I.R.C. § 894(a) Treaty Provisions
I.R.C. § 894(a)(1) In General
The provisions of this title shall be applied to any taxpayer with due regard to
any treaty obligation of the United States which applies to such taxpayer.
I.R.C. § 894(a)(2) Cross Reference
For relationship between treaties and this title, see section 7852(d).
I.R.C. § 894(b) Permanent Establishment In United States
For purposes of applying any exemption from, or reduction of, any tax provided by
any treaty to which the United States is a party with respect to income which is
not effectively connected with the conduct of a trade or business within the United
States, a nonresident alien individual or a foreign corporation shall be deemed not
to have a permanent establishment in the United States at any time during the taxable
year. This subsection shall not apply in respect of the tax computed under section
I.R.C. § 894(c) Denial Of Treaty Benefits For Certain Payments Through Hybrid Entities
I.R.C. § 894(c)(1) Application To Certain Payments
A foreign person shall not be entitled under any income tax treaty of the United
States with a foreign country to any reduced rate of any withholding tax imposed
by this title on an item of income derived through an entity which is treated as
a partnership (or is otherwise treated as fiscally transparent) for purposes of this
I.R.C. § 894(c)(1)(A)
such item is not treated for purposes of the taxation laws of such foreign country
as an item of income of such person,
I.R.C. § 894(c)(1)(B)
the treaty does not contain a provision addressing the applicability of the treaty
in the case of an item of income derived through a partnership, and
I.R.C. § 894(c)(1)(C)
the foreign country does not impose tax on a distribution of such item of income
from such entity to such person.
I.R.C. § 894(c)(2) Regulations
The Secretary shall prescribe such regulations as may be necessary or appropriate
to determine the extent to which a taxpayer to which paragraph (1) does not apply
shall not be entitled to benefits under any income tax treaty of the United States
with respect to any payment received by, or income attributable to any activities
of, an entity organized in any jurisdiction (including the United States) that is
treated as a partnership or is otherwise treated as fiscally transparent for purposes
of this title (including a common investment trust under section 584, a grantor trust, or an entity that is disregarded for purposes of this title)
and is treated as fiscally nontransparent for purposes of the tax laws of the jurisdiction
of residence of the taxpayer.
(Aug. 16, 1954, ch. 736, 68A Stat. 284; Nov. 13, 1966,
Pub. L. 89-809, title I, 105(a), 80 Stat. 1563; Nov. 10, 1988, Pub. L. 100-647, title I, 1012(aa)(6), 102 Stat. 3533; Pub. L. 105-34, title X, Sec. 1054(a), Aug. 5, 1997, 111 Stat 788.)
1997--Subsec. (c). Pub. L. 105-34, Sec. 1054(a). Inserted after subsection (b) a new subsection (c).
1988--Subsec. (a). Pub. L. 100-647 substituted “Treaty provisions"
for “Income affected by treaty” in heading and amended text generally. Prior to amendment,
text read as follows: “Income of any kind, to the extent required by any treaty obligation
of the United States, shall not be included in gross income and shall be exempt from
taxation under this subtitle.”
1966--Pub. L. 89-809 designated existing provisions as subsec. (a), added subsec. (b), and substituted
“affected by treaty” for “exempt under treaty” in section catchline.
EFFECTIVE DATE OF 1997 AMENDMENT
Section 1054(b) of Pub. L. 105-34 provided that:
“The amendments made by this section shall apply upon the date of enactment of this
Act [enacted: Aug. 5, 1997]”.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-647 effective, except as otherwise provided, as if included in the provision of the Tax
Reform Act of 1986, Pub. L. 99-514, to which such amendment relates, see section 1019(a) of Pub. L. 100-647, set out as a note under section 1 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Section 105(d) of Pub. L. 89-809 provided that: “The amendments made by this section
(other than subsections (d) and (f)) [amending this section and enacting section 896
of this title] shall apply with respect to taxable years beginning after December