§ 1446. Withholding 1 tax on foreign partners’ share of effectively connected income
(a)
General rule
If—
such partnership shall pay a withholding tax under this section at such time and in such manner as the Secretary shall by regulations prescribe.
(b)
Amount of withholding tax
(1)
In general
The amount of the withholding tax payable by any partnership under subsection (a) shall be equal to the applicable percentage of the effectively connected taxable income of the partnership which is allocable under section
704 to foreign partners.
(2)
Applicable percentage
For purposes of paragraph (1), the term “applicable percentage” means—
(c)
Effectively connected taxable income
For purposes of this section, the term “effectively connected taxable income” means the taxable income of the partnership which is effectively connected (or treated as effectively connected) with the conduct of a trade or business in the United States computed with the following adjustments:
(2)
The partnership shall be allowed a deduction for depletion with respect to oil and gas wells but the amount of such deduction shall be determined without regard to sections
613 and
613A.
(3)
There shall not be taken into account any item of income, gain, loss, or deduction to the extent allocable under section
704 to any partner who is not a foreign partner.
(d)
Treatment of foreign partners
(1)
Allowance of credit
Each foreign partner of a partnership shall be allowed a credit under section
33 for such partner’s share of the withholding tax paid by the partnership under this section. Such credit shall be allowed for the partner’s taxable year in which (or with which) the partnership taxable year (for which such tax was paid) ends.
(e)
Foreign partner
For purposes of this section, the term “foreign partner” means any partner who is not a United States person.
(f)
Regulations
The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section, including—
(1)
regulations providing for the application of this section in the case of publicly traded partnerships, and
[1] So in original. Probably should be followed by “of”.