26 USC 879 - Tax treatment of certain community income in the case of nonresident alien individuals

U.S Code last checked for updates: Jan 19, 2025

§ 879.

Tax treatment of certain community income in the case of nonresident alien individuals

(a)

General rule

In the case of a married couple 1 or both of whom are nonresident alien individuals and who have community income for the taxable year, such community income shall be treated as follows:

(1)

Earned income (within the meaning of section 911(d)(2)), other than trade or business income and a partner’s distributive share of partnership income, shall be treated as the income of the spouse who rendered the personal services,

(2)

Trade or business income, and a partner’s distributive share of partnership income, shall be treated as provided in section 1402(a)(5),

(3)

Community income not described in paragraph (1) or (2) which is derived from the separate property (as determined under the applicable community property law) of one spouse shall be treated as the income of such spouse, and

(4)

All other such community income shall be treated as provided in the applicable community property law.

(b)

Exception where election under section 6013(g) is in effect

(c)

Definitions and special rules

For purposes of this section—

(1)

Community income

(2)

Community property laws

(3)

Determination of marital status

(Added Pub. L. 94–455, title X, § 1012(b)(1), Oct. 4, 1976, 90 Stat. 1613; amended Pub. L. 97–34, title I, § 111(b)(4), Aug. 13, 1981, 95 Stat. 194; Pub. L. 98–369, div. A, title I, § 139(a), (b)(1), July 18, 1984, 98 Stat. 677; Pub. L. 99–514, title XIII, § 1301(j)(9), Oct. 22, 1986, 100 Stat. 2658.)

cite as: 26 USC 879