impact on small businesses.

Comments and Public Hearing

    Before these proposed regulations are adopted as final regulations, 
consideration will be given to any written comments that are submitted 
timely to the IRS as prescribed in this preamble under the 
``ADDRESSES'' heading. The Treasury Department and the IRS request 
comments on all aspects of the proposed rules, including comments on 
the clarity of the proposed rules and how compliance therewith could be 
made easier. All comments will be available for public inspection and 
copying. A public hearing will be scheduled if requested in writing by 
any person that timely submits written comments. If a public hearing is 
scheduled, notice of the date, time, and place for the public hearing 
will be published in the Federal Register.

Drafting Information

    The principal author of these proposed regulations is Leni C. 
Perkins, Office of Associate Chief Counsel (International). However, 
other personnel from the Treasury Department and the IRS participated 
in their development.

List of Subjects in 26 CFR Part 1

    Income taxes, Reporting and recordkeeping requirements.

Proposed Amendments to the Regulations

    Accordingly, 26 CFR part 1 is proposed to be amended as follows:

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. 2. Section 1.1441-1 is amended by:
0
1. Adding paragraphs (b)(7)(ii)(B) and (c)(2)(ii).
0
2. Revising paragraph (c)(3)(ii).
0
3. Adding paragraphs (c)(38)(ii), (e)(2)(ii)(B), (e)(3)(iv)(C)(3), 
(e)(4)(i)(B), (e)(4)(ii)(A)(2), (e)(4)(iv)(D), and (e)(4)(iv)(E).
    The revisions and additions read as follows:


Sec.  1.1441-1  Requirement for the deduction and withholding of tax on 
payments to foreign persons.

* * * * *
    (b) * * *
    (7) * * *
    (ii) * * *
    (B) [The text of the proposed amendment to Sec.  1.1441-
1(b)(7)(ii)(B) is the same as the text of Sec.  1.1441-1T(b)(7)(ii)(B) 
published elsewhere in this issue of the Federal Register.]
* * * * *
    (c) * * *
    (2) * * *
    (ii) [The text of the proposed amendment to Sec.  1.1441-
1(c)(2)(ii) is the same as the text of Sec.  1.1441-1T(c)(2)(ii) 
published elsewhere in this issue of the Federal Register.]

[[Page 1647]]

    (3) * * *
    (ii) [The text of the proposed amendment to Sec.  1.1441-
1(c)(3)(ii) is the same as the text of Sec.  1.1441-1T(c)(3)(ii) 
published elsewhere in this issue of the Federal Register.]
* * * * *
    (38) * * *
    (ii) [The text of the proposed amendment to Sec.  1.1441-
1(c)(38)(ii) is the same as the text of Sec.  1.1441-1T(c)(38)(ii) 
published elsewhere in this issue of the Federal Register.]
* * * * *
    (e) * * *
    (2) * * *
    (ii) * * *
    (B) [The text of the proposed amendment to Sec.  1.1441-
1(e)(2)(ii)(B) is the same as the text of Sec.  1.1441-1T(e)(2)(ii)(B) 
published elsewhere in this issue of the Federal Register.]
* * * * *
    (3) * * *
    (iv) * * *
    (C) * * *
    (3) [The text of the proposed amendment to Sec.  1.1441-
1(e)(3)(iv)(C)(3) is the same as the text of Sec.  1.1441-
1T(e)(3)(iv)(C)(3) published elsewhere in this issue of the Federal 
Register.]
* * * * *
    (4) * * *
    (i) * * *
    (B) [The text of the proposed amendment to Sec.  1.1441-
1(e)(4)(i)(B) is the same as the text of Sec.  1.1441-1T(e)(4)(i)(B) 
published elsewhere in this issue of the Federal Register.]
    (ii) * * *
    (A) * * *
    (2) [The text of the proposed amendment to Sec.  1.1441-
1(e)(4)(ii)(A)(2) is the same as the text of Sec.  1.1441-
1T(e)(4)(ii)(A) published elsewhere in this issue of the Federal 
Register.]
* * * * *
    (iv) * * *
    (D) [The text of the proposed amendment to Sec.  1.1441-
1(e)(4)(iv)(D) is the same as the text of Sec.  1.1441-1T(e)(4)(iv)(D) 
published elsewhere in this issue of the Federal Register.]
    (E) [The text of the proposed amendment to Sec.  1.1441-
1(e)(4)(iv)(E) is the same as the text of Sec.  1.1441-1(e)(4)(iv)(E) 
published elsewhere in this issue of the Federal Register.]
* * * * *
0
Par. 3. Section 1.1441-2 is amended by adding paragraph (a)(8) to read 
as follows:


Sec.  1.1441-2  Amounts subject to withholding.

    (a) * * *
    (8) [The text of the proposed amendment to Sec.  1.1441-2(a)(8) is 
the same as the text of Sec.  1.1441-2T(a)(8) published elsewhere in 
this issue of the Federal Register.]
* * * * *
0
Par. 4. Section 1.1441-6 is amended by:
0
1. Adding paragraphs (b)(1)(i) and (b)(1)(ii).
0
2. Revising paragraphs (c)(1) and (c)(5)(i).
    The additions and revision read as follows:


Sec.  1.1441-6   Claim of reduced withholding under an income tax 
treaty.

* * * * *
    (b) * * *
    (1) * * *
    (i) [The text of the proposed amendment to Sec.  1.1441-6(b)(1)(i) 
is the same as the text of Sec.  1.1441-6T(b)(1)(i) published elsewhere 
in this issue of the Federal Register.]
    (ii) [The text of the proposed amendment to Sec.  1.1441-
6(b)(1)(ii) is the same as the text of Sec.  1.1441-6T(b)(1)(ii) 
published elsewhere in this issue of the Federal Register.]
* * * * *
    (c) * * *
    (1) [The text of the proposed amendment to Sec.  1.1441-6(c)(1) is 
the same as the text of Sec.  1.1441-6T(c)(1) published elsewhere in 
this issue of the Federal Register.]
* * * * *
    (5) * * *
    (i) [The text of the proposed amendment to Sec.  1.1441-6(c)(5)(i) 
is the same as the text of Sec.  1.1441-6T(c)(5)(i) published elsewhere 
in this issue of the Federal Register.]
* * * * *
0
Par. 5. Section 1.1441-7 is amended by adding paragraph (b)(10)(iv) to 
read as follows:


Sec.  1.1441-7   General provisions relating to withholding agents.

* * * * *
    (b) * * *
    (10) * * *
    (iv) [The text of the proposed amendment to Sec.  1.1441-
7(b)(10)(iv) is the same as the text of Sec.  1.1441-7T(b)(10)(iv) 
published elsewhere in this issue of the Federal Register.]
* * * * *

John Dalrymple,
Deputy Commissioner for Services and Enforcement.
[FR Doc. 2016-31589 Filed 12-30-16; 4:15 pm]
 BILLING CODE 4830-01-P



                                                                             Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Proposed Rules                                                 1645

                                                    (ii) Failure to satisfy the requirements              described in paragraph (f)(3)(ii) of this              to such sponsored direct reporting NFFE
                                                  of paragraph (c)(3)(iii) of this section                section.                                               within 30 days after the date of
                                                  with respect to each sponsored direct                      (4) Termination—(i) In general. If the              termination. A sponsored direct
                                                  reporting NFFE that the NFFE would                      sponsoring entity does not provide a                   reporting NFFE that has had its status as
                                                  have been required to satisfy as a direct               response to a notice of default within                 a sponsored direct reporting NFFE
                                                  reporting NFFE;                                         the period specified in paragraph (g)(2)               terminated (independent from a
                                                    (iii) Failure to report to the IRS on                 of this section, or if the sponsoring                  termination of status of its sponsoring
                                                  Form 8966, ‘‘FATCA Report,’’ (or such                   entity does not satisfy the conditions of              entity) may not register on the FATCA
                                                  other form as the IRS may prescribe) all                the remediation plan within the time                   registration Web site as a direct
                                                  of the information required under                       period specified by the IRS, the IRS may               reporting NFFE or as a sponsored direct
                                                  paragraph (c)(3)(ii) of this section with               deliver a notice of termination that                   reporting NFFE of another sponsoring
                                                  respect to each sponsored direct                        terminates the sponsoring entity’s                     entity unless it receives written
                                                  reporting NFFE and each of its                          status, the status of one or more                      approval from the IRS.
                                                  substantial U.S. owners (or report to the               sponsored direct reporting NFFEs as a                     (iv) Reconsideration of notice of
                                                  IRS on Form 8966 that the sponsored                     direct reporting NFFE, or both the                     default or notice of termination. A
                                                  direct reporting NFFE had no                            sponsoring entity and one or more                      sponsoring entity or sponsored direct
                                                  substantial U.S. owners) by the due date                sponsored direct reporting NFFEs.                      reporting NFFE may request, within 90
                                                  of the form (including any extensions);                    (ii) Termination of sponsoring entity.              days of a notice of default or notice of
                                                    (iv) Failure to make the certification                If the IRS notifies the sponsoring entity              termination, reconsideration of the
                                                  required under paragraph (f)(2) of this                 that its status is terminated, the                     notice of default or notice of termination
                                                  section;                                                sponsoring entity must send notice of                  by written request to the IRS.
                                                    (v) Failure to cooperate with an IRS                  the termination to each withholding
                                                  request for additional information                                                                             *      *    *     *     *
                                                                                                          agent from which it receives payments                  ■ Par. 7. Section 1.1474–1 is amended
                                                  described in paragraph (f)(3) of this                   and each financial institution with
                                                                                                                                                                 by adding paragraph (d)(4)(vii) to read
                                                  section, including requests for the                     which it holds an account for which a
                                                                                                                                                                 as follows:
                                                  records described in paragraph (c)(3)(iv)               withholding certificate or written
                                                  of this section and requests to extend                  statement prescribed in § 1.1471–                      § 1.1474–1 Liability for withheld tax and
                                                  the retention period for these records as               3(d)(11)(x)(B) (as applicable) was                     withholding agent reporting.
                                                  described in (f)(4)(vii) of this section;               provided with respect to each sponsored                  (d) * * *
                                                    (vi) Making any fraudulent statement                  direct reporting NFFE within 30 days                     (4) * * *
                                                  or misrepresentation of material fact to                after the date of termination. A                         (vii) [The text of proposed § 1.1474–
                                                  the IRS or representing to a withholding                sponsoring entity that has had its status              1(d)(4)(vii) is the same as the text of
                                                  agent or the IRS its status as a                        terminated cannot reregister on the                    § 1.1474–1T(d)(4)(vii) published
                                                  sponsoring entity under paragraph (c)(5)                FATCA registration Web site to act as a                elsewhere in this issue of the Federal
                                                  of this section for an entity other than                sponsoring entity for any sponsored                    Register].
                                                  an entity for which it acts as a                        direct reporting NFFE unless it receives               *     *     *      *    *
                                                  sponsoring entity; or                                   written approval from the IRS. Unless
                                                    (vii) Failure to obtain from each                     the status of the sponsored direct                     John Dalrymple,
                                                  sponsored direct reporting NFFE the                     reporting NFFEs has been terminated,                   Deputy Commissioner for Services and
                                                  information required to report on Form                  the sponsored direct reporting NFFEs                   Enforcement.
                                                  8966.                                                   may register on the FATCA registration                 [FR Doc. 2016–31599 Filed 12–30–16; 4:15 pm]
                                                    (2) Notice of event of default.                       Web site as direct reporting NFFEs or as               BILLING CODE 4830–01–P
                                                  Following an event of default known by                  sponsored direct reporting NFFEs of
                                                  or disclosed to the IRS, the IRS will                   another sponsoring entity, other than a
                                                  deliver to the sponsoring entity a notice               sponsoring entity that is related to the               DEPARTMENT OF THE TREASURY
                                                  of default specifying the event of default              sponsoring entity that was terminated.
                                                  and, if applicable, identifying each                    An entity is related to the terminated                 Internal Revenue Service
                                                  sponsored direct reporting NFFE to                      sponsoring entity if they have a
                                                  which the notice relates. The IRS will                  relationship with each other that is                   26 CFR Part 1
                                                  request that the sponsoring entity                      described in section 267(b).                           [REG–134247–16]
                                                  remediate the event of default within 45                   (iii) Termination of sponsored direct
                                                  days (unless additional time is                         reporting NFFE. If the IRS notifies the                RIN 1545–BN73
                                                  requested and agreed to by the IRS). The                sponsoring entity that the status of a
                                                                                                          sponsored direct reporting NFFE is                     Revision of Regulations Under Chapter
                                                  sponsoring entity must respond to the
                                                                                                          terminated (but not the sponsoring                     3 Regarding Withholding of Tax on
                                                  notice of default and provide
                                                                                                          entity’s status), the sponsoring entity                Certain U.S. Source Income Paid to
                                                  information responsive to an IRS
                                                                                                          must remove the sponsored direct                       Foreign Persons
                                                  request for information or state the
                                                  reasons why the sponsoring entity does                  reporting NFFE from the sponsoring                     AGENCY:  Internal Revenue Service (IRS),
                                                  not agree that an event of default has                  entity’s registration account on the                   Treasury.
                                                  occurred.                                               FATCA registration Web site and send                   ACTION: Notice of proposed rulemaking
                                                    (3) Remediation of event of default. A                notice of the termination to each
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                                                                                 by cross-reference to temporary
                                                  sponsoring entity will be permitted to                  withholding agent from which the                       regulations.
                                                  remediate an event of default to the                    sponsored direct reporting NFFE
                                                  extent that it agrees with the IRS on a                 receives payments and each financial                   SUMMARY:   In the Rules and Regulations
                                                  remediation plan. The IRS may, as part                  institution with which it holds an                     section of this issue of the Federal
                                                  of a remediation plan, require additional               account for which a withholding                        Register, the Department of the Treasury
                                                  information from the sponsoring entity,                 certificate or written statement                       (Treasury Department) and the IRS are
                                                  remedial actions, or the performance of                 prescribed in § 1.1471–3(d)(11)(x)(B) (as              issuing temporary regulations (TD 9808)
                                                  the specified review procedures                         applicable) was provided with respect                  that revise certain provisions of the final


                                             VerDate Sep<11>2014   17:49 Jan 05, 2017   Jkt 241001   PO 00000   Frm 00038   Fmt 4702   Sfmt 4702   E:\FR\FM\06JAP1.SGM   06JAP1


                                                  1646                       Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Proposed Rules

                                                  regulations regarding withholding of tax                   The domestic small business entities                of the proposed rules, including
                                                  on certain U.S. source income paid to                   that are subject to the collections of                 comments on the clarity of the proposed
                                                  foreign persons and requirements for                    information in this notice of proposed                 rules and how compliance therewith
                                                  certain claims for refund or credit of                  rulemaking are those domestic business                 could be made easier. All comments
                                                  income tax made by foreign persons.                     entities that are payors of certain U.S.               will be available for public inspection
                                                  The text of the temporary regulations                   source income to foreign persons. These                and copying. A public hearing will be
                                                  also serves as the text of these proposed               domestic small business entities are                   scheduled if requested in writing by any
                                                  regulations.                                            subject to comprehensive rules under                   person that timely submits written
                                                  DATES: Written or electronic comments
                                                                                                          chapter 3 to identify the proper                       comments. If a public hearing is
                                                  and requests for a public hearing must                  treatment of payees for purposes of that               scheduled, notice of the date, time, and
                                                  be received by April 6, 2017.                           chapter’s information reporting and tax                place for the public hearing will be
                                                                                                          withholding purposes. The domestic                     published in the Federal Register.
                                                  ADDRESSES: Send submissions to:                         small business entities subject to the
                                                  CC:PA:LPD:PR (REG–134247–16), Room                      collections of information in this notice              Drafting Information
                                                  5203, Internal Revenue Service, P.O.                    of proposed rulemaking are also subject                   The principal author of these
                                                  Box 7604, Ben Franklin Station,                         to comprehensive information reporting                 proposed regulations is Leni C. Perkins,
                                                  Washington, DC 20044. Submissions                       and tax withholding rules under                        Office of Associate Chief Counsel
                                                  may be hand-delivered Monday through                    chapters 4 and 61 with respect to                      (International). However, other
                                                  Friday between the hours of 8 a.m. and                  payments of certain U.S. source income                 personnel from the Treasury
                                                  4 p.m. to CC:PA:LPD:PR (REG–134247–                     subject to information reporting and tax               Department and the IRS participated in
                                                  16), Courier’s Desk, Internal Revenue                   reporting under chapter 3. These payors                their development.
                                                  Service, 1111 Constitution Avenue NW.,                  are also subject to information and
                                                  Washington, DC 20224, or sent                           reporting rules under section 3406.                    List of Subjects in 26 CFR Part 1
                                                  electronically, via the Federal                            Payors of payments that are subject to                Income taxes, Reporting and
                                                  eRulemaking Portal at                                   the information reporting and                          recordkeeping requirements.
                                                  www.regulations.gov (IRS REG–134247–                    withholding regimes under chapter 3
                                                  16).                                                    play an important role in U.S. tax                     Proposed Amendments to the
                                                                                                          compliance by providing information                    Regulations
                                                  FOR FURTHER INFORMATION CONTACT:
                                                  Concerning the proposed regulations,                    about payments made to, and income                       Accordingly, 26 CFR part 1 is
                                                  Leni Perkins, (202) 317–6942;                           earned by, U.S. and foreign taxpayers.                 proposed to be amended as follows:
                                                  concerning submissions of comments                         Although the Treasury Department
                                                                                                          and the IRS anticipate that a substantial              PART 1—INCOME TAXES
                                                  and/or requests for a public hearing,
                                                  Regina Johnson, (202) 317–6901 (not                     number of domestic small entities will
                                                                                                          be affected by the collection of                       ■ Paragraph 1. The authority citation
                                                  toll-free numbers).                                                                                            for part 1 continues to read in part as
                                                                                                          information in this notice of proposed
                                                  SUPPLEMENTARY INFORMATION:                              rulemaking, the Treasury Department                    follows:
                                                  Background                                              and the IRS believe that the economic                      Authority: 26 U.S.C. 7805 * * *
                                                                                                          impact to these entities resulting from                ■ Par. 2. Section 1.1441–1 is amended
                                                     The temporary regulations in the                     the information collection requirements
                                                  Rules and Regulations section of this                                                                          by:
                                                                                                          will not be significant. The reporting                 ■ 1. Adding paragraphs (b)(7)(ii)(B) and
                                                  issue of the Federal Register amend the                 obligations under these proposed
                                                  Income Tax Regulations (26 CFR part 1)                                                                         (c)(2)(ii).
                                                                                                          regulations flow from the obligations                  ■ 2. Revising paragraph (c)(3)(ii).
                                                  relating to section 1441 of the Internal                that domestic small entities may have as               ■ 3. Adding paragraphs (c)(38)(ii),
                                                  Revenue Code (Code). The temporary                      withholding agents for payments of                     (e)(2)(ii)(B), (e)(3)(iv)(C)(3), (e)(4)(i)(B),
                                                  regulations set forth rules relating to                 amounts subject to withholding under                   (e)(4)(ii)(A)(2), (e)(4)(iv)(D), and
                                                  withholding and reporting requirements                  sections 1441 or 1442. As withholding                  (e)(4)(iv)(E).
                                                  under chapter 3 of the Code, including                  agents, these entities have already been                  The revisions and additions read as
                                                  rules relating to claims for a reduced                  subject to the overall framework of these              follows:
                                                  rate of withholding under an income tax                 regulations, and the economic burden of
                                                  treaty. The preamble to the temporary                   complying with any additional                          § 1.1441–1 Requirement for the deduction
                                                  regulations explains the temporary                      requirements will be minimal.                          and withholding of tax on payments to
                                                  regulations and these proposed                          Therefore, a Regulatory Flexibility                    foreign persons.
                                                  regulations.                                            Analysis under the Regulatory                          *      *    *     *     *
                                                  Special Analyses                                        Flexibility Act is not required. Pursuant                (b) * * *
                                                                                                          to section 7805(f) of the Code, this                     (7) * * *
                                                    Certain IRS regulations, including                    regulation has been submitted to the                     (ii) * * *
                                                  these, are exempt from the requirements                 Chief Counsel for Advocacy of the Small                  (B) [The text of the proposed
                                                  of Executive Order 12866, as                            Business Administration for comment                    amendment to § 1.1441–1(b)(7)(ii)(B) is
                                                  supplemented and reaffirmed by                          on its impact on small businesses.                     the same as the text of § 1.1441–
                                                  Executive Order 13653. Therefore, a                                                                            1T(b)(7)(ii)(B) published elsewhere in
                                                  regulatory assessment is not required.                  Comments and Public Hearing                            this issue of the Federal Register.]
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                    It is hereby certified that the                         Before these proposed regulations are                *      *    *     *     *
                                                  collection of information in this notice                adopted as final regulations,                            (c) * * *
                                                  of proposed rulemaking will not have a                  consideration will be given to any                       (2) * * *
                                                  significant economic impact on a                        written comments that are submitted                      (ii) [The text of the proposed
                                                  substantial number of small entities                    timely to the IRS as prescribed in this                amendment to § 1.1441–1(c)(2)(ii) is the
                                                  within the meaning of section 601(6) of                 preamble under the ‘‘ADDRESSES’’                       same as the text of § 1.1441–1T(c)(2)(ii)
                                                  the Regulatory Flexibility Act (5 U.S.C.                heading. The Treasury Department and                   published elsewhere in this issue of the
                                                  chapter 6).                                             the IRS request comments on all aspects                Federal Register.]


                                             VerDate Sep<11>2014   17:49 Jan 05, 2017   Jkt 241001   PO 00000   Frm 00039   Fmt 4702   Sfmt 4702   E:\FR\FM\06JAP1.SGM   06JAP1


                                                                             Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Proposed Rules                                             1647

                                                     (3) * * *                                            same as the text of § 1.1441–2T(a)(8)                  DEPARTMENT OF THE INTERIOR
                                                     (ii) [The text of the proposed                       published elsewhere in this issue of the
                                                  amendment to § 1.1441–1(c)(3)(ii) is the                Federal Register.]                                     National Park Service
                                                  same as the text of § 1.1441–1T(c)(3)(ii)               *     *     *    *      *
                                                  published elsewhere in this issue of the                                                                       36 CFR Part 1
                                                                                                          ■ Par. 4. Section 1.1441–6 is amended
                                                  Federal Register.]                                                                                             [NPS–WASO–REGS–17326; GPO Deposit
                                                                                                          by:
                                                  *       *    *     *     *                                                                                     Account 4311H2]
                                                                                                          ■ 1. Adding paragraphs (b)(1)(i) and
                                                     (38) * * *
                                                     (ii) [The text of the proposed                       (b)(1)(ii).                                            RIN 1024–AE30
                                                  amendment to § 1.1441–1(c)(38)(ii) is                   ■ 2. Revising paragraphs (c)(1) and
                                                                                                                                                                 General Provisions; Electronic
                                                  the same as the text of § 1.1441–                       (c)(5)(i).
                                                                                                                                                                 Cigarettes
                                                  1T(c)(38)(ii) published elsewhere in this                  The additions and revision read as
                                                  issue of the Federal Register.]                         follows:                                               AGENCY:    National Park Service; Interior.
                                                  *       *    *     *     *                                                                                     ACTION:   Proposed rule.
                                                                                                          § 1.1441–6 Claim of reduced withholding
                                                     (e) * * *
                                                                                                          under an income tax treaty.                            SUMMARY:    The National Park Service
                                                     (2) * * *
                                                     (ii) * * *                                           *      *    *     *     *                              proposes to revise the regulation that
                                                     (B) [The text of the proposed                          (b) * * *                                            defines smoking to include the use of
                                                  amendment to § 1.1441–1(e)(2)(ii)(B) is                                                                        electronic cigarettes and other electronic
                                                                                                            (1) * * *
                                                  the same as the text of § 1.1441–                                                                              nicotine delivery systems. The National
                                                                                                            (i) [The text of the proposed                        Park Service also proposes to allow a
                                                  1T(e)(2)(ii)(B) published elsewhere in
                                                                                                          amendment to § 1.1441–6(b)(1)(i) is the                superintendent to close an area,
                                                  this issue of the Federal Register.]
                                                                                                          same as the text of § 1.1441–6T(b)(1)(i)               building, structure, or facility to
                                                  *       *    *     *     *                              published elsewhere in this issue of the
                                                     (3) * * *                                                                                                   smoking when necessary to maintain
                                                                                                          Federal Register.]                                     public health and safety.
                                                     (iv) * * *
                                                     (C) * * *                                              (ii) [The text of the proposed                       DATES: Comments must be received by
                                                     (3) [The text of the proposed                        amendment to § 1.1441–6(b)(1)(ii) is the               11:59 p.m. EST on March 7, 2017.
                                                  amendment to § 1.1441–1(e)(3)(iv)(C)(3)                 same as the text of § 1.1441–6T(b)(1)(ii)              ADDRESSES: You may submit your
                                                  is the same as the text of § 1.1441–                    published elsewhere in this issue of the               comments, identified by Regulation
                                                  1T(e)(3)(iv)(C)(3) published elsewhere                  Federal Register.]                                     Identifier Number (RIN) 1024–AE30, by
                                                  in this issue of the Federal Register.]                 *      *    *     *     *                              any of the following methods:
                                                  *       *    *     *     *                                (c) * * *                                              • Electronically: Federal eRulemaking
                                                     (4) * * *                                              (1) [The text of the proposed                        Portal: http://www.regulations.gov.
                                                     (i) * * *                                            amendment to § 1.1441–6(c)(1) is the                   Follow the instructions for submitting
                                                     (B) [The text of the proposed                        same as the text of § 1.1441–6T(c)(1)                  comments.
                                                  amendment to § 1.1441–1(e)(4)(i)(B) is                  published elsewhere in this issue of the                 • Hard copy: Mail or hand deliver to:
                                                  the same as the text of § 1.1441–                       Federal Register.]                                     A.J. North, Regulations Program,
                                                  1T(e)(4)(i)(B) published elsewhere in                                                                          National Park Service, 1849 C Street
                                                                                                          *      *    *     *     *                              NW., MS–2355, Washington, DC 20240.
                                                  this issue of the Federal Register.]
                                                     (ii) * * *                                             (5) * * *                                              Instructions: All submissions received
                                                     (A) * * *                                              (i) [The text of the proposed                        must include the agency name and RIN
                                                     (2) [The text of the proposed                        amendment to § 1.1441–6(c)(5)(i) is the                for this rulemaking. We will only accept
                                                  amendment to § 1.1441–1(e)(4)(ii)(A)(2)                 same as the text of § 1.1441–6T(c)(5)(i)               comments as noted above. We will not
                                                  is the same as the text of § 1.1441–                    published elsewhere in this issue of the               accept comments via email, fax or by
                                                  1T(e)(4)(ii)(A) published elsewhere in                  Federal Register.]                                     any other methods. All comments
                                                  this issue of the Federal Register.]                    *      *    *     *     *                              received will be posted without change
                                                  *       *    *     *     *                                                                                     to http://www.regulations.gov, including
                                                                                                          ■ Par. 5. Section 1.1441–7 is amended
                                                     (iv) * * *                                                                                                  any personal information provided. For
                                                                                                          by adding paragraph (b)(10)(iv) to read                additional information, see the Public
                                                     (D) [The text of the proposed                        as follows:
                                                  amendment to § 1.1441–1(e)(4)(iv)(D) is                                                                        Participation heading of the
                                                  the same as the text of § 1.1441–                       § 1.1441–7 General provisions relating to              SUPPLEMENTARY INFORMATION section of
                                                  1T(e)(4)(iv)(D) published elsewhere in                  withholding agents.                                    this document.
                                                  this issue of the Federal Register.]                    *     *     *     *     *                                Docket: For access to the docket to
                                                     (E) [The text of the proposed                                                                               read background documents or
                                                                                                            (b) * * *                                            comments received, go to http://
                                                  amendment to § 1.1441–1(e)(4)(iv)(E) is
                                                  the same as the text of § 1.1441–                         (10) * * *                                           www.regulations.gov.
                                                  1(e)(4)(iv)(E) published elsewhere in                     (iv) [The text of the proposed                       FOR FURTHER INFORMATION CONTACT:   Sara
                                                  this issue of the Federal Register.]                    amendment to § 1.1441–7(b)(10)(iv) is                  Newman, Director, Office of Public
                                                  *       *    *     *     *                              the same as the text of § 1.1441–                      Health, by telephone 202–513–7225, or
                                                                                                          7T(b)(10)(iv) published elsewhere in
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  ■ Par. 3. Section 1.1441–2 is amended                                                                          email sara_newman@nps.gov.
                                                  by adding paragraph (a)(8) to read as                   this issue of the Federal Register.]
                                                                                                                                                                 SUPPLEMENTARY INFORMATION:
                                                  follows:                                                *     *     *     *     *
                                                                                                                                                                 Background
                                                  § 1.1441–2 Amounts subject to                           John Dalrymple,
                                                  withholding.                                            Deputy Commissioner for Services and                   General Authority and Jurisdiction
                                                    (a) * * *                                             Enforcement.                                            In the National Park Service Organic
                                                    (8) [The text of the proposed                         [FR Doc. 2016–31589 Filed 12–30–16; 4:15 pm]           Act of 1916, Congress granted the
                                                  amendment to § 1.1441–2(a)(8) is the                    BILLING CODE 4830–01–P                                 National Park Service (NPS) broad


                                             VerDate Sep<11>2014   17:49 Jan 05, 2017   Jkt 241001   PO 00000   Frm 00040   Fmt 4702   Sfmt 4702   E:\FR\FM\06JAP1.SGM   06JAP1



Document Created: 2017-01-06 01:30:34
Document Modified: 2017-01-06 01:30:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking by cross-reference to temporary regulations.
DatesWritten or electronic comments and requests for a public hearing must be received by April 6, 2017.
ContactConcerning the proposed regulations, Leni Perkins, (202) 317-6942; concerning submissions of comments and/or requests for a public hearing, Regina Johnson, (202) 317-6901 (not toll-free numbers).
FR Citation82 FR 1645 
RIN Number1545-BN73
CFR AssociatedIncome Taxes and Reporting and Recordkeeping Requirements

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR