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26 U.S.C. § 862 — Income from sources without the United States

Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 862 — Income from sources without the United States

**(a) Gross income from sources without United States** The following items of gross income shall be treated as income from sources without the United States: (1) interest other than that derived from sources within the United States as provided in section 861(a)(1); (2) dividends other than those derived from sources within the United States as provided in section 861(a)(2); (3) compensation for labor or personal services performed without the United States; (4) rentals or royalties from property located without the United States or from any interest in such property, including rentals or royalties for the use of or for the privilege of using without the United States patents, copyrights, secret processes and formulas, good will, trade-marks, trade brands, franchises, and other like properties; (5) gains, profits, and income from the sale or exchange of real property located without the United States; (6) gains, profits, and income derived from the purchase of inventory property (within the meaning of section 865(i)(1)) within the United States and its sale or exchange without the United States; (7) underwriting income other than that derived from sources within the United States as provided in section 861(a)(7); (8) gains, profits, and income from the disposition of a United States real property interest (as defined in section 897(c)) when the real property is located in the Virgin Islands; and (9) amounts received, directly or indirectly, from a foreign person for the provision of a guarantee of indebtedness of such person other than amounts which are derived from sources within the United States as provided in section 861(a)(9). **(b) Taxable income from sources without United States** From the items of gross income specified in subsection (a) there shall

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Source location: Title 26, Chapter 1, § 862; chapter-001-normal-taxes-and-surtaxes.md

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 861 — Income from sources within the United States

**(a) Gross income from sources within United States** The following items of gross income shall be treated as income from sources within the United States: (1) **Interest** — Interest from the United States or the District of Columbia, and interest on bonds, notes, or other interest-bearing obligations of noncorporate residents or domestic corporations not including— (A) interest— (i) on deposits with a foreign branch of a domestic corporation or a domestic partnership if such branch is engaged in the commercial banking business, and (ii) on amounts satisfying the requirements of subparagraph (B) of section 871(i)(3) which are paid by a foreign branch of a domestic corporation or a domestic partnership, and (B) in the case of a foreign partnership, which is predominantly engaged in the active conduct of a trade or business outside the United States, any interest not paid by a trade or business engaged in by the partnership in the United States and not allocable to income which is effectively connected (or treated as effectively connected) with the conduct of a trade or business in the United States. (2) **Dividends** — The amount received as dividends— (A) from a domestic corporation, or (B) from a foreign corporation unless less than 25 percent of the gross income from all sources of such foreign corporation for the 3-year period ending with the close of its taxable year preceding the declaration of such dividends (or for such part of such period as the corporation has been in existence) was effectively connected (or treated as effectively connected other than income described in section 884(d)(2)) with the conduct of a trade or business within the United States; but only in an amount which bears the same ratio to such dividends as the gross in

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 1 — Tax imposed

**(a) Married individuals filing joint returns and surviving spouses** There is hereby imposed on the taxable income of— (1) every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and (2) every surviving spouse (as defined in section 2(a)), a tax determined in accordance with the following table: If taxable income is:The tax is: Not over $36,90015% of taxable income. Over $36,900 but not over $89,150$5,535, plus 28% of the excess over $36,900. Over $89,150 but not over $140,000$20,165, plus 31% of the excess over $89,150. Over $140,000 but not over $250,000$35,928.50, plus 36% of the excess over $140,000. Over $250,000$75,528.50, plus 39.6% of the excess over $250,000. **(b) Heads of households** There is hereby imposed on the taxable income of every head of a household (as defined in section 2(b)) a tax determined in accordance with the following table: If taxable income is:The tax is: Not over $29,60015% of taxable income. Over $29,600 but not over $76,400$4,440, plus 28% of the excess over $29,600. Over $76,400 but not over $127,500$17,544, plus 31% of the excess over $76,400. Over $127,500 but not over $250,000$33,385, plus 36% of the excess over $127,500. Over $250,000$77,485, plus 39.6% of the excess over $250,000. **(c) Unmarried individuals (other than surviving spouses and heads of households)** There is hereby imposed on the taxable income of every individual (other than a surviving spouse as defined in section 2(a) or the head of a household as defined in section 2(b)) who is not a married individual (as defined in section 7703) a tax determined in accordance with the following table: If taxable income is:The tax is: Not over $22,10015% of taxable income. Over $22,100 but not over $53,50

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 865 — Source rules for personal property sales

**(a) General rule** Except as otherwise provided in this section, income from the sale of personal property— (1) by a United States resident shall be sourced in the United States, or (2) by a nonresident shall be sourced outside the United States. **(b) Exception for inventory property** In the case of income derived from the sale of inventory property— (1) this section shall not apply, and (2) such income shall be sourced under the rules of sections 861(a)(6), 862(a)(6), and 863. Notwithstanding the preceding sentence, any income from the sale of any unprocessed timber which is a softwood and was cut from an area in the United States shall be sourced in the United States and the rules of sections 862(a)(6) and 863(b) shall not apply to any such income. For purposes of the preceding sentence, the term “unprocessed timber” means any log, cant, or similar form of timber. **(c) Exception for depreciable personal property** (1) **In general** — Gain (not in excess of the depreciation adjustments) from the sale of depreciable personal property shall be allocated between sources in the United States and sources outside the United States— (A) by treating the same proportion of such gain as sourced in the United States as the United States depreciation adjustments with respect to such property bear to the total depreciation adjustments, and (B) by treating the remaining portion of such gain as sourced outside the United States. (2) **Gain in excess of depreciation** — Gain (in excess of the depreciation adjustments) from the sale of depreciable personal property shall be sourced as if such property were inventory property. (3) **United States depreciation adjustments** — For purposes of this subsection— (A) *In general* — The term “United States depreciation

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 2 — Definitions and special rules

**(a) Definition of surviving spouse** (1) **In general** — For purposes of section 1, the term “surviving spouse” means a taxpayer— (A) whose spouse died during either of his two taxable years immediately preceding the taxable year, and (B) who maintains as his home a household which constitutes for the taxable year the principal place of abode (as a member of such household) of a dependent (i) who (within the meaning of section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) is a son, stepson, daughter, or stepdaughter of the taxpayer, and (ii) with respect to whom the taxpayer is entitled to a deduction for the taxable year under section 151. (2) **Limitations** — Notwithstanding paragraph (1), for purposes of section 1 a taxpayer shall not be considered to be a surviving spouse— (A) if the taxpayer has remarried at any time before the close of the taxable year, or (B) unless, for the taxpayer’s taxable year during which his spouse died, a joint return could have been made under the provisions of section 6013 (without regard to subsection (a)(3) thereof). (3) **Special rule where deceased spouse was in missing status** — If an individual was in a missing status (within the meaning of section 6013(f)(3)) as a result of service in a combat zone (as determined for purposes of section 112) and if such individual remains in such status until the date referred to in subparagraph (A) or (B), then, for purposes of paragraph (1)(A), the date on which such individual died shall be treated as the earlier of the date determined under subparagraph (A) or the date determined under subparagraph (B): (A) the date on which the determination is made under [section 556 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 897 — Disposition of investment in United States real property

**(a) General rule** (1) **Treatment as effectively connected with United States trade or business** — For purposes of this title, gain or loss of a nonresident alien individual or a foreign corporation from the disposition of a United States real property interest shall be taken into account— (A) in the case of a nonresident alien individual, under section 871(b)(1), or (B) in the case of a foreign corporation, under section 882(a)(1), as if the taxpayer were engaged in a trade or business within the United States during the taxable year and as if such gain or loss were effectively connected with such trade or business. (2) **Minimum tax on nonresident alien individuals** (A) *In general* — In the case of any nonresident alien individual, the taxable excess for purposes of section 55(b)(1) shall not be less than the lesser of— (i) the individual’s alternative minimum taxable income (as defined in section 55(b)(1)(D)) for the taxable year, or (ii) the individual’s net United States real property gain for the taxable year. (B) *Net United States real property gain* — For purposes of subparagraph (A), the term “net United States real property gain” means the excess of— (i) the aggregate of the gains for the taxable year from dispositions of United States real property interests, over (ii) the aggregate of the losses for the taxable year from dispositions of such interests. **(b) Limitation on losses of individuals** In the case of an individual, a loss shall be taken into account under subsection (a) only to the extent such loss would be taken into account under section 165(c) (determined without regard to subsection (a) of this section). **(c) United States real property interest** For purposes of this section— (1) **United States r

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 862 — Income from sources without the United

Page 2033 TITLE 26—INTERNAL REVENUE CODE § 862 ‘‘(1) IN GENERAL.—This section shall apply to tax- able years beginning after August 13, 1983, and on or before August 1, 1986. ‘‘(2) SPECIAL RULE.—If the taxpayer’s 4th taxable year beginning after August 13, 1981, is not described in paragraph (1), this section shall apply also to such 4th taxable year.’’ CONFORMITY OF AMENDMENTS MADE BY FOREIGN INVES- TORS TAX ACT OF 1966 WITH TREATY OBLIGATIONS OF THE UNITED STATES Pub. L. 89–809, title I, § 110, Nov. 13, 1966, 80 Stat. 1575, provided that: ‘‘No amendment made by this title [see Short Title note above] shall apply in any case where its application would be contrary to any treaty obliga- tion of the United States. For purposes of the preceding sentence, the extension of a benefit provided by any amendment made by this title shall not be deemed to be contrary to a treaty obligation of the United States.’’ § 862. Income from sources without the United States (a) Gross income from sources without United States The following items of gross income shall be treated as income from sources without the United States: (1) interest other than that derived from sources within the United States as provided in section 861(a)(1); (2) dividends other than those derived from sources within the United States as provided in section 861(a)(2); (3) compensation for labor or personal serv- ices performed without the United States; (4) rentals or royalties from property located without the United States or from any inter- est in such property, including rentals or roy- alties for the use of or for the privilege of using without the United States patents, copy- rights, secret processes and formulas, good will, trade-marks, trade brands, franchises, and other like

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