Skip to content

Title 26 — Internal Revenue Code

Chapter 3 — Withholding of Tax on Nonresident Aliens and Foreign Corporations

§ 1443. Foreign tax-exempt organizations

Statutory text

(a)

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.

(b)

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.

  1. 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. 358

  2. Tax Reform Act of 1969

    Pub. L. 91–172 § 101(j)(22) · 83 Stat. 487

    1. Amended · 26 U.S.C. § 1443

      Pub. L. 91–172, § 101(j)(22), designated existing provisions as subsec. (a)

    2. 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.

  3. 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.

  4. 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
  1. 1954Aug. 16, 1954, ch. 736, 68A Stat. 358
  2. 1969Pub. L. 91–172, title I, §§ 101(j)(22), 121(d)(2)(C), , 83 Stat. 528, 547
  3. 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.)

Parsed from the official OLRC USLM XML in data/usc_all/usc26.xml · release point 119-108 · OLRC build 2026-09-16

USLM identifier /us/usc/t26/s1443