1 See References in Text note below.
and such payment.
Editorial Notes
References in Text

Section 1(c), referred to in subsec. (a)(1), to be treated, for purposes of the rate of tax, as a reference to the corresponding rate bracket under section 1(j)(2)(C) of this title, see section 1(j)(2)(F) of this title.

Amendments

2008—Subsec. (span)(3)(F). Puspan. L. 110–289 added subpar. (F).

2001—Subsec. (a)(1). Puspan. L. 107–16 substituted “equal to the product of the fourth lowest rate of tax applicable under section 1(c) and such payment” for “equal to 31 percent of such payment” in concluding provisions.

1992—Subsec. (a)(1). Puspan. L. 102–486, in closing provisions, substituted “31 percent” for “20 percent”.

1988—Subsec. (h)(5)(D). Puspan. L. 100–647 inserted period at end of subpar. (D).

1986—Subsec. (span)(3)(E). Puspan. L. 99–514, § 1523(span)(1), added subpar. (E).

Subsec. (span)(6). Puspan. L. 99–514, § 1899A(46), substituted “6041A(a)” for “6041(A)(a)” in span.

Subsec. (h)(5)(D). Puspan. L. 99–514, § 1521(span), added subpar. (D).

1984—Subsec. (c)(1). Puspan. L. 98–369, § 722(h)(2), substituted “(but not the reasons for the withholding under subsection (a)(1)(C))” for “(but not the reasons therefor)”.

Subsec. (d)(2)(A). Puspan. L. 98–369, § 722(h)(1)(A), inserted “the payor was notified by a broker under subparagraph (B) or” after “if (and only if)” in provisions preceding cl. (i), struck out cl. (i) which read as follows: “the payor was notified by a broker under subparagraph (B),” and redesignated cls. (ii) and (iii) as (i) and (ii), respectively.

Subsec. (d)(2)(B). Puspan. L. 98–369, § 722(h)(1)(B), in amending subpar. (B) generally, reenacted cl. (i), in cl. (ii) inserted “with respect to such acquisition—”, added subcls. (I) and (II), redesignated former subcls. (I) and (II) as (III) and (IV), respectively, and in subcl. (III) substituted “the Secretary notifies such broker” for “such broker is notified by the Secretary”, and in provisions following cl. (ii) substituted “shall within such period as the Secretary may prescribe by regulations (but not later than 15 days after such acquisition), notify the payor that such payee is subject to withholding under subparagraph (A), (B), (C) or (D) of subsection (a)(1),” for “within 15 days after the date of the acquisition notify the payor that such payee is subject to withholding under subsection (a)(1)(D) (or subsection (a)(1)(C) in the case of a notification described in clause (ii)(II).”

Subsec. (e)(1). Puspan. L. 98–369, § 152(a), inserted provision that the Secretary may require that a TIN required to be furnished under subsection (a)(1)(A) be provided under penalties of perjury only with respect to interest, dividends, patronage dividends, and amounts subject to broker reporting.

Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment

Puspan. L. 110–289, div. C, title III, § 3091(e), July 30, 2008, 122 Stat. 2911, provided that:

“(1)In general.—Except as otherwise provided in this subsection, the amendments made by this section [enacting section 6050W of this title and amending this section and section 6724 of this title] shall apply to returns for calendar years beginning after December 31, 2010.
“(2)Application of backup withholding.—
“(A)In general.—The amendment made by subsection (c) [amending this section] shall apply to amounts paid after December 31, 2011.
“(B)Eligibility for tin matching program.—Solely for purposes of carrying out any TIN matching program established by the Secretary under section 3406(i) of the Internal Revenue Code of 1986—
“(i) the amendments made this section shall be treated as taking effect on the date of the enactment of this Act [July 30, 2008], and
“(ii) each person responsible for setting the standards and mechanisms referred to in section 6050W(d)(2)(C) of such Code, as added by this section, for settling transactions involving payment cards shall be treated in the same manner as a payment settlement entity.”

Effective Date of 2001 Amendment

Amendment by Puspan. L. 107–16 applicable to amounts paid after the 60th day after June 7, 2001, and references to income brackets and rates of tax in such amendment to be applied without regard to section 1(i)(1)(D) of this title, see section 101(d)(2) of Puspan. L. 107–16, set out as an Effective and Termination Dates of 2001 Amendment note under section 1 of this title.

Effective Date of 1992 Amendment

Puspan. L. 102–486, title XIX, § 1935(span), Oct. 24, 1992, 106 Stat. 3032, provided that: “The amendment made by subsection (a) [amending this section] shall apply to amounts paid after December 31, 1992.”

Effective Date of 1988 Amendment

Amendment by Puspan. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Puspan. L. 99–514, to which such amendment relates, see section 1019(a) of Puspan. L. 100–647, set out as a note under section 1 of this title.

Effective Date of 1986 Amendment

Amendment by section 1521(span) of Puspan. L. 99–514 applicable to real estate transactions closing after Dec. 31, 1986, see section 1521(c) of Puspan. L. 99–514, set out as a note under section 6045 of this title.

Amendment by section 1523(span)(1) of Puspan. L. 99–514 applicable to payments made after Dec. 31, 1986, see section 1523(d) of Puspan. L. 99–514, set out as an Effective Date note under section 6050N of this title.

Effective Date of 1984 Amendment

Puspan. L. 98–369, div. A, title I, § 152(span), July 18, 1984, 98 Stat. 691, provided that: “The amendment made by this section [amending this section] shall take effect on the date of the enactment of this Act [July 18, 1984].”

Amendment by section 722(h)(1), (2) of Puspan. L. 98–369 applicable as if included in amendments made by Interest and Dividend Tax Compliance Act of 1983, Puspan. L. 98–67, see section 722(h)(5)(A) of Puspan. L. 98–369, set out as a note under section 643 of this title.

Effective Date

Section applicable with respect to payments made after Dec. 31, 1983, see section 110(a) of Puspan. L. 98–67, set out as an Effective Date of 1983 Amendment note under section 31 of this title.

Plan Amendments Not Required Until January 1, 1989

For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of Puspan. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Puspan. L. 99–514, as amended, set out as a note under section 401 of this title.