(5) Broker (A) In general The term “broker” has the meaning given to such term by section 6045(c)(1). (B) Only 1 broker per acquisition If, but for this subparagraph, there would be more than 1 broker with respect to any acquisition, only the broker having the closest contact with the payee shall be treated as the broker. (C) Payor not treated as broker In the case of any instrument, such term shall not include any person who is the payor with respect to such instrument. (D) Real estate broker not treated as a broker Except as provided by regulations, such term shall not include any real estate broker (as defined in section 6045(e)(2) ).


26 USC § 3406(h)(5)

Scoping language

For purposes of this section
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