§ 1.1474-6T - Coordination of chapter 4 with other withholding provisions (temporary).

§ 1.1474-6T Coordination of chapter 4 with other withholding provisions (temporary).

(a) [Reserved] For further guidance, see § 1.1474-6(a).

(b) [Reserved] For further guidance, see § 1.1474-6(b).

(1) In general. In the case of a withholdable payment that is both subject to withholding under chapter 4 and is an amount subject to withholding under § 1.1441-2(a), a withholding agent may credit the withholding applied under chapter 4 against its liability for any tax due under sections 1441, 1442, or 1443. See § 1.1474-1(c) and (d) for the income tax return and information return reporting requirements that apply in the case of a payment that is a withholdable payment subject to withholding under chapter 4 that is also an amount subject to withholding under § 1.1441-2(a).

(2) through (3) [Reserved] For further guidance, see § 1.1474-6(b)(2) through (3).

(c) through (e) [Reserved] For further guidance, see § 1.1474-6(c) through (e).

(f) Coordination with section 3406. A participating FFI that makes a withholdable payment that is also a reportable payment (as defined in the relevant sections of chapter 61) to a recalcitrant account holder that is a U.S. non-exempt recipient is not required to withhold under section 3406 if it withholds on the payment at a 30-percent rate in accordance with its withholding obligations under chapter 4. See, however, § 1.1471-4(b)(3)(iii) for the election to withhold on recalcitrant account holders that are non-exempt U.S. recipients under section 3406 instead of withholding under chapter 4.

(g) [Reserved] For further guidance, see § 1.1474-6(g).

(h) Expiration date. The applicability of this section expires on February 28, 2017.

[T.D. 9657, 79 FR 12865, Mar. 6, 2014]