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26 U.S.C. § 874 — Allowance of deductions and credits

submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 196 words · no verdicts yet

in plain englishAI-generated · not legal advice

A nonresident alien generally must file an accurate return to receive deductions and credits, with special rules for withholding, exemptions, and foreign-tax credits.

(a) A nonresident alien receives subtitle deductions and credits only by filing, or causing someone to file, a true and accurate return in the manner required by subtitle F, including information the Secretary needs to calculate them. This does not deny sections 31 and 33 credits for tax withheld at the source or section 34 credit for certain gasoline and special-fuel uses. (b) At the Secretary's discretion and under regulations, an entitled nonresident alien may claim the section 151 exemption deduction by filing a claim with the withholding agent. (c) Except as section 906 provides, a nonresident alien may not claim the section 901 credits for foreign-country and United States-possession taxes.
the actual law source: uscode.house.gov ↗public domain
(a) Return prerequisite to allowance

A nonresident alien individual shall receive the benefit of the deductions and credits allowed to him in this subtitle only by filing or causing to be filed with the Secretary a true and accurate return, in the manner prescribed in subtitle F (sec. 6001 and following, relating to procedure and administration), including therein all the information which the Secretary may deem necessary for the calculation of such deductions and credits. This subsection shall not be construed to deny the credits provided by sections 31 and 33 for tax withheld at source or the credit provided by section 34 for certain uses of gasoline and special fuels.

(b) Tax withheld at source

The benefit of the deduction for exemptions under section 151 may, in the discretion of the Secretary, and under regulations prescribed by the Secretary, be received by a non-resident alien individual entitled thereto, by filing a claim therefor with the withholding agent.

(c) Foreign tax credit

Except as provided in section 906, a nonresident alien individual shall not be allowed the credits against the tax for taxes of foreign countries and possessions of the United States allowed by section 901.

Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 281; Pub. L. 89–44, title VIII, § 809(d)(3), June 21, 1965, 79 Stat. 167; Pub. L. 89–809, title I, §§ 103(d), 106(a)(3), Nov. 13, 1966, 80 Stat. 1551, 1569; Pub. L. 91–258, title II, § 207(d)(1), May 21, 1970, 84 Stat. 248; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 97–424, title V, § 515(b)(6)(E), Jan. 6, 1983, 96 Stat. 2182; Pub. L. 98–369, div. A, title IV, § 474(r)(19), July 18, 1984, 98 Stat. 843.)

history & why it existsrecord from the source credit
  • 1954Enacted · Act of Aug. 16, 1954, ch. 736
  • 1965Amended · Pub. L. 89-44 · 79 Stat. 167
  • 1966Amended · Pub. L. 89-809 · 80 Stat. 1551, 1569
  • 1970Amended · Pub. L. 91-258 · 84 Stat. 248
  • 1976Amended · Pub. L. 94-455 · 90 Stat. 1834
  • 1983Amended · Pub. L. 97-424 · 96 Stat. 2182
  • 1984Amended · Pub. L. 98-369 · 98 Stat. 843

A history note hasn’t been published yet. The record shows enactment by ch. 736 on 1954-08-16.

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