SECTION 12. INTERNATIONAL ISSUES—CONTINUED

Statute or Regulation Act Postponed 37. Sec. 1445 Treas. Reg. Form 8288, § 1.1445–1 of U.S. Real

37. Sec. 1445 Treas. Reg. Form 8288, U.S. Withholding Tax Return for Dispositions by Foreign Persons § 1.1445–1 of U.S. Real Property Interests, must be filed by a buyer or other transferee of

a U.S. real property interest, 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 15 ^th day of the 4 ^th 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 withholding 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 15 ^th day of the 4 ^th, 6 ^th, 9 ^th, and 12 ^th months of the partnership’s taxable year for U.S. income tax purposes. 40. Sec. 6038A(d)(2) and Treas. Reg. A reporting corporation must cure any failure to furnish information or failure § 1.6038A–4(d)(1) to maintain records within 90 days after the IRS gives notice of the failure to

40. Sec. 6038A(d)(2) and Treas. Reg. A reporting corporation must cure any failure to furnish information or failure § 1.6038A–4(d)(1) to maintain records within 90 days after the IRS gives notice of the failure to

avoid the continuation penalty. 41. Sec. 6038A(d)(2) and Treas. Reg. A reporting corporation must cure any failure to furnish information or failure § 1.6038A–4(d)(1) to maintain records before the beginning of each 30-day period after expiration

41. Sec. 6038A(d)(2) and Treas. Reg. A reporting corporation must cure any failure to furnish information or failure § 1.6038A–4(d)(1) to maintain records before the beginning of each 30-day period after expiration

of the initial 90-day period to avoid additional continuation penalties. 42. Sec. 6038A(e)(1) and Treas. Reg. A reporting corporation must furnish an authorization of agent within 30 days § 1.6038A–5(b) of a request by the IRS to avoid a penalty.

42. Sec. 6038A(e)(1) and Treas. Reg. A reporting corporation must furnish an authorization of agent within 30 days § 1.6038A–5(b) of a request by the IRS to avoid a penalty.

43. Sec. 6038A(e)(4)(A) A reporting corporation must commence any proceeding to quash a summons filed by the IRS in connection with an information request within 90 days of the date the summons is issued.

44. Sec. 6038A(e)(4)(B) A reporting corporation must commence any proceeding to review the IRS’s determination of noncompliance with a summons within 90 days of the IRS’s notice of noncompliance.

45. Sec. 6038A and Treas. Reg. A reporting corporation must supply an English translation of records provided § 1.6038A–3(b)(3) pursuant to a request for production within 30 days of a request by the IRS for

46. Sec. 6038A and Treas. Reg. A reporting corporation must supply an English translation of records provided § 1.6038A–3(b)(3) pursuant to a request for production within 30 days of a request by the IRS for

a translation to avoid a penalty. 46. Sec. 6038A and Treas. Reg. A reporting corporation must, within 60 days of a request by the IRS for § 1.6038A–3(f)(2) records maintained outside the United States, either provide the records to the

46. Sec. 6038A and Treas. Reg. A reporting corporation must, within 60 days of a request by the IRS for § 1.6038A–3(f)(2) records maintained outside the United States, either provide the records to the

IRS, or move them to the United States and provide the IRS with an index to the records to avoid a penalty. 47. Sec. 6038A and Treas. Reg. A reporting corporation must supply English translations of documents § 1.6038A–3(f)(2)(i) maintained outside the United States within 30 days of a request by the IRS for

47. Sec. 6038A and Treas. Reg. A reporting corporation must supply English translations of documents § 1.6038A–3(f)(2)(i) maintained outside the United States within 30 days of a request by the IRS for

translation to avoid a penalty. 48. Sec. 6038A and Treas. Reg. A reporting corporation must request an extension of time to produce or § 1.6038A–3(f)(4) translate documents maintained outside the United States beyond the period

48. Sec. 6038A and Treas. Reg. A reporting corporation must request an extension of time to produce or § 1.6038A–3(f)(4) translate documents maintained outside the United States beyond the period

specified in the regulations within 30 days of a request by the IRS to avoid a penalty. 49. Sec. 6662(e) and Treas. Reg. A taxpayer must provide, within 30 days of a request by the IRS, specified § 1.6662–6(d)(2)(iii)(A) “principal documents” regarding the taxpayer’s selection and application of

A taxpayer must provide, within 30 days of a request by the IRS, specified “principal documents” regarding the taxpayer’s selection and application of transfer pricing method to avoid potential penalties in the event of a final transfer pricing adjustment by the IRS. See also Treas. Reg. § 1.6666–6(d)(2)(iii)(C) (similar requirement re: background documents).

November 18, 2002 866 2002–46 I.R.B.