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119th Congress

Title 26 — Internal Revenue Code

Part II · Chapter 1 — Normal Taxes and Surtaxes

§ 877. Expatriation to avoid tax

Statutory text

(a)

Treatment of expatriates

(1)

In general

Every nonresident alien individual to whom this section applies and who, within the 10-year period immediately preceding the close of the taxable year, lost United States citizenship shall be taxable for such taxable year in the manner provided in subsection (b) if the tax imposed pursuant to such subsection (after any reduction in such tax under the last sentence of such subsection) exceeds the tax which, without regard to this section, is imposed pursuant to section 871.

(2)

Individuals subject to this section

This section shall apply to any individual if—

(A)

the average annual net income tax (as defined in section 38(c)(1)) of such individual for the period of 5 taxable years ending before the date of the loss of United States citizenship is greater than $124,000,

(B)

the net worth of the individual as of such date is $2,000,000 or more, or

(C)

such individual fails to certify under penalty of perjury that he has met the requirements of this title for the 5 preceding taxable years or fails to submit such evidence of such compliance as the Secretary may require.

In the case of the loss of United States citizenship in any calendar year after 2004, such $124,000 amount shall be increased by an amount equal to such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting “2003” for “1992” in subparagraph (B) thereof. Any increase under the preceding sentence shall be rounded to the nearest multiple of $1,000.

(b)

Alternative tax

A nonresident alien individual described in subsection (a) shall be taxable for the taxable year as provided in section 1 or 55, except that—

(1)

the gross income shall include only the gross income described in section 872(a) (as modified by subsection (d) of this section), and

(2)

the deductions shall be allowed if and to the extent that they are connected with the gross income included under this section, except that the capital loss carryover provided by section 1212(b) shall not be allowed; and the proper allocation and apportionment of the deductions for this purpose shall be determined as provided under regulations prescribed by the Secretary.

For purposes of paragraph (2), the deductions allowed by section 873(b) shall be allowed; and the deduction (for losses not connected with the trade or business if incurred in transactions entered into for profit) allowed by section 165(c)(2) shall be allowed, but only if the profit, if such transaction had resulted in a profit, would be included in gross income under this section. The tax imposed solely by reason of this section shall be reduced (but not below zero) by the amount of any income, war profits, and excess profits taxes (within the meaning of section 903) paid to any foreign country or possession of the United States on any income of the taxpayer on which tax is imposed solely by reason of this section.

(c)

Exceptions

(1)

In general

Subparagraphs (A) and (B) of subsection (a)(2) shall not apply to an individual described in paragraph (2) or (3).

(2)

Dual citizens

(A)

In general

An individual is described in this paragraph if—

(i)

the individual became at birth a citizen of the United States and a citizen of another country and continues to be a citizen of such other country, and

(ii)

the individual has had no substantial contacts with the United States.

(B)

Substantial contacts

An individual shall be treated as having no substantial contacts with the United States only if the individual—

(i)

was never a resident of the United States (as defined in section 7701(b)),

(ii)

has never held a United States passport, and

(iii)

was not present in the United States for more than 30 days during any calendar year which is 1 of the 10 calendar years preceding the individual’s loss of United States citizenship.

(3)

Certain minors

An individual is described in this paragraph if—

(A)

the individual became at birth a citizen of the United States,

(B)

neither parent of such individual was a citizen of the United States at the time of such birth,

(C)

the individual’s loss of United States citizenship occurs before such individual attains age 18½, and

(D)

the individual was not present in the United States for more than 30 days during any calendar year which is 1 of the 10 calendar years preceding the individual’s loss of United States citizenship.

(d)

Special rules for source, etc.

For purposes of subsection (b)—

(1)

Source rules

The following items of gross income shall be treated as income from sources within the United States:

(A)

Sale of property

Gains on the sale or exchange of property (other than stock or debt obligations) located in the United States.

(B)

Stock or debt obligations

Gains on the sale or exchange of stock issued by a domestic corporation or debt obligations of United States persons or of the United States, a State or political subdivision thereof, or the District of Columbia.

(C)

Income or gain derived from controlled foreign corporation

Any income or gain derived from stock in a foreign corporation but only—

(i)

if the individual losing United States citizenship owned (within the meaning of section 958(a)), or is considered as owning (by applying the ownership rules of section 958(b)), at any time during the 2-year period ending on the date of the loss of United States citizenship, more than 50 percent of—

(I)

the total combined voting power of all classes of stock entitled to vote of such corporation, or

(II)

the total value of the stock of such corporation, and

(ii)

to the extent such income or gain does not exceed the earnings and profits attributable to such stock which were earned or accumulated before the loss of citizenship and during periods that the ownership requirements of clause (i) are met.

(2)

Gain recognition on certain exchanges

(A)

In general

In the case of any exchange of property to which this paragraph applies, notwithstanding any other provision of this title, such property shall be treated as sold for its fair market value on the date of such exchange, and any gain shall be recognized for the taxable year which includes such date.

(B)

Exchanges to which paragraph applies

This paragraph shall apply to any exchange during the 10-year period beginning on the date the individual loses United States citizenship if—

(i)

gain would not (but for this paragraph) be recognized on such exchange in whole or in part for purposes of this subtitle,

(ii)

income derived from such property was from sources within the United States (or, if no income was so derived, would have been from such sources), and

(iii)

income derived from the property acquired in the exchange would be from sources outside the United States.

(C)

Exception

Subparagraph (A) shall not apply if the individual enters into an agreement with the Secretary which specifies that any income or gain derived from the property acquired in the exchange (or any other property which has a basis determined in whole or part by reference to such property) during such 10-year period shall be treated as from sources within the United States. If the property transferred in the exchange is disposed of by the person acquiring such property, such agreement shall terminate and any gain which was not recognized by reason of such agreement shall be recognized as of the date of such disposition.

(D)

Secretary may extend period

To the extent provided in regulations prescribed by the Secretary, subparagraph (B) shall be applied by substituting the 15-year period beginning 5 years before the loss of United States citizenship for the 10-year period referred to therein. In the case of any exchange occurring during such 5 years, any gain recognized under this subparagraph shall be recognized immediately after such loss of citizenship.

(E)

Secretary may require recognition of gain in certain cases

To the extent provided in regulations prescribed by the Secretary—

(i)

the removal of appreciated tangible personal property from the United States, and

(ii)

any other occurrence which (without recognition of gain) results in a change in the source of the income or gain from property from sources within the United States to sources outside the United States,

shall be treated as an exchange to which this paragraph applies.

(3)

Substantial diminishing of risks of ownership

For purposes of determining whether this section applies to any gain on the sale or exchange of any property, the running of the 10-year period described in subsection (a) and the period applicable under paragraph (2) shall be suspended for any period during which the individual’s risk of loss with respect to the property is substantially diminished by—

(A)

the holding of a put with respect to such property (or similar property),

(B)

the holding by another person of a right to acquire the property, or

(C)

a short sale or any other transaction.

(4)

Treatment of property contributed to controlled foreign corporations

(A)

In general

If—

(i)

an individual losing United States citizenship contributes property during the 10-year period beginning on the date the individual loses United States citizenship to any corporation which, at the time of the contribution, is described in subparagraph (B), and

(ii)

income derived from such property immediately before such contribution was from sources within the United States (or, if no income was so derived, would have been from such sources),

any income or gain on such property (or any other property which has a basis determined in whole or part by reference to such property) received or accrued by the corporation shall be treated as received or accrued directly by such individual and not by such corporation. The preceding sentence shall not apply to the extent the property has been treated under subparagraph (C) as having been sold by such corporation.

(B)

Corporation described

A corporation is described in this subparagraph with respect to an individual if, were such individual a United States citizen—

(i)

such corporation would be a controlled foreign corporation (as defined in section 957), and

(ii)

such individual would be a United States shareholder (as defined in section 951(b)) with respect to such corporation.

(C)

Disposition of stock in corporation

If stock in the corporation referred to in subparagraph (A) (or any other stock which has a basis determined in whole or part by reference to such stock) is disposed of during the 10-year period referred to in subsection (a) and while the property referred to in subparagraph (A) is held by such corporation, a pro rata share of such property (determined on the basis of the value of such stock) shall be treated as sold by the corporation immediately before such disposition.

(D)

Anti-abuse rules

The Secretary shall prescribe such regulations as may be necessary to prevent the avoidance of the purposes of this paragraph, including where—

(i)

the property is sold to the corporation, and

(ii)

the property taken into account under subparagraph (A) is sold by the corporation.

(E)

Information reporting

The Secretary shall require such information reporting as is necessary to carry out the purposes of this paragraph.

(e)

Comparable treatment of lawful permanent residents who cease to be taxed as residents

(1)

In general

Any long-term resident of the United States who ceases to be a lawful permanent resident of the United States (within the meaning of section 7701(b)(6)) shall be treated for purposes of this section and sections 2107, 2501, and 6039G in the same manner as if such resident were a citizen of the United States who lost United States citizenship on the date of such cessation or commencement.

(2)

Long-term resident

For purposes of this subsection, the term “long-term resident” means any individual (other than a citizen of the United States) who is a lawful permanent resident of the United States in at least 8 taxable years during the period of 15 taxable years ending with the taxable year during which the event described in paragraph (1) occurs. For purposes of the preceding sentence, an individual shall not be treated as a lawful permanent resident for any taxable year if such individual is treated as a resident of a foreign country for the taxable year under the provisions of a tax treaty between the United States and the foreign country and does not waive the benefits of such treaty applicable to residents of the foreign country.

(3)

Special rules

(A)

Exceptions not to apply

Subsection (c) shall not apply to an individual who is treated as provided in paragraph (1).

(B)

Step-up in basis

Solely for purposes of determining any tax imposed by reason of this subsection, property which was held by the long-term resident on the date the individual first became a resident of the United States shall be treated as having a basis on such date of not less than the fair market value of such property on such date. The preceding sentence shall not apply if the individual elects not to have such sentence apply. Such an election, once made, shall be irrevocable.

(4)

Authority to exempt individuals

This subsection shall not apply to an individual who is described in a category of individuals prescribed by regulation by the Secretary.

(5)

Regulations

The Secretary shall prescribe such regulations as may be appropriate to carry out this subsection, including regulations providing for the application of this subsection in cases where an alien individual becomes a resident of the United States during the 10-year period after being treated as provided in paragraph (1).

(f)

Burden of proof

If the Secretary establishes that it is reasonable to believe that an individual’s loss of United States citizenship would, but for this section, result in a substantial reduction for the taxable year in the taxes on his probable income for such year, the burden of proving for such taxable year that such loss of citizenship did not have for one of its principal purposes the avoidance of taxes under this subtitle or subtitle B shall be on such individual.

(g)

Physical presence

(1)

In general

This section shall not apply to any individual to whom this section would otherwise apply for any taxable year during the 10-year period referred to in subsection (a) in which such individual is physically present in the United States at any time on more than 30 days in the calendar year ending in such taxable year, and such individual shall be treated for purposes of this title as a citizen or resident of the United States, as the case may be, for such taxable year.

(2)

Exception

(A)

In general

In the case of an individual described in any of the following subparagraphs of this paragraph, a day of physical presence in the United States shall be disregarded if the individual is performing services in the United States on such day for an employer. The preceding sentence shall not apply if—

(i)

such employer is related (within the meaning of section 267 and 707) to such individual, or

(ii)

such employer fails to meet such requirements as the Secretary may prescribe by regulations to prevent the avoidance of the purposes of this paragraph.

Not more than 30 days during any calendar year may be disregarded under this subparagraph.

(B)

Individuals with ties to other countries

An individual is described in this subparagraph if—

(i)

the individual becomes (not later than the close of a reasonable period after loss of United States citizenship or termination of residency) a citizen or resident of the country in which—

(I)

such individual was born,

(II)

if such individual is married, such individual’s spouse was born, or

(III)

either of such individual’s parents were born, and

(ii)

the individual becomes fully liable for income tax in such country.

(C)

Minimal prior physical presence in the United States

An individual is described in this subparagraph if, for each year in the 10-year period ending on the date of loss of United States citizenship or termination of residency, the individual was physically present in the United States for 30 days or less. The rule of section 7701(b)(3)(D) shall apply for purposes of this subparagraph.

(h)

Termination

This section shall not apply to any individual whose expatriation date (as defined in section 877A(g)(3)) is on or after the date of the enactment of this subsection.

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.

  1. Foreign Investors Tax Act of 1966

    Pub. L. 89–809 title I § 103(f)(1) · 80 Stat. 1539

    Enacted · 26 U.S.C. § 877

    Added Pub. L. 89–809, title I, § 103(f)(1), Nov. 13, 1966, 80 Stat. 1551

    Source evidence

    Code source credit
    Added Pub. L. 89–809, title I, § 103(f)(1), Nov. 13, 1966, 80 Stat. 1551

    Enacted provision · exact public law section
    (1) Subpart A of part II of subchapter N of chapter 1 (relating to nonresident alien individuals) is amended by redesignating section 877 as section 878, and by inserting after section 876 the following new section: “SEC. 877. EXPATRIATION TO AVOID TAX. “(a) In General.— Every nonresident alien individual who at any time after March 8, 1965, and within the 10-year period immediately preceding the close of the taxable year lost United States citizenship, unless such loss did not have for one of its principal purposes the avoidance of taxes under this subtitle or subtitle B, shall be taxable 26 USC 1–2524 for such taxable year in the manner provided in subsection (b) if the tax imposed pursuant to such subsection exceeds the tax which, without regard to this section, is imposed pursuant to section 871. Ante, p 1547. “(b) Alternative Tax.— A nonresident alien individual described in subsection (a) shall be taxable for the taxable year as provided in section 1 or section 1201(b), except that— Ante, p. 1550 “(1) the gross income shall include only the gross income described in section 872(a)(as modified by subsection (c) of this section), and “(2) the deductions shall be allowed if and to the extent that they are connected with the gross income included under this section, except that the capital loss carryover provided by section 78 Stat. 99. 1212(b) shall not be allowed; and the proper allocation and apportionment of the deductions for this purpose shall be determined as provided under regulations prescribed by the Secretary or his delegate. Ante, p. 1550. For purposes of paragraph (2), the deductions allowed by section 873(b) shall be allowed; and the deduction (for losses not connected with the trade or business if incurred in transactions entered into for 68A Stat. 49. profit) allowed by section 165(c)(2) shall be allowed, but only if the profit, if such transaction had resulted in a profit, would be included in gross income under this section. “(c) Special Rules of Source.— For purposes of subsection (b), the following items of gross income shall be treated as income from sources within the United States: “(1) Sale of property.— Gains on the sale or exchange of property (other than stock or debt obligations) located in the United States. “(2) Stock or debt obligations.— Gains on the sale or exchange of stock issued by a domestic corporation or debt obligations of United States persons or of the United States, a State or political subdivision thereof, or the District of Columbia. “(d) Exception for Loss of Citizenship for Certain Causes.— Subsection (a) shall not apply to a nonresident alien individual whose loss of United States citizenship resulted from the application of section 301(b), 350, or 355 of the Immigration and Nationality Act, as amended 66 Stat. 236. (8U.S.C. 1401(b), 1482, or 1487). “(e) Burden of Proof.— If the Secretary or his delegate establishes that it is reasonable to believe that an individual’s loss of United States citizenship would, but for this section, result in a substantial reduction for the taxable year in the taxes on his probable income for such year, the burden of proving for such taxable year that such loss of citizenship did not have for one of its principal purposes the avoidance 26 USC 1–2524. of taxes under this subtitle or subtitle B shall be on such individual.”

  2. Employee Retirement Income Security Act of 1974

    Pub. L. 93–406 title II § 2005(c)(8) · 88 Stat. 829

    Inserted · 26 U.S.C. § 877(b)

    Pub. L. 93–406 inserted reference to section 402(e)(1)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 93–406 inserted reference to section 402(e)(1).

    Enacted provision · exact public law section
    (8) Sections 871(b)(1) and 877(b) are each amended by inserting 26 USC 871, 877. Ante, p. 987. “, 402(e)(1),” after “section 1”.

  3. Pub. L. 94–455 title XIX § 1906(b)(13)(A) · 90 Stat. 1520

    Struck · 26 U.S.C. § 877(b)(2); 26 U.S.C. § 877(b)(e)

    Pub. L. 94–455 struck out “or his delegate” after “Secretary”

    Source evidence

    Code amendment note
    Subsecs. (b)(2), (e). Pub. L. 94–455 struck out “or his delegate” after “Secretary”.

    Enacted provision · exact public law section
    (A) The Internal Revenue Code of 1954, as amended by this Act, is amended by striking out “Secretary or his delegate” each place it appears and inserting in lieu thereof “Secretary”.

  4. Pub. L. 95–600 title IV § 421(e)(5) · 92 Stat. 2763

    Substituted · 26 U.S.C. § 877(b)

    Pub. L. 95–600 substituted “section 1, section 55,” for “section 1”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 95–600 substituted “section 1, section 55,” for “section 1”.

    Enacted provision · exact public law section
    (5) 26 USC 877. Subsection (b) of section 877 (relating to expatriation to avoid tax) is amended by inserting “, section 55,” after “section 1”.

  5. Technical Corrections Act of 1979

    Pub. L. 96–222 title I § 104(a)(1) · 94 Stat. 194

    Substituted · 26 U.S.C. § 877(b)

    Pub. L. 96–222 substituted “55, or 402(e)(1)” for “section 55, 402(e)(1), or section 1201(b)”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 96–222 substituted “55, or 402(e)(1)” for “section 55, 402(e)(1), or section 1201(b)”.

    Enacted provision · exact public law section
    (1) Amendment related to section 401 of the act.— Subsection (b) of section 877 is amended by striking out “402(e)(1), or section 1201(b)” and inserting in lieu thereof “or 402(e)(1)”.

  6. Tax Reform Act of 1986

    Pub. L. 99–514 title XII § 1243(a) · 100 Stat. 2085

    Inserted · 26 U.S.C. § 877(c)

    Pub. L. 99–514 inserted at end “For purposes of this section, gain on the sale or exchange of property which has a basis determined in whole or in part by reference to property described in paragraph (1) or (2) shall be treated as gain described in paragraph (1) or (2).”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–514 inserted at end “For purposes of this section, gain on the sale or exchange of property which has a basis determined in whole or in part by reference to property described in paragraph (1) or (2) shall be treated as gain described in paragraph (1) or (2).”

    Enacted provision · exact public law section
    (a) General Rule.— Subsection (c) of section 877 (relating to expatriation to avoid tax) is amended by adding at the end thereof the following new sentence: “For purposes of this section, gain on the sale or exchange of property which has a basis determined in whole or in part by reference to property described in paragraph (1) or (2) shall be treated as gain described in paragraph (1) or (2).”

  7. Unemployment Compensation Amendments of 1992

    Pub. L. 102–318 title V § 521(b)(31) · 106 Stat. 290

    Substituted · 26 U.S.C. § 877(b)

    Pub. L. 102–318 substituted “402(d)(1)” for “402(e)(1)”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–318 substituted “402(d)(1)” for “402(e)(1)”.

    Enacted provision · exact public law section
    (31) Subsection (b) of section 877 (relating to alternative tax) is amended by striking “402(e)(1)” and inserting “402(d)(1)”.

  8. Small Business Job Protection Act of 1996

    Pub. L. 104–188 title I § 1401(b)(11) · 110 Stat. 1755

    Substituted · 26 U.S.C. § 877(b)

    Pub. L. 104–188 substituted “section 1 or 55” for “section 1, 55, or 402(d)(1)”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–188 substituted “section 1 or 55” for “section 1, 55, or 402(d)(1)”.

    Enacted provision · exact public law section
    (11) Subsection (b) of section 877 (relating to alternative tax) is amended by striking “section 1, 55, or 402(d)(1)” and inserting “section 1 or 55”.

  9. Pub. L. 104–191 § 511(a) · 110 Stat. 1936

    Amended · 26 U.S.C. § 877(a)

    Pub. L. 104–191, § 511(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows:

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–191, § 511(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows:

    “(a) In General.—Every nonresident alien individual who at any time after March 8, 1965, and within the 10-year period immediately preceding the close of the taxable year lost United States citizenship, unless such loss did not have for one of its principal purposes the avoidance of taxes under this subtitle or subtitle B, shall be taxable for such taxable year in the manner provided in subsection (b) if the tax imposed pursuant to such subsection exceeds the tax which, without regard to this section, is imposed pursuant to section 871.”

    Enacted provision · exact public law section
    (a) In General.— Subsection (a) of section 877 is amended to read as follows: “(a) Treatment of Expatriates.— “(1) In general.— Every nonresident alien individual who, within the 10-year period immediately preceding the close of the taxable year, lost United States citizenship, unless such loss did not have for one of its principal purposes the avoidance of taxes under this subtitle or subtitle B, shall be taxable for such taxable year in the manner provided in subsection (b) if the tax imposed pursuant to such subsection exceeds the tax which, without regard to this section, is imposed pursuant to section 871. “(2) Certain individuals treated as having tax avoidance purpose.— For purposes of paragraph (1), an individual shall be treated as having a principal purpose to avoid such taxes if— “(A) the average annual net income tax (as defined in section 38(c)(1)) of such individual for the period of 5 taxable years ending before the date of the loss of United States citizenship is greater than $100,000, or “(B) the net worth of the individual as of such date is $500,000 or more. In the case of the loss of United States citizenship in any calendar year after 1996, such $100,000 and $500,000 amounts shall be increased by an amount equal to such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting ‘1994’ for ‘1992’ in subparagraph (B) thereof. Any increase under the preceding sentence shall be rounded to the nearest multiple of $1,000.”.

  10. Pub. L. 104–191 § 511(d)(2) · 110 Stat. 1936

    Inserted · 26 U.S.C. § 877(a)(1)

    Pub. L. 104–191, § 511(d)(2), inserted “(after any reduction in such tax under the last sentence of such subsection)” after “such subsection”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 104–191, § 511(d)(2), inserted “(after any reduction in such tax under the last sentence of such subsection)” after “such subsection”.

    Enacted provision · exact public law section
    (2) Subsection (a) of section 877, as amended by subsection (a), is amended by inserting “(after any reduction in such tax under the last sentence of such subsection)” after “such subsection”.

  11. Pub. L. 104–191 § 511(d)(1) · 110 Stat. 1936

    Inserted · 26 U.S.C. § 877(b)

    Pub. L. 104–191, § 511(d)(1), inserted at end “The tax imposed solely by reason of this section shall be reduced (but not below zero) by the amount of any income, war profits, and excess profits taxes (within the meaning of section 903) paid to any foreign country or possession of the United States on any income of the taxpayer on which tax is imposed solely by reason of this section.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–191, § 511(d)(1), inserted at end “The tax imposed solely by reason of this section shall be reduced (but not below zero) by the amount of any income, war profits, and excess profits taxes (within the meaning of section 903) paid to any foreign country or possession of the United States on any income of the taxpayer on which tax is imposed solely by reason of this section.”

    Enacted provision · exact public law section
    (1) Subsection (b) of section 877 is amended by adding at the end the following new sentence: “The tax imposed solely by reason of this section shall be reduced (but not below zero) by the amount of any income, war profits, and excess profits taxes (within the meaning of section 903) paid to any foreign country or possession of the United States on any income of the taxpayer on which tax is imposed solely by reason of this section.”

  12. Pub. L. 104–191 § 511(b)(2) · 110 Stat. 1936

    Substituted · 26 U.S.C. § 877(b)(1)

    Pub. L. 104–191, § 511(b)(2), substituted “subsection (d)” for “subsection (c)”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 104–191, § 511(b)(2), substituted “subsection (d)” for “subsection (c)”.

    Enacted provision · exact public law section
    (2) Technical amendment.— Paragraph (1) of section 877(b) of such Code is amended by striking “subsection (c)” and inserting “subsection (d)”.

  13. Pub. L. 104–191 § 511(b)(1) · 110 Stat. 1936

    Redesignated · 26 U.S.C. § 877(c)

    Pub. L. 104–191, § 511(b)(1), added subsec. (c). Former subsec. (c) redesignated (d)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 104–191, § 511(b)(1), added subsec. (c). Former subsec. (c) redesignated (d).

    Enacted provision · exact public law section
    (1) In general.— Section 877 is amended by striking subsection (d), by redesignating subsection (c) as subsection (d), and by inserting after subsection (b) the following new subsection: “(c) Tax Avoidance Not Presumed in Certain Cases.— “(1) In general.— Subsection (a)(2) shall not apply to an individual if— “(A) such individual is described in a subparagraph of paragraph (2) of this subsection, and “(B) within the 1-year period beginning on the date of the loss of United States citizenship, such individual submits a ruling request for the Secretary’s determination as to whether such loss has for one of its principal purposes the avoidance of taxes under this subtitle or subtitle B. “(2) Individuals described.— “(A) Dual citizenship, etc.— An individual is described in this subparagraph if— “(i) the individual became at birth a citizen of the United States and a citizen of another country and continues to be a citizen of such other country, or “(ii) the individual becomes (not later than the close of a reasonable period after loss of United States citizenship) a citizen of the country in which— “(I) such individual was born, “(II) if such individual is married, such individual’s spouse was born, or “(III) either of such individual’s parents were born. “(B) Long-term foreign residents.—An individual is described in this subparagraph if, for each year in the 10-year period ending on the date of loss of United States citizenship, the individual was present in the United States for 30 days or less. The rule of section 7701(b)(3)(D)(ii) shall apply for purposes of this subparagraph. “(C) Renunciation upon reaching age of majority.— An individual is described in this subparagraph if the individual’s loss of United States citizenship occurs before such individual attains age I8V2. “(D) Individuals specified in regulations.—An individual is described in this subparagraph if the individual is described in a category of individuals prescribed by regulation by the Secretary.”.

  14. Pub. L. 104–191 § 511(c) · 110 Stat. 1936

    Amended · 26 U.S.C. § 877(d)

    Pub. L. 104–191, § 511(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows:

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–191, § 511(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows:

    “(d) Special Rules of Source.—For purposes of subsection (b), the following items of gross income shall be treated as income from sources within the United States: “(1) Sale of property.—Gains on the sale or exchange of property (other than stock or debt obligations) located in the United States. “(2) Stock or debt obligations.—Gains on the sale or exchange of stock issued by a domestic corporation or debt obligations of United States persons or of the United States, a State or political subdivision thereof, or the District of Columbia. For purposes of this section, gain on the sale or exchange of property which has a basis determined in whole or in part by reference to property described in paragraph (1) or (2) shall be treated as gain described in paragraph (1) or (2).”

    Enacted provision · exact public law section
    (c) Treatment of Property Disposed of in Nonrecognition Transactions; Treatment of Distributions From Certain Controlled Foreign Corporations.— Subsection (d) of section 877, as redesignated by subsection (b), is amended to read as follows: “(d) Special rules for source, etc.— For purposes of subsection (b)— “(1) Source rules.— The following items of gross income shall be treated as income from sources within the United States: “(A) Sale of property.—Gains on the sale or exchange of property (other than stock or debt obligations) located in the United States. “(B) Stock or debt obligations.—Gains on the sale or exchange of stock issued by a domestic corporation or debt obligations of United States persons or of the United States, a State or political subdivision thereof, or the District of Columbia. “(C) Income or gain derived from controlled foreign corporation.—Any income or gain derived from stock in a foreign corporation but only— “(i) if the individual losing United States citizenship owned (within the meaning of section 958(a)), or is considered as owning (by applying the ownership rules of section 958(b)), at any time during the 2- year period ending on the date of the loss of United States citizenship, more than 50 percent of— “(I) the total combined voting power of all classes of stock entitled to vote of such corporation, or “(II) the total value of the stock of such corporation, and “(ii) to the extent such income or gain does not exceed the earnings and profits attributable to such stock which were earned or accumulated before the loss of citizenship and during periods that the ownership requirements of clause (i) are met. “(2) Gain recognition on certain exchanges.— “(A) In general.— In the case of any exchange of property to which this paragraph applies, notwithstanding any other provision of this title, such property shall be treated as sold for its fair market value on the date of such exchange, and any gain shall be recognized for the taxable year which includes such date. “(B) Exchanges to which paragraph applies.— This paragraph shall apply to any exchange during the 10- year period described in subsection (a) if— “(i) gain would not (but for this paragraph) be recognized on such exchange in whole or in part for purposes of this subtitle, “(ii) income derived from such property was from sources within the United States (or, if no income was so derived, would have been from such sources), and “(iii) income derived from the property acquired in the exchange would be from sources outside the United States. “(C) Exception.— Subparagraph (A) shall not apply if the individual enters into an agreement with the Secretary which specifies that any income or gain derived from the property acquired in the exchange (or any other property which has a basis determined in whole or part by reference to such property) during such 10-year period shall be treated as from sources within the United States. If the property transferred in the exchange is disposed of by the person acquiring such property, such agreement shall terminate and any gain which was not recognized by reason of such agreement shall be recognized as of the date of such disposition. “(D) Secretary may extend period.— To the extent provided in regulations prescribed by the Secretary, subparagraph (B) shall be applied by substituting the 15-year period beginning 5 years before the loss of United States citizenship for the 10-year period referred to therein. “(E) secretary may require recognition of gain in Certain cases.— To the extent provided in regulations prescribed by the Secretary— “(i) the removal of appreciated tangible personal property from the United States, and “(ii) any other occurrence which (without recognition of gain) results in a change in the source of the income or gain from property from sources within the United States to sources outside the United States, shall be treated as an exchange to which this paragraph applies. “(3) Substantial diminishing of risks of ownership.— For purposes of determining whether this section applies to any gain on the sale or exchange of any property, the running of the 10-year period described in subsection (a) shall be suspended for any period during which the individual’s risk of loss with respect to the property is substantially diminished by— “(A) the holding of a put with respect to such property (or similar property), “(B) the holding by another person of a right to acquire the property, or “(C) a short sale or any other transaction. “(4) Treatment of property contributed to controlled foreign corporations.— “(A) In general.— If— “(i) an individual losing United States citizenship contributes property to any corporation which, at the time of the contribution, is described in subparagraph (B), and “(ii) income derived from such property was from sources within the United States (or, if no income was so derived, would have been from such sources), during the 10-year period referred to in subsection (a), any income or gain on such property (or any other property which has a basis determined in whole or part by reference to such property) received or accrued by the corporation shall be treated as received or accrued directly by such individual and not by such corporation. The preceding sentence shall not apply to the extent the property has been treated under subparagraph (C) as having been sold by such corporation. “(B) Corporation described.— A corporation is described in this subparagraph with respect to an individual if, were such individual a United States citizen— “(i) such corporation would be a controlled foreign corporation (as defined in 957), and “(ii) such individual would be a United States shareholder (as defined in section 951(b)) with respect to such corporation. “(C) Disposition of stock in corporation.— If stock in the corporation referred to in subparagraph (A) (or any other stock which has a basis determined in whole or part by reference to such stock) is disposed of during the 10-year period referred to in subsection (a) and while the property referred to in subparagraph (A) is held by such corporation, a pro rata share of such property (determined on the basis of the value of such stock) shall be treated as sold by the corporation immediately before such disposition. “(D) Anti-abuse rules.— The Secretary shall prescribe such regulations as may be necessary to prevent the avoidance of the purposes of this paragraph, including where— “(i) the property is sold to the corporation, and “(ii) the property taken into account under subparagraph (A) is sold by the corporation. “(E) Information reporting.— The Secretary shall require such information reporting as is necessary to carry out the purposes of this paragraph.”.

  15. Pub. L. 104–191 § 511(b)(1) · 110 Stat. 1936

    1. Redesignated · 26 U.S.C. § 877(d)

      Pub. L. 104–191, § 511(b)(1), redesignated subsec. (c) as (d)

    2. Struck · 26 U.S.C. § 877(d)

      Pub. L. 104–191, § 511(b)(1), struck out former subsec. (d) which read as follows:

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–191, § 511(b)(1), redesignated subsec. (c) as (d) and struck out former subsec. (d) which read as follows:

    “(d) Exception for Loss of Citizenship for Certain Causes.—Subsection (a) shall not apply to a nonresident alien individual whose loss of United States citizenship resulted from the application of section 301(b), 350, or 355 of the Immigration and Nationality Act, as amended (8 U.S.C. 1401(b), 1482, or 1487).”

    Enacted provision · exact public law section
    (1) In general.— Section 877 is amended by striking subsection (d), by redesignating subsection (c) as subsection (d), and by inserting after subsection (b) the following new subsection: “(c) Tax Avoidance Not Presumed in Certain Cases.— “(1) In general.— Subsection (a)(2) shall not apply to an individual if— “(A) such individual is described in a subparagraph of paragraph (2) of this subsection, and “(B) within the 1-year period beginning on the date of the loss of United States citizenship, such individual submits a ruling request for the Secretary’s determination as to whether such loss has for one of its principal purposes the avoidance of taxes under this subtitle or subtitle B. “(2) Individuals described.— “(A) Dual citizenship, etc.— An individual is described in this subparagraph if— “(i) the individual became at birth a citizen of the United States and a citizen of another country and continues to be a citizen of such other country, or “(ii) the individual becomes (not later than the close of a reasonable period after loss of United States citizenship) a citizen of the country in which— “(I) such individual was born, “(II) if such individual is married, such individual’s spouse was born, or “(III) either of such individual’s parents were born. “(B) Long-term foreign residents.—An individual is described in this subparagraph if, for each year in the 10-year period ending on the date of loss of United States citizenship, the individual was present in the United States for 30 days or less. The rule of section 7701(b)(3)(D)(ii) shall apply for purposes of this subparagraph. “(C) Renunciation upon reaching age of majority.— An individual is described in this subparagraph if the individual’s loss of United States citizenship occurs before such individual attains age I8V2. “(D) Individuals specified in regulations.—An individual is described in this subparagraph if the individual is described in a category of individuals prescribed by regulation by the Secretary.”.

  16. Pub. L. 104–191 § 511(f)(1) · 110 Stat. 1936

    1. Added · 26 U.S.C. § 877(e); 26 U.S.C. § 877(f)

      Pub. L. 104–191, § 511(f)(1), added subsec. (e)

    2. Redesignated · 26 U.S.C. § 877(e); 26 U.S.C. § 877(f)

      Pub. L. 104–191, § 511(f)(1), redesignated former subsec. (e) as (f)

    Source evidence

    Code amendment note
    Subsecs. (e), (f). Pub. L. 104–191, § 511(f)(1), added subsec. (e) and redesignated former subsec. (e) as (f).

    Enacted provision · exact public law section
    (1) In general.— Section 877 is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: “(e) Comparable Treatment of Lawful Permanent Residents Who Cease To Be Taxed as Residents.— “(1) In general.— Any long-term resident of the United States who— “(A) ceases to be a lawful permanent resident of the United States (within the meaning of section 7701(b)(6)), or “(B) commences to be treated as a resident of a foreign country under the provisions of a tax treaty between the United States and the foreign country and who does not waive the benefits of such treaty applicable to residents of the foreign country, shall be treated for purposes of this section and sections 2107, 2501, and 6039F in the same manner as if such resident were a citizen of the United States who lost United States citizenship on the date of such cessation or commencement. “(2) Long-term resident.— For purposes of this subsection, the term ‘long-term resident’ means any individual (other than a citizen of the United States) who is a lawful permanent resident of the United States in at least 8 taxable years during the period of 15 taxable years ending with the taxable year during which the event described in subparagraph (A) or (B) of paragraph (1) occurs. For purposes of the preceding sentence, an individual shall not be treated as a lawful permanent resident for any taxable year if such individual is treated as a resident of a foreign country for the taxable year under the provisions of a tax treaty between the United States and the foreign country and does not waive the benefits of such treaty applicable to residents of the foreign country. “(3) Special rules.— “(A) Exceptions not to apply.— Subsection (c) shall not apply to an individual who is treated as provided in paragraph (1). “(B) Step-up in basis.— Solely for purposes of determining any tax imposed by reason of this subsection, property which was held by the long-term resident on the date the individual first became a resident of the United States shall be treated as having a basis on such date of not less than the fair market value of such property on such date. The preceding sentence shall not apply if the individual elects not to have such sentence apply. Such an election, once made, shall be irrevocable. “(4) Authority to exempt individuals.— This subsection shall not apply to an individual who is described in a category of individuals prescribed by regulation by the Secretary. “(5) Regulations.— The Secretary shall prescribe such regulations as may be appropriate to carry out this subsection, including regulations providing for the application of this subsection in cases where an alien individual becomes a resident of the United States during the 10-year period after being treated as provided in paragraph (1).”.

  17. Pub. L. 105–34 § 1602(g)(1) · 111 Stat. 788

    Substituted · 26 U.S.C. § 877(d)(2)(B)

    Pub. L. 105–34, § 1602(g)(1), substituted “the 10-year period beginning on the date the individual loses United States citizenship” for “the 10-year period described in subsection (a)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d)(2)(B). Pub. L. 105–34, § 1602(g)(1), substituted “the 10-year period beginning on the date the individual loses United States citizenship” for “the 10-year period described in subsection (a)” in introductory provisions.

    Enacted provision · exact public law section
    (1) Subparagraph (B) of section 877(d)(2) is amended by striking “the 10-year period described in subsection (a)” and inserting “the 10-year period beginning on the date the individual loses United States citizenship”.

  18. Pub. L. 105–34 § 1602(g)(2) · 111 Stat. 788

    Inserted · 26 U.S.C. § 877(d)(2)(D)

    Pub. L. 105–34, § 1602(g)(2), inserted at end “In the case of any exchange occurring during such 5 years, any gain recognized under this subparagraph shall be recognized immediately after such loss of citizenship.”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(D). Pub. L. 105–34, § 1602(g)(2), inserted at end “In the case of any exchange occurring during such 5 years, any gain recognized under this subparagraph shall be recognized immediately after such loss of citizenship.”

    Enacted provision · exact public law section
    (2) Subparagraph (D) of section 877(d)(2) is amended by adding at the end the following new sentence: “In the case of any exchange occurring during such 5 years, any gain recognized under this subparagraph shall be recognized immediately after such loss of citizenship.”.

  19. Pub. L. 105–34 § 1602(g)(3) · 111 Stat. 788

    Inserted · 26 U.S.C. § 877(d)(3)

    Pub. L. 105–34, § 1602(g)(3), inserted “and the period applicable under paragraph (2)” after “subsection (a)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 105–34, § 1602(g)(3), inserted “and the period applicable under paragraph (2)” after “subsection (a)” in introductory provisions.

    Enacted provision · exact public law section
    (3) Paragraph (3) of section 877(d) is amended by inserting “and the period applicable under paragraph (2)” after “subsection (a)”.

  20. Pub. L. 105–34 § 1602(g)(4)(C) · 111 Stat. 788

    Struck · 26 U.S.C. § 877(d)(4)(A)

    Pub. L. 105–34, § 1602(g)(4)(C), struck out “during the 10-year period referred to in subsection (a),” before “any income or gain” in concluding provisions

    Source evidence

    Code amendment note
    Subsec. (d)(4)(A). Pub. L. 105–34, § 1602(g)(4)(C), struck out “during the 10-year period referred to in subsection (a),” before “any income or gain” in concluding provisions.

    Enacted provision · exact public law section
    (C) by striking “during the 10-year period referred to in subsection (a),”.

  21. Pub. L. 105–34 § 1602(g)(4)(A) · 111 Stat. 788

    Inserted · 26 U.S.C. § 877(d)(4)(A)(i)

    Pub. L. 105–34, § 1602(g)(4)(A), inserted “during the 10-year period beginning on the date the individual loses United States citizenship” after “contributes property”

    Source evidence

    Code amendment note
    Subsec. (d)(4)(A)(i). Pub. L. 105–34, § 1602(g)(4)(A), inserted “during the 10-year period beginning on the date the individual loses United States citizenship” after “contributes property”.

    Enacted provision · exact public law section
    (A) by inserting “during the 10-year period beginning on the date the individual loses United States citizenship” after “contributes property” in clause (i),

  22. Pub. L. 105–34 § 1602(g)(4)(B) · 111 Stat. 788

    Inserted · 26 U.S.C. § 877(d)(4)(A)(ii)

    Pub. L. 105–34, § 1602(g)(4)(B), inserted “immediately before such contribution” after “from such property”

    Source evidence

    Code amendment note
    Subsec. (d)(4)(A)(ii). Pub. L. 105–34, § 1602(g)(4)(B), inserted “immediately before such contribution” after “from such property”.

    Enacted provision · exact public law section
    (B) by inserting “immediately before such contribution” after “from such property”, and

  23. Pub. L. 105–34 § 1602(h)(3) · 111 Stat. 788

    Substituted · 26 U.S.C. § 877(e)(1)

    Pub. L. 105–34, § 1602(h)(3), substituted “6039G” for “6039F” in concluding provisions

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 105–34, § 1602(h)(3), substituted “6039G” for “6039F” in concluding provisions.

    Enacted provision · exact public law section
    (3) Paragraph (1) of section 877(e) is amended by striking “6039F” and inserting “6039G”.

  24. Pub. L. 108–357 § 804(a)(1) · 118 Stat. 1418

    Amended · 26 U.S.C. § 877(a)

    Pub. L. 108–357, § 804(a)(1), reenacted heading without change and amended text of subsec. (a) generally. Prior to amendment, subsec. (a) stated general rule on taxation of nonresident alien individuals who lost United States citizenship and provided that an individual would be treated as having a tax avoidance purpose if the average annual net income tax was greater than $100,000 or the net worth of the individual was $500,000 or more

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 108–357, § 804(a)(1), reenacted heading without change and amended text of subsec. (a) generally. Prior to amendment, subsec. (a) stated general rule on taxation of nonresident alien individuals who lost United States citizenship and provided that an individual would be treated as having a tax avoidance purpose if the average annual net income tax was greater than $100,000 or the net worth of the individual was $500,000 or more.

    Enacted provision · exact public law section
    (1) In general.— Subsection (a) of section 877 (relating to treatment of expatriates) is amended to read as follows: “(a) Treatment of Expatriates.— “(1) In general.— Every nonresident alien individual to whom this section applies and who, within the 10-year period immediately preceding the close of the taxable year, lost United States citizenship shall be taxable for such taxable year in the manner provided in subsection (b) if the tax imposed pursuant to such subsection (after any reduction in such tax under the last sentence of such subsection) exceeds the tax which, without regard to this section, is imposed pursuant to section 871. “(2) Individuals subject to this section.— This section shall apply to any individual if— “(A) the average annual net income tax (as defined in section 38(c)(1)) of such individual for the period of 5 taxable years ending before the date of the loss of United States citizenship is greater than $124,000, “(B) the net worth of the individual as of such date is $2,000,000 or more, or “(C) such individual fails to certify under penalty of perjury that he has met the requirements of this title for the 5 preceding taxable years or fails to submit such evidence of such compliance as the Secretary may require. In the case of the loss of United States citizenship in any calendar year after 2004, such $124,000 amount shall be increased by an amount equal to such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting ‘2003’ for ‘1992’ in subparagraph (B) thereof. Any increase under the preceding sentence shall be rounded to the nearest multiple of $1,000.” .

  25. Pub. L. 108–357 § 804(a)(2) · 118 Stat. 1418

    1. Amended · 26 U.S.C. § 877(c)

      Pub. L. 108–357, § 804(a)(2), amended heading and text of subsec. (c) generally

    2. Substituted · 26 U.S.C. § 877(c)

      Pub. L. 108–357, § 804(a)(2), substituting provisions setting forth exceptions for dual citizens and certain minors for provisions relating to inapplicability of presumption of tax avoidance to dual citizens, long-term foreign residents, minors who renounced citizenship upon reaching age of majority, and individuals specified in regulations

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 108–357, § 804(a)(2), amended heading and text of subsec. (c) generally, substituting provisions setting forth exceptions for dual citizens and certain minors for provisions relating to inapplicability of presumption of tax avoidance to dual citizens, long-term foreign residents, minors who renounced citizenship upon reaching age of majority, and individuals specified in regulations.

    Enacted provision · exact public law section
    (2) Revision of exceptions from alternative tax.— Subsection (c) of section 877 (relating to tax avoidance not presumed in certain cases) is amended to read as follows: “(c) Exceptions.— “(1) In general.— Subparagraphs (A) and (B) of subsection (a)(2) shall not apply to an individual described in paragraph (2) or (3). “(2) Dual citizens.— “(A) In general.— An individual is described in this paragraph if— “(i) the individual became at birth a citizen of the United States and a citizen of another country and continues to be a citizen of such other country, and “(ii) the individual has had no substantial contacts with the United States. “(B) Substantial contacts.— An individual shall be treated as having no substantial contacts with the United States only if the individual— “(i) was never a resident of the United States (as defined in section 7701(b)), “(ii) has never held a United States passport, and “(iii) was not present in the United States for more than 30 days during any calendar year which is 1 of the 10 calendar years preceding the individual’s loss of United States citizenship. “(3) Certain minors.— An individual is described in this paragraph if— “(A) the individual became at birth a citizen of the United States, “(B) neither parent of such individual was a citizen of the United States at the time of such birth, “(C) the individual’s loss of United States citizenship occurs before such individual attains age 18½, and “(D) the individual was not present in the United States for more than 30 days during any calendar year which is 1 of the 10 calendar years preceding the individual’s loss of United States citizenship.” .

  26. Pub. L. 108–357 § 804(c) · 118 Stat. 1418

    Added · 26 U.S.C. § 877(g)

    Pub. L. 108–357, § 804(c), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 108–357, § 804(c), added subsec. (g).

    Enacted provision · exact public law section
    (c) Physical Presence in the United States for More Than 30 Days.— Section 877 (relating to expatriation to avoid tax) is amended by adding at the end the following new subsection: “(g) Physical Presence.— “(1) In general.— This section shall not apply to any individual to whom this section would otherwise apply for any taxable year during the 10-year period referred to in subsection (a) in which such individual is physically present in the United States at any time on more than 30 days in the calendar year ending in such taxable year, and such individual shall be treated for purposes of this title as a citizen or resident of the United States, as the case may be, for such taxable year. “(2) Exception.— “(A) In general.— In the case of an individual described in any of the following subparagraphs of this paragraph, a day of physical presence in the United States shall be disregarded if the individual is performing services in the United States on such day for an employer. The preceding sentence shall not apply if— “(i) such employer is related (within the meaning of section 267 and 707) to such individual, or “(ii) such employer fails to meet such requirements as the Secretary may prescribe by regulations to prevent the avoidance of the purposes of this paragraph. Not more than 30 days during any calendar year may be disregarded under this subparagraph. “(B) Individuals with ties to other countries.— An individual is described in this subparagraph if— “(i) the individual becomes (not later than the close of a reasonable period after loss of United States citizenship or termination of residency) a citizen or resident of the country in which— “(I) such individual was born, “(II) if such individual is married, such individual’s spouse was born, or “(III) either of such individual’s parents were born, and “(ii) the individual becomes fully liable for income tax in such country. “(C) Minimal prior physical presence in the united states.— An individual is described in this subparagraph if, for each year in the 10-year period ending on the date of loss of United States citizenship or termination of residency, the individual was physically present in the United States for 30 days or less. Applicability. The rule of section 7701(b)(3)(D)(ii) shall apply for purposes of this subparagraph.” .

  27. Tax Technical Corrections Act of 2005

    Pub. L. 109–135 title IV § 403(v)(1) · 119 Stat. 2577

    Substituted · 26 U.S.C. § 877(g)(2)(C)

    Pub. L. 109–135 substituted “section 7701(b)(3)(D)” for “section 7701(b)(3)(D)(ii)”

    Source evidence

    Code amendment note
    Subsec. (g)(2)(C). Pub. L. 109–135 substituted “section 7701(b)(3)(D)” for “section 7701(b)(3)(D)(ii)”.

    Enacted provision · exact public law section
    (1) Subparagraph (C) of section 877(g)(2) is amended by striking “section 7701(b)(3)(D)(ii)” and inserting “section 7701(b)(3)(D)”.

  28. Heroes Earnings Assistance and Relief Tax Act of 2008

    Pub. L. 110–245 § 301(c)(2)(A) · 122 Stat. 1624

    Amended · 26 U.S.C. § 877(e)(1)

    Pub. L. 110–245, § 301(c)(2)(A), amended par. (1) generally. Prior to amendment, text read as follows: “Any long-term resident of the United States who—

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 110–245, § 301(c)(2)(A), amended par. (1) generally. Prior to amendment, text read as follows: “Any long-term resident of the United States who—

    “(A) ceases to be a lawful permanent resident of the United States (within the meaning of section 7701(b)(6)), or “(B) commences to be treated as a resident of a foreign country under the provisions of a tax treaty between the United States and the foreign country and who does not waive the benefits of such treaty applicable to residents of the foreign country, shall be treated for purposes of this section and sections 2107, 2501, and 6039G in the same manner as if such resident were a citizen of the United States who lost United States citizenship on the date of such cessation or commencement.”

    Enacted provision · exact public law section
    (A) Paragraph (1) of section 877(e) is amended to read as follows: “(1) In general.— Any long-term resident of the United States who ceases to be a lawful permanent resident of the United States (within the meaning of section 7701(b)(6)) shall be treated for purposes of this section and sections 2107, 2501, and 6039G in the same manner as if such resident were a citizen of the United States who lost United States citizenship on the date of such cessation or commencement.” .

    Effective date note
    Amendment by Pub. L. 113–295 effective as if included in the provisions of the Heroes Earnings Assistance and Relief Tax Act of 2008, Pub. L. 110–245, to which such amendment relates, see section 213(d) of Pub. L. 113–295, set out as a note under section 121 of this title.

  29. Heroes Earnings Assistance and Relief Tax Act of 2008

    Pub. L. 110–245 § 301(d) · 122 Stat. 1624

    Added · 26 U.S.C. § 877(h)

    Pub. L. 110–245, § 301(d), added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 110–245, § 301(d), added subsec. (h).

    Enacted provision · exact public law section
    (d) Termination of Section 877.— Section 877 is amended by adding at the end the following new subsection: “(h) Termination.— This section shall not apply to any individual whose expatriation date (as defined in section 877A(g)(3)) is on or after the date of the enactment of this subsection.” .

    Effective date note
    Amendment by Pub. L. 113–295 effective as if included in the provisions of the Heroes Earnings Assistance and Relief Tax Act of 2008, Pub. L. 110–245, to which such amendment relates, see section 213(d) of Pub. L. 113–295, set out as a note under section 121 of this title.

  30. Tax Technical Corrections Act of 2014

    Pub. L. 113–295 div. A title II § 213(c)(2) · 128 Stat. 4010

    Struck · 26 U.S.C. § 877(e)(2)

    Pub. L. 113–295 struck out “subparagraph (A) or (B) of” after “event described in”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 113–295 struck out “subparagraph (A) or (B) of” after “event described in”.

    Enacted provision · exact public law section
    (2) Amendment relating to section 301.— Paragraph (2) of section 877(e) 26 USC 877. is amended by striking “subparagraph (A) or (B) of”.

    Effective date note
    Amendment by Pub. L. 113–295 effective as if included in the provisions of the Heroes Earnings Assistance and Relief Tax Act of 2008, Pub. L. 110–245, to which such amendment relates, see section 213(d) of Pub. L. 113–295, set out as a note under section 121 of this title.

  31. Energy and Water Development and Related Agencies Appropriations Act, 2018

    Pub. L. 115–141 div. U title IV § 401(a)(153) · 132 Stat. 348

    Substituted · 26 U.S.C. § 877(d)(4)(B)(i)

    Pub. L. 115–141 substituted “in section 957” for “in 957”

    Source evidence

    Code amendment note
    Subsec. (d)(4)(B)(i). Pub. L. 115–141 substituted “in section 957” for “in 957”.

    Enacted provision · exact public law section
    Sec. 401. The Nuclear Regulatory Commission shall comply with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for information.

34 of 34 references resolved to an enrolled provision

Notes

Inflation Adjusted Items for Certain Years

For inflation adjustment of certain items in this section, see Revenue Procedures listed in a table under section 1 of this title.

Editorial Notes

References in Text

The date of the enactment of this subsection, referred to in subsec. (h), is the date of enactment of Pub. L. 110–245, which was approved .

Prior Provisions

A prior section 877 was renumbered section 878 of this title.

Amendments1974–2018 · 13 rounds

2018

Subsec. (d)(4)(B)(i). Pub. L. 115–141 substituted “in section 957” for “in 957”.

2014

Subsec. (e)(2). Pub. L. 113–295 struck out “subparagraph (A) or (B) of” after “event described in”.

2008

Subsec. (e)(1). Pub. L. 110–245, § 301(c)(2)(A), amended par. (1) generally. Prior to amendment, text read as follows: “Any long-term resident of the United States who—

“(A) ceases to be a lawful permanent resident of the United States (within the meaning of section 7701(b)(6)), or

“(B) commences to be treated as a resident of a foreign country under the provisions of a tax treaty between the United States and the foreign country and who does not waive the benefits of such treaty applicable to residents of the foreign country,

shall be treated for purposes of this section and sections 2107, 2501, and 6039G in the same manner as if such resident were a citizen of the United States who lost United States citizenship on the date of such cessation or commencement.”

Subsec. (h). Pub. L. 110–245, § 301(d), added subsec. (h).

2005

Subsec. (g)(2)(C). Pub. L. 109–135 substituted “section 7701(b)(3)(D)” for “section 7701(b)(3)(D)(ii)”.

2004

Subsec. (a). Pub. L. 108–357, § 804(a)(1), reenacted heading without change and amended text of subsec. (a) generally. Prior to amendment, subsec. (a) stated general rule on taxation of nonresident alien individuals who lost United States citizenship and provided that an individual would be treated as having a tax avoidance purpose if the average annual net income tax was greater than $100,000 or the net worth of the individual was $500,000 or more.

Subsec. (c). Pub. L. 108–357, § 804(a)(2), amended heading and text of subsec. (c) generally, substituting provisions setting forth exceptions for dual citizens and certain minors for provisions relating to inapplicability of presumption of tax avoidance to dual citizens, long-term foreign residents, minors who renounced citizenship upon reaching age of majority, and individuals specified in regulations.

Subsec. (g). Pub. L. 108–357, § 804(c), added subsec. (g).

1997

Subsec. (d)(2)(B). Pub. L. 105–34, § 1602(g)(1), substituted “the 10-year period beginning on the date the individual loses United States citizenship” for “the 10-year period described in subsection (a)” in introductory provisions.

Subsec. (d)(2)(D). Pub. L. 105–34, § 1602(g)(2), inserted at end “In the case of any exchange occurring during such 5 years, any gain recognized under this subparagraph shall be recognized immediately after such loss of citizenship.”

Subsec. (d)(3). Pub. L. 105–34, § 1602(g)(3), inserted “and the period applicable under paragraph (2)” after “subsection (a)” in introductory provisions.

Subsec. (d)(4)(A). Pub. L. 105–34, § 1602(g)(4)(C), struck out “during the 10-year period referred to in subsection (a),” before “any income or gain” in concluding provisions.

Subsec. (d)(4)(A)(i). Pub. L. 105–34, § 1602(g)(4)(A), inserted “during the 10-year period beginning on the date the individual loses United States citizenship” after “contributes property”.

Subsec. (d)(4)(A)(ii). Pub. L. 105–34, § 1602(g)(4)(B), inserted “immediately before such contribution” after “from such property”.

Subsec. (e)(1). Pub. L. 105–34, § 1602(h)(3), substituted “6039G” for “6039F” in concluding provisions.

1996

Subsec. (a). Pub. L. 104–191, § 511(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows:

“(a) In General.—Every nonresident alien individual who at any time after , and within the 10-year period immediately preceding the close of the taxable year lost United States citizenship, unless such loss did not have for one of its principal purposes the avoidance of taxes under this subtitle or subtitle B, shall be taxable for such taxable year in the manner provided in subsection (b) if the tax imposed pursuant to such subsection exceeds the tax which, without regard to this section, is imposed pursuant to section 871.”

Subsec. (a)(1). Pub. L. 104–191, § 511(d)(2), inserted “(after any reduction in such tax under the last sentence of such subsection)” after “such subsection”.

Subsec. (b). Pub. L. 104–191, § 511(d)(1), inserted at end “The tax imposed solely by reason of this section shall be reduced (but not below zero) by the amount of any income, war profits, and excess profits taxes (within the meaning of section 903) paid to any foreign country or possession of the United States on any income of the taxpayer on which tax is imposed solely by reason of this section.”

Pub. L. 104–188 substituted “section 1 or 55” for “section 1, 55, or 402(d)(1)”.

Subsec. (b)(1). Pub. L. 104–191, § 511(b)(2), substituted “subsection (d)” for “subsection (c)”.

Subsec. (c). Pub. L. 104–191, § 511(b)(1), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 104–191, § 511(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows:

“(d) Special Rules of Source.—For purposes of subsection (b), the following items of gross income shall be treated as income from sources within the United States:

“(1) Sale of property.—Gains on the sale or exchange of property (other than stock or debt obligations) located in the United States.

“(2) Stock or debt obligations.—Gains on the sale or exchange of stock issued by a domestic corporation or debt obligations of United States persons or of the United States, a State or political subdivision thereof, or the District of Columbia.

For purposes of this section, gain on the sale or exchange of property which has a basis determined in whole or in part by reference to property described in paragraph (1) or (2) shall be treated as gain described in paragraph (1) or (2).”

Pub. L. 104–191, § 511(b)(1), redesignated subsec. (c) as (d) and struck out former subsec. (d) which read as follows:

“(d) Exception for Loss of Citizenship for Certain Causes.—Subsection (a) shall not apply to a nonresident alien individual whose loss of United States citizenship resulted from the application of section 301(b), 350, or 355 of the Immigration and Nationality Act, as amended (8 U.S.C. 1401(b), 1482, or 1487).”

Subsecs. (e), (f). Pub. L. 104–191, § 511(f)(1), added subsec. (e) and redesignated former subsec. (e) as (f).

1992

Subsec. (b). Pub. L. 102–318 substituted “402(d)(1)” for “402(e)(1)”.

1986

Subsec. (c). Pub. L. 99–514 inserted at end “For purposes of this section, gain on the sale or exchange of property which has a basis determined in whole or in part by reference to property described in paragraph (1) or (2) shall be treated as gain described in paragraph (1) or (2).”

1980

Subsec. (b). Pub. L. 96–222 substituted “55, or 402(e)(1)” for “section 55, 402(e)(1), or section 1201(b)”.

1978

Subsec. (b). Pub. L. 95–600 substituted “section 1, section 55,” for “section 1”.

1976

Subsecs. (b)(2), (e). Pub. L. 94–455 struck out “or his delegate” after “Secretary”.

1974

Subsec. (b). Pub. L. 93–406 inserted reference to section 402(e)(1).

Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment

Amendment by Pub. L. 113–295 effective as if included in the provisions of the Heroes Earnings Assistance and Relief Tax Act of 2008, Pub. L. 110–245, to which such amendment relates, see section 213(d) of Pub. L. 113–295, set out as a note under section 121 of this title.

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–245 applicable to any individual whose expatriation date is on or after , see section 301(g)(1) of Pub. L. 110–245, set out as an Effective Date note under section 2801 of this title.

Effective Date of 2005 Amendment

Amendment by Pub. L. 109–135 effective as if included in the provision of the American Jobs Creation Act of 2004, Pub. L. 108–357, to which such amendment relates, see section 403(nn) of Pub. L. 109–135, set out as a note under section 26 of this title.

Effective Date of 2004 Amendment

Pub. L. 108–357, title VIII, § 804(f), , 118 Stat. 1573, provided that: “The amendments made by this section [amending this section and sections 2107, 2501, 6039G, and 7701 of this title] shall apply to individuals who expatriate after .”

Effective Date of 1997 Amendment

Amendment by Pub. L. 105–34 effective as if included in the provisions of the Health Insurance Portability and Accountability Act of 1996, Pub. L. 104–191, to which such amendment relates, see section 1602(i) of Pub. L. 105–34, set out as a note under section 26 of this title.

Effective Date of 1996 Amendment

Pub. L. 104–191, title V, § 511(g), , 110 Stat. 2100, provided that:

“(1)

In general.—

The amendments made by this section [amending this section and sections 2107 and 2501 of this title] shall apply to—

“(A)

individuals losing United States citizenship (within the meaning of section 877 of the Internal Revenue Code of 1986) on or after , and

“(B)

long-term residents of the United States with respect to whom an event described in [former] subparagraph (A) or (B) of section 877(e)(1) of such Code occurs on or after .

“(2)

Ruling requests.—

In no event shall the 1-year period referred to in section 877(c)(1)(B) of such Code, as amended by this section, expire before the date which is 90 days after the date of the enactment of this Act [].

“(3)

Special rule.—

“(A)

In general.—

In the case of an individual who performed an act of expatriation specified in paragraph (1), (2), (3), or (4) of section 349(a) of the Immigration and Nationality Act (8 U.S.C. 1481(a)(1)–(4)) before , but who did not, on or before such date, furnish to the United States Department of State a signed statement of voluntary relinquishment of United States nationality confirming the performance of such act, the amendments made by this section and section 512 [enacting section 6039F of this title] shall apply to such individual except that the 10-year period described in section 877(a) of such Code shall not expire before the end of the 10-year period beginning on the date such statement is so furnished.

“(B)

Exception.—

Subparagraph (A) shall not apply if the individual establishes to the satisfaction of the Secretary of the Treasury that such loss of United States citizenship occurred before .”

Amendment by Pub. L. 104–188 applicable to taxable years beginning after , with retention of certain transition rules, see section 1401(c) of Pub. L. 104–188, set out as a note under section 402 of this title.

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–318 applicable to distributions after , see section 521(e) of Pub. L. 102–318, set out as a note under section 402 of this title.

Effective Date of 1986 Amendment

Pub. L. 99–514, title XII, § 1243(b), , 100 Stat. 2581, provided that: “The amendment made by subsection (a) [amending this section] shall apply to sales or exchanges of property received in exchanges after .”

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–222 effective, except as otherwise provided, as if it had been included in the provisions of the Revenue Act of 1978, Pub. L. 95–600, to which such amendment relates, see section 201 of Pub. L. 96–222, set out as a note under section 32 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–600 applicable to taxable years beginning after , see section 421(g) of Pub. L. 95–600, set out as a note under section 5 of this title.

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–406 applicable only with respect to distributions or payments made after , in taxable years beginning after , see section 2005(d) of Pub. L. 93–406, set out as a note under section 402 of this title.

Effective Date

Section applicable with respect to taxable years beginning after , see section 103(n)(1) of Pub. L. 89–809, set out as an Effective Date of 1966 Amendment note under section 871 of this title.

Plan Amendments Not Required Until January 1, 1998

For provisions directing that if any amendments made by subtitle D [§§ 1401–1465] of title I of Pub. L. 104–188 require an amendment to any plan or annuity contract, such amendment shall not be required to be made before the first day of the first plan year beginning on or after , see section 1465 of Pub. L. 104–188, set out as a note under section 401 of this title.

Plan Amendments Not Required Until January 1, 1994

For provisions directing that if any amendments made by subtitle B [§§ 521–523] of title V of Pub. L. 102–318 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after , see section 523 of Pub. L. 102–318, set out as a note under section 401 of this title.

Credits

1966–2018 · 15 acts
  1. 1966Added Pub. L. 89–809, title I, § 103(f)(1), , 80 Stat. 1551
  2. 1974amended Pub. L. 93–406, title II, § 2005(c)(8), , 88 Stat. 992
  3. 1976Pub. L. 94–455, title XIX, § 1906(b)(13)(A), , 90 Stat. 1834
  4. 1978Pub. L. 95–600, title IV, § 421(e)(5), , 92 Stat. 2876
  5. 1980Pub. L. 96–222, title I, § 104(a)(1), (4)(H)(v), , 94 Stat. 214, 217
  6. 1986Pub. L. 99–514, title XII, § 1243(a), , 100 Stat. 2580
  7. 1992Pub. L. 102–318, title V, § 521(b)(31), , 106 Stat. 312
  8. 1996Pub. L. 104–188, title I, § 1401(b)(11), , 110 Stat. 1789
  9. 1996Pub. L. 104–191, title V, § 511(a)–(d), (f)(1), , 110 Stat. 2093–2098
  10. 1997Pub. L. 105–34, title XVI, § 1602(g)(1)–(4), (h)(3), , 111 Stat. 1095, 1096
  11. 2004Pub. L. 108–357, title VIII, § 804(a)(1), (2), (c), , 118 Stat. 1569, 1570
  12. 2005Pub. L. 109–135, title IV, § 403(v)(1), , 119 Stat. 2628
  13. 2008Pub. L. 110–245, title III, § 301(c)(2)(A), (d), , 122 Stat. 1646
  14. 2014Pub. L. 113–295, div. A, title II, § 213(c)(2), , 128 Stat. 4034
  15. 2018Pub. L. 115–141, div. U, title IV, § 401(a)(153), , 132 Stat. 1191.
Show as published

(Added Pub. L. 89–809, title I, § 103(f)(1), , 80 Stat. 1551; amended Pub. L. 93–406, title II, § 2005(c)(8), , 88 Stat. 992; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), , 90 Stat. 1834; Pub. L. 95–600, title IV, § 421(e)(5), , 92 Stat. 2876; Pub. L. 96–222, title I, § 104(a)(1), (4)(H)(v), , 94 Stat. 214, 217; Pub. L. 99–514, title XII, § 1243(a), , 100 Stat. 2580; Pub. L. 102–318, title V, § 521(b)(31), , 106 Stat. 312; Pub. L. 104–188, title I, § 1401(b)(11), , 110 Stat. 1789; Pub. L. 104–191, title V, § 511(a)–(d), (f)(1), , 110 Stat. 2093–2098; Pub. L. 105–34, title XVI, § 1602(g)(1)–(4), (h)(3), , 111 Stat. 1095, 1096; Pub. L. 108–357, title VIII, § 804(a)(1), (2), (c), , 118 Stat. 1569, 1570; Pub. L. 109–135, title IV, § 403(v)(1), , 119 Stat. 2628; Pub. L. 110–245, title III, § 301(c)(2)(A), (d), , 122 Stat. 1646; Pub. L. 113–295, div. A, title II, § 213(c)(2), , 128 Stat. 4034; Pub. L. 115–141, div. U, title IV, § 401(a)(153), , 132 Stat. 1191.)

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