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SECTION 12. INTERNATIONAL ISSUES—CONTINUED
Internal Revenue Bulletin 2001-47 · 2026-10-03 edition · updated 2026-10-04 · United States
| Statute or Regulation |
Act Postponed | |
|---|---|---|
| 31. |
Sec. 991 and Treas. Reg. § 1.991- 1(g)(2) |
A corporation that filed a tax return as a DISC, but subsequently determines that it does not wish to be treated as a DISC, must notify the [district director] more than 30 days before the expiration of period of limitations on assessment applicable to the tax year. |
| 32. |
Sec. 992 and Treas. Reg. § 1.992- 2(a)(1)(i) |
A qualifying corporation must file Form 4876-A, or attachments thereto, containing the consent of every shareholder of the corporation to be treated as a DISC as of the beginning of the corporation's first taxable year. |
| 33. |
Sec. 992 and Treas. Reg. § 1.992- 2(b)(2) |
A qualifying corporation must file consents of the shareholders of the corporation to be treated as a DISC with the service center with which the DISC election was first filed, within 90 days after the first day of the taxable year, or within the time granted for an extension to file such consents. |
| 34. |
Sec. 992 and Treas. Reg. § 1.992- 2(e)(2)(ii) |
A corporation seeking to revoke a prior election to be treated as a DISC, must file a state- ment within the first 90 days of the taxable year in which the election is to take effect with the service center with which it filed the election or, if the corporation filed an annual information return, by filing the statement at the service center with which it filed its most recent annual information return. |
| 35. |
Sec. 992 and Treas. Reg. § 1.992- 3(c)(3) |
A DISC that receives notification that it failed to satisfy the 95 percent of gross receipts test or the 95 percent assets test, or both tests, for a particular taxable year, must make a correc- tive deficiency distribution within 90 days of the date of the first written notification from the IRS. |
| 36. |
Sec. 993 and Treas. Reg. § 1.993- 3(d)(2)(i)(b) |
A taxpayer must deliver export property outside the U.S. within one year of the date of sale or lease in order to generate DISC benefits from a qualifying export transaction. |
| 37. |
Sec. 1445 Treas. Reg. § 1.1445-1 |
Form 8288, U.S. Withholding Tax Return for Dispositions by Foreign Persons of U.S. Real Property Interests, must be filed by a buyer or other transferee of a U.S. real property inter- est, and a corporation, partnership, or fiduciary that is required to withhold tax. The amount withheld is to be transmitted with Form 8288, which is generally to be filed by the 20th day after the date of transfer. |
| 38. |
Sec. 1446 |
All partnerships with effectively connected gross income allocable to a foreign partner in any tax year must file forms 8804, Annual Return for Partnership Withholding Tax, and 8805, Foreign Partner's Information Statement of Section 1446 Withholding Tax, on or before the 15th day of the 4th month following the close of the partnership's taxable year. |
| 39. |
Sec. 1446 |
Form 8813, Partnership Withholding Tax Payment Voucher, is used to pay the withhold- ing tax under section 1446 for all partnerships with effectively connected gross income allocable to a foreign partner in any tax year. Form 8813 must accompany each payment of section 1446 tax made during the partnership’s taxable year. Form 8813 is to be filed on or before the 15th day of the 4th, 6th, 9th, and 12th months of the partnership's taxable year for U.S. income tax purposes. |
| 40. | Sec. 6038A(d)(2) and Treas. Reg. § 1.6038A- 4(d)(1) |
A reporting corporation must cure any failure to furnish information or failure to maintain records within 90 days after the IRS gives notice of the failure to avoid the continuation penalty. |
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