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26 U.S.C. § 873

Deductions

United States · Title 26 — INTERNAL REVENUE CODE · Status: effective

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26 U.S.C. § 873, Deductions, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/462772
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In the case of a nonresident alien individual, the deductions shall be allowed only for purposes of section 871(b) and (except as provided by subsection (b)) only if and to the extent that they are connected with income which is effectively connected with the conduct of a trade or business within the United States; and the proper apportionment and allocation of the deductions for this purpose shall be determined as provided in regulations prescribed by the Secretary. The following deductions shall be allowed whether or not they are connected with income which is effectively connected with the conduct of a trade or business within the United States: The deduction allowed by section 165 for casualty or theft losses described in paragraph (2) or (3) of section 165(c), but only if the loss is of property located within the United States. The deduction for charitable contributions and gifts allowed by section 170. The deduction for personal exemptions allowed by section 151, except that only one exemption shall be allowed under section 151 unless the taxpayer is a resident of a contiguous country or is a national of the United States. For rule that certain foreign taxes are not to be taken into account in determining deduction or credit, see section 906(b)(1).

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.

  • Amended byPub. L. 94-455(H.R. 10612)1976-10-04
    Tax Reform Act of 1976
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 95-30(H.R. 3477)1977-05-23
    Tax Reduction and Simplification Act of 1977
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 98-369(H.R. 4170)1984-07-18
    Deficit Reduction Act of 1984
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 105-277(H.R. 4328)1998-10-21
    Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999