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 Department of the Treasury Internal Revenue Service 26 CFR Part 1
[TD 9815]
RIN 1545-BM33
 AGENCY: Internal Revenue Service (IRS), Treasury.
 ACTION: Final regulations and temporary regulations; Correcting amendments.
 SUMMARY: This document contains corrections to final and temporary regulations (TD TD 9815), which were published in the 
                        **Federal Register**
                         on Tuesday, January 24, 2017.
 DATES: *Effective Date:*
                         These corrections are effective October 26, 2017. *Applicability Date:*
                         The corrections to §§ 1.1.871-15, 1.871-15T, 1.1441-1(e)(5)(v)(B)(
                        *4*), (e)(6), and (f)(5), 1.1441-2, 1.1441-7, and 1.1461-1 are applicable on January 19, 2017.
 FOR FURTHER INFORMATION CONTACT: D. Peter Merkel or Karen Walny at 202-317-6938 (not a toll-free number).


SUPPLEMENTARY INFORMATION: Background The final and temporary regulations that are the subject of these corrections are §§ 1.871-15, 1.871-15T, 1.1441-1, 1.1441-2, 1.1441-7, and 1.1461-1, promulgated under sections 871(m) and 7805 of the Internal Revenue Code. These regulations affect foreign persons that hold certain financial products providing for payments that are contingent upon or determined by reference to U.S. source dividends, as well withholding agents with respect to dividend equivalents and certain other parties to section 871(m) transactions and their agents. Need for Correction As published, TD 9815 contains 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: 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 * * * § 1.871-15
 **Par. 2.**
                         Section 1.871-15 is amended by: 1.Removing paragraph (r)(2). 2.Redesignating paragraphs (r)(3), (4), and (5), as (r)(2), (3), and (4), respectively. § 1.871-15
 **Par. 3.**
                         For each section listed in the table, remove the language in the “Remove” column and add in its place the language in the “Add” column as set forth below: Section
Remove
Add§ 1.871-15(a)(14)(ii)(B)
ELI.More
ELI. More§ 1.871-15(l)(1), second sentence
described in this paragraph (l)
described in this paragraph (l)(1)§ 1.871-15(q)(1)
qualified intermediary agreement
qualified intermediary withholding agreement( print page 49509)§ 1.871-15(q)(4)
ordinary
ordinarily§ 1.871-15(q)(5), Example (3), paragraph (ii)
country that provides withholding
country with a treaty that provides withholding§ 1.871-15(q)(5), Example (3), paragraph (ii)
paid by qualified derivatives dealer
paid by the qualified derivatives dealer§ 1.871-15(r)(1)
September 18, 2015
January 19, 2017
 § 1.871-15T
 **Par. 4.**
                         Section 1.871-15T is amended by redesignating paragraph (r)(5) as (r)(4). § 1.871-15T
 **Par. 5.**
                         For each section listed in the table, remove the language in the “Remove” column and add in its place the language in the “Add” column as set forth below: Section
Remove
Add§ 1.871-15T(p)(5)
*Example 1.*
*Example.*§ 1.871-15T(q) through (r)(4) [Reserved]
(q) through (r)(4) [Reserved]. For further guidance, see § 1.871-15(r)(1) through (4)
(q) through (r)(3) [Reserved]. For further guidance, see § 1.871-15(q) through (r)(3)§ 1.871-15T(r)(4) newly redesignated
after on January
after January
 § 1.1441-1
 **Par. 6.**
                         For each section listed in the table, remove the language in the “Remove” column and add in its place the language in the “Add” column as set forth below: Section
Remove
Add§ 1.1441-1(e)(5)(v)(B)(
                                *4*)(
                                *iv*)
U.S. income tax
U.S. federal income tax§ 1.1441-1(e)(6)(i)(B)
and other withholding provisions
and other provisions§ 1.1441-1(e)(6)(i)(C)
underlying securities (including
underlying securities as defined in § 1.871- 15(a)(15) (including§ 1.1441-1(e)(6)(i)(C)
received in the equity
received in its equity§ 1.1441-1(e)(6)(i)(D)(
                                *3*)
U.S. tax return
U.S. federal tax return§ 1.1441-1(e)(6)(i)(F)
QDD
qualified derivatives dealer§ 1.1441-1(e)(6)(ii)(B) introductory text
organized, or operates
organized or operates§ 1.1441-1(e)(6)(ii)(B)(
                                *2*)
pursuant to
with respect to§ 1.1441-1(f)(5)
Paragraphs (e)(5)(ii)(D)
Paragraphs (e)(5)(ii)(C)
 **Par. 7.**
                         Section 1.1441-2 is amended by removing the last two sentences of paragraph (f)(1) and adding a sentence at the end of the paragraph to read as follows: § 1.1441-2
  
 (f) * * * (1) * * * Paragraph (e)(7) of this section applies on or after January 19, 2017.
 § 1.1441-2
 **Par. 8.**
                         For each section listed in the table, remove the language in the “Remove” column and add in its place the language in the “Add” column as set forth below: Section
Remove
Add§ 1.1441-2(e)(7)(ii)(A)
§ 1.871-15(i)(3),
§ 1.871-15(i)(3)(i),§ 1.1441-2(e)(7)(iv)
type (securities
type (for example, securities§ 1.1441-2(e)(7)(v)
the types of section 871(m) transaction
the type of section 871(m) transaction§ 1.1441-2(e)(7)(v)
certifying that has notified
certifying that it has notified
 § 1.1441-7
 **Par. 9.**
                         Section 1.1441-7 is amended by removing the second sentence of paragraph (a)(4). § 1.1441-7
 **Par. 10.**
                         For each section listed in the table, remove the language in the “Remove” column and add in its place the language in the “Add” column as set forth below: Section
Remove
Add§ 1.1441-7(a)(3), Example 9
not required withhold
not required to withhold§ 1.1441-7(a)(4)
*Example 8*
                                 and
*Example 7, Example 8,*
                                 and§ 1.1441-7(a)(4)
apply to payments made on or after January 19
apply beginning January 19
 
 
 **Par. 11.**
                         Section 1.1461-1 is amended by revising paragraph (c)(2)(iii) to read as follows: § 1.1461-1
  
 (c) * * * (2) * * * (iii) 
                            *Applicability date.*
                             Paragraph (c)(2) of this section applies beginning January 19, 2017.
 Martin V. Franks, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration).


[FR Doc. 2017-22830 Filed 10-25-17; 8:45 am] BILLING CODE 4830-01-P