# 26 U.S.C. § 2105: Property without the United States Source: OLRC release point 119-134 . Cite pinpoints as 26 U.S.C. § 2105(a)(1). ## § 2105(a) Proceeds of life insurance For purposes of this subchapter, the amount receivable as insurance on the life of a nonresident not a citizen of the United States shall not be deemed property within the United States. ## § 2105(b) Bank deposits and certain other debt obligations For purposes of this subchapter, the following shall not be deemed property within the United States— **§ 2105(b)(1)** amounts described in section 871(i)(3), if any interest thereon would not be subject to tax by reason of section 871(i)(1) were such interest received by the decedent at the time of his death, **§ 2105(b)(2)** deposits with a foreign branch of a domestic corporation or domestic partnership, if such branch is engaged in the commercial banking business, **§ 2105(b)(3)** debt obligations, if, without regard to whether a statement meeting the requirements of section 871(h)(5) has been received, any interest thereon would be eligible for the exemption from tax under section 871(h)(1) were such interest received by the decedent at the time of his death, and **§ 2105(b)(4)** obligations which would be original issue discount obligations as defined in section 871(g)(1) but for subparagraph (B)(i) thereof, if any interest thereon (were such interest received by the decedent at the time of his death) would not be effectively connected with the conduct of a trade or business within the United States. Notwithstanding the preceding sentence, if any portion of the interest on an obligation referred to in paragraph (3) would not be eligible for the exemption referred to in paragraph (3) by reason of section 871(h)(4) if the interest were received by the decedent at the time of his death, then an appropriate portion (as determined in a manner prescribed by the Secretary) of the value (as determined for purposes of this chapter) of such debt obligation shall be deemed property within the United States. ## § 2105(c) Works of art on loan for exhibition For purposes of this subchapter, works of art owned by a nonresident not a citizen of the United States shall not be deemed property within the United States if such works of art are— **§ 2105(c)(1)** imported into the United States solely for exhibition purposes, **§ 2105(c)(2)** loaned for such purposes, to a public gallery or museum, no part of the net earnings of which inures to the benefit of any private stockholder or individual, and **§ 2105(c)(3)** at the time of the death of the owner, on exhibition, or en route to or from exhibition, in such a public gallery or museum. ## § 2105(d) Stock in a RIC **§ 2105(d)(1) In general.** For purposes of this subchapter, stock in a regulated investment company (as defined in section 851) owned by a nonresident not a citizen of the United States shall not be deemed property within the United States in the proportion that, at the end of the quarter of such investment company’s taxable year immediately preceding a decedent’s date of death (or at such other time as the Secretary may designate in regulations), the assets of the investment company that were qualifying assets with respect to the decedent bore to the total assets of the investment company. **§ 2105(d)(2) Qualifying assets.** For purposes of this subsection, qualifying assets with respect to a decedent are assets that, if owned directly by the decedent, would have been— **§ 2105(d)(2)(A)** amounts, deposits, or debt obligations described in subsection (b) of this section, **§ 2105(d)(2)(B)** debt obligations described in the last sentence of section 2104(c), or **§ 2105(d)(2)(C)** other property not within the United States. **§ 2105(d)(3) Termination.** This subsection shall not apply to estates of decedents dying after December 31, 2011. ## Regulations - [Treas. Reg. § 20.2105-1](/26/reg/20.2105-1.md): Estates of nonresidents not citizens; property without the United States. (interprets § 2105) ## Leading cases - [Estate of Schwartz v. Commissioner, 83 T.C. 943 (1984)](https://www.courtlistener.com/opinion/4706066/estate-of-schwartz-v-commissioner/) - [Estate of Ogarrio (Daguerre) v. Commissioner, 40 T.C. 242 (1963)](https://www.courtlistener.com/opinion/4701472/estate-of-ogarrio-daguerre-v-commissioner/) - [Borne v. United States, 577 F. Supp. 115 (N.D. Ind. 1983)](https://www.courtlistener.com/opinion/1497260/borne-v-united-states/) ## Connections Cites: § 851 Definition of regulated investment company; § 871 Tax on nonresident alien individuals; § 2104 Property within the United States Cited by: § 2104 Property within the United States Derived from: 1939 § 862; 1939 § 863 ## Amendments - 1954-08-16: [Act Aug. 16, 1954, ch. 736](/26/act/1954-ch736.md), 68A Stat. 397 - 1966-11-13: [Pub. L. 89-809](/26/act/89-809.md), 80 Stat. 1572 - 1984-07-18: [Pub. L. 98-369](/26/act/98-369.md), 98 Stat. 651 - 1988-11-10: [Pub. L. 100-647](/26/act/100-647.md), 102 Stat. 3501 - 1993-08-10: [Pub. L. 103-66](/26/act/103-66.md), 107 Stat. 508 - 1997-08-05: [Pub. L. 105-34](/26/act/105-34.md), 111 Stat. 1040 - 2004-10-22: [Pub. L. 108-357](/26/act/108-357.md), 118 Stat. 1504 - 2008-10-03: [Pub. L. 110-343](/26/act/110-343.md), 122 Stat. 3865 - 2010-12-17: [Pub. L. 111-312](/26/act/111-312.md), 124 Stat. 3316