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.
This section shall apply to any individual if-
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.
A nonresident alien individual described in subsection (a) shall be taxable for the taxable year as provided in section 1 or 55, except that-
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.
Subparagraphs (A) and (B) of subsection (a)(2) shall not apply to an individual described in paragraph (2) or (3).
An individual is described in this paragraph if-
An individual shall be treated as having no substantial contacts with the United States only if the individual-
An individual is described in this paragraph if-
For purposes of subsection (b)-
The following items of gross income shall be treated as income from sources within the United States:
Gains on the sale or exchange of property (other than stock or debt obligations) located in the United States.
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.
Any income or gain derived from stock in a foreign corporation but only-
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.
This paragraph shall apply to any exchange during the 10-year period beginning on the date the individual loses United States citizenship if-
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.
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.
To the extent provided in regulations prescribed by the Secretary-
shall be treated as an exchange to which this paragraph applies.
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-
If-
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.
A corporation is described in this subparagraph with respect to an individual if, were such individual a United States citizen-
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.
The Secretary shall prescribe such regulations as may be necessary to prevent the avoidance of the purposes of this paragraph, including where-
The Secretary shall require such information reporting as is necessary to carry out the purposes of this paragraph.
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.
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.
Subsection (c) shall not apply to an individual who is treated as provided in paragraph (1).
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.
This subsection shall not apply to an individual who is described in a category of individuals prescribed by regulation by the Secretary.
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).
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.
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.
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-
Not more than 30 days during any calendar year may be disregarded under this subparagraph.
An individual is described in this subparagraph if-
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.
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.
26 U.S.C. § 877
Inflation Adjusted Items for Certain YearsFor 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 TEXTThe 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 June 17, 2008.
PRIOR PROVISIONSA prior section 877 was renumbered section 878 of this title.
AMENDMENTS2018-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 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."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 June 17, 2008, 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), Oct. 22, 2004, 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 June 3, 2004."
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), Aug. 21, 1996, 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 February 6, 1995, 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 February 6, 1995."(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 [Aug. 21, 1996]."(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 February 6, 1995, 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 February 6, 1994."Amendment by Pub. L. 104-188 applicable to taxable years beginning after Dec. 31, 1999, 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 Dec. 31, 1992, 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), Oct. 22, 1986, 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 September 25, 1985."
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 Dec. 31, 1978, 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 Dec. 31, 1973, in taxable years beginning after Dec. 31, 1973, see section 2005(d) of Pub. L. 93-406 set out as a note under section 402 of this title.
EFFECTIVE DATESection applicable with respect to taxable years beginning after Dec. 31, 1966, 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,? 1998For 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 Jan. 1, 1998, 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,? 1994For 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 Jan. 1, 1994, see section 523 of Pub. L. 102-318 set out as a note under section 401 of this title.
- Internal Revenue Code of 1986
- The term "Internal Revenue Code of 1986" means this title, and the term "Internal Revenue Code of 1939" means the Internal Revenue Code enacted February 10, 1939, as amended.
- Secretary of the Treasury
- The term "Secretary of the Treasury" means the Secretary of the Treasury, personally, and shall not include any delegate of his.
- Secretary
- The term "Secretary" means the Secretary of the Treasury or his delegate.
- State
- The term "State" shall be construed to include the District of Columbia, where such construction is necessary to carry out provisions of this title.
- corporation
- The term "corporation" includes associations, joint-stock companies, and insurance companies.
- person
- The term "person" shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation.
- shareholder
- The term "shareholder" includes a member in an association, joint-stock company, or insurance company.
- stock
- The term "stock" includes shares in an association, joint-stock company, or insurance company.
- taxable year
- The term "taxable year" means the calendar year, or the fiscal year ending during such calendar year, upon the basis of which the taxable income is computed under subtitle A. "Taxable year" means, in the case of a return made for a fractional part of a year under the provisions of subtitle A or under regulations prescribed by the Secretary, the period for which such return is made.
- taxpayer
- The term "taxpayer" means any person subject to any internal revenue tax.
- trade or business
- The term "trade or business" includes the performance of the functions of a public office.
- transaction
- The term "transaction" includes a series of transactions.