- 179 - The Commissioner has ruled that the section 1.861- 2(b)(1)(i)(a), Income Tax Regs., definition of "persons" prevails over the section 581 definition (the first requirement, supra), which applies the term "bank" only to corporations. Rev. Rul. 83-176, 1983-2 C.B. at 112. The Commissioner, however, has ruled that the "other language in section 581 relating to banking activities can be used as an indication of the requirements necessary to be considered engaged in the banking business." Id. In other words, the ruling requires the interest payor to meet only the second and third requirements of the section 581 definition of "bank" in order to be considered "carrying on the banking business" for purposes of section 861(c). (2) Taxation of Interest Section 871(a)(1)(A) imposes on a nonresident alien individual and section 881(a)(1) imposes on a foreign corporation a tax of 30 percent of the amount of interest that is treated as income from sources within the United States, if the interest is not effectively connected income to the recipient. Interest that is treated as income from sources without the United States is not subject to tax pursuant to either section 871(a) or section 881(a). Section 1441(a) provides that any person "having the control, receipt, custody, disposal, or payment of any of the items of income specified in * * * [section 1441](b) (to thePage: Previous 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 Next
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