26Title 26The US tax code, read & explained

26 U.S.C. § 874

§ 874. Allowance of deductions and credits

203 words · amended 6 times · cited by 1 other sections

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No plain-English explainer yet. Below is the official text. Explainers are being added section by section.

History

Part of the code since 1954. Last changed July 18, 1984 by the Deficit Reduction Act of 1984.

Every change, newest first (7)
  1. July 18, 1984Deficit Reduction Act of 1984
  2. January 6, 1983Public Law 97-424
  3. October 4, 1976Tax Reform Act of 1976
  4. May 21, 1970Public Law 91-258
  5. November 13, 1966Public Law 89-809
  6. June 21, 1965Public Law 89-44
  7. August 16, 1954Internal Revenue Code of 1954 (original text)

The law as written

Current through Public Law 119-102. Amendment notes omitted.

Structure

  1. (a) Return prerequisite to allowance
  2. (b) Tax withheld at source
  3. (c) Foreign tax credit
(a) Return prerequisite to allowance

A nonresident alien individual shall receive the benefit of the deductions and credits allowed to him in this subtitle only by filing or causing to be filed with the Secretary a true and accurate return, in the manner prescribed in subtitle F (sec. 6001 and following, relating to procedure and administration), including therein all the information which the Secretary may deem necessary for the calculation of such deductions and credits. This subsection shall not be construed to deny the credits provided by sections 31 and 33 for tax withheld at source or the credit provided by section 34 for certain uses of gasoline and special fuels.

(b) Tax withheld at source

The benefit of the deduction for exemptions under section 151 may, in the discretion of the Secretary, and under regulations prescribed by the Secretary, be received by a non-resident alien individual entitled thereto, by filing a claim therefor with the withholding agent.

(c) Foreign tax credit

Except as provided in section 906, a nonresident alien individual shall not be allowed the credits against the tax for taxes of foreign countries and possessions of the United States allowed by section 901.