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Title: Withholding of Tax and Information Reporting With Respect to Interests in Partnerships Engaged in a U.S. Trade or Business; Correcting Amendment

---
identifier: "/us/fr/2021-00504"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Title: Withholding of Tax and Information Reporting With Respect to Interests in Partnerships Engaged in a U.S. Trade or Business; Correcting Amendment"
title_number: 0
title_name: "Federal Register"
section_number: "2021-00504"
section_name: "Title: Withholding of Tax and Information Reporting With Respect to Interests in Partnerships Engaged in a U.S. Trade or Business; Correcting Amendment"
positive_law: false
currency: "2021-03-08"
last_updated: "2021-03-08"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Treasury Department"
document_number: "2021-00504"
document_type: "rule"
publication_date: "2021-03-08"
agencies:
  - "Treasury Department"
  - "Internal Revenue Service"
cfr_references:
  - "26 CFR Part 1"
rin: "1545-BO60"
fr_citation: "86 FR 13191"
fr_volume: 86
docket_ids:
  - "TD 9926"
effective_date: "2021-03-08"
fr_action: "Correcting amendment."
---

#  Publicly traded partnerships.

**AGENCY:**

Internal Revenue Service (IRS), Treasury.

**ACTION:**

Correcting amendment.

**SUMMARY:**

This document contains a correction to final regulations (Treasury Decision 9926) that were published in the *Federal Register* on Monday, November 30, 2020. The final regulations provide guidance related to the withholding of tax and information reporting with respect to certain dispositions of interests in partnerships engaged in a trade or business within the United States.

**DATES:**

This correction is effective on *March 8, 2021* and applies to partnership taxable years beginning on or after November 30, 2020. See § 1.1446-7.

**FOR FURTHER INFORMATION CONTACT:**

Chadwick Rowland or Ronald M. Gootzeit (202) 317-6937 (not toll-free numbers).

**SUPPLEMENTARY INFORMATION:**

**Background**

The final regulations (TD 9926) that are the subject of this correction are issued under section 1446 of the Code.

**Need for Correction**

As published, November 30, 2020 (85 FR 76910), the final regulations (TD 9926) contain an error that needs to be corrected.

**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:

**PART 1—INCOME TAXES**

**26 CFR Part 1**

*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. 2.* Amend § 1.1446-4, by revising the last seven sentences of paragraph (f)(1).”

§ 1.1446-4

(f)* * * (1) * * * LTP makes a distribution subject to section 1446 of $100 to UTP during its taxable year beginning January 1, 2020, and withholds 37 percent (the highest rate in section 1) ($37) of that distribution under section 1446. UTP receives a net distribution of $63 which it immediately redistributes to its partners. UTP has a liability to pay 37 percent of the total actual and deemed distribution it makes to its foreign partners as a section 1446 withholding tax. UTP may credit the $37 withheld by LTP against this liability as if it were paid by UTP. See §§ 1.1462-1(b) and 1.1446-5(b)(1). When UTP distributes the $63 it actually receives from LTP to its partners, UTP is treated for purposes of section 1446 as if it made a distribution of $100 to its partners ($63 actual distribution and $37 deemed distribution). UTP's partners (U.S. and foreign) may claim a credit against their U.S. income tax liability for their allocable share of the $37 of 1446 tax paid on their behalf.

Crystal Pemberton,

Senior Federal Register Liaison, Legal Processing Division, Associate Chief Counsel, (Procedure and Administration).