Payment with respect to an offshore obligation

FATCA

Paid outside the United States under §1.6049-5(e) [III.F]
 

Section 1.6049-5(e) of the final regulations describes the circumstances in which an amount is considered paid outside the United States for purposes of, among other things, determining whether a payor may rely upon documentary evidence under §1.6049-5(c)(1) of the final regulations to document a payee. It requires that the payor or middleman (i) complete the acts necessary to effect payment outside the United States and (ii) verify that the obligation or payee does not have certain specified connections with the United States (U.S. connections), such as a U.S. mailing address for the payee. See §1.6049-5(e)(1)(i) through (e)(1)(ii) and (e)(2) through (e)(4) of the final regulations. These temporary regulations retain the requirement that a payor or middleman complete the acts necessary to effect payment outside the United States, but remove the other U.S. connections described in §1.6049-5(e) of the final regulations for the purpose of being allowed to use documentary evidence under §1.6049-5(c). This modification reduces burdens by eliminating the need for a payor or middleman to monitor whether these U.S. connections are present for purposes of determining if the payor or middleman may rely upon documentary evidence under §1.6049-5(c)(1). (For a discussion of the documentary evidence rule in §1.6049-5(c), see section III.D of this preamble.) The U.S. connections, however, are still retained for other purposes under chapter 61 and section 3406, and have been included in the definition of the term paid and received outside the United States under §1.6049-4(f)(16) (as discussed in section III.A of this preamble).

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