WITHHOLDING RESEARCH page 7
Next is the link to that Chapter 3 to verify, through its table of contents, what it contains.
http://www4.law.cornell.edu/uscode/html/uscode26/usc_sup_01_26_10_A_20_3.html
And here is that particular page’s full text.
Notice how there are ONLY TWO Subchapters, A and B.
TITLE 26 > Subtitle A > CHAPTER 3 |
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CHAPTER 3—WITHHOLDING OF TAX ON NONRESIDENT ALIENS AND FOREIGN CORPORATIONS |
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· Subchapter A—Nonresident Aliens and Foreign Corporations
· Subchapter B—Application of Withholding Provisions |
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Now ask yourself this one question: “If the Chapter 3 title is “Withholding of Tax on Non-Resident Aliens and Foreign Corporations”, do you think that you, as an American working in an ordinary American job, will be in either one of those two Subchapters, contained within Chapter 3?”
I know they both don’t apply to me because Chapter 3 does not apply to me.
Look again at it.
Please pick one of the two choices below and circle it.
(1) (Chapter 3 applies to me.)
(2) (Chapter 3 does not apply to me.)
But just in case somehow, there’s something being overlooked, lets go in and examine the complete contents of both of these Subchapters A and B to see what they say, contain and govern.
This is extensive, but it will train you to be thorough, which will benefit you later.
Next is the link for examining Subchapter A of that Chapter 3. Lets examine it.
http://www4.law.cornell.edu/uscode/html/uscode26/usc_sup_01_26_10_A_20_3_30_A.html
And here is that particular page’s full text. [my statements are in brackets and italics]
TITLE 26 > Subtitle A > CHAPTER 3 > Subchapter A |
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Subchapter A—Nonresident Aliens and Foreign Corporations |
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· § 1441. Withholding of tax on nonresident aliens [this one has two regulations]
· § 1442. Withholding of tax on foreign corporations [this one has no regs]
· § 1443. Foreign tax-exempt organizations [this one has one regulation]
· § 1444. Withholding on Virgin Islands source income [this one has no regs]
· § 1445. Withholding of tax on dispositions of United States real property interests
[this section is for foreign owners of American soil, and it does have one reg]
· § 1446. Withholding of tax on foreign partners’ share of effectively connected income [this one has no regs] |
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There, you can easily see three of the four sections that were listed in that 26 USC 7701 definition of Withholding Agent, (1441, 1442 and 1443), but you can now also see sections 1444, 1445 and 1446 listed.
We have already seen how, as far as most normal American Citizens and American Nationals, working in normal American Jobs in one of the 50 states of the union of States, the withholding requirements for 1441, 1442 and 1443 obviously do not apply, and so we will now focus on Sections 1444, 1445 and 1446.
First, we will focus on Section § 1444 and here is its link, and below is its text:
TITLE 26 > Subtitle A > CHAPTER 3 > Subchapter A > § 1444 |
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§ 1444. Withholding on Virgin Islands source income |
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For purposes of determining the withholding tax liability incurred in the Virgin Islands pursuant to this title (as made applicable to the Virgin Islands) with respect to amounts received from sources within the Virgin Islands by citizens and resident alien individuals of the United States, and corporations organized in the United States, the rate of withholding tax under sections 1441 and 1442 on income subject to tax under section 871 (a)(1) or 881 shall not exceed the rate of tax on such income under section 871 (a)(1) or 881, as the case may be. |
Parallel regulations (CFR)
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So, now that you have read it, does it apply to you?
I know it doesn’t apply to me.
Please pick one of the two choices below and circle it.
(1) I have Virgin Islands source income
(2) I do NOT have Virgin Islands source income
Since most of those American workers will not be working out of the Virgin Islands, (although, for SOME PEOPLE, this one statute will actually apply), it is safe to conclude that 26 USC 1444 is inapplicable on almost every one of us American Workers.
Withholding Research PAGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14
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