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IRS Makes Withholding Tax on Cross-Border Payments A Tier I Compliance Issue by Paul E. Smith
Holme Roberts & Owen LLP - Boulder Office
Mark Dunshee
Holme Roberts & Owen LLP - Denver Office
Travis Logghe
Holme Roberts & Owen LLP - Denver Office
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August 20, 2009
Previously published on June 8, 2009
On May 26, 2009, the IRS amplified its initiative to enforce withholding tax obligations by designating withholding tax on cross-border payments as a Tier I compliance issue. This designation reflects a determination by the IRS's Large and Mid-Size Business Division (the "LMSB") that cross-border withholding issues should be given priority in directing relevant technical guidance to field personnel. Tier I issues are of high strategic importance to the LMSB and have a significant impact on one or more industries. Tier I issues can include areas involving a large number of taxpayers, significant dollar risk, and substantial compliance risk or visibility. According to IRS Commissioner Douglas Shulman: "The tier issue process will provide the needed organizational priority and coordination to ensure taxpayer compliance with the U.S. withholding tax provisions."
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