(a) Stock in corporation For purposes of this subchapter shares of stock owned and held by a nonresident not a citizen of the United States shall be deemed property within the United States only if issued by a domestic corporation.
(b) Revocable transfers and transfers within 3 years of death For purposes of this subchapter, any property of which the decedent has made a transfer, by trust or otherwise, within the meaning of sections 2035 to 2038, inclusive, shall be deemed to be situated in the United States, if so situated either at the time of the transfer or at the time of the decedent’s death.
Amended 1976
- 1976 Pub. L. 94-455 Pub. L. 94–455 substituted “and transfers within 3 years of death” for “and transfers in contemplation of death” after “Revocable transfers”.
(c) Debt obligations For purposes of this subchapter, debt obligations of—
Amended 1966, 1969, 1973, 1975, 1988, 1996, 2010, 2014
- 2014 Pub. L. 113-295 Pub. L. 113–295 substituted “Deposits” for “With respect to estates of decedents dying after December 31, 1969, deposits” in concluding provisions.
- 2010 Pub. L. 111-226 Pub. L. 111–226, in concluding provisions, struck out before period at end “or to a debt obligation of a domestic corporation if any interest on such obligation, were such interest received by the decedent at the time of his death, would be treated by reason of section 861(a)(1)(A) as income from sources without the United States”.
- 1996 Pub. L. 104-188 Pub. L. 104–188 substituted “section 861(a)(1)(A)” for “subparagraph (A), (C), or (D) of section 861(a)(1)” in concluding provisions.
- 1988 Pub. L. 100-647 Pub. L. 100–647 substituted “subparagraph (A), (C), or (D) of section 861(a)(1)” for “section 861(a)(1)(B), section 861(a)(1)(G), or section 861(a)(1)(H)”.
- 1975 Pub. L. 93-625 Pub. L. 93–625 inserted reference to section 861(a)(1)(H) of this title in last sentence.
- 1973 Pub. L. 93-17 Pub. L. 93–17 made subsec. (c) inapplicable to debt obligations where interest on such obligations is treated as income from sources without the United States by reason of section 861(a)(1)(G) of this title.
- 1969 Pub. L. 91-172 Pub. L. 91–172 substituted “December 31, 1969” for “December 31, 1972” in provisions deeming deposit with a domestic branch of a foreign corporation if such branch is engaged in the commercial banking business to be property within the United States.
- 1966 Pub. L. 89-809 Pub. L. 89–809 added subsec. (c).
Cited by 1
(1) a United States person, or
(2) the United States, a State or any political subdivision thereof, or the District of Columbia,
owned and held by a nonresident not a citizen of the United States shall be deemed property within the United States. Deposits with a domestic branch of a foreign corporation, if such branch is engaged in the commercial banking business, shall, for purposes of this subchapter, be deemed property within the United States. This subsection shall not apply to a debt obligation to which section 2105(b) applies.