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26 U.S.C. § 2105 — Property without the United States
Federal law — U.S. Code and appendices · legal_authorities
**(a) Proceeds of life insurance** For purposes of this subchapter, the amount receivable as insurance on the life of a nonresident not a citizen of the United States shall not be deemed property within the United States.
**(b) Bank deposits and certain other debt obligations** For purposes of this subchapter, the following shall not be deemed property within the United States—
(1) amounts described in section 871(i)(3), if any interest thereon would not be subject to tax by reason of section 871(i)(1) were such interest received by the decedent at the time of his death,
(2) deposits with a foreign branch of a domestic corporation or domestic partnership, if such branch is engaged in the commercial banking business,
(3) debt obligations, if, without regard to whether a statement meeting the requirements of section 871(h)(5) has been received, any interest thereon would be eligible for the exemption from tax under section 871(h)(1) were such interest received by the decedent at the time of his death, and
(4) obligations which would be original issue discount obligations as defined in section 871(g)(1) but for subparagraph (B)(i) thereof, if any interest thereon (were such interest received by the decedent at the time of his death) would not be effectively connected with the conduct of a trade or business within the United States.
Notwithstanding the preceding sentence, if any portion of the interest on an obligation referred to in paragraph (3) would not be eligible for the exemption referred to in paragraph (3) by reason of section 871(h)(4) if the interest were received by the decedent at the time of his death, then an appropriate portion (as determined in a manner prescribed by the Secretary) of the value (as determined for purposes of this chapter) of such debt
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Stable record: federal_law:legal_authorities:record_usc_a9cc1f31016b6809bbd0aeb9
Source file: Laws/federal/codes/united-states-code/title-26/section-2105-property-without-the-united-states--0c09d2461f.md
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Source location: Title 26, Chapter 11, § 2105; chapter-011-estate-tax.md
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**(a) Proceeds of life insurance** For purposes of this subchapter, the amount receivable as insurance on the life of a nonresident not a citizen of the United States shall not be deemed property within the United States.
**(b) Bank deposits and certain other debt obligations** For purposes of this subchapter, the following shall not be deemed property within the United States—
(1) amounts described in section 871(i)(3), if any interest thereon would not be subject to tax by reason of section 871(i)(1) were such interest received by the decedent at the time of his death,
(2) deposits with a foreign branch of a domestic corporation or domestic partnership, if such branch is engaged in the commercial banking business,
(3) debt obligations, if, without regard to whether a statement meeting the requirements of section 871(h)(5) has been received, any interest thereon would be eligible for the exemption from tax under section 871(h)(1) were such interest received by the decedent at the time of his death, and
(4) obligations which would be original issue discount obligations as defined in section 871(g)(1) but for subparagraph (B)(i) thereof, if any interest thereon (were such interest received by the decedent at the time of his death) would not be effectively connected with the conduct of a trade or business within the United States.
Notwithstanding the preceding sentence, if any portion of the interest on an obligation referred to in paragraph (3) would not be eligible for the exemption referred to in paragraph (3) by reason of section 871(h)(4) if the interest were received by the decedent at the time of his death, then an appropriate portion (as determined in a manner prescribed by the Secretary) of the value (as determined for purposes of this chapter) of such debt obligation shall be deemed property within the United States.
**(c) Works of art on loan for exhibition** For purposes of this subchapter, works of art owned by a nonresident not a citizen of the United States shall not be deemed property within the United States if such works of art are—
(1) imported into the United States solely for exhibition purposes,
(2) loaned for such purposes, to a public gallery or museum, no part of the net earnings of which inures to the benefit of any private stockholder or individual, and
(3) at the time of the death of the owner, on exhibition, or en route to or from exhibition, in such a public gallery or museum.
**(d) Stock in a RIC**
(1) **In general** — For purposes of this subchapter, stock in a regulated investment company (as defined in section 851) owned by a nonresident not a citizen of the United States shall not be deemed property within the United States in the proportion that, at the end of the quarter of such investment company’s taxable year immediately preceding a decedent’s date of death (or at such other time as the Secretary may designate in regulations), the assets of the investment company that were qualifying assets with respect to the decedent bore to the total assets of the investment company.
(2) **Qualifying assets** — For purposes of this subsection, qualifying assets with respect to a decedent are assets that, if owned directly by the decedent, would have been—
(A) amounts, deposits, or debt obligations described in subsection (b) of this section,
(B) debt obligations described in the last sentence of section 2104(c), or
(C) other property not within the United States.
(3) **Termination** — This subsection shall not apply to estates of decedents dying after December 31, 2011.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Imposition** Except as provided in section 2107, a tax is hereby imposed on the transfer of the taxable estate (determined as provided in section 2106) of every decedent nonresident not a citizen of the United States.
**(b) Computation of tax** The tax imposed by this section shall be the amount equal to the excess (if any) of—
(1) a tentative tax computed under section 2001(c) on the sum of—
(A) the amount of the taxable estate, and
(B) the amount of the adjusted taxable gifts, over
(2) a tentative tax computed under section 2001(c) on the amount of the adjusted taxable gifts.
**(c) Adjustments for taxable gifts**
(1) **Adjusted taxable gifts defined** — For purposes of this section, the term “adjusted taxable gifts” means the total amount of the taxable gifts (within the meaning of section 2503 as modified by section 2511) made by the decedent after December 31, 1976, other than gifts which are includible in the gross estate of the decedent.
(2) **Adjustment for certain gift tax** — For purposes of this section, the rules of section 2001(d) shall apply.
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 2101
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Income not connected with United States business—30 percent tax**
(1) **Income other than capital gains** — Except as provided in subsection (h), there is hereby imposed for each taxable year a tax of 30 percent of the amount received from sources within the United States by a nonresident alien individual as—
(A) interest (other than original issue discount as defined in section 1273), dividends, rents, salaries, wages, premiums, annuities, compensations, remunerations, emoluments, and other fixed or determinable annual or periodical gains, profits, and income,
(B) gains described in subsection (b) or (c) of section 631,
(C) in the case of—
(i) a sale or exchange of an original issue discount obligation, the amount of the original issue discount accruing while such obligation was held by the nonresident alien individual (to the extent such discount was not theretofore taken into account under clause (ii)), and
(ii) a payment on an original issue discount obligation, an amount equal to the original issue discount accruing while such obligation was held by the nonresident alien individual (except that such original issue discount shall be taken into account under this clause only to the extent such discount was not theretofore taken into account under this clause and only to the extent that the tax thereon does not exceed the payment less the tax imposed by subparagraph (A) thereon), and
(D) gains from the sale or exchange after October 4, 1966, of patents, copyrights, secret processes and formulas, good will, trademarks, trade brands, franchises, and other like property, or of any interest in any such property, to the extent such gains are from payments which are contingent on the productivity, use, or disposition of the property or interest
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Federal law — U.S. Code and appendices · legal_authorities
Page 2620
TITLE 26—INTERNAL REVENUE CODE
§ 2105
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–226 applicable to taxable
years beginning after Dec. 31, 2010, with certain excep-
tions, see section 217(d) of Pub. L. 111–226, set out as a
note under section 861 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–647 effective, except as
otherwise provided, as if included in the provision of
the Tax Reform Act of 1986, Pub. L. 99–514, to which
such amendment relates, see section 1019(a) of Pub. L.
100–647, set out as a note under section 1 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–455 not applicable to trans-
fers made before Jan. 1, 1977, see section 2001(d)(1) of
Pub. L. 94–455, set out as a note under section 2001 of
this title.
EFFECTIVE DATE OF 1975 AMENDMENT
Amendment by Pub. L. 93–625 applicable with respect
to estates of decedents dying after Jan. 3, 1975, see sec-
tion 9(c) of Pub. L. 93–625, set out as a note under sec-
tion 861 of this title.
EFFECTIVE DATE OF 1973 AMENDMENT
Pub. L. 93–17, § 3(a)(2), Apr. 10, 1973, 87 Stat. 12, pro-
vided that: ‘‘The amendment made by paragraph (1)
[amending this section] shall apply with respect to es-
tates of decedents dying after December 31, 1972, except
that in the case of the assumption of a debt obligation
of a foreign corporation which is treated as issued
under section 4912(c)(2) after December 31, 1972, and be-
fore January 1, 1974, the amendment made by para-
graph (1) [amending this section] shall apply with re-
spect to estates of decedents dying after December 31,
1973.’’
EFFECTIVE DATE OF 1966 AMENDMENT
Amendment by Pub. L. 89–809 applicable with respect
to estates of decedents dying after Nov. 13, 1966, see sec-
tion 108(i) of
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