Title 26 — Internal Revenue Code
Chapter 11 — Estate Tax
§ 2104. Property within the United States
Statutory text
Stock in corporation
For purposes of this subchapter shares of stock owned and held by a nonresident not a citizen of the United States shall be deemed property within the United States only if issued by a domestic corporation.
Revocable transfers and transfers within 3 years of death
For purposes of this subchapter, any property of which the decedent has made a transfer, by trust or otherwise, within the meaning of sections 2035 to 2038, inclusive, shall be deemed to be situated in the United States, if so situated either at the time of the transfer or at the time of the decedent’s death.
Debt obligations
For purposes of this subchapter, debt obligations of—
a United States person, or
the United States, a State or any political subdivision thereof, or the District of Columbia,
owned and held by a nonresident not a citizen of the United States shall be deemed property within the United States. Deposits with a domestic branch of a foreign corporation, if such branch is engaged in the commercial banking business, shall, for purposes of this subchapter, be deemed property within the United States. This subsection shall not apply to a debt obligation to which section 2105(b) applies.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Aug. 16, 1954, ch. 736, 68A Stat. 397 · 68A Stat. 397
Enacted · 26 U.S.C. § 2104
Aug. 16, 1954, ch. 736, 68A Stat. 397
Source evidence
Code source credit
Aug. 16, 1954, ch. 736, 68A Stat. 397Foreign Investors Tax Act of 1966
Pub. L. 89–809 title I § 108(c) · 80 Stat. 1539
Added · 26 U.S.C. § 2104(c)
Pub. L. 89–809 added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 89–809 added subsec. (c).Enacted provision · exact public law section
(c) Property Within the United States.— Section 2104 (relating to property within the United States) is amended by adding at the end thereof the following new subsection: “(c) Debt Obligations.— For purposes of this subchapter, debt obligations of— “(1) a United States person, or “(2) the United States, a State or any political subdivision thereof, or the District of Columbia, owned and held by a nonresident not a citizen of the United States shall be deemed property within the United States. With respect to estates of decedents dying after December 31, 1972, deposits with a domestic branch of a foreign corporation, if such branch is engaged in the commercial banking business, shall, for purposes of this subchapter, be deemed property within the United States. This subsection shall not apply to a debt obligation to which section 2105(b) applies or to a debt obligation of a domestic corporation if any interest on such obligation, were such interest received by the decedent at the time of Ante, p. 1542. his death, would be treated by reason of section 861(a)(1)(B) as income from sources without the United States.”Tax Reform Act of 1969
Pub. L. 91–172 title IV § 435(b) · 83 Stat. 487
Substituted · 26 U.S.C. § 2104(c)
Pub. L. 91–172 substituted “December 31, 1969” for “December 31, 1972” in provisions deeming deposit with a domestic branch of a foreign corporation if such branch is engaged in the commercial banking business to be property within the United States
Source evidence
Code amendment note
Subsec. (c). Pub. L. 91–172 substituted “December 31, 1969” for “December 31, 1972” in provisions deeming deposit with a domestic branch of a foreign corporation if such branch is engaged in the commercial banking business to be property within the United States.Enacted provision · exact public law section
(b) Property Within the United States.— The second sentence of section 2104(c) (relating to debt obligations) is amended by striking 80 Stat. 1572. out “December 31, 1972” and inserting in lieu thereof “December 31, 1969”.Interest Equalization Tax Extension Act of 1973
Pub. L. 93–17 § 3(a)(1) · 87 Stat. 12
Changed · 26 U.S.C. § 2104(c)
Pub. L. 93–17 made subsec. (c) inapplicable to debt obligations where interest on such obligations is treated as income from sources without the United States by reason of section 861(a)(1)(G) of this title
Source evidence
Code amendment note
Subsec. (c). Pub. L. 93–17 made subsec. (c) inapplicable to debt obligations where interest on such obligations is treated as income from sources without the United States by reason of section 861(a)(1)(G) of this title.Enacted provision · exact public law section
(1) Estate tax not to apply.— The last sentence of section 2104(c)(relating to treatment of certain debt obligations for estate tax purposes) is amended by inserting “or section 861(a) 85 Stat. 15. 80 Stat. 1542. (1)(G) ” after “by reason of section 861 (a)(1)(B)”.Pub. L. 93–625 § 9(b) · 88 Stat. 2108
Inserted · 26 U.S.C. § 2104(c)
Pub. L. 93–625 inserted reference to section 861(a)(1)(H) of this title in last sentence
Source evidence
Code amendment note
Subsec. (c). Pub. L. 93–625 inserted reference to section 861(a)(1)(H) of this title in last sentence.Enacted provision · exact public law section
26 USC 861 note.(b) Conforming Amendment.— The last sentence of section 2104(c) (relating to debt obligations treated as property within the United States) is amended by striking out “or section 861(a)(1)(G)” and inserting in lieu thereof a comma and “section 861(a) (1) (G), or section 861(a)(1)(H)”.Pub. L. 94–455 title XX § 2001(c)(1)(L) · 90 Stat. 1520
Substituted · 26 U.S.C. § 2104(b)
Pub. L. 94–455 substituted “and transfers within 3 years of death” for “and transfers in contemplation of death” after “Revocable transfers”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 94–455 substituted “and transfers within 3 years of death” for “and transfers in contemplation of death” after “Revocable transfers”.Enacted provision · exact public law section
(L) Property within the united states.— Subsection (b) of section 2104 (relating to revocable transfers 26 USC 2104. and transfers in contemplation of death) is amended by striking out “and Transfers in Contemplation of Death” in the subsection heading and inserting in lieu thereof “and Transfers Within 3 Years or Death”.Technical and Miscellaneous Revenue Act of 1988
Pub. L. 100–647 title I § 1012(q)(11) · 102 Stat. 3342
Substituted · 26 U.S.C. § 2104(c)
Pub. L. 100–647 substituted “subparagraph (A), (C), or (D) of section 861(a)(1)” for “section 861(a)(1)(B), section 861(a)(1)(G), or section 861(a)(1)(H)”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 100–647 substituted “subparagraph (A), (C), or (D) of section 861(a)(1)” for “section 861(a)(1)(B), section 861(a)(1)(G), or section 861(a)(1)(H)”.Enacted provision · exact public law section
(11) Subsection (c) of section 2104 of the 1986 Code is amended by striking out “section 861(a)(1)(B), section 861(a)(1)(G), or section 861(a)(1)(H)” and inserting in lieu thereof “subparagraph (A), (C), or (D) of section 861(a)(1)”.Small Business Job Protection Act of 1996
Pub. L. 104–188 title I § 1704(t)(38) · 110 Stat. 1755
Substituted · 26 U.S.C. § 2104(c)
Pub. L. 104–188 substituted “section 861(a)(1)(A)” for “subparagraph (A), (C), or (D) of section 861(a)(1)” in concluding provisions
Source evidence
Code amendment note
Subsec. (c). Pub. L. 104–188 substituted “section 861(a)(1)(A)” for “subparagraph (A), (C), or (D) of section 861(a)(1)” in concluding provisions.Enacted provision · exact public law section
(38) Subsection (c) of section 2104 is amended by striking “subparagraph (A), (C), or (D) of section 861(a)(1)” and inserting “section 861(a)(1)(A)”.Pub. L. 111–226 title II § 217(c)(3) · 124 Stat. 2389
Struck · 26 U.S.C. § 2104(c)
Pub. L. 111–226, in concluding provisions, struck out before period at end “or to a debt obligation of a domestic corporation if any interest on such obligation, were such interest received by the decedent at the time of his death, would be treated by reason of section 861(a)(1)(A) as income from sources without the United States”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 111–226, in concluding provisions, struck out before period at end “or to a debt obligation of a domestic corporation if any interest on such obligation, were such interest received by the decedent at the time of his death, would be treated by reason of section 861(a)(1)(A) as income from sources without the United States”.Enacted provision · exact public law section
(3) Subsection (c) of section 2104 of such Code 26 USC 2104. is amended in the last sentence by striking “or to a debt obligation of a domestic corporation” and all that follows and inserting a period.Tax Technical Corrections Act of 2014
Pub. L. 113–295 div. A title II § 221(a)(98) · 128 Stat. 4010
Substituted · 26 U.S.C. § 2104(c)
Pub. L. 113–295 substituted “Deposits” for “With respect to estates of decedents dying after December 31, 1969, deposits” in concluding provisions
Source evidence
Code amendment note
Subsec. (c). Pub. L. 113–295 substituted “Deposits” for “With respect to estates of decedents dying after December 31, 1969, deposits” in concluding provisions.Enacted provision · exact public law section
(98) Property within the united states.— Subsection (c) of section 2104 is amended by striking “With respect to estates of decedents dying after December 31, 1969, deposits” and inserting “Deposits”.Effective date note
Amendment by Pub. L. 113–295 effective Dec. 19, 2014, subject to a savings provision, see section 221(b) of Pub. L. 113–295, set out as a note under section 1 of this title.
9 of 10 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1966–2014 · 9 rounds
2014
Subsec. (c). Pub. L. 113–295 substituted “Deposits” for “With respect to estates of decedents dying after , deposits” in concluding provisions.
2010
Subsec. (c). Pub. L. 111–226, in concluding provisions, struck out before period at end “or to a debt obligation of a domestic corporation if any interest on such obligation, were such interest received by the decedent at the time of his death, would be treated by reason of section 861(a)(1)(A) as income from sources without the United States”.
1996
Subsec. (c). Pub. L. 104–188 substituted “section 861(a)(1)(A)” for “subparagraph (A), (C), or (D) of section 861(a)(1)” in concluding provisions.
1988
Subsec. (c). Pub. L. 100–647 substituted “subparagraph (A), (C), or (D) of section 861(a)(1)” for “section 861(a)(1)(B), section 861(a)(1)(G), or section 861(a)(1)(H)”.
1976
Subsec. (b). Pub. L. 94–455 substituted “and transfers within 3 years of death” for “and transfers in contemplation of death” after “Revocable transfers”.
1975
Subsec. (c). Pub. L. 93–625 inserted reference to section 861(a)(1)(H) of this title in last sentence.
1973
Subsec. (c). Pub. L. 93–17 made subsec. (c) inapplicable to debt obligations where interest on such obligations is treated as income from sources without the United States by reason of section 861(a)(1)(G) of this title.
1969
Subsec. (c). Pub. L. 91–172 substituted “” for “” in provisions deeming deposit with a domestic branch of a foreign corporation if such branch is engaged in the commercial banking business to be property within the United States.
1966
Subsec. (c). Pub. L. 89–809 added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2014 Amendment
Amendment by Pub. L. 113–295 effective , subject to a savings provision, see section 221(b) of Pub. L. 113–295, set out as a note under section 1 of this title.
Effective Date of 2010 Amendment
Amendment by Pub. L. 111–226 applicable to taxable years beginning after , with certain exceptions, see section 217(d) of Pub. L. 111–226, set out as a note under section 861 of this title.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under section 1 of this title.
Effective Date of 1976 Amendment
Amendment by Pub. L. 94–455 not applicable to transfers made before , see section 2001(d)(1) of Pub. L. 94–455, set out as a note under section 2001 of this title.
Effective Date of 1975 Amendment
Amendment by Pub. L. 93–625 applicable with respect to estates of decedents dying after , see section 9(c) of Pub. L. 93–625, set out as a note under section 861 of this title.
Effective Date of 1973 Amendment
Pub. L. 93–17, § 3(a)(2), , 87 Stat. 12, provided that: “The amendment made by paragraph (1) [amending this section] shall apply with respect to estates of decedents dying after , except that in the case of the assumption of a debt obligation of a foreign corporation which is treated as issued under section 4912(c)(2) after , and before , the amendment made by paragraph (1) [amending this section] shall apply with respect to estates of decedents dying after .”
Effective Date of 1966 Amendment
Amendment by Pub. L. 89–809 applicable with respect to estates of decedents dying after , see section 108(i) of Pub. L. 89–809, set out as a note under section 2101 of this title.
Short Title of 1973 Amendment
Pub. L. 93–17, § 1(a), , 87 Stat. 12, provided that: “This Act [enacting sections 4922 and 6689 of this title, amending this section and sections 4911, 4912, 4914, 4915, 4916, 4918, 4919, 4920, and 6611 of this title, and enacting provisions set out as notes under this section] may be cited as the ‘Interest Equalization Tax Extension Act of 1973’.”
Credits
1954–2014 · 10 acts
- 1954Aug. 16, 1954, ch. 736, 68A Stat. 397
- 1966Pub. L. 89–809, title I, § 108(c), , 80 Stat. 1572
- 1969Pub. L. 91–172, title IV, § 435(b), , 83 Stat. 625
- 1973Pub. L. 93–17, § 3(a)(1), , 87 Stat. 12
- 1975Pub. L. 93–625, § 9(b), , 88 Stat. 2116
- 1976Pub. L. 94–455, title XX, § 2001(c)(1)(L), , 90 Stat. 1853
- 1988Pub. L. 100–647, title I, § 1012(q)(11), , 102 Stat. 3525
- 1996Pub. L. 104–188, title I, § 1704(t)(38), , 110 Stat. 1889
- 2010Pub. L. 111–226, title II, § 217(c)(3), , 124 Stat. 2402
- 2014Pub. L. 113–295, div. A, title II, § 221(a)(98), , 128 Stat. 4051.
Show as published
(Aug. 16, 1954, ch. 736, 68A Stat. 397; Pub. L. 89–809, title I, § 108(c), , 80 Stat. 1572; Pub. L. 91–172, title IV, § 435(b), , 83 Stat. 625; Pub. L. 93–17, § 3(a)(1), , 87 Stat. 12; Pub. L. 93–625, § 9(b), , 88 Stat. 2116; Pub. L. 94–455, title XX, § 2001(c)(1)(L), , 90 Stat. 1853; Pub. L. 100–647, title I, § 1012(q)(11), , 102 Stat. 3525; Pub. L. 104–188, title I, § 1704(t)(38), , 110 Stat. 1889; Pub. L. 111–226, title II, § 217(c)(3), , 124 Stat. 2402; Pub. L. 113–295, div. A, title II, § 221(a)(98), , 128 Stat. 4051.)