There is hereby imposed on any foreign person that receives a specified Federal procurement payment a tax equal to 2 percent of the amount of such specified Federal procurement payment.
For purposes of this section, the term "specified Federal procurement payment" means any payment made pursuant to a contract with the Government of the United States for—
(1) the provision of goods, if such goods are manufactured or produced in any country which is not a party to an international procurement agreement with the United States, or
(2) the provision of services, if such services are provided in any country which is not a party to an international procurement agreement with the United States.
For purposes of this section, the term "foreign person" means any person other than a United States person.
The amount deducted and withheld under chapter 3 shall be increased by the amount of tax imposed by this section on such payment.
For purposes of subtitle F, any tax imposed by this section shall be treated as a tax imposed by subtitle A.
(Added Pub. L. 111–347, title III, §301(a)(1), Jan. 2, 2011, 124 Stat. 3666.)
Pub. L. 111–347, title III, §301(a)(3), Jan. 2, 2011, 124 Stat. 3666, provided that: "The amendments made by this subsection [enacting this section] shall apply to payments received pursuant to contracts entered into on and after the date of the enactment of this Act [Jan. 2, 2011]."
Pub. L. 111–347, title III, §301(b), Jan. 2, 2011, 124 Stat. 3666, provided that:
"(1)
"(2)
"(3)
Pub. L. 111–347, title III, §301(c), Jan. 2, 2011, 124 Stat. 3666, provided that: "This section [enacting this section and provisions set out as notes under this section] and the amendments made by this section shall be applied in a manner consistent with United States obligations under international agreements."
§ 1.5000C-0 | Outline of regulation provisions for section 5000C |
§ 1.5000C-1 | Tax on specified Federal procurement payments |
§ 1.5000C-2 | Withholding on specified Federal procurement payments |
§ 1.5000C-3 | Payment and returns of tax withheld by the acquiring agency |
§ 1.5000C-4 | Requirement for the foreign contracting party to file a return and pay tax, and procedures for the contracting party to seek a refund |
§ 1.5000C-5 | Anti-abuse rule |
§ 1.5000C-6 | Examples |
§ 1.5000C-7 | Effective/applicability date |
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