Title 26 — Internal Revenue Code
Chapter 3 — Withholding of Tax on Nonresident Aliens and Foreign Corporations
§ 1443. Foreign tax-exempt organizations
Statutory text
Income subject to section 511
In the case of income of a foreign organization subject to the tax imposed by section 511, this chapter shall apply to income includible under section 512 in computing its unrelated business taxable income, but only to the extent and subject to such conditions as may be provided under regulations prescribed by the Secretary.
Income subject to section 4948
In the case of income of a foreign organization subject to the tax imposed by section 4948(a), this chapter shall apply, except that the deduction and withholding shall be at the rate of 4 percent and shall be subject to such conditions as may be provided under regulations prescribed by the Secretary.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Aug. 16, 1954, ch. 736, 68A Stat. 358 · 68A Stat. 358
Enacted · 26 U.S.C. § 1443
Aug. 16, 1954, ch. 736, 68A Stat. 358
Source evidence
Code source credit
Aug. 16, 1954, ch. 736, 68A Stat. 358Tax Reform Act of 1969
Pub. L. 91–172 § 101(j)(22) · 83 Stat. 487
Amended · 26 U.S.C. § 1443
Pub. L. 91–172, § 101(j)(22), designated existing provisions as subsec. (a)
Added · 26 U.S.C. § 1443
Pub. L. 91–172, § 101(j)(22), added subsec. (b)
Source evidence
Code amendment note
Pub. L. 91–172, § 101(j)(22), designated existing provisions as subsec. (a) and added subsec. (b).Enacted provision · exact public law section
(22) Section 1443 (relating to foreign tax-exempt organizations) is amended by— (A) inserting “(a) Income Subject to Section 511.—” before “In the case of”, and (B) adding subsection (b) to read as follows: “(b) Income Subject to Section 4948.— In the case of income of Ante, p. 518. a foreign organization subject to the tax imposed by section 4948(a), this chapter shall apply, except that the deduction and withholding shall be at the rate of 4 percent and shall be subject to such conditions as may be provided under regulations prescribed by the Secretary or his delegate.”Effective date note
Amendment by section 101(j)(22) of Pub. L. 91–172 effective Jan. 1, 1970, see section 101(k)(1) of Pub. L. 91–172, set out as an Effective Date note under section 4940 of this title. Amendment by section 121(d)(2)(C) of Pub. L. 91–172 applicable to taxable years beginning after Dec. 31, 1969, see section 121(g) of Pub. L. 91–172, set out as a note under section 511 of this title.Tax Reform Act of 1969
Pub. L. 91–172 § 121(d)(2)(C) · 83 Stat. 487
Substituted · 26 U.S.C. § 1443(a)
Pub. L. 91–172, § 121(d)(2)(C), substituted “income” for “rents” after “this chapter shall apply to”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 91–172, § 121(d)(2)(C), substituted “income” for “rents” after “this chapter shall apply to”.Enacted provision · exact public law section
(C) Section 1443(a) (relating to withholding of tax on Ante, p 528. payments to foreign tax-exempt organizations) is amended by striking out “rents” and inserting in lieu thereof “income”.Effective date note
Amendment by section 101(j)(22) of Pub. L. 91–172 effective Jan. 1, 1970, see section 101(k)(1) of Pub. L. 91–172, set out as an Effective Date note under section 4940 of this title. Amendment by section 121(d)(2)(C) of Pub. L. 91–172 applicable to taxable years beginning after Dec. 31, 1969, see section 121(g) of Pub. L. 91–172, set out as a note under section 511 of this title.Pub. L. 94–455 title XIX § 1906(b)(13)(A) · 90 Stat. 1520
Struck · 26 U.S.C. § 1443
Pub. L. 94–455 struck out “or his delegate” after “Secretary” in two places
Source evidence
Code amendment note
Pub. L. 94–455 struck out “or his delegate” after “Secretary” in two places.Enacted provision · exact public law section
(A) The Internal Revenue Code of 1954, as amended by this Act, is amended by striking out “Secretary or his delegate” each place it appears and inserting in lieu thereof “Secretary”.
4 of 5 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1969–1976 · 2 rounds
1976
Pub. L. 94–455 struck out “or his delegate” after “Secretary” in two places.
1969
Pub. L. 91–172, § 101(j)(22), designated existing provisions as subsec. (a) and added subsec. (b).
Subsec. (a). Pub. L. 91–172, § 121(d)(2)(C), substituted “income” for “rents” after “this chapter shall apply to”.
Statutory Notes and Related Subsidiaries
Effective Date of 1969 Amendment
Amendment by section 101(j)(22) of Pub. L. 91–172 effective , see section 101(k)(1) of Pub. L. 91–172, set out as an Effective Date note under section 4940 of this title.
Amendment by section 121(d)(2)(C) of Pub. L. 91–172 applicable to taxable years beginning after , see section 121(g) of Pub. L. 91–172, set out as a note under section 511 of this title.
Credits
1954–1976 · 3 acts
- 1954Aug. 16, 1954, ch. 736, 68A Stat. 358
- 1969Pub. L. 91–172, title I, §§ 101(j)(22), 121(d)(2)(C), , 83 Stat. 528, 547
- 1976Pub. L. 94–455, title XIX, § 1906(b)(13)(A), , 90 Stat. 1834.
Show as published
(Aug. 16, 1954, ch. 736, 68A Stat. 358; Pub. L. 91–172, title I, §§ 101(j)(22), 121(d)(2)(C), , 83 Stat. 528, 547; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), , 90 Stat. 1834.)