26 USC 893 - Compensation of employees of foreign governments or international organizations

U.S Code last checked for updates: Nov 22, 2024

§ 893.

Compensation of employees of foreign governments or international organizations

(a)

Rule for exclusion

Wages, fees, or salary of any employee of a foreign government or of an international organization (including a consular or other officer, or a nondiplomatic representative), received as compensation for official services to such government or international organization shall not be included in gross income and shall be exempt from taxation under this subtitle if—

(1)

such employee is not a citizen of the United States, or is a citizen of the Republic of the Philippines (whether or not a citizen of the United States); and

(2)

in the case of an employee of a foreign government, the services are of a character similar to those performed by employees of the Government of the United States in foreign countries; and

(3)

in the case of an employee of a foreign government, the foreign government grants an equivalent exemption to employees of the Government of the United States performing similar services in such foreign country.

(b)

Certificate by Secretary of State

(c)

Limitation on exclusion

Subsection (a) shall not apply to—

(1)

any employee of a controlled commercial entity (as defined in section 892(a)(2)(B)), or

(2)

any employee of a foreign government whose services are primarily in connection with a commercial activity (whether within or outside the United States) of the foreign government.

(Aug. 16, 1954, ch. 736, 68A Stat. 284; Pub. L. 100–647, title I, § 1012(t)(4), Nov. 10, 1988, 102 Stat. 3527.)

cite as: 26 USC 893