- 14 - the contract would be performed in the United States. Respondent argues that under the regulations, income is fixed when it is to be paid in amounts definitely predetermined, and determinable whenever there is a basis of calculation by which the amount may be ascertained. Secs. 1.1441-2(a)(1) and (2), Income Tax Regs; see also sec. 1.881-2(b), Income Tax Regs. The decision here to allocate the contract for research and development was consistently made by A-Alpha during a tax year of the limited partnerships that was later than the year of payment by the limited partnerships. Respondent argues that in instances like the present case where it is not yet determinable what portion of a payment is subject to withholding, the regulations provide that the withholding agent should withhold on the entire amount, and the payee can then apply for a refund.13 Specifically, section 1.1441-3(d), Income Tax Regs., provides that where the withholding agent does not know the amount of recognized gain, he is required to deduct and withhold an amount sufficient to ensure that not less than 30 percent of the recognized gain is taxed. This treatment is limited to amounts described in section 1.1441- 2(b)(2), Income Tax Regs, which enumerates certain income items subject to the 30-percent withholding. None of the categories of 13 This argument is at odds with respondent's argument that withholding was only required in the portion of the contract performed in the United States.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011