Internal Revenue Code:Sec. 874. Allowance of deductions and credits

From TaxAlmanac

Location in Internal Revenue Code

     TITLE 26 - INTERNAL REVENUE CODE
      Subtitle A - Income Taxes
       CHAPTER 1 - NORMAL TAXES AND SURTAXES
        Subchapter N - Tax Based on Income From Sources Within or Without
              the United States
          PART II - NONRESIDENT ALIENS AND FOREIGN CORPORATIONS
           Subpart A - Nonresident Alien Individuals
         

Statute

    Sec. 874. Allowance of deductions and credits
 
    (a) Return prerequisite to allowance
      A nonresident alien individual shall receive the benefit of the
    deductions and credits allowed to him in this subtitle only by
    filing or causing to be filed with the Secretary a true and
    accurate return, in the manner prescribed in subtitle F (sec. 6001
    and following, relating to procedure and administration), including
    therein all the information which the Secretary may deem necessary
    for the calculation of such deductions and credits.  This
    subsection shall not be construed to deny the credits provided by
    sections 31 and 33 for tax withheld at source or the credit
    provided by section 34 for certain uses of gasoline and special
    fuels.
    (b) Tax withheld at source
      The benefit of the deduction for exemptions under section 151
    may, in the discretion of the Secretary, and under regulations
    prescribed by the Secretary, be received by a non-resident alien
    individual entitled thereto, by filing a claim therefor with the
    withholding agent.
    (c) Foreign tax credit
      Except as provided in section 906, a nonresident alien individual
    shall not be allowed the credits against the tax for taxes of
    foreign countries and possessions of the United States allowed by
    section 901.
 

Sources

    (Aug. 16, 1954, ch. 736, 68A Stat. 281; Pub. L. 89-44, title VIII,
    Sec. 809(d)(3), June 21, 1965, 79 Stat. 167; Pub. L. 89-809, title
    I, Sec. 103(d), 106(a)(3), Nov. 13, 1966, 80 Stat. 1551, 1569; Pub.
    L. 91-258, title II, Sec. 207(d)(1), May 21, 1970, 84 Stat. 248;
    Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976, 90
    Stat. 1834; Pub. L. 97-424, title V, Sec. 515(b)(6)(E), Jan. 6,
    1983, 96 Stat. 2182; Pub. L. 98-369, div.  A, title IV, Sec.
    474(r)(19), July 18, 1984, 98 Stat. 843.)
 

Miscellaneous

                                 AMENDMENTS
      1984 - Subsec. (a). Pub. L. 98-369 substituted reference to
    section ''33'' for ''32'' and ''34'' for ''39''.
      1983 - Subsec. (a). Pub. L. 97-424 substituted ''and special
    fuels'' for '', special fuels, and lubricating oil''.
      1976 - Subsecs. (a), (b). Pub. L. 94-455 struck out ''or his
    delegate'' after ''Secretary''.
      1970 - Subsec. (a). Pub. L. 91-258 included provision against
    construction of subsec. (a) to deny credit provided by section 39
    for certain uses of special fuels.
      1966 - Subsec. (a). Pub. L. 89-809, Sec. 103(d), struck out ''of
    his total income received from all sources in the United States''
    after ''true and accurate return''.
      Subsec. (c). Pub. L. 89-809, Sec. 106(a)(3), substituted
    ''Foreign tax credit'' for ''Foreign tax credit not allowed'' in
    heading and inserted reference to an exception provided in section
    906.
      1965 - Subsec. (a). Pub. L. 89-44 inserted ''or the credit
    provided by section 39 for certain uses of gasoline and lubricating
    oil''.
                      EFFECTIVE DATE OF 1984 AMENDMENT
      Amendment by Pub. L. 98-369 applicable to taxable years beginning
    after Dec. 31, 1983, and to carrybacks from such years, see section
    475(a) of Pub. L. 98-369, set out as a note under section 21 of
    this title.
                      EFFECTIVE DATE OF 1983 AMENDMENT
      Amendment by Pub. L. 97-424 applicable with respect to articles
    sold after Jan. 6, 1983, see section 515(c) of Pub. L. 97-424, set
    out as a note under section 34 of this title.
                      EFFECTIVE DATE OF 1970 AMENDMENT
      Amendment by Pub. L. 91-258 effective July 1, 1970, see section
    211(a) of Pub. L. 91-258, set out as a note under section 4041 of
    this title.
                      EFFECTIVE DATE OF 1966 AMENDMENT
      Amendment by section 103(d) of Pub. L. 89-809 applicable with
    respect to taxable years beginning after Dec. 31, 1966, see section
    103(n)(1) of Pub. L. 89-809, set out as a note under section 871 of
    this title.
      Section 106(a)(6) of Pub. L. 89-809, as amended by Pub. L.
    99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ''The
    amendments made by this subsection (enacting section 906 of this
    title and amending this section and section 901 of this title)
    shall apply with respect to taxable years beginning after Dec. 31,
    1966. In applying section 904 of the Internal Revenue Code of 1986
    (formerly I.R.C. 1954) with respect to section 906 of such Code, no
    amount may be carried from or to any taxable year beginning before
    Jan. 1, 1967, and no such year shall be taken into account.''
                      EFFECTIVE DATE OF 1965 AMENDMENT
      Amendment by Pub. L. 89-44 applicable to taxable years beginning
    on or after July 1, 1965, see section 809(f) of Pub. L. 89-44, set
    out as a note under section 6420 of this title.
 

References

                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 1441 of this title.