§7654 — Coordination of United States and certain possession individual income taxes
20 cases·3 followed·1 distinguished·4 overruled·12 cited—15% support
Statute Text — 26 U.S.C. §7654
The net collection of taxes imposed by chapter 1 for each taxable year with respect to an individual to whom section 931 or 932(c) applies shall be covered into the Treasury of the specified possession of which such individual is a bona fide resident.
For purposes of this section—
In determining net collections for a taxable year, an appropriate adjustment shall be made for credits allowed against the tax liability and refunds made of income taxes for the taxable year.
The term “specified possession” means Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands.
The transfers of funds between the United States and any specified possession required by this section shall be made not less frequently than annually.
In addition to the amount determined under subsection (a), the United States shall pay to each specified possession at such times and in such manner as determined by the Secretary—
the amount of the taxes deducted and withheld by the United States under chapter 24 with respect to compensation paid to members of the Armed Forces who are stationed in such possession but who have no income tax liability to such possession with respect to such compensation by reason of the Servicemembers Civil Relief Act (
50 U.S.C. 3901
et seq.), and
the amount of the taxes deducted and withheld under chapter 24 with respect to amounts paid for services performed as an employee of the United States (or any agency thereof) in a specified possession with respect to an individual unless section 931 or 932(c) applies.
The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section and sections 931 and 932, including regulations prohibiting the rebate of taxes covered over which are allocable to United States source income and prescribing the information which the individuals to whom such sections may apply shall furnish to the Secretary.
Treasury Regulations
- Treas. Reg. §Treas. Reg. §301.7654-1 Coordination of U.S. and Guam individual income taxes
- Treas. Reg. §Treas. Reg. §301.7654-1(a) Application of section—(1) Scope.
- Treas. Reg. §Treas. Reg. §301.7654-1(b) Allocation of tax.
- Treas. Reg. §Treas. Reg. §301.7654-1(c) Definitions and special rules.
- Treas. Reg. §Treas. Reg. §301.7654-1(d) Information return.
- Treas. Reg. §Treas. Reg. §301.7654-1(e) Military personnel in Guam.
- Treas. Reg. §Treas. Reg. §301.7654-1(f) Transfers of funds.
- Treas. Reg. §Treas. Reg. §301.7654-1(i) §301.7654-1(i)
20 Citing Cases
Turco certainly didn't mean to overrule Gen.
Turco certainly didn't mean to overrule Gen.
Turco certainly didn't mean to overrule Gen.
Turco certainly didn't mean to overrule Gen.
The second category ofpayments consists ofamounts that were "covered into" the Treasury ofthe Virgin Islands pursuant to section 7654(a).
The second category ofpayments consists ofamounts that were "covered into" the Treasury ofthe Virgin Islands pursuant to section 7654(a).
The second category ofpayments consists ofamounts that were "covered into" the Treasury ofthe Virgin Islands pursuant to section 7654(a).
— In the case of an individual to whom this subsection applies in a taxable year for purposes of so much of this title (other than this section and section 7654) as relates to the taxes imposed by this chapter, the Virgin Islands shall be treated as including the United States.
Through the cover-over request, the VIBIR requests that taxes paid to the United States be remitted to the USVI. The request will typically include some or all of the taxpayer’s USVI return. The IRS received cover-over requests from the VIBIR relating to Mr. Tanner’s 2003 and 2004 returns on April 11, 2005, and September 4, 2006, res
(3) Extent ofincome tax liability.--In the case ofan individual to whom this subsection applies in a taxable year for purposes ofso much ofthis title (other than this section and section 7654) as relates to the taxes imposed by this chapter, the United States shall be treated as including the Virgin Islands.
against their U.S. tax liabilities for that year, under I.R.C. sec. 901, payments made with their Virgin Islands returns and estimated payments they made to the U.S. Treasury for 2001 that were later "covered into" the Virgin Islands Treasury under I.R.C. sec. 7654. Ideld: Ps are not allowed to credit against their U.S. income tax liabilities under I.R.C. sec. 901 the amounts paid as tax to the Virgin Islands for their 2001 taxable years. First, Ps failed to establish that ¹Cases ofthe followin
case ofan individual- (A) who is a bona fide resident ofthe Virgin Islands at the close ofthe taxable year, (B) who, on his return ofincome tax to the Virgin Islands, reports income from all sources and identifies the source ofeach item shown on such return, and (C) who fully pays his tax liability referred to in section 934(a) to the Virgin Islands with respect to such mcome, for purposes ofcalculating income tax liability to the United States, gross income shall not include any amount included
case ofan individual- (A) who is a bona fide resident ofthe Virgin Islands at the close ofthe taxable year, (B) who, on his return ofincome tax to the Virgin Islands, reports income from all sources and identifies the source ofeach item shown on such return, and (C) who fully pays his tax liability referred to in section 934(a) to the Virgin Islands with respect to such mcome, for purposes ofcalculating income tax liability to the United States, gross income shall not include any amount included
— In the case of an individual to whom this subsection applies in a taxable year for purposes of so much of this title (other than this section and section 7654) as relates to the taxes imposed by this chapter, the United States shall be treated as including the Virgin Islands.
Filing Requirement.--Each individual to whom this subsection applies for the taxable year shall file an income tax return for the taxable year with the Virgin Islands DU (3) Extent ofIncome Tax Liability.--In the case ofan individual to whom this subsection applies in a taxable year for purposes ofso much ofthis title (other than this section and section 7654) as relates to the taxes imposed by this chapter, the Virgin Islands shall be treated as including the United States.
porations or foreign partnerships), 6686 (failure to file returns or supply information by domestic international sales corporation or foreign sales corporation), 6688 (assessable penalties with respect to information required to be furnished under sec. 7654), 6690 (fraudulent statement or failure to furnish statement to plan participant), 6692 (failure to file actuarial report), 6707 (failure to furnish information regarding reportable transactions), 6708 (failure to maintain lists of advisees
tit. XII, relates to the treatment of corporations organized in Guam, American Samoa, and the CNMI. TRA 1986 secs. 1274 and 1275, in pt. II of subtit. G, relate specifically to the Virgin Islands. TRA 1986 sec. 1276, in pt. III of subtit. G, amends I.R.C. sec. 7654. Pub. L. 99-514, 100 Stat. 2599-2600. That section relates to the “cover over” of income tax into the Treasury of a “specified possession” (which for purposes of sec. 7654 is defined to mean “Guam, American Samoa, the Northern Marian
tit. XII, relates to the treatment of corporations organized in Guam, American Samoa, and the CNMI. TRA 1986 secs. 1274 and 1275, in pt. II of subtit. G, relate specifically to the Virgin Islands. TRA 1986 sec. 1276, in pt. III of subtit. G, amends I.R.C. sec. 7654. Pub. L. 99-514, 100 Stat. 2599-2600. That section relates to the “cover over” of income tax into the Treasury of a “specified possession” (which for purposes of sec. 7654 is defined to mean “Guam, American Samoa, the Northern Marian