Appendix C: Treasury Decision 2313

 
 
                               Treasury Decisions 
                           Under Internal Revenue Laws 
                              of the United States 
 
                                     Vol. 18 
 
                              January-December 1916 
 
                                  W. G. McAdoo 
                            Secretary of the Treasury 
                                   Washington 
 
                           Government Printing Office 
                                      1917 
 
                                   (T.D. 2313) 
                                   Income Tax 
 
        Taxability of  interest from  bonds and  dividends  on  stock  of 
        domestic  corporations  owned  by  nonresident  aliens,  and  the 
        liabilities of  nonresident aliens  under section 2 of the act of 
        October 3, 1913. 
 
                                                      Treasury Department 
                               Office of Commissioner of Internal Revenue 
                                          Washington D.C., March 21, 1916 
 
 
        To collectors of internal revenue: 
 
             Under the decision of the Supreme Court of the United States 
        in the  case of  Brushaber v.  Union Pacific  Railway [sic]  Co., 
        decided January  24, 1916, it is hereby held that income accruing 
        to nonresident  aliens in the form of interest from the bonds and 
        dividends on the stock of domestic corporations is subject to the 
        income tax imposed by the act of October 3, 1913. 
 
             Nonresident  aliens   are  not   entitled  to  the  specific 
        exemption designated  in paragraph  C of  the income-tax law, but 
        are liable  for the normal and additional tax upon the entire net 
        income "from all property owned, and of every business, trade, or 
        profession carried  on in  the United  States," computed upon the 
        basis prescribed in the law. 
 
             The  responsible   heads,  agents,   or  representatives  of 
        nonresident aliens,  who are  in charge  of the property owned or 
        business carried  on within  the United States, shall make a full 
        and complete  return  of  the  income  therefrom  on  Form  1040, 
        revised, and  shall pay  any and  all tax, normal and additional, 
        assessed upon  the income  received by  them in  behalf of  their 
        nonresident alien principals. 
 
             The  person,   firm,  company,  copartnership,  corporation, 
        joint-stock company, or association, and insurance company in the 
        United States,  citizen or  resident alien,  in whatever capacity 
        acting, having  the control,  receipt, disposal,  or  payment  of 
        fixed or  determinable annual  or periodic  gains,  profits,  and 
        income of  whatever kind,  to  a  nonresident  alien,  under  any 
        contract or  otherwise, which payment shall represent income of a 
        nonresident alien  from the  exercise of  any trade or profession 
        within the  United States,  shall deduct  and withhold  from such 
        annual or  periodic gains,  profits, and  income,  regardless  of 
        amount, and  pay to  the officer  of the United States Government 
        authorized to  receive the same such sum as will be sufficient to 
        pay the  normal tax  of 1 per cent imposed by law, and shall make 
        an annual return on Form 1042. 
 
             The normal  tax shall  be withheld at the source from income 
        accrued to  nonresident aliens  from  corporate  obligations  and 
        shall  be   returned  and   paid  to  the  Government  by  debtor 
        corporations and  withholding agents  as in  the case of citizens 
        and  resident   aliens,  but  without  benefit  of  the  specific 
        exemption designated in paragraph C of the law. 
 
             Form 1008,  revised, claiming the benefit of such deductions 
        as may  be applicable  to income arising within the United States 
        and for  refund of excess tax withheld, as provided by paragraphs 
        B and  P of  the income-tax  law, may  be  filed  by  nonresident 
        aliens,  their   agents  or   representatives,  with  the  debtor 
        corporation, withholding  agent, or collector of internal revenue 
        for the  district in  which the withholding return is required to 
        be made. 
 
             That part  of paragraph E of the law which provides that "if 
        such person  * *  * is  absent from  the United States, * * * the 
        return and  application may  be made for him or her by the person 
        required to  withhold and  pay the  tax *  * *"  is  held  to  be 
        applicable to  the return  and application on Form 1008, revised, 
        of nonresident aliens. 
 
             A fiduciary  acting in the capacity of trustee, executor, or 
        administrator, when  there  is  only  one  beneficiary  and  that 
        beneficiary a  nonresident alien,  shall render  a return on Form 
        1040, revised;  but when there are two or more beneficiaries, one 
        or all of whom are nonresident aliens, the fiduciary shall render 
        a return  on Form  1041, revised,  and a  personal return on Form 
        1040, revised, for each nonresident alien beneficiary. 
 
             The liability,  under the  provisions of  the law, to render 
        personal returns,  on or  before March  1 next succeeding the tax 
        year, of  annual net  income accrued  to them from sources within 
        the United States during the preceding calendar year, attaches to 
        nonresident aliens  as in  the  case  of  returns  required  from 
        citizens and  resident aliens.  Therefore, a return on Form 1040, 
        revised,  is  required  except  in  cases  where  the  total  tax 
        liability has  been or  is to  be  satisfied  at  the  source  by 
        withholding or  has been or is to be satisfied by personal return 
        on Form  1040, revised,  rendered in their behalf.  Returns shall 
        be rendered to the collector of internal revenue for the district 
        in which  a nonresident  aliens carries on his principal business 
        within the  United States  or, in  the  absence  of  a  principal 
        business within  the United States and in all cases of doubt, the 
        collector  of  internal  revenue  at  Baltimore,  Md.,  in  whose 
        district Washington is situated. 
 
             Nonresident aliens are held to be subject to the liabilities 
        and requirements  of all  administrative,  special,  and  general 
        provisions of  law in  relation  to  the  assessment,  remission, 
        collection, and  refund of  the income  tax imposed by the act of 
        October 3,  1913, and  collectors of  internal revenue  will make 
        collection of  the tax  by distraint,  garnishment, execution, or 
        other appropriate process provided by law. 
 
             So much  of T.D.  1976 as  relates to  ownership certificate 
        1004, T.D.  1977 (certificate  Form 1060), 1988 (certificate Form 
        1060), T.D.  2017  (nontaxability  of  interest  from  bonds  and 
        dividends on stock), T.D. 2030 (certificate Form 1071), T.D. 2162 
        (nontaxability of interest from bonds and dividends on stock) and 
        all rulings  heretofore made  which are  in conflict herewith are 
        hereby superseded and repealed. 
 
             This decision will be held effective as of January 1, 1916. 
 
 
                                                             W. H. Osborn 
                                         Commissioner of Internal Revenue 
 
 
        Approved, March 30, 1916: 
 
        Byron R. Newton, 
        Acting Secretary of the Treasury 
 
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