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26 U.S.C. § 33 — Tax withheld at source on nonresident aliens and foreign corporations
Federal law — U.S. Code and appendices · legal_authorities
There shall be allowed as a credit against the tax imposed by this subtitle the amount of tax withheld at source under subchapter A of chapter 3 (relating to withholding of tax on nonresident aliens and on foreign corporations).
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Source file: Laws/federal/codes/united-states-code/title-26/section-33-tax-withheld-at-source-on-nonresident-aliens-and-foreign-corporations--ff81726e2c.md
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Source location: Title 26, Chapter 1, § 33; chapter-001-normal-taxes-and-surtaxes.md
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There shall be allowed as a credit against the tax imposed by this subtitle the amount of tax withheld at source under subchapter A of chapter 3 (relating to withholding of tax on nonresident aliens and on foreign corporations).
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts Aug. 16, 1954, ch. 736, 68A Stat. 359; Oct. 4, 1976, Pub. L. 94–455, title XIX, § 1906(b)(13)(A), 90 Stat. 1834, related to tax-free covenant bonds. The repeal was not applicable with respect to obligations issued before Jan. 1, 1984, pursuant to section 475(b) of Pub. L. 98–369, set out as an Effective Date of 1984 Amendment note under [section 33 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section33&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 1451
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Allowance of credit**
(1) **In general** — In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the credit percentage of so much of the taxpayer’s earned income for the taxable year as does not exceed the earned income amount.
(2) **Limitation** — The amount of the credit allowable to a taxpayer under paragraph (1) for any taxable year shall not exceed the excess (if any) of—
(A) the credit percentage of the earned income amount, over
(B) the phaseout percentage of so much of the adjusted gross income (or, if greater, the earned income) of the taxpayer for the taxable year as exceeds the phaseout amount.
**(b) Percentages and amounts** For purposes of subsection (a)—
(1) **Percentages** — The credit percentage and the phaseout percentage shall be determined as follows: In the case of an eligible individual with:The credit percentage is:Thephaseoutpercentageis: 1 qualifying child3415.98 2 qualifying children4021.06 3 or more qualifying children4521.06 No qualifying children7.65 7.65
(2) **Amounts**
(A) *In general* — Subject to subparagraph (B), the earned income amount and the phaseout amount shall be determined as follows: In the case of an eligible individual with:The earned income amount is:Thephaseoutamount is: 1 qualifying child$6,330$11,610 2 or more qualifying children$8,890$11,610 No qualifying children$4,220 $5,280
(B) *Joint returns* — In the case of a joint return filed by an eligible individual and such individual’s spouse, the phaseout amount determined under subparagraph (A) shall be increased by $5,000.
**(c) Definitions and special rules** For purposes of this section—
(1) **Eligible individual**
(A) *In general* — The term “e
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 32
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Federal law — U.S. Code and appendices · legal_authorities
The amount of taxes imposed by foreign countries and possessions of the United States shall be allowed as a credit against the tax imposed by this chapter to the extent provided in section 901 11 So in original. Probably should be followed by a period.
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 27
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Federal law — U.S. Code and appendices · legal_authorities
(1) For tax on the unrelated business income of certain charitable and other corporations exempt from tax under this chapter, see section 511.
(2) For accumulated earnings tax and personal holding company tax, see parts I and II of subchapter G (sec. 531 and following).
(3) For doubling of tax on corporations of certain foreign countries, see section 891.
(4) For rate of withholding in case of foreign corporations, see section 1442.
(5) For alternative minimum tax, see section 55.
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 12
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** Except as otherwise provided in subsection (c), all persons, in whatever capacity acting (including lessees or mortgagors of real or personal property, fiduciaries, employers, and all officers and employees of the United States) having the control, receipt, custody, disposal, or payment of any of the items of income specified in subsection (b) (to the extent that any of such items constitutes gross income from sources within the United States), of any nonresident alien individual or of any foreign partnership shall (except as otherwise provided in regulations prescribed by the Secretary under section 874) deduct and withhold from such items a tax equal to 30 percent thereof, except that in the case of any item of income specified in the second sentence of subsection (b), the tax shall be equal to 14 percent of such item.
**(b) Income items** The items of income referred to in subsection (a) are interest (other than original issue discount as defined in section 1273), dividends, rent, salaries, wages, premiums, annuities, compensations, remunerations, emoluments, or other fixed or determinable annual or periodical gains, profits, and income, gains described in section 631(b) or (c), amounts subject to tax under section 871(a)(1)(C), and gains subject to tax under section 871(a)(1)(D). The items of income referred to in subsection (a) from which tax shall be deducted and withheld at the rate of 14 percent are amounts which are received by a nonresident alien individual who is temporarily present in the United States as a nonimmigrant under subparagraph (F), (J), (M), or (Q) of section 101(a)(15) of the Immigration and Nationality Act and which are—
(1) incident to a qualified scholarship to which section 117(a) applies, but only to the extent includ
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 1441
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** In the case of foreign corporations subject to taxation under this subtitle, there shall be deducted and withheld at the source in the same manner and on the same items of income as is provided in section 1441 a tax equal to 30 percent thereof. For purposes of the preceding sentence, the references in section 1441(b) to sections 871(a)(1)(C) and (D) shall be treated as referring to sections 881(a)(3) and (4), the reference in section 1441(c)(1) to section 871(b)(2) shall be treated as referring to section 842 or section 882(a)(2), as the case may be, the reference in section 1441(c)(5) to section 871(a)(1)(D) shall be treated as referring to section 881(a)(4), the reference in section 1441(c)(8) to section 871(a)(1)(C) shall be treated as referring to section 881(a)(3), the references in section 1441(c)(9) to sections 871(h) and 871(h)(3) or (4) shall be treated as referring to sections 881(c) and 881(c)(3) or (4), the reference in section 1441(c)(10) to section 871(i)(2) shall be treated as referring to section 881(d), and the references in section 1441(c)(12) to sections 871(a) and 871(k) shall be treated as referring to sections 881(a) and 881(e) (except that for purposes of applying subparagraph (A) of section 1441(c)(12), as so modified, clause (ii) of section 881(e)(1)(B) shall not apply to any dividend unless the regulated investment company knows that such dividend is a dividend referred to in such clause).
**(b) Exemption** Subject to such terms and conditions as may be provided by regulations prescribed by the Secretary, subsection (a) shall not apply in the case of a foreign corporation engaged in trade or business within the United States if the Secretary determines that the requirements of subsection (a) impose an undue administrative
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 1442
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** Except as otherwise provided in this section, the following taxes shall be allowed as a deduction for the taxable year within which paid or accrued:
(1) State and local, and foreign, real property taxes.
(2) State and local personal property taxes.
(3) State and local, and foreign, income, war profits, and excess profits taxes.
(4) The GST tax imposed on income distributions.
In addition, there shall be allowed as a deduction State and local, and foreign, taxes not described in the preceding sentence which are paid or accrued within the taxable year in carrying on a trade or business or an activity described in section 212 (relating to expenses for production of income). Notwithstanding the preceding sentence, any tax (not described in the first sentence of this subsection) which is paid or accrued by the taxpayer in connection with an acquisition or disposition of property shall be treated as part of the cost of the acquired property or, in the case of a disposition, as a reduction in the amount realized on the disposition.
**(b) Definitions and special rules** For purposes of this section—
(1) **Personal property taxes** — The term “personal property tax” means an ad valorem tax which is imposed on an annual basis in respect of personal property.
(2) **State or local taxes** — A State or local tax includes only a tax imposed by a State, a possession of the United States, or a political subdivision of any of the foregoing, or by the District of Columbia.
(3) **Foreign taxes** — A foreign tax includes only a tax imposed by the authority of a foreign country.
(4) **Special rules for GST tax**
(A) *In general* — The GST tax imposed on income distributions is—
(i) the tax imposed by section 2601, and
(ii) any State tax described i
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 164
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement of reporting** Every person—
(1) who makes payments of interest (as defined in subsection (b)) aggregating $10 or more to any other person during any calendar year, or
(2) who receives payments of interest (as so defined) as a nominee and who makes payments aggregating $10 or more during any calendar year to any other person with respect to the interest so received,
shall make a return according to the forms or regulations prescribed by the Secretary, setting forth the aggregate amount of such payments and the name and address of the person to whom paid.
**(b) Interest defined**
(1) **General rule** — For purposes of subsection (a), the term “interest” means—
(A) interest on any obligation—
(i) issued in registered form, or
(ii) of a type offered to the public,
other than any obligation with a maturity (at issue) of not more than 1 year which is held by a corporation,
(B) interest on deposits with persons carrying on the banking business,
(C) amounts (whether or not designated as interest) paid by a mutual savings bank, savings and loan association, building and loan association, cooperative bank, homestead association, credit union, industrial loan association or bank, or similar organization, in respect of deposits, investment certificates, or withdrawable or repurchasable shares,
(D) interest on amounts held by an insurance company under an agreement to pay interest thereon,
(E) interest on deposits with brokers (as defined in section 6045(c)),
(F) interest paid on amounts held by investment companies (as defined in section 3 of the Investment Company Act of 1940 ([15 U.S.C. 80a–3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section80a–3&num=0&edition=prelim))) and on amounts invested in o
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 6049
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** When used in this title, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof—
(1) **Person** — The term “person” shall be construed to mean an+d include an individual, a trust, estate, partnership, association, company or corporation.
(2) **Partnership and partner** — The term “partnership” includes a syndicate, group, pool, joint venture, or other unincorporated organization, through or by means of which any business, financial operation, or venture is carried on, and which is not, within the meaning of this title, a trust or estate or a corporation; and the term “partner” includes a member in such a syndicate, group, pool, joint venture, or organization.
(3) **Corporation** — The term “corporation” includes associations, joint-stock companies, and insurance companies.
(4) **Domestic** — The term “domestic” when applied to a corporation or partnership means created or organized in the United States or under the law of the United States or of any State unless, in the case of a partnership, the Secretary provides otherwise by regulations.
(5) **Foreign** — The term “foreign” when applied to a corporation or partnership means a corporation or partnership which is not domestic.
(6) **Fiduciary** — The term “fiduciary” means a guardian, trustee, executor, administrator, receiver, conservator, or any person acting in any fiduciary capacity for any person.
(7) **Stock** — The term “stock” includes shares in an association, joint-stock company, or insurance company.
(8) **Shareholder** — The term “shareholder” includes a member in an association, joint-stock company, or insurance company.
(9) **United States** — The term “United States” when used in a geographical sense includes only the States and the District of Columb
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 7701
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Federal law — U.S. Code and appendices · legal_authorities
Page 148
TITLE 26—INTERNAL REVENUE CODE
§ 33
‘‘(2) NO EFFECT ON DETERMINATION OF GROSS INCOME,
ETC.—Except as otherwise provided in this section,
the Internal Revenue Code of 1986 shall be applied
without regard to any substitution under subsection
(a).’’
STUDY ON EARNED INCOME TAX CREDIT CERTIFICATION
PROGRAM
Pub. L. 108–199, div. F, title II, § 206, Jan. 23, 2004, 118
Stat. 319, provided that:
‘‘(a) STUDY.—The Internal Revenue Service shall con-
duct a study, as a part of any program that requires
certification (including pre-certification) in order to
claim the earned income tax credit under section 32 of
the Internal Revenue Code of 1986, on the following
matters:
‘‘(1) The costs (in time and money) incurred by the
participants in the program.
‘‘(2) The administrative costs incurred by the Inter-
nal Revenue Service in operating the program.
‘‘(3) The percentage of individuals included in the
program who were not certified for the credit, includ-
ing the percentage of individuals who were not cer-
tified due to—
‘‘(A) ineligibility for the credit; and
‘‘(B) failure to complete the requirements for cer-
tification.
‘‘(4) The percentage of individuals to whom para-
graph (3)(B) applies who were—
‘‘(A) otherwise eligible for the credit; and
‘‘(B) otherwise ineligible for the credit.
‘‘(5) The percentage of individuals to whom para-
graph (3)(B) applies who—
‘‘(A) did not respond to the request for certifi-
cation; and
‘‘(B) responded to such request but otherwise
failed to complete the requirements for certifi-
cation.
‘‘(6) The reasons—
‘‘(A) for which individuals described in paragraph
(5)(A) did not respond to requests for certification;
and
‘‘(B) for which individuals described in paragraph
(5)(B) had difficulty in completing the require
Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 33
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