Internal Revenue Code:Sec. 2104. Property within the United States

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Location in Internal Revenue Code

     TITLE 26 - INTERNAL REVENUE CODE
      Subtitle B - Estate and Gift Taxes
       CHAPTER 11 - ESTATE TAX
        Subchapter B - Estates of Nonresidents Not Citizens
      

Statute

    Sec. 2104. Property within the United States
 
    (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.
    (c) Debt obligations
      For purposes of this subchapter, debt obligations of -
        (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. With respect to
    estates of decedents dying after December 31, 1969, 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 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.
 

Sources

    (Aug. 16, 1954, ch. 736, 68A Stat. 397; Pub. L. 89-809, title I,
    Sec. 108(c), Nov. 13, 1966, 80 Stat. 1572; Pub. L. 91-172, title
    IV, Sec. 435(b), Dec. 30, 1969, 83 Stat. 625; Pub. L. 93-17, Sec.
    3(a)(1), Apr. 10, 1973, 87 Stat. 12; Pub. L. 93-625, Sec. 9(b),
    Jan. 3, 1975, 88 Stat. 2116; Pub. L. 94-455, title XX, Sec.
    2001(c)(1)(L), Oct. 4, 1976, 90 Stat. 1853; Pub. L. 100-647, title
    I, Sec. 1012(q)(11), Nov. 10, 1988, 102 Stat. 3525; Pub. L.
    104-188, title I, Sec. 1704(t)(38), Aug. 20, 1996, 110 Stat. 1889.)
 

Miscellaneous

                                 AMENDMENTS
      1996 - Subsec. (c). 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 - Subsec. (c). 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)''.
      1976 - Subsec. (b). Pub. L. 94-455 substituted ''and transfers
    within 3 years of death'' for ''and transfers in contemplation of
    death'' after ''Revocable transfers''.
      1975 - Subsec. (c). Pub. L. 93-625 inserted reference to section
    861(a)(1)(H) of this title in last sentence.
      1973 - Subsec. (c). 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 - Subsec. (c). 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 - Subsec. (c). Pub. L. 89-809 added subsec. (c).
                      EFFECTIVE DATE OF 1988 AMENDMENT
      Amendment by Pub. L. 100-647 effective, except as otherwise
    provided, as if included in the provision of the Tax Reform Act of
    1986, Pub. L. 99-514, to which such amendment relates, see section
    1019(a) of Pub. L. 100-647, set out as a note under section 1 of
    this title.
                      EFFECTIVE DATE OF 1976 AMENDMENT
      Amendment by Pub. L. 94-455 not applicable to transfers made
    before Jan. 1, 1977, see section 2001(d)(1) of Pub. L. 94-455, set
    out as a note under section 2001 of this title.
                      EFFECTIVE DATE OF 1975 AMENDMENT
      Amendment by Pub. L. 93-625 applicable with respect to estates of
    decedents dying after Jan. 3, 1975, see section 9(c) of Pub. L.
    93-625, set out as a note under section 861 of this title.
                      EFFECTIVE DATE OF 1973 AMENDMENT
      Section 3(a)(2) of Pub. L. 93-17 provided that: ''The amendment
    made by paragraph (1) (amending this section) shall apply with
    respect to estates of decedents dying after December 31, 1972,
    except that in the case of the assumption of a debt obligation of a
    foreign corporation which is treated as issued under section
    4912(c)(2) after December 31, 1972, and before January 1, 1974, the
    amendment made by paragraph (1) (amending this section) shall apply
    with respect to estates of decedents dying after December 31,
    1973.''
                      EFFECTIVE DATE OF 1966 AMENDMENT
      Amendment by Pub. L. 89-809 applicable with respect to estates of
    decedents dying after Nov. 13, 1966, see section 108(i) of Pub. L.
    89-809, set out as a note under section 2101 of this title.
                       SHORT TITLE OF 1973 AMENDMENT
      Section 1(a) of Pub. L. 93-17 provided that: ''This Act (enacting
    sections 4922 and 6689 of this title, amending this section and
    sections 4911, 4912, 4914, 4915, 4916, 4918, 4919, 4920, and 6611
    of this title, and enacting provisions set out as notes under this
    section) may be cited as the 'Interest Equalization Tax Extension
    Act of 1973'.''