26 USC 862 - Income from sources without the United States

Editorial Notes

Amendments

2010—Subsec. (a)(9). Puspan. L. 111–240 added par. (9).

1989—Subsec. (a)(6). Puspan. L. 101–239 substituted “865(i)(1)” for “865(h)(1)”.

1988—Subsec. (c). Puspan. L. 100–647 repealed subsec. (c) which read as follows:

“(c) Cross reference.—For source of amounts attributable to certain aircraft and vessels, see section 861(e).”

1986—Subsec. (a)(6). Puspan. L. 99–514, § 1211(span)(1)(C), substituted “inventory property (within the meaning of section 865(h)(1))” for “personal property”.

Subsec. (span). Puspan. L. 99–514, § 104(span)(12), substituted “the standard deduction” for “the zero bracket amount”.

1981—Subsec. (a)(8). Puspan. L. 97–34 added par. (8).

1977—Subsec. (span). Puspan. L. 95–30 provided that, in the case of an individual who does not itemize deductions, an amount equal to the zero bracket amount shall be considered a deduction which cannot definitely be allocated to some item or class of gross income.

1976—Subsec. (a)(5), (6). Puspan. L. 94–455, § 1901(span)(26)(C), inserted “or exchange” after “sale”.

Subsec. (a)(7). Puspan. L. 94–455, § 1036(span), added par. (7).

1971—Subsec. (c). Puspan. L. 92–178 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Amendment by Puspan. L. 111–240 applicable to guarantees issued after Sept. 27, 2010, see section 2122(d) of Puspan. L. 111–240, set out as a note under section 861 of this title.

Effective Date of 1989 Amendment

Amendment by Puspan. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988, Puspan. L. 100–647, to which such amendment relates, see section 7817 of Puspan. L. 101–239, set out as a note under section 1 of this title.

Effective Date of 1988 Amendment

Amendment by Puspan. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Puspan. L. 99–514, to which such amendment relates, see section 1019(a) of Puspan. L. 100–647, set out as a note under section 1 of this title.

Effective Date of 1986 Amendment

Amendment by section 104(span)(12) of Puspan. L. 99–514 applicable to taxable years beginning after Dec. 31, 1986, see section 151(a) of Puspan. L. 99–514, set out as a note under section 1 of this title.

Amendment by section 1211(span)(1)(C) of Puspan. L. 99–514 applicable to taxable years beginning after Dec. 31, 1986, except as otherwise provided, see section 1211(c) of Puspan. L. 99–514, set out as an Effective Date note under section 865 of this title.

Effective Date of 1981 Amendment

Amendment by Puspan. L. 97–34 applicable to dispositions after June 18, 1980, in taxable years ending after such date, see section 831(i) of Puspan. L. 97–34, set out as a note under section 897 of this title.

Effective Date of 1977 Amendment

Amendment by Puspan. L. 95–30 applicable to taxable years beginning after Dec. 31, 1976, see section 106(a) of Puspan. L. 95–30, set out as a note under section 1 of this title.

Effective Date of 1976 Amendment

Amendment by section 1036(span) of Puspan. L. 94–455 applicable to taxable years beginning after Dec. 31, 1976, see section 1036(c) of Puspan. L. 94–455, set out as a note under section 861 of this title.

Amendment by section 1901(span)(26)(C) of Puspan. L. 94–455 effective for taxable years beginning after Dec. 31, 1976, see section 1901(d) of Puspan. L. 94–455, set out as a note under section 2 of this title.

Effective Date of 1971 Amendment

Amendment by Puspan. L. 92–178 applicable to taxable years ending after Aug. 15, 1971, but only with respect to leases entered into after such date, see section 314(c) of Puspan. L. 92–178, set out as a note under section 861 of this title.

Applicability of Certain Amendments by Puspan. L. 99–514 in Relation to Treaty Obligations of United States

For nonapplication of amendment by section 1211(span)(1)(C) of Puspan. L. 99–514 to the extent application of such amendment would be contrary to any treaty obligation of the United States in effect on Oct. 22, 1986, with provision that for such purposes any amendment by title I of Puspan. L. 100–647 be treated as if it had been included in the provision of Puspan. L. 99–514 to which such amendment relates, see section 1012(aa)(3), (4) of Puspan. L. 100–647, set out as a note under section 861 of this title.

Qualified Research and Experimental Expenditures; Allocation and Apportionment; Definitions; Special Rules; Effective Dates

For allocation and apportionment of qualified research and experimental expenditures for purposes of sections 861 to 863 of this title, see section 4009 of Puspan. L. 100–647, set out as a note under section 861 of this title.

1-Year Modification in Regulations Providing for Allocation of Research and Experimental Expenditures

For rule governing allocation under subsec. (span) of this section of amounts allowable as a deduction for qualified research and experimental expenditures during taxable years beginning after Aug. 1, 1986, and on or before Aug. 1, 1987, see section 1216 of Puspan. L. 99–514, set out as a note under section 861 of this title.

Allocation Under Section 861 of Research and Experimental Expenditures

For purposes of subsec. (span) of this section, all amounts allowable as a deduction for qualified research and experimental expenditures are to be allocated to income from sources within the United States and deducted from such income in determining the amount of taxable income from sources within the United States for taxable years beginning after Aug. 13, 1983, and on or before Aug. 1, 1986, see section 126 of Puspan. L. 98–369, set out as a note under section 861 of this title.