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26 U.S.C. § 2208 — Certain residents of possessions considered citizens of the United States

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

26 U.S.C. § 2208 — Certain residents of possessions considered citizens of the United States

A decedent who was a citizen of the United States and a resident of a possession thereof at the time of his death shall, for purposes of the tax imposed by this chapter, be considered a “citizen” of the United States within the meaning of that term wherever used in this title unless he acquired his United States citizenship solely by reason of (1) his being a citizen of such possession of the United States, or (2) his birth or residence within such possession of the United States.

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Stable record: federal_law:legal_authorities:record_usc_c2c8f1700b4c5f68841e1582
Source file: Laws/federal/codes/united-states-code/title-26/section-2208-certain-residents-of-possessions-considered-citizens-of-the-united-state--8355383662.md
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Passage SHA-256: 053b5efb89c08fdf03761cd229167f5b51eb9326c6a3770d26bd511f243bda05

Source location: Title 26, Chapter 11, § 2208; chapter-011-estate-tax.md

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A decedent who was a citizen of the United States and a resident of a possession thereof at the time of his death shall, for purposes of the tax imposed by this chapter, be considered a “citizen” of the United States within the meaning of that term wherever used in this title unless he acquired his United States citizenship solely by reason of (1) his being a citizen of such possession of the United States, or (2) his birth or residence within such possession of the United States.

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

26 U.S.C. § 2014 — Credit for foreign death taxes

**(a) In general** The tax imposed by section 2001 shall be credited with the amount of any estate, inheritance, legacy, or succession taxes actually paid to any foreign country in respect of any property situated within such foreign country and included in the gross estate (not including any such taxes paid with respect to the estate of a person other than the decedent). The determination of the country within which property is situated shall be made in accordance with the rules applicable under subchapter B (sec. 2101 and following) in determining whether property is situated within or without the United States. **(b) Limitations on credit** The credit provided in this section with respect to such taxes paid to any foreign country— (1) shall not, with respect to any such tax, exceed an amount which bears the same ratio to the amount of such tax actually paid to such foreign country as the value of property which is— (A) situated within such foreign country, (B) subjected to such tax, and (C) included in the gross estate bears to the value of all property subjected to such tax; and (2) shall not, with respect to all such taxes, exceed an amount which bears the same ratio to the tax imposed by section 2001 (after deducting from such tax the credits provided by sections 2010 and 2012) as the value of property which is— (A) situated within such foreign country, (B) subjected to the taxes of such foreign country, and (C) included in the gross estate bears to the value of the entire gross estate reduced by the aggregate amount of the deductions allowed under sections 2055 and 2056. **(c) Valuation of property** (1) The values referred to in the ratio stated in subsection (b)(1) are the values determined for purposes of the tax imposed by such fore

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

26 U.S.C. § 2208 — Certain residents of possessions consid-

Page 2631 TITLE 26—INTERNAL REVENUE CODE [§ 2210 1 Section numbers editorially supplied. former subsec. (b) which read as follows: ‘‘If for any cal- endar year tax is paid under chapter 12 with respect to any person by reason of property treated as transferred by such person under section 2036(c)(4), such person shall be entitled to recover from the original transferee (as defined in section 2036(c)(4)(C)(ii)) the amount which bears the same ratio to the total tax for such year under chapter 12 as— ‘‘(1) the value of such property for purposes of chap- ter 12, bears to ‘‘(2) the total amount of the taxable gifts for such year.’’ Subsec. (c). Pub. L. 101–508, § 11601(b)(1), redesignated subsec. (d) as (c) and substituted ‘‘subsection (a)’’ for ‘‘subsections (a) and (b)’’ and ‘‘subsections (a) and (b)’’ for ‘‘subsections (a), (b), and (c)’’. Former subsec. (c) re- designated (b). Subsecs. (d), (e). Pub. L. 101–508, § 11601(b)(1)(A), redes- ignated subsecs. (d) and (e) as (c) and (d), respectively. Former subsec. (d) redesignated (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–34 applicable with respect to estates of decedents dying after Aug. 5, 1997, see sec- tion 1302(c) of Pub. L. 105–34, set out as a note under section 2207A of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–508 applicable in the case of property transferred after Dec. 17, 1987, see section 11601(c) of Pub. L. 101–508, set out as a note under sec- tion 2036 of this title. EFFECTIVE DATE Section effective as if included in provisions of Rev- enue Act of 1987, Pub. L. 100–203, title X, except that if an amount is included in the gross estate of a decedent under section 2036 of this title other than so

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