Requirement to deduct and withhold
In general
Subparagraphs (C) and (D) of paragraph (1) apply only to interest and dividend payments
Subparagraphs (C) and (D) of paragraph (1) shall apply only to reportable interest or dividend payments.
Reportable payment, etc.
Reportable payment
Reportable interest or dividend payment
In general
Special rule for patronage dividends
For purposes of subparagraphs (C) and (D) of subsection (a)(1), the term “reportable interest or dividend payment” shall not include any payment to which section 6044 (relating to patronage dividends) applies unless 50 percent or more of such payment is in money.
Other reportable payment
Whether payment is of reportable kind determined without regard to minimum amount
The determination of whether any payment is of a kind required to be shown on a return described in paragraph (2) or (3) shall be made without regard to any minimum amount which must be paid before a return is required.
Exception for certain small payments
Other reportable payments include payments described in section 6041(a) or 6041A(a) only where in excess of threshold
Exception for certain window payments of interest, etc.
Other reportable payments include payments in settlement of third party network transactions only where aggregate transactions exceed reporting threshold for the calendar year
In general
Exception if third party network transactions made in prior year were reportable
Subparagraph (A) shall not apply with respect to payments to any participating payee during any calendar year if one or more payments in settlement of third party network transactions made by the payor to the participating payee during the preceding calendar year were reportable payments.
Notified payee underreporting with respect to interest and dividends
Notified payee underreporting
Payee underreporting defined
Determination by Secretary to stop (or not to start) withholding
In general
Secretary to take action to stop (or not to start) withholding
Time for taking action where notice to payor has been given
Opportunity to request determination
Payor notifies payee of withholding because of payee underreporting
Any payor required to withhold any tax under subsection (a)(1)(C) shall, at the time such withholding begins, notify the payee of such withholding.
Payee may be required to notify Secretary who his payors and brokers are
Interest and dividend backup withholding applies to new accounts and instruments unless payee certifies that he is not subject to such withholding
In general
There is a payee certification failure unless the payee has certified to the payor, under penalty of perjury, that such payee is not subject to withholding under subsection (a)(1)(C).
Special rules for readily tradable instruments
In general
Broker notifies payor
Time for payee to provide certification to broker
Exception for existing accounts, etc.
Exception for readily tradable instruments acquired through existing brokerage accounts
Period for which withholding is in effect
Failure to furnish TIN
In the case of any failure by a payee to furnish his TIN to a payor in the manner required, subsection (a) shall apply to any reportable payment made by such payor during the period during which the TIN has not been furnished in the manner required. 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.
Notification of incorrect number
Notified payee underreporting described in subsection (c)
In general
Stop date
Determination effective date
In general
Except as provided in clause (ii), the determination effective date of any determination under subsection (c)(3)(A) which is made during the 12-month period ending on October 15 of any calendar year shall be the first January 1 following such October 15.
Determination that there was no underreporting; hardship
In the case of any determination under clause (i) or (iii) of subsection (c)(3)(A), the determination effective date shall be the date on which the Secretary’s determination is made.
Failure to provide certification that payee is not subject to withholding
In general
In the case of any payee certification failure described in subsection (d)(1), subsection (a) shall apply to any reportable interest or dividend payment made during the period during which the certification described in subsection (d)(1) has not been furnished to the payor.
Special rule for readily tradable instruments acquired through broker where notification
In the case of any readily tradable instrument acquired by the payee through a broker, the period described in subparagraph (A) shall start with payments to the payee made after the close of the 30th day after the payor receives notification from a broker under subsection (d)(2)(B).
30-day grace periods
Start-up
If the payor elects the application of this subparagraph with respect to the payee, subsection (a) shall also apply to any reportable payment made during the 30-day period described in paragraph (2)(A), (3)(A), or (4)(B).
Stopping
Unless the payor elects not to have this subparagraph apply with respect to the payee, subsection (a) shall also apply to any reportable payment made after the close of the period described in paragraph (1), (2), or (4) (as the case may be) and before the 30th day after the close of such period. A similar rule shall also apply with respect to the period described in paragraph (3)(A) where the stop date is determined under clause (i) or (ii) of paragraph (3)(B).
Election of shorter grace period
The payor may elect a period shorter than the grace period set forth in subparagraph (A) or (B), as the case may be.
Confidentiality of information
In general
No person may use any information obtained under this section (including any failure to certify under subsection (d)) except for purposes of meeting any requirement under this section or (subject to the safeguards set forth in section 6103) for purposes permitted under section 6103.
Cross reference
For provision providing for civil damages for violation of paragraph (1), see section 7431.
Exceptions
Payments to certain payees
Amounts for which withholding otherwise required
Subsection (a) shall not apply to any amount for which withholding is otherwise required by this title.
Exemption while waiting for TIN
The Secretary shall prescribe regulations for exemptions from the tax imposed by subsection (a) during the period during which a person is waiting for receipt of a TIN.
Other definitions and special rules
Obviously incorrect number
A person shall be treated as failing to furnish his TIN if the TIN furnished does not contain the proper number of digits.
Payee furnishes 2 incorrect TINs
If the payee furnishes the payor 2 incorrect TINs in any 3-year period, the payor shall, after receiving notice of the second incorrect TIN, treat the payee as not having furnished another TIN under subsection (e)(2)(B) until the day on which the payor receives notification from the Secretary that a correct TIN has been furnished.
Joint payees
Except to the extent otherwise provided in regulations, any payment to joint payees shall be treated as if all the payment were made to the first person listed in the payment.
Payor defined
The term “payor” means, with respect to any reportable payment, a person required to file a return described in paragraph (2) or (3) of subsection (b) with respect to such payment.
Broker
In general
The term “broker” has the meaning given to such term by section 6045(c)(1).
Only 1 broker per acquisition
If, but for this subparagraph, there would be more than 1 broker with respect to any acquisition, only the broker having the closest contact with the payee shall be treated as the broker.
Payor not treated as broker
In the case of any instrument, such term shall not include any person who is the payor with respect to such instrument.
Real estate broker not treated as a broker
Except as provided by regulations, such term shall not include any real estate broker (as defined in section 6045(e)(2)).
Readily tradable instrument
Original issue discount
To the extent provided in regulations, rules similar to the rules of paragraph (6) of section 6049(d) shall apply.
Requirement of notice to payee
Whenever the Secretary notifies a payor under paragraph (1)(B) of subsection (a) that the TIN furnished by any payee is incorrect, the Secretary shall at the same time furnish a copy of such notice to the payor, and the payor shall promptly furnish such copy to the payee.
Requirement of notice to Secretary
If the Secretary notifies a payor under paragraph (1)(B) of subsection (a) that the TIN furnished by any payee is incorrect and such payee subsequently furnishes another TIN to the payor, the payor shall promptly notify the Secretary of the other TIN so furnished.
Coordination with other sections
For purposes of section 31, this chapter (other than section 3402(n)), and so much of subtitle F (other than section 7205) as relates to this chapter, payments which are subject to withholding under this section shall be treated as if they were wages paid by an employer to an employee (and amounts deducted and withheld under this section shall be treated as if deducted and withheld under section 3402).
Regulations
The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.
Pub. L. 98–67, title I, § 104(a)97 Stat. 371Pub. L. 98–369, div. A, title I, § 152(a)98 Stat. 691Pub. L. 99–514, title XV100 Stat. 2746Pub. L. 100–647, title I, § 1018(u)(44)102 Stat. 3592Pub. L. 102–486, title XIX, § 1935(a)106 Stat. 3032Pub. L. 107–16, title I, § 101(c)(10)115 Stat. 44Pub. L. 110–289, div. C, title III, § 3091(c)122 Stat. 2911Pub. L. 119–21, title VII139 Stat. 243(Added , , ; amended , title VII, § 722(h)(1), (2), , , 975; , §§ 1521(b), 1523(b)(1), title XVIII, § 1899A(46), , , 2748, 2961; , , ; , , ; , , ; , , ; , §§ 70432(b)(1), 70433(d), , , 244.)
Editorial Notes
References in Text
section 1(j)(2)(C) of this titlesection 1(j)(2)(F) of this titleSection 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 , see .
Amendments
Pub. L. 119–21, § 70433(d)(2)2025—Subsec. (b)(6). , substituted “only where in excess of threshold” for “only where aggregate for calendar year is $600 or more” in heading.
Pub. L. 119–21, § 70433(d)(1)Subsec. (b)(6)(A). , substituted “the dollar amount in effect for such calendar year under section 6041(a)” for “$600”.
Pub. L. 119–21, § 70432(b)(1)Subsec. (b)(8). , added par. (8).
Pub. L. 110–2892008—Subsec. (b)(3)(F). added subpar. (F).
Pub. L. 107–162001—Subsec. (a)(1). 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.
Pub. L. 102–4861992—Subsec. (a)(1). , in closing provisions, substituted “31 percent” for “20 percent”.
Pub. L. 100–6471988—Subsec. (h)(5)(D). inserted period at end of subpar. (D).
Pub. L. 99–514, § 1523(b)(1)1986—Subsec. (b)(3)(E). , added subpar. (E).
Pub. L. 99–514, § 1899A(46)Subsec. (b)(6). , substituted “6041A(a)” for “6041(A)(a)” in heading.
Pub. L. 99–514, § 1521(b)Subsec. (h)(5)(D). , added subpar. (D).
Pub. L. 98–369, § 722(h)(2)1984—Subsec. (c)(1). , substituted “(but not the reasons for the withholding under subsection (a)(1)(C))” for “(but not the reasons therefor)”.
Pub. L. 98–369, § 722(h)(1)(A)Subsec. (d)(2)(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.
Pub. L. 98–369, § 722(h)(1)(B)Subsec. (d)(2)(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).”
Pub. L. 98–369, § 152(a)Subsec. (e)(1). , 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 2025 Amendment
Pub. L. 119–21, title VII, § 70432(b)(2)139 Stat. 243
Pub. L. 119–21, title VII, § 70433(f)139 Stat. 244
Effective Date of 2008 Amendment
Pub. L. 110–289, div. C, title III, § 3091(e)122 Stat. 2911
In general .—
Application of backup withholding.—
In general .—
Eligibility for tin matching program .—
Effective Date of 2001 Amendment
Pub. L. 107–16section 1(i)(1)(D) of this titlesection 101(d)(2) of Pub. L. 107–16section 1 of this titleAmendment by applicable to amounts paid after the 60th day after , and references to income brackets and rates of tax in such amendment to be applied without regard to , see , set out as an Effective and Termination Dates of 2001 Amendment note under .
Effective Date of 1992 Amendment
Pub. L. 102–486, title XIX, § 1935(b)106 Stat. 3032
Effective Date of 1988 Amendment
Pub. L. 100–647Pub. L. 99–514section 1019(a) of Pub. L. 100–647section 1 of this titleAmendment by effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, , to which such amendment relates, see , set out as a note under .
Effective Date of 1986 Amendment
section 1521(b) of Pub. L. 99–514section 1521(c) of Pub. L. 99–514section 6045 of this titleAmendment by applicable to real estate transactions closing after , see , set out as a note under .
section 1523(b)(1) of Pub. L. 99–514section 1523(d) of Pub. L. 99–514section 6050N of this titleAmendment by applicable to payments made after , see , set out as an Effective Date note under .
Effective Date of 1984 Amendment
Pub. L. 98–369, div. A, title I, § 152(b)98 Stat. 691
Pub. L. 98–369Pub. L. 98–67section 722(h)(5)(A) of Pub. L. 98–369section 643 of this titleAmendment by section 722(h)(1), (2) of applicable as if included in amendments made by Interest and Dividend Tax Compliance Act of 1983, , see , set out as a note under .
Effective Date
section 110(a) of Pub. L. 98–67section 31 of this titleSection applicable with respect to payments made after , see , set out as an Effective Date of 1983 Amendment note under .
Plan Amendments Not Required Until January 1, 1989
Pub. L. 99–514section 1140 of Pub. L. 99–514section 401 of this titleFor 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 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 , see , as amended, set out as a note under .