The Internal Revenue Service (IRS) has announced its intention in Notice 99-25 to postpone the effective date of the withholding regulations under IRC § 1441 and related provisions. Those rules will now apply to payments made after December 31 2000. Although the extension is primarily in response to the difficulties faced by financial institutions, the extension delays the reporting requirement for treaty-based related party transactions. Unfortunately, it also means that distributing corporations may not elect to reduce the amount subject to withholding if the company has inadequate earnings and profits before January 1 2001.
May 31 1999