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Complete Home & Office Legal Guide
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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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1993-08-24
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862. Income from sources without the United States
(a) Gross income from sources without United States. --
The following items of gross income shall be treated as income
from sources without the United States:
(1) interest other than that derived from sources within
the United States as provided in section 861(a)(1);
(2) dividends other than those derived from sources within
the United States as provided in section 861(a)(2);
(3) compensation for labor or personal services performed
without the United States;
(4) rentals or royalties from property located without the
United States or from any interest in such property, including
rentals or royalties for the use of or for the privilege of using
without the United States patents, copyrights, secret processes
and formulas, good will, trade-marks, trade brands, franchises,
and other like properties;
(5) gains, profits, and income from the sale or exchange of
real property located without the United States;
(6) gains, profits, and income derived from the purchase of
inventory property (within the meaning of section 865(i)(1))
within the United States and its sale or exchange without the
United States;
(7) underwriting income other than that derived from
sources within the United States as provided in section
861(a)(7); and
(8) gains, profits, and income from the disposition of a
United States real property interest (as defined in section
897(c)) when the real property is located in the Virgin Islands.
(b) Taxable income from sources without United States. --
From the items of gross income specified in subsection (a) there
shall be deducted the expenses, losses, and other deductions
properly apportioned or allocated thereto, and a ratable part of
any expenses, losses, or other deductions which cannot definitely
be allocated to some item or class of gross income. The
remainder, if any, shall be treated in full as taxable income
from sources without the United States. In the case of an
individual who does not itemize deductions, an amount equal to
the standard deduction shall be considered a deduction which
cannot definitely be allocated to some item or class of gross
income.
863. Special rules for determining source
(a) Allocation under regulations. -- Items of gross
income, expenses, losses, and deductions, other than those
specified in sections 861(a) and 862(a), shall be allocated or
apportioned to sources within or without the United States, under
regulations prescribed by the Secretary. Where items of gross
income are separately allocated to sources within the United
States, there shall be deducted (for the purpose of computing the
taxable income therefrom ) the expenses, losses, and other
deductions properly apportioned or allocated thereto and a
ratable part of other expenses, losses, or other deductions which
cannot definitely be allocated to some item or class of gross
income. The remainder, if any, shall be included in full as
taxable income from sources within the United States.
(b) Income partly from within and partly from without the
United States. -- In the case of gross income derived from
sources partly within and partly without the United States, the
taxable income may first be computed by deducting the expenses,
losses, or other deductions apportioned or allocated thereto and
a ratable part of any expenses, losses, or other deductions which
cannot definitely be allocated to some item or class of gross
income; and the portion of such taxable income attributable to
sources within the United States may be determined by processes
or formulas of general apportionment prescribed by the Secretary.
Gains, profits, and income --
(1) from services rendered partly within and partly without
the United States,
(2) from the sale or exchange of inventory property (within
the meaning of section 865(i)(1)) produced (in whole or in part)
by the taxpayer within and sold or exchanged without the United
States, or produced (in whole or in part) by the taxpayer without
and sold or exchanged within the United States, or
(3) derived from the purchase of inventory property (within
the meaning of section 865(i)(1)) within a possession of the
United States and its sale or exchange within the United States.
(c) Source rule for certain transportation income. --
(1) Transportation beginning and ending in the United
States. -- All transportation income attributable to
transportation which begins and ends in the United States shall
be treated as derived from sources within the United States.
(2) Other transportation having United States connection.
--
(A) In general. -- 50 percent of all transportation
income attributable to transportation which --
(i) is not described in paragraph (1), and
(ii) begins or ends in the United States, shall be treated
as from sources in the United States.
(B) Special rule for personal service income. --
Subparagraph (A) shall not apply to any transportation income
which is income derived form personal services performed by the
taxpayer, unless such income is attributable to transportation
which --
(i) begins in the United States and ends in a possession of
the United States, or
(ii) begins in a possession of the United States and ends in
the United States.
(3) Transportation income. -- For purposes of this
subsection, the term "transportation income" means any income
derived from, or in connection with --
(A) the use (or hiring or leasing for use) of a vessel or
aircraft, or
(B) the performance of services directly related to the use
of a vessel or aircraft.
For purposes of the preceding sentence the term "vessel or
aircraft" includes any container used in connection with a vessel
or aircraft.
(d) Source rules for space and certain ocean activities. --
(1) In general. -- Except as provided in regulations, any
income derived from a space or ocean activity --
(A) if derived by a United States person, shall be sourced
in the United States, and
(B) if derived by a person other than a United States
person, shall be sourced outside the United States.
(2) Space or ocean activity. -- For purposes of paragraph
(1) --
(A) In general. -- The term "space or ocean activity"
means --
(i) any activity conducted in space, and
(ii) any activity conducted on or under water not within the
jurisdiction (as recognized by the United States) of a foreign
country, possession of the United States, or the United States.
Such term includes any activity conducted in Antarctica.
(B) Exception for certain activities. -- The term "space
or ocean activity" shall not include --
(i) any activity giving rise to transportation income (as
defined in section 863(c)),
(ii) any activity giving rise to international
communications income (as defined in subsection (e)(2)), and
(iii) any activity with respect to mines, oil and gas wells,
or other natural deposits to the extent within the United States
or any foreign country or possession of the United States (as
defined in section 638).
For purposes of applying section 638, the jurisdiction of any
foreign country shall not include any jurisdiction not recognized
by the United States.
(e) International communications income. --
(1) Source rules. --
(A) United States persons. In the case of any United
States person, 50 percent of any international communications
income shall be sourced in the United States and 50 percent of
such income shall be sourced outside the United States.
(B) Foreign persons. --
(i) In general. -- Except as provided in regulations or
clause (ii), in the case of any person other than a United States
person, any international communications income shall be sourced
outside the United States.
(ii) Special rule for income attributable to office of fixed
place of business in the United States. -- In the case of any
person (other than a United States person) who maintains an
office or other fixed pla