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Brokers

 
A broker is any person who, in the ordinary course of a trade or business, stands ready to effect sales to be made by others. A broker may include a U.S. or foreign person or a governmental unit and any subsidiary agency.

You are considered a broker if:

  • You are an obligor that regularly issues and retires its own debt obligations or
  • You are a corporation that regularly redeems its own stock.

However, for a sale, redemption, or retirement at an office outside the United States, only a U.S. payer or U.S. middleman is a broker. See Regulations sections 1.6045-1(g)(1) and 1.6049-5(c)(5).

You are not considered a broker if:

  • You are a corporation that purchases odd-lot shares from its stockholders on an irregular basis (unless facts indicate otherwise),
  • You manage a farm for someone else, or
  • You are an international organization that redeems or retires its own debt. See Regulations section 1.6045-1(a)(1).

 

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