Page:United States Statutes at Large Volume 97.djvu/409

 PUBLIC LAW 98-67—AUG. 5, 1983 97 STAT. 377 " (ii) DETERMINATION THAT THERE WAS NO UNDERRE- PORTING; HARDSHIP. —In the case of any determination under clause (i) or (iii) of subsection (c)(3)(A), the deter- mination effective date shall be the date on which the Secretary's determination is made. "(4) FAILURE TO PROVIDE CERTIFICATION THAT PAYEE IS NOT SUBJECT TO WITHHOLDING. — "(A) IN GENERAL.—In the case of any payee certification failure described in subsection (d)(1), subsection (a) shall apply to any reportable interest or dividend payment made during the period during which the certification described in subsection (d)(1) has not been furnished to the payor. " (B) SPECIAL RULE FOR READILY TRADABLE INSTRUMENTS ACQUIRED THROUGH BROKER WHERE NOTIFICATION. — In the case of any readily tradable instrument acquired by the payee through a broker, the period described in subpara- graph (A) shall start with payments to the payee made after the close of the 30th day after the payor receives notifica- tion from a broker under subsection (d)(2)(B). "(5) 30-DAY GRACE PERIODS.— "(A) START-UP.— I f the payor elects the application of this subparagraph with respect to the payee, subsection (a) shall also apply to any reportable payment made during the 30- day period described in paragraph (2)(A), (3)(A), or (4)(B). "(B) STOPPING.—Unless the payor elects not to have this subparagraph apply with respect to the payee, subsection (a) shall also apply to any reportable payment made after the close of the period described in paragraph (1), (2), or (4) (as the case may be) and before the 30th day after the close of such period. A similar rule shall also apply with respect to the period described in paragraph (3)(A) where the stop date is determined under clause (i) or (ii) of paragraph (3)(B). "(C) ELECTION OF SHORTER GRACE PERIOD. — The payor may elect a period shorter than the grace period set forth in subparagraph (A) or (B), as the case may be. "(f) CONFIDENTIALITY OF INFORMATION. — "(1) IN GENERAL. —No person may use any information obtained under this section (including any failure to certify under subsection (d)) except for purposes of meeting any requirement under this section or (subject to the safeguards set forth in section 6103) for purposes permitted under section 6103. 26 USC 6103. " (2) CROSS REFERENCE. — "For provision providing for civil damages for violation of paragraph (1), see section 7431. "(g) EXCEPTIONS. — "(1) PAYMENTS TO CERTAIN PAYEES.—Subsection (a) shall not apply to any payment made to— "(A) any organization or governmental unit described in subparagraph (B), (C), (D), (E), or (F) of section 6049(b)(4), or Ante, p. 370. "(B) any other person specified in regulations. " (2) AMOUNTS FOR WHICH WITHHOLDING OTHERWISE REQUIRED.—Subsection (a) shall not apply to any amount for which withholding is otherwise required by this title. "(3) EXEMPTION WHILE WAITING FOR TIN.— The Secretary shall prescribe regulations for exemptions from the tax imposed by

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