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PATH Act Changes to Section 1445; Correction

---
identifier: "/us/fr/2016-09666"
source: "fr"
legal_status: "authoritative_unofficial"
title: "PATH Act Changes to Section 1445; Correction"
title_number: 0
title_name: "Federal Register"
section_number: "2016-09666"
section_name: "PATH Act Changes to Section 1445; Correction"
positive_law: false
currency: "2016-04-26"
last_updated: "2016-04-26"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Treasury Department"
document_number: "2016-09666"
document_type: "rule"
publication_date: "2016-04-26"
agencies:
  - "Treasury Department"
  - "Internal Revenue Service"
cfr_references:
  - "26 CFR Part 1"
rin: "1545-BN22"
fr_citation: "81 FR 24484"
fr_volume: 81
docket_ids:
  - "TD 9751"
effective_date: "2016-04-26"
fr_action: "Correcting amendment."
---

#  Special rules concerning distributions and other transactions by corporations, partnerships, trusts, and estates.

**AGENCY:**

Internal Revenue Service (IRS), Treasury.

**ACTION:**

Correcting amendment.

**SUMMARY:**

This document contains corrections to final regulations (TD 9721) that were published in the *Federal Register* on Friday, February 19, 2016 (81 FR 8398). The final regulations are regarding the taxation of, and withholding on, foreign persons upon certain dispositions of, and distributions with respect to, United States real property interests (USRPIs).

**DATES:**

This correction is effective April 26, 2016 and is applicable on or after February 19, 2016.

**FOR FURTHER INFORMATION CONTACT:**

Milton M. Cahn or David A. Levine of the Office of Associate Chief Counsel (International) at (202) 317-6937 (not a toll-free number).

**SUPPLEMENTARY INFORMATION:**

**Background**

The final regulations (TD 9751) that are the subject of this correction are under section 897 and1445 of the Internal Revenue Code.

**Need for Correction**

As published, the final regulations (TD 9751) contain errors that may prove to be misleading and are in need of clarification.

**List of Subjects in 26 CFR Part 1**

Income taxes, reporting and recordkeeping requirements.

**Correction of Publication**

Accordingly, 26 CFR part 1 is corrected by making the following correcting amendments:

**26 CFR Part 1**

**PART 1—INCOME TAXES**

*Paragraph 1.* The authority citation for part 1 continues to read in part as follows:

**Authority:**

26 U.S.C. 7805 * * *

**26 CFR Part 1**

*Par. 3.* Section 1.1445-5 is amended by revising the last sentence of paragraph (b)(3)(ii)(A) to read as follows:

§ 1.1445-5

(b) * * *

(3) * * *

(ii) * * *

(A) * * * In general, a foreign person is a nonresident alien individual, foreign corporation, foreign partnership, foreign trust, or foreign estate, but not a qualified foreign pension fund (as defined in section 897(l)) or an entity all of the interests of which are held by a qualified foreign pension fund.

Martin V. Franks,

Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel, (Procedure and Administration).