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Publication 901 - Introductory Material


What's New

New tax treaty and protocol. The United States has exchanged instruments of ratification for a new income tax treaty with Malta and a new protocol amending the income tax treaty with New Zealand. The effective dates for both are as follows.

  • The provisions for withholding tax at source are effective for amounts paid or credited on or after January 1, 2011.

  • The provisions for other taxes, are generally effective for tax periods beginning on or after January 1, 2011.

Table 1. The columns for royalty income (Income Codes 10–12) have been expanded. Industrial Royalties (Income Code 10) has been divided into two categories (equipment and know-how) and Copyright Royalties (Income Code 12) has been divided into two categories (copyrights and patents). None of the rates have changed; rather, rates previously explained in footnotes for these categories are now shown in a separate column. Also, the columns for Capital Gains (Income Code 9) and Real Property Income and Natural Resource Royalties (Income Code 13) are no longer shown.

Reminders

Disclosure of a treaty-based position that reduces your tax. If you take the position that any U.S. tax is overruled or otherwise reduced by a U.S. treaty (a treaty-based position), you generally must disclose that position on your affected return. See Application of Treaties, later.

U.S.–U.S.S.R. income tax treaty. The U.S.–U.S.S.R. income tax treaty remains in effect for the following members of the Commonwealth of Independent States: Armenia, Azerbaijan, Belarus, Georgia, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, and Uzbekistan. That treaty will remain in effect until new treaties with these individual countries are negotiated and ratified. Provisions of the U.S.–U.S.S.R. income tax treaty are discussed in this publication under Commonwealth of Independent States.

U.S.–China income tax treaty. The U.S.–China income tax treaty does not apply to Hong Kong.

U.S.–Italy income tax treaty. The U.S.–Italy income tax treaty was generally effective on January 1, 2010. A person entitled to benefits under the former treaty could elect to have that treaty apply in its entirety for a twelve-month period following the date the new treaty would otherwise apply. If you need information on the former treaty, see Publication 901 (Rev. April 2010).

Introduction

This publication will tell you whether a tax treaty between the United States and a particular country offers a reduced rate of, or possibly a complete exemption from, U.S. income tax for residents of that particular country.

Tables in the back of this publication show the countries that have income tax treaties with the United States, the tax rates on different kinds of income, and the kinds of income that are exempt from tax.

You should use this publication only for quick reference. It is not a complete guide to all provisions of every income tax treaty.

Comments and suggestions.   We welcome your comments about this publication and your suggestions for future editions.

  You can write to us at the following address:

Internal Revenue Service 
Individual Forms and Publications Branch 
SE:W:CAR:MP:T:I 
1111 Constitution Ave. NW, IR-6526 
Washington, DC 20224

  We respond to many letters by telephone. Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence.

  You can email us at *taxforms@irs.gov. (The asterisk must be included in the address.) Please put “Publications Comment” on the subject line. You can also send us comments from www.irs.gov/formspubs, select “Comment on Tax Forms and Publications” under “Information about.

  Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products.

Ordering forms and publications.   Visit www.irs.gov/formspubs to download forms and publications, call 1-800-829-3676, or write to the address below and receive a response within 10 days after your request is received.

Internal Revenue Service 
1201 N. Mitsubishi Motorway 
Bloomington, IL 61705-6613

Tax questions.   If you have a tax question, check the information available on IRS.gov or call 1-800-829-1040. We cannot answer tax questions sent to either of the above addresses.

Obtaining copies of treaties.   You can get complete information about treaty provisions from the taxing authority in the country from which you receive income or from the treaty itself.

  You can obtain the text of most of the treaties at www.irs.gov/businesses/international. You can also obtain the text of most of the treaties at the following address:

Department of the Treasury 
Office of Public Correspondence 
1500 Pennsylvania Ave. NW — Rm. 3419 
Washington, D.C. 20220

If you have specific questions about a treaty, you can get this information from most Internal Revenue Service offices or from:

Internal Revenue Service 
International Section 
Philadelphia, PA 19255-0725

Useful Items - You may want to see:

Publication

  • 519 U.S. Tax Guide for Aliens

  • 597 Information on the United States–Canada Income Tax Treaty

Form (and Instructions)

  • 8833 Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b)

See How To Get Tax Help near the end of this publication for information about getting these publications and forms.


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