Page:United States Statutes at Large Volume 52.djvu/571

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PUBLIC LAWS---CH 289-MAY 28, 1938 Ante, p. 527. Payment of tax. Time designated. Ante, p. 478. Withholding at source. Ante, p. 511 . prescribed by the Commissioner, with the approval of the Secretary, nonresident alien individuals subject to the tax imposed by section 211 (a) may be exempted from the requirement of filing returns of such tax. SEC. 218 . PAYMENT OF TAX. (a) TIME OF PAYMENT. -In the case of a nonresident alien indi- vidual the total amount of tax imposed by this title shall be paid, in lieu of the time prescribed in section 56 (a), on the fifteenth day of June following the close of the calendar year, or, if the return should be made on the basis of a fiscal year, then on the fifteenth day of the sixth month following the close of the fiscal year. (b) WITHHOLDING AT SOURCE.-For withholding at source of tax on income of nonresident aliens, see section 143. Partnerships. SEC. 219. PARTNERSHIPS. Business of nonresi- dent members. Foreign corpora- tions. Tax on. For the purpose of this title, a nonresident alien individual shall be considered as being engaged in a trade or business within the United States if the partnership of which he is a member is so engaged and as having an office or place of business within the United States if the partnership of which he is a member has such an office or place of business. Supplement I-Foreign Corporations SEC. 231. TAX ON FOREIGN CORPORATIONS. Nonresident corpo- (a) NONRESIDENT CORPORATIONS. - There shall be levied, collected, and paid for each taxable year, in lieu of the tax imposed by Ane, pp 456,4. sections 13 and 14, upon the amount received by every foreign cor- poration not engaged in trade or business within the United States and not having an office or place of business therein, from sources within the United States as interest (except interest on deposits with persons carrying on the banking business), dividends, rents, salaries, wages, premiums, annuities, compensations, remunerations, emolu- ments, or other fixed or determinable annual or periodical gains, profits, and income, a tax of 15 per centum of such amount, except that in the case of dividends the rate shall be 10 per centum, and except that in the case of corporations organized under the laws of a contiguous country such rate of 10 per centum with respect to divi- dends shall be reduced to such rate (not less than 5 per centum) as may be provided by treaty with such country. For inclusion in An, p. 470. computation of tax of amount specified in shareholder's consent, see section 28. Resident corpora- (b) RESIDENT CORPORATIONS.- A foreign corporation engaged in tons trade or business within the United States or having an ofice or place of business therein shall be taxable as provided in section Ante, p. 457. 14 (e) (1) Gross income. (c) GROSS INCOME-In the case of a foreign corporation gross income includes only the gross income from sources within the United States. Ships under foreign (d) SniPs UNDER FOREIGN FLAG.-The income of a foreign cor- la. poration, which consists exclusively of earnings derived from the operation of a ship or ships documented under the laws of a foreign country which grants an equivalent exemption to citizens of the United States and to corporations organized in the United States, shall not be included in gross income and shall be exempt from taxation under this title. 530 [52 STAT.