- 7 - income from real property located in the United States may elect to treat all such income as though it were effectively connected with a trade or business within the United States. Under the regulations, an election under section 871(d) is made by "filing with the income tax return required under section 6012 and the regulations thereunder * * * a statement to the effect that the election is being made." Sec. 1.871-10(d)(1)(ii), Income Tax Regs. Respondent has treated petitioner's rental income as effectively connected with a trade or business within the United States, and there is no question before the Court as to whether petitioner's election is valid. With these provisions in mind we now turn to section 874(a) which, in pertinent part, provides: 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. * * * Thus, in dealing with rental income, there are three possible computations of tax liability facing a nonresident alien individual: (1) If the rental income is not effectively connected with a trade or business within the United States, and no election is made under section 871(d), then the tax is computed at the 30-percent rate on gross rental income underPage: 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