- 184 - is not effectively connected income to the recipient. 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 the extent that any of such items constitutes gross income from sources within the United States), of any nonresident alien individual" must deduct and withhold from such income a tax of 30 percent of the amount of such income. The income items specified in section 1441(b) include, inter alia, dividends. Section 1461 imposes liability for the tax due on every person required to deduct and to withhold the tax imposed pursuant to section 1441(a). Section 7701(a)(1) provides that the term "person" means and includes "an individual, a trust, estate, partnership, association, company or corporation." Sec. 7701(a)(16) provides that the term "withholding agent" means "any person required to deduct and withhold any tax under the provisions of section 1441, 1442, 1443, or 1461." The regulations promulgated pursuant to section 1441 provide: For purposes of chapter 3 of the Code, the term "withholding agent" means any person who pays or causes to be paid an item of income specified in � 1.1441-2 to (or to the agent of) a nonresident alien individual, a foreign partnership, a nonresident alien or foreign fiduciary of a trust or estate, or a foreign corporation, and who is required to withhold tax under sections 1441, 1442, 1443, or 1451 from such item of income. Any person who meets the definition of a withholding agent is required to file the returns prescribed by � 1.1461-1. * * * [Sec. 1.1441-7(a)(1), Income Tax Regs.]Page: Previous 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 Next
Last modified: May 25, 2011