97 STAT. 374 PUBLIC LAW 98-67—AUG. 5, 1983 and it is unlikely that any payee underreporting by such payee will occur again, or "(iv) there is a bona fide dispute as to whether there has been any payee underreporting, then the Secretary shall take the action described in sub- paragraph (B). "(B) SECRETARY TO TAKE ACTION TO STOP (OR NOT TO START) WITHHOLDING.— For purposes of subparagraph (A), if at the time of the Secretary's determination under subparagraph (A)- "(i) no notice has been given under paragraph (1) to any payor with respect to the underreporting, the Sec- retary shall not give any such notice, or "(ii) if such notice has been given, the Secretary shall— "(I) provide the payee with a written certifica- tion that withholding under subsection (a)(1)(C) is to stop, and "(II) notify the applicable payors (and brokers) that such withholding is to stop. " (C) TIME FOR TAKING ACTION WHERE NOTICE TO PAYOR HAS BEEN GIVEN.—In any case where notice has been given under paragraph (1) to any payor with respect to any underreporting, if the Secretary makes a determination under subparagraph (A) during the 12-month period ending on October 15 of any calendar year— "(i) except as provided in clause (ii), the Secretary shall take the action described in subparagraph (B)(ii) to bring about the stopping of withholding no later than December 1 of such calendar year, or "(ii) in the case of^ "(I) a no payee underreporting determination under clause (i) of subparagraph (A), or "(II) a hardship determination under clause (iii) of subparagraph (A), such action shall be taken no later than the 45th day after the day on which the Secretary made the determi- nation. "(D) OPPORTUNITY TO REQUEST DETERMINATION. — The Sec- retary shall prescribe procedures under which— "(i) a payee may request a determination under sub- paragraph (A), and "(ii) the payee may provide information with respect to such request. "(4) PAYOR NOTIFIES PAYEE OF WITHHOLDING BECAUSE OF PAYEE UNDERREPORTING. —Any payor required to withhold any tax under subsection (a)(1)(C) shall, at the time such withholding begins, notify the payee of such withholding. " (5) PAYEE MAY BE REQUIRED TO NOTIFY SECRETARY WHO HIS PAYORS AND BROKERS ARE.— For purposes of this section, the Secretary may require any payee of reportable interest or divi- dend payments who is subject to withholding under subsection (a)(1)(C) to notify the Secretary of^ "(A) all payors from whom the payee receives reportable interest or dividend payments, and "(B) all brokers with whom the payee has accounts which may involve reportable interest or dividend payments.
Page:United States Statutes at Large Volume 97.djvu/406