Penalties Relating to Foreign Tax Provisions Jcx-23-89

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Penalties Relating to Foreign Tax Provisions Jcx-23-89
United States. Congress. Joint Committee On Taxation
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-2- Explanation of Provisions Penalties for failure to withhold The bill provides that in cases where a tax on the U.S. income of a foreign person was required to be withheld under chapter 3 but was not in fact withheld, and the income recipient instead satisfies its own proper tax liability, the withholding agent remains liable for any penalties and additions to tax otherwise applicable for failure to withhold. Thus, under the bill these withholding agents are subject to the same general appro
...ach applicable to U.S.
employers who withhold income taxes from employees' wages.
Penalties for failure to file withholding statements The bill integrates the penalty for failure to file Form 1042S and failure to provide Form 1042S to the payee into the general penalty structure. Thus, the bill treats each Form 1042S required to be filed with the IRS and provided to a payee as an information return and as a payee statement as those terms are defined in section 6724. Accordingly, each failure to file any required Form 1042S will be subject to a separate penalty under section 6721, and each failure to provide a payee any required Form 1042S will be subject to a separate penalty under section 6722.


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