United States Code · Section
§ 5000C — Imposition Of Tax On Certain Foreign Procurement
26 U.S.C. § 5000C
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(a) There is hereby imposed on any foreign person that receives a specified Federal procurement payment a tax equal to 2 percent of the amount of such specified Federal procurement payment.
(b) For purposes of this section, the term “specified Federal procurement payment” means any payment made pursuant to a contract with the Government of the United States for—
(1) the provision of goods, if such goods are manufactured or produced in any country which is not a party to an international procurement agreement with the United States, or
(2) the provision of services, if such services are provided in any country which is not a party to an international procurement agreement with the United States.
(c) For purposes of this section, the term “foreign person” means any person other than a United States person.
(1) The amount deducted and withheld under chapter 3 shall be increased by the amount of tax imposed by this section on such payment.
(2) For purposes of subtitle F, any tax imposed by this section shall be treated as a tax imposed by subtitle A.
Implementing Regulations
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25.1003 Tax on certain foreign procurements.48 C.F.R. § 25.1003
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31.205-41 Taxes.48 C.F.R. § 31.205-41
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29.204 Federal excise tax on specific foreign contract payments.48 C.F.R. § 29.204
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52.229-12 Tax on Certain Foreign Procurements.48 C.F.R. § 52.229-12
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52.229-4 Federal, State, and Local Taxes (State and Local Adjustments).48 C.F.R. § 52.229-4
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52.229-3 Federal, State, and Local Taxes.48 C.F.R. § 52.229-3
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52.229-7 Taxes—Fixed-Price Contracts With Foreign Governments.48 C.F.R. § 52.229-7
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52.229-11 Tax on Certain Foreign Procurements—Notice and Representation.48 C.F.R. § 52.229-11
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52.229-6 Taxes—Foreign Fixed-Price Contracts.48 C.F.R. § 52.229-6
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252.229-7014 Full Exemption from Two-Percent Excise Tax on Certain Foreign Procurements.48 C.F.R. § 252.229-7014
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PART 1—INCOME TAXES26 C.F.R. pt. 1