US Codex
U.S.C.
Notes

§881. Tax on income of foreign corporations not connected with United States business — Inbound Citations

26 U.S.C. § 881

Cited by 40 provisions in release 119-102.

Citations to 26 U.S.C. § 881 as a whole

  • 26 U.S.C. § 26(b)(2)(L)
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    (L) sections 871(a) and 881 (relating to certain income of nonresident aliens and foreign corporations),
  • 26 U.S.C. § 59A(c)(2)(B)(i)(I)
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    (I) on which tax is imposed by section 871 or 881, and
  • 26 U.S.C. § 451(c)(4)(B)(v)
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    (v) payments subject to section 871(a), 881, 1441, or 1442,
  • 26 U.S.C. § 814(f)(2)
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    (2) For purposes of sections 881, 882, and 1442, each contiguous country life insurance branch shall be treated as a foreign corporation. Such sections shall be applied to each such branch in the same manner as if such sections contained the provisions of any treaty to which the United States and the contiguous country are parties, to the same extent such provisions would apply if such branch were incorporated in such contiguous country.
  • 26 U.S.C. § 842(c)(1)(A)
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    (A) The tax under section 881 (determined without regard to this paragraph) shall be reduced (but not below zero) by an amount which bears the same ratio to such tax as—
    (i) the amount of the increase in effectively connected income of the company resulting from subsection (b), bears to
    (ii) the amount which would be subject to tax under section 881 if the amount taxable under such section were determined without regard to sections 103 and 894.
  • 26 U.S.C. § 842(c)(1)(A)(ii)
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    (ii) the amount which would be subject to tax under section 881 if the amount taxable under such section were determined without regard to sections 103 and 894.
  • 26 U.S.C. § 860G(b)
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    (b) If the holder of a residual interest in a REMIC is a nonresident alien individual or a foreign corporation, for purposes of sections 871(a), 881, 1441, and 1442—
    (1) amounts includible in the gross income of such holder under this part shall be taken into account when paid or distributed (or when the interest is disposed of), and
    (2) no exemption from the taxes imposed by such sections (and no reduction in the rates of such taxes) shall apply to any excess inclusion.
    The Secretary may by regulations provide that such amounts shall be taken into account earlier than as provided in paragraph (1) where necessary or appropriate to prevent the avoidance of tax imposed by this chapter.
  • 26 U.S.C. § 871(g)
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    (g) For purposes of this section and section 881—
    (A) Except as provided in subparagraph (B), the term “original issue discount obligation” means any bond or other evidence of indebtedness having original issue discount (within the meaning of section 1273).
    (B) The term “original issue discount obligation” shall not include—
    (i) Any obligation payable 183 days or less from the date of original issue (without regard to the period held by the taxpayer).
    (ii) Any obligation the interest on which is exempt from tax under section 103 or under any other provision of law without regard to the identity of the holder.
    (2) The determination of the amount of the original issue discount which accrues during any period shall be made under the rules of section 1272 (or the corresponding provisions of prior law) without regard to any exception for short-term obligations.
    (3) Except to the extent provided in regulations prescribed by the Secretary, the determination of whether any amount described in subsection (a)(1)(C) is from sources within the United States shall be made at the time of the payment (or sale or exchange) as if such payment (or sale or exchange) involved the payment of interest.
    (4) The provisions of section 1286 (relating to the treatment of stripped bonds and stripped coupons as obligations with original issue discount) shall apply for purposes of this section.
  • 26 U.S.C. § 871(m)(1)
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    (1) For purposes of subsection (a), sections 881 and 4948(a), and chapters 3 and 4, a dividend equivalent shall be treated as a dividend from sources within the United States.
  • 26 U.S.C. § 871(m)(6)
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    (6) In the case of any chain of dividend equivalents one or more of which is subject to tax under subsection (a) or section 881, the Secretary may reduce such tax, but only to the extent that the taxpayer can establish that such tax has been paid with respect to another dividend equivalent in such chain, or is not otherwise due, or as the Secretary determines is appropriate to address the role of financial intermediaries in such chain. For purposes of this paragraph, a dividend shall be treated as a dividend equivalent.
  • 26 U.S.C. § 887(c)
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    (c) Any income taxable under this section shall not be taxable under section 871, 881, or 882.
  • 26 U.S.C. § 891
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    Whenever the President finds that, under the laws of any foreign country, citizens or corporations of the United States are being subjected to discriminatory or extraterritorial taxes, the President shall so proclaim and the rates of tax imposed by sections 1, 3, 11, 801, 831, 852, 871, and 881 shall, for the taxable year during which such proclamation is made and for each taxable year thereafter, be doubled in the case of each citizen and corporation of such foreign country; but the tax at such doubled rate shall be considered as imposed by such sections as the case may be. In no case shall this section operate to increase the taxes imposed by such sections (computed without regard to this section) to an amount in excess of 80 percent of the taxable income of the taxpayer (computed without regard to the deductions allowable under section 151 and under part VIII of subchapter B). Whenever the President finds that the laws of any foreign country with respect to which the President has made a proclamation under the preceding provisions of this section have been modified so that discriminatory and extraterritorial taxes applicable to citizens and corporations of the United States have been removed, he shall so proclaim, and the provisions of this section providing for doubled rates of tax shall not apply to any citizen or corporation of such foreign country with respect to any taxable year beginning after such proclamation is made.
  • 26 U.S.C. § 1276(a)(4)
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    (4) Except for purposes of sections 103, 871(a), 881, 1441, 1442, and 6049 (and such other provisions as may be specified in regulations), any amount treated as ordinary income under paragraph (1) or (3) shall be treated as interest for purposes of this title.
  • 26 U.S.C. § 1278(b)(1)
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    (1) If the taxpayer makes an election under this subsection—
    (A) sections 1276 and 1277 shall not apply, and
    (B) market discount on any market discount bond shall be included in the gross income of the taxpayer for the taxable years to which it is attributable (as determined under the rules of subsection (b) of section 1276).
    Except for purposes of sections 103, 871(a), 881, 1441, 1442, and 6049 (and such other provisions as may be specified in regulations), any amount included in gross income under subparagraph (B) shall be treated as interest for purposes of this title.
  • 26 U.S.C. § 1442(b)
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    (b) Subject to such terms and conditions as may be provided by regulations prescribed by the Secretary, subsection (a) shall not apply in the case of a foreign corporation engaged in trade or business within the United States if the Secretary determines that the requirements of subsection (a) impose an undue administrative burden and that the collection of the tax imposed by section 881 on such corporation will not be jeopardized by the exemption.
  • 26 U.S.C. § 1444
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    For purposes of determining the withholding tax liability incurred in the Virgin Islands pursuant to this title (as made applicable to the Virgin Islands) with respect to amounts received from sources within the Virgin Islands by citizens and resident alien individuals of the United States, and corporations organized in the United States, the rate of withholding tax under sections 1441 and 1442 on income subject to tax under section 871(a)(1) or 881 shall not exceed the rate of tax on such income under section 871(a)(1) or 881, as the case may be.
  • 26 U.S.C. § 1563(b)(2)(C)
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    (C) is a foreign corporation subject to tax under section 881 for such taxable year,
  • 26 U.S.C. § 6012(a)
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    (a) Returns with respect to income taxes under subtitle A shall be made by the following:
    (A) Every individual having for the taxable year gross income which equals or exceeds the exemption amount, except that a return shall not be required of an individual—
    (i) who is not married (determined by applying section 7703), is not a surviving spouse (as defined in section 2(a)), is not a head of a household (as defined in section 2(b)), and for the taxable year has gross income of less than the sum of the exemption amount plus the basic standard deduction applicable to such an individual,
    (ii) who is a head of a household (as so defined) and for the taxable year has gross income of less than the sum of the exemption amount plus the basic standard deduction applicable to such an individual,
    (iii) who is a surviving spouse (as so defined) and for the taxable year has gross income of less than the sum of the exemption amount plus the basic standard deduction applicable to such an individual, or
    (iv) who is entitled to make a joint return and whose gross income, when combined with the gross income of his spouse, is, for the taxable year, less than the sum of twice the exemption amount plus the basic standard deduction applicable to a joint return, but only if such individual and his spouse, at the close of the taxable year, had the same household as their home.
    Clause (iv) shall not apply if for the taxable year such spouse makes a separate return or any other taxpayer is entitled to an exemption for such spouse under section 151(c).
    (B) The amount specified in clause (i), (ii), or (iii) of subparagraph (A) shall be increased by the amount of 1 additional standard deduction (within the meaning of section 63(c)(3)) in the case of an individual entitled to such deduction by reason of section 63(f)(1)(A) (relating to individuals age 65 or more), and the amount specified in clause (iv) of subparagraph (A) shall be increased by the amount of the additional standard deduction for each additional standard deduction to which the individual or his spouse is entitled by reason of section 63(f)(1).
    (C) The exception under subparagraph (A) shall not apply to any individual—
    (i) who is described in section 63(c)(5) and who has—
    (I) income (other than earned income) in excess of the sum of the amount in effect under section 63(c)(5)(A) plus the additional standard deduction (if any) to which the individual is entitled, or
    (II) total gross income in excess of the standard deduction, or
    (ii) for whom the standard deduction is zero under section 63(c)(6).
    (D) For purposes of this subsection—
    (i) The terms “standard deduction”, “basic standard deduction” and “additional standard deduction” have the respective meanings given such terms by section 63(c).
    (ii) The term “exemption amount” has the meaning given such term by section 151(d). In the case of an individual described in section 151(d)(2), the exemption amount shall be zero.
    (2) Every corporation subject to taxation under subtitle A;
    (3) Every estate the gross income of which for the taxable year is $600 or more;
    (4) Every trust having for the taxable year any taxable income, or having gross income of $600 or over, regardless of the amount of taxable income;
    (5) Every estate or trust of which any beneficiary is a nonresident alien;
    (6) Every political organization (within the meaning of section 527(e)(1)), and every fund treated under section 527(g) as if it constituted a political organization, which has political organization taxable income (within the meaning of section 527(c)(1)) for the taxable year;
    (7) Every homeowners association (within the meaning of section 528(c)(1)) which has homeowners association taxable income (within the meaning of section 528(d)) for the taxable year; and
    (8) Every estate of an individual under chapter 7 or 11 of title 11 of the United States Code (relating to bankruptcy) the gross income of which for the taxable year is not less than the sum of the exemption amount plus the basic standard deduction under section 63(c)(2)(C);
    except that subject to such conditions, limitations, and exceptions and under such regulations as may be prescribed by the Secretary, nonresident alien individuals subject to the tax imposed by section 871 and foreign corporations subject to the tax imposed by section 881 may be exempted from the requirement of making returns under this section.
  • 26 U.S.C. § 6655(g)(1)
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    (1) For purposes of this section, the term “tax” means the excess of—
    (A) the sum of—
    (i) the tax imposed by section 11 or subchapter L of chapter 1, whichever applies,
    (ii) the tax imposed by section 55,
    (iii) the tax imposed by section 59A, plus
    (iv) the tax imposed by section 887, over
    (B) the credits against tax provided by part IV of subchapter A of chapter 1.
    For purposes of the preceding sentence, in the case of a foreign corporation subject to taxation under section 11 or 1201(a), or under subchapter L of chapter 1, the tax imposed by section 881 shall be treated as a tax imposed by section 11.

Citations to §881(a)

Citations to §881(a)(3)

Citations to §881(a)(4)

Citations to §881(b)

Citations to §881(b)(1)(A)

  • 26 U.S.C. § 1442(c)(1)
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    (1) For purposes of this section, the term “foreign corporation” does not include a corporation created or organized in Guam, American Samoa, the Northern Mariana Islands, or the Virgin Islands or under the law of any such possession if the requirements of subparagraphs (A), (B), and (C) of section 881(b)(1) are met with respect to such corporation.
  • 26 U.S.C. § 1442(c)(2)(A)(ii)
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    (ii) with respect to which the requirements of subparagraphs (A), (B), and (C) of section 881(b)(1) are met for the taxable year,

Citations to §881(b)(1)(B)

  • 26 U.S.C. § 1442(c)(1)
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    (1) For purposes of this section, the term “foreign corporation” does not include a corporation created or organized in Guam, American Samoa, the Northern Mariana Islands, or the Virgin Islands or under the law of any such possession if the requirements of subparagraphs (A), (B), and (C) of section 881(b)(1) are met with respect to such corporation.
  • 26 U.S.C. § 1442(c)(2)(A)(ii)
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    (ii) with respect to which the requirements of subparagraphs (A), (B), and (C) of section 881(b)(1) are met for the taxable year,

Citations to §881(b)(1)(C)

  • 26 U.S.C. § 1442(c)(1)
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    (1) For purposes of this section, the term “foreign corporation” does not include a corporation created or organized in Guam, American Samoa, the Northern Mariana Islands, or the Virgin Islands or under the law of any such possession if the requirements of subparagraphs (A), (B), and (C) of section 881(b)(1) are met with respect to such corporation.
  • 26 U.S.C. § 1442(c)(2)(A)(ii)
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    (ii) with respect to which the requirements of subparagraphs (A), (B), and (C) of section 881(b)(1) are met for the taxable year,

Citations to §881(c)

Citations to §881(c)(2)

Citations to §881(c)(3)

Citations to §881(d)

Citations to §881(e)

Citations to §881(e)(1)(B)(ii)