§877. Expatriation to avoid tax — Inbound Citations
26 U.S.C. § 877
Cited by 17 provisions in release 119-102.
Citations to 26 U.S.C. § 877 as a whole
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(3) providing that, subject to such conditions (which may include provisions comparable to section 877) as may be provided in such regulations, subsections (e)(1)(B) and (g)(2) shall not apply for purposes of sections 931 and 933.
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(ii) an individual to whom section 877 applies.
Citations to §877(a)
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(d) Notwithstanding any other provision of law—(1) any Federal agency or court which collects (or is required to collect) the statement under subsection (a) shall provide to the Secretary—(A) a copy of any such statement, and(B) the name (and any other identifying information) of any individual refusing to comply with the provisions of subsection (a),(2) the Secretary of State shall provide to the Secretary a copy of each certificate as to the loss of American nationality under section 358 of the Immigration and Nationality Act which is approved by the Secretary of State, and(3) the Federal agency primarily responsible for administering the immigration laws shall provide to the Secretary the name of each lawful permanent resident of the United States (within the meaning of section 7701(b)(6)) whose status as such has been revoked or has been administratively or judicially determined to have been abandoned.Notwithstanding any other provision of law, not later than 30 days after the close of each calendar quarter, the Secretary shall publish in the Federal Register the name of each individual losing United States citizenship (within the meaning of section 877(a) or 877A) with respect to whom the Secretary receives information under the preceding sentence during such quarter.
Citations to §877(a)(1)
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(e) This section shall not apply to any sale or exchange by an individual if the treatment provided by section 877(a)(1) applies to such individual.
Citations to §877(a)(2)(A)
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(B) An individual shall not be treated as meeting the requirements of subparagraph (A) or (B) of section 877(a)(2) if—(i) the individual—(I) became at birth a citizen of the United States and a citizen of another country and, as of the expatriation date, continues to be a citizen of, and is taxed as a resident of, such other country, and(II) has been a resident of the United States (as defined in section 7701(b)(1)(A)(ii)) for not more than 10 taxable years during the 15-taxable year period ending with the taxable year during which the expatriation date occurs, or(I) the individual’s relinquishment of United States citizenship occurs before such individual attains age 18½, and(II) the individual has been a resident of the United States (as so defined) for not more than 10 taxable years before the date of relinquishment.
Citations to §877(a)(2)(B)
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(B) An individual shall not be treated as meeting the requirements of subparagraph (A) or (B) of section 877(a)(2) if—(i) the individual—(I) became at birth a citizen of the United States and a citizen of another country and, as of the expatriation date, continues to be a citizen of, and is taxed as a resident of, such other country, and(II) has been a resident of the United States (as defined in section 7701(b)(1)(A)(ii)) for not more than 10 taxable years during the 15-taxable year period ending with the taxable year during which the expatriation date occurs, or(I) the individual’s relinquishment of United States citizenship occurs before such individual attains age 18½, and(II) the individual has been a resident of the United States (as so defined) for not more than 10 taxable years before the date of relinquishment.
Citations to §877(a)(2)(C)
Citations to §877(b)
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(b) For purposes of applying any exemption from, or reduction of, any tax provided by any treaty to which the United States is a party with respect to income which is not effectively connected with the conduct of a trade or business within the United States, a nonresident alien individual or a foreign corporation shall be deemed not to have a permanent establishment in the United States at any time during the taxable year. This subsection shall not apply in respect of the tax computed under section 877(b).
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(a) A tax computed in accordance with the table contained in section 2001 is hereby imposed on the transfer of the taxable estate, determined as provided in section 2106, of every decedent nonresident not a citizen of the United States if the date of death occurs during a taxable year with respect to which the decedent is subject to tax under section 877(b).
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(A) Paragraph (2) shall not apply in the case of a donor to whom section 877(b) applies for the taxable year which includes the date of the transfer.
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(A) In the case of a transfer of stock in a foreign corporation described in subparagraph (B) by a donor to whom section 877(b) applies for the taxable year which includes the date of the transfer—(i) section 2511(a) shall be applied without regard to whether such stock is situated within the United States, and(ii) the value of such stock for purposes of this chapter shall be its U.S.-asset value determined under subparagraph (C).
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(a) Notwithstanding any other provision of law, any individual to whom section 877(b) or 877A applies for any taxable year shall provide a statement for such taxable year which includes the information described in subsection (b).
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(10) If—(A) an alien individual was treated as a resident of the United States during any period which includes at least 3 consecutive calendar years (hereinafter referred to as the “initial residency period”), and(B) such individual ceases to be treated as a resident of the United States but subsequently becomes a resident of the United States before the close of the 3rd calendar year beginning after the close of the initial residency period,such individual shall be taxable for the period after the close of the initial residency period and before the day on which he subsequently became a resident of the United States in the manner provided in section 877(b). The preceding sentence shall apply only if the tax imposed pursuant to section 877(b) exceeds the tax which, without regard to this paragraph, is imposed pursuant to section 871.
Citations to §877(e)
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(e) For comparable treatment of long-term lawful permanent residents who ceased to be taxed as residents, see section 877(e).
Citations to §877(e)(2)
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(5) The term “long-term resident” has the meaning given to such term by section 877(e)(2).