- 6 - nonresident alien individual engaged in a trade or business within the United States is taxed on the "taxable income" effectively connected with that trade or business at the graduated rates of tax (graduated rates), applicable to U.S. residents enumerated in section 1. Sec. 871(b)(1). "Taxable income" means gross income reduced by allowable deductions. Secs. 3(d), 63(a). In determining taxable income, generally, deductions "shall be allowed * * * 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". Sec. 873(a). Thus, there may be a dramatic difference in the tax treatment of rental income depending on whether the income is effectively connected with a trade or business. If the income is effectively connected with a trade or business, deductions are allowed (unless barred by sec. 874, as discussed infra) and the graduated tax rates in section 1 apply. If the income is not effectively connected with a trade or business, no deductions are allowed, and the gross rental income is taxed at a 30-percent rate. Because of the uncertainties in determining whether a rental activity constitutes a trade or business, Congress has provided an election under section 871(d). See S. Rept. 1707, 89th Cong. 2d Sess. (1966), 1966-2 C.B. 1055, 1076-1077. Section 871(d)(1) provides that a nonresident alien individual who derives anyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011