Subject to withholding
(127) Subject to withholding. The term subject to withholding, with respect to an amount, means an amount for which withholding is required under chapter 4 or an amount for which chapter 4 withholding was otherwise applied. (128) Substantial U.S. owner. The term substantial U.S. owner or substantial United States owner has the meaning set forth in 1.1473-1(b). In the case of a reporting Model 2 FFI, in applying this section with respect to a passive NFFE the term substantial U.S. owner means a controlling person as defined in the applicable Model 2 IGA. (129) Territory entity. The term territory entity means any entity that is incorporated or organized under the laws of any U.S. territory. (130) Territory financial institution. The term territory financial institution means a financial institution that is incorporated or organized under the laws of any U.S. territory, not including a territory entity that is an investment entity but that is not a depository institution, custodial institution, or specified insurance company. (131) Territory financial institution treated as a U.S. person. The term territory financial institution treated as a U.S. person means a territory financial institution that is treated as a U.S. person under 1.1471-3(a)(3)(iv). (132) Territory NFFE. The term territory NFFE means a territory entity that is not a financial institution, including a territory entity that is an investment entity but is not a depository institution, custodial institution, or specified insurance company. (133) TIN. The term TIN means the tax identifying number assigned to a person under section 6109. (134) U.S. account. The term U.S. account or United States account has the meaning set forth in 1.1471-5(a). (135) U.S. branch treated as a U.S. person. The term U.S. branch treated as a U.S. person means a U.S. branch that agrees to be treated as a U.S. person as described in 1.1441-1(b)(2)(iv)(A). For the due diligence, withholding, and reporting requirements of a U.S. branch of an FFI treated as a U.S. person for purposes of chapter 4, see 1.1471-4(b)(7), (c)(2)(v), (d)(2)(iii)(B), 1.1472-1(a), and 1.1474-1(i)(1) and (2). (136) U.S. financial institution. The term U.S. financial institution means a financial institution that is a U.S. person, including a U.S. branch treated as a U.S. person. (137) U.S. indicia. The term U.S. indicia has the meaning set forth in 1.1471-4(c)(5)(iv)(B) when applied to an individual and as set forth in 1.1471-3(e)(4)(v)(A) when applied to an entity. (138) U.S. owned foreign entity. The term U.S. owned foreign entity or United States owned foreign entity has the meaning set forth in 1.1471-5(c). (139) U.S. payee. The term U.S. payee means any payee that is a U.S. person. (140) U.S. payor. The term U.S. payor means a U.S. payor or U.S. middleman as defined in 1.6049-5(c)(5). (141) U.S. person(i) Except as otherwise provided in paragraph (b)(141)(ii) of this section, the term U.S. person or United States person means a person described in section 7701(a)(30), the United States government (including an agency or instrumentality thereof), a State (including an agency or instrumentality thereof), or the District of Columbia (including an agency or instrumentality thereof). The term U.S. person or United States person also means a foreign insurance company that has made an election under section 953(d), provided that either the foreign insurance company is not a specified insurance company (as described in 1.1471-5(e)(1)(iv)), or the foreign insurance company is a specified insurance company and is licensed to do business in any State. (ii) The term U.S. person or United States person does not include a foreign insurance company that has made an election under section 953(d) if it is a specified insurance company and is not licensed to do business in any State. An individual will not be treated as a U.S. person for a taxable year or any portion of a taxable year that the individual is a dual resident taxpayer (within the meaning of 301.7701(b)-7(a)(1) of this chapter) who is treated as a nonresident alien pursuant to 301.7701(b)-7 of this chapter for purposes of computing the individual's U.S. tax liability. A U.S. person does not include an alien individual who has made an election under section 6013(g) or (h) to be treated as a resident of the United States. (142) U.S. source FDAP income. The term U.S. source FDAP income has the meaning set forth in 1.1473-1(a)(2). (143) U.S. territory. The term U.S. territory or possession of the United States means American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, or the U.S. Virgin Islands. (144) U.S. withholding agent. The term U.S. withholding agent means a withholding agent that is either a U.S. person or a U.S. branch of a foreign person. (145) Withholdable payment. The term withholdable payment has the meaning set forth in 1.1473-1(a). (146) Withholding. The term withholding means the deduction and withholding of tax at the applicable rate from a payment. (147) Withholding agent. The term withholding agent has the meaning set forth in 1.1473-1(d). (148) Withholding certificate. The term withholding certificate means a Form W-8, Form W-9, or any other certificate that under the Code or regulations certifies or establishes the chapter 4 status of a payee or beneficial owner. (149) WP. The term WP or withholding foreign partnership means a foreign partnership that has executed the agreement described in 1.1441-5(c)(2)(ii). (150) Written statement. The term written statement has the meaning set forth in 1.1471-3(c)(4). (151) WT. The term WT or withholding foreign trust means a foreign grantor trust or foreign simple trust that has executed the agreement described in 1.1441-5(e)(5)(v).