IRS REVISES PUBLICATIONS ON WITHHOLDING, TAX TREATIES.
Announcement 2000-89; 2000-2 C.B. 467
- Institutional AuthorsInternal Revenue Service
- Code Sections
- Subject Area/Tax Topics
- Index Termstax treatiesaliens, nonresident, withholdingforeign firms, withholding
- Jurisdictions
- LanguageEnglish
- Tax Analysts Document NumberDoc 2000-28539 (2 original pages)
- Tax Analysts Electronic Citation2000 TNT 215-6
Announcement 2000-89
[1] The United States recently exchanged instruments of ratification for a new income tax treaty with Ukraine. The provisions for taxes withheld on interest, dividends, and royalties are effective for amounts paid or credited on or after August 1, 2000. For other taxes, the provisions are effective for tax periods beginning on or after January 1, 2001.
[2] Previously, residents of Ukraine were covered under the treaty between the United States and the former Soviet Union. A person entitled to benefits under that treaty can elect to have that treaty apply in its entirety for the first tax year for which the new treaty would otherwise apply. A person claiming benefits under Article III(1)(d) of the treaty between the United States and the former Soviet Union can elect to have the treaty apply in its entirety for the duration of the period of benefits provided by that subparagraph.
[3] This announcement provides additions to Tables 1 and 2 in Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Corporations (For Withholding in 2000), and Publication 901, U.S. Tax Treaties, to reflect the provisions of the new treaty. The footnotes in Publication 515 that relate to the column headings in these tables generally apply to this new treaty.
TABLE 1. WITHHOLDING TAX RATES ON INCOME OTHER THAN PERSONAL
SERVICE INCOME UNDER CHAPTER 3, INTERNAL REVENUE CODE,
AND INCOME TAX TREATIES -- FOR WITHHOLDING IN 2000
______________________________________________________________________
Income code
number 1 2 3 6 7
______________________________________________________________________
Country of
residence of
payee Dividends paid by
_______________ ____________________
Interest U.S. sub-
Interest paid to sidiaries
paid by Interest controlling U.S. to foreign
U.S. on real foreign Corpora- parent
obligors property corpora- tions corpora-
Name Code General mortgages tions General tions
______________________________________________________________________
Ukraine UP 0 0 0 15 5
/a/ /a/ /c/ /a/ /a/ /d/ /a/ /d/
______________________________________________________________________
[table continued]
______________________________________________________________________
Income code
number 9 10 11 12 13 14
______________________________________________________________________
Country of
residence Copyright
of payee royalties
__________ _________________
Real
Property
Income
Motion and
Indus- Pictures Natural Pensions
Capital trial and Resources and
Name Gains Royalties Television Other Royalties Annuities
_____________________________________________________________________
Ukraine 0 10 10 10 30 0
/a/ /e/ /a/ /a/ /a/ /b/
_____________________________________________________________________
/a/ Under the treaty the exemption or reduction in rate does not apply if the recipient has a permanent establishment in the United States and the property giving rise to the income is effectively connected with this permanent establishment. Exemption or reduction in rate also does not apply if the property producing the income is effectively connected with a fixed base in the United States from which the recipient performs independent personal services.
/b/ Exemption does not apply to U.S. Government (federal, state or local) pensions and annuities; a 30% rate applies to these pensions and annuities.
/c/ Exemption or reduced rate does not apply to an excess inclusion for a residual interest in a real estate mortgage investment conduit (REMIC).
/d/ The rate in column 6 applies to dividends paid by a regulated investment company (RIC). Dividends paid by a real estate investment trust (REIT) are subject to a 30% rate.
/e/ Gain on real or personal property attributable to a permanent establishment or a fixed base is subject to U.S. tax. See Publication 515 for when withholding is required.
END OF FOOTNOTES TO TABLE 1
TABLE 2. COMPENSATION FOR PERSONAL SERVICES PERFORMED IN
UNITED STATES EXEMPT FROM WITHHOLDING AND U.S. INCOME TAX
UNDER INCOME TAX TREATIES
____________________________________________________________________
Category of Personal Services Maximum
_______________________________________ Presence
Country Code Purpose in U.S.
1 2 3 4
______________________________________________________________________
Ukraine 15 Scholarship or fellowship grant 1 5 years 2
16 Independent personal services 4 /6/ No limit
17 Dependent personal services 5 /6/ 8 183 days
19 Studying and training:
Remittances or allowances 7 5 years 2
______________________________________________________________________
[table continued]
______________________________________________________________________
Maximum Treaty
Amount of Article
Country Code Required Employer or Payer Compensation Citation
1 2 5 6 7
______________________________________________________________________
Ukraine 15 Any U.S. or foreign resident 3 No limit 20
16 Any contractor No limit 14
17 Any foreign resident No limit 15
19 Any foreign resident No limit 20
______________________________________________________________________
1 Applies to grants, allowances, and other similar payments received for studying or doing research.
2 The 5-year limit pertains only to training or research.
3 Grant must be from a nonprofit organization. The exemption also applies to amounts from either government.
4 Exemption does not apply to the extent income is attributable to the recipient's fixed U.S. base.
5 Fees paid to a resident of Ukraine for services as a director of a U.S. corporation are subject to U.S. tax, unless the services are rendered in Ukraine.
6 The exemption does not apply if the employee's compensation is borne by a permanent establishment (or a fixed base) that the employer has in the United States.
7 Does not apply to compensation for research work primarily for private benefit.
8 The exemption does not apply to income received for performing services in the United States as an entertainer or a sportsman. However, this income is exempt for U.S. income tax if the visit is (a) substantially supported by public funds of Ukraine, its political subdivisions, or local authorities, or (b) made under a specific arrangement agreed to by the governments of the treaty countries.
END OF FOOTNOTES TO TABLE 2
- Institutional AuthorsInternal Revenue Service
- Code Sections
- Subject Area/Tax Topics
- Index Termstax treatiesaliens, nonresident, withholdingforeign firms, withholding
- Jurisdictions
- LanguageEnglish
- Tax Analysts Document NumberDoc 2000-28539 (2 original pages)
- Tax Analysts Electronic Citation2000 TNT 215-6