§874 — Allowance of deductions and credits
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Statute Text — 26 U.S.C. §874
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.
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.
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.
Treasury Regulations
- Treas. Reg. §Treas. Reg. §1.874-1 Allowance of deductions and credits to nonresident alien individuals
- Treas. Reg. §Treas. Reg. §1.874-1(a) Return required.
- Treas. Reg. §Treas. Reg. §1.874-1(b) Filing deadline for return—(1) General rule.
- Treas. Reg. §Treas. Reg. §1.874-1(c) Allowed deductions and credits—(1) In general.
- Treas. Reg. §Treas. Reg. §1.874-1(d) Return by Internal Revenue Service.
- Treas. Reg. §Treas. Reg. §1.874-1(e) Alien resident of Puerto Rico, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands.
- Treas. Reg. §Treas. Reg. §1.874-1(i) Whether the individual voluntarily identifies himself or herself to the Internal Revenue Service as having failed to file a U.
- Treas. Reg. §Treas. Reg. §1.874-1(v) Whether the individual failed to file a U.
14 Citing Cases
6654(a).] Unlike section 6651, the liability for the addition to tax under section 6654 does not depend on a lack of reasonable cause or the presence of willful neglect. Petitioner has the burden of establishing that the additions to tax should not apply. Rule 142(a). Petitioner essentially contends that since respondent erroneously applied section 874(a) to disallow the deductions, there is neither an "amount [of tax] required to be shown", sec.
Pursuant to section 874(a), the Commissioner did not allow the taxpayer to deduct any of his related expenses.13 This Court upheld the Commissioner’s determination, deciding that a nonresident alien may not avoid the sanctions of section 874(a) by filing returns after the Commissioner has prepared returns for the taxpayer
a dramatic difference in the tax treatment of rental income depending on whether the income is effectively connected with a trade or business. If the income is effectively connected with a trade or business, deductions are allowed (unless barred by sec. 874, as discussed infra) and the graduated tax rates in section 1 apply. If the income is not effectively connected with a trade or business, no deductions are allowed, and the gross rental income is taxed at a 30-percent rate. Because of the unc
the extent that any of such items constitutes gross income from sources within the United States), of any nonresident alien individual or of any foreign partnership shall (except as otherwise provided in regulations prescribed by the Secretary under section 874) deduct and withhold from such items a tax equal to 30 percent thereof * * * (b) Income items.--The items of income referred to in subsection (a) are interest (other than original issue discount as defined in section 1273), dividends, ren
the extent that any of such items constitutes gross income from sources within the United States), of any nonresident alien individual or of any foreign partnership shall (except as otherwise provided in regulations prescribed by the Secretary under section 874) deduct and withhold from such items a tax equal to 30 percent thereof * * * (b) Income items.--The items of income referred to in subsection (a) are interest (other than original issue discount as defined in section 1273), dividends, ren
the extent that any of such items constitutes gross income from sources within the United States), of any nonresident alien individual or of any foreign partnership shall (except as otherwise provided in regulations prescribed by the Secretary under section 874) deduct and withhold from such items a tax equal to 30 percent thereof * * * (b) Income items.--The items of income referred to in subsection (a) are interest (other than original issue discount as defined in section 1273), dividends, ren
the extent that any of such items constitutes gross income from sources within the United States), of any nonresident alien individual or of any foreign partnership shall (except as otherwise provided in regulations prescribed by the Secretary under section 874) deduct and withhold from such items a tax equal to 30 percent thereof * * * (b) Income items.--The items of income referred to in subsection (a) are interest (other than original issue discount as defined in section 1273), dividends, ren
The tax paid by the withholding agent on such income is generally the only tax paid on such income. The withholding agent, therefore, acts as the payor of the tax, files a return, and is liable for the tax. See S-K Liquidating Co. v. Commissioner, supra at 716 n.6. This relationship between withholding agent and foreign income recipient w