US Code

Public Law 119-73 (01/23/2026)

26 U.S.C. § 6039C

Returns with respect to foreign persons holding direct investments in United States real property interests

(a)

General rule

To the extent provided in regulations, any foreign person holding direct investments in United States real property interests for the calendar year shall make a return setting forth—
(1)
the name and address of such person,
(2)
a description of all United States real property interests held by such person at any time during the calendar year, and
(3)
such other information as the Secretary may by regulations prescribe.
(b)

Definition of foreign persons holding direct investments in United States real property interests

For purposes of this section, a foreign person shall be treated as holding direct investments in United States real property interests during any calendar year if—
(1)
such person did not engage in a trade or business in the United States at any time during such calendar year, and
(2)
the fair market value of the United States real property interests held directly by such person at any time during such year equals or exceeds $50,000.
(c)

Definitions and special rules

For purposes of this section—
(1)

United States real property interest

The term “United States real property interest” has the meaning given to such term by section 897(c).

(2)

Foreign person

The term “foreign person” means any person who is not a United States person.

(3)

Attribution of ownership

For purposes of subsection (b)(2)—
(A)

Interests held by partnerships, etc.

United States real property interests held by a partnership, trust, or estate shall be treated as owned proportionately by its partners or beneficiaries.

(B)

Interests held by family members

United States real property interests held by the spouse or any minor child of an individual shall be treated as owned by such individual.

(4)

Time and manner of filing return

All returns required to be made under this section shall be made at such time and in such manner as the Secretary shall by regulations prescribe.

(d)

Special rule for United States interest and Virgin Islands interest

A nonresident alien individual or foreign corporation subject to tax under section 897(a) (and any person required to withhold tax under section 1445) shall pay any tax and file any return required by this title—
(1)
to the United States, in the case of any interest in real property located in the United States and an interest (other than an interest solely as a creditor) in a domestic corporation (with respect to the United States) described in section 897(c)(1)(A)(ii), and
(2)
to the Virgin Islands, in the case of any interest in real property located in the Virgin Islands and an interest (other than an interest solely as a creditor) in a domestic corporation (with respect to the Virgin Islands) described in section 897(c)(1)(A)(ii).

Pub. L. 96–499, title XI, § 1123(a)94 Stat. 2687Pub. L. 97–34, title VIII, § 831(a)(3)95 Stat. 352Pub. L. 98–369, div. A, title I, § 129(b)(1)98 Stat. 659Pub. L. 99–514, title XVIII, § 1810(f)(7)100 Stat. 2828(Added , , ; amended , (e), , , 354; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 99–5141986—Subsec. (d). inserted “(and any person required to withhold tax under section 1445)” after “section 897(a)”.

Pub. L. 98–3691984— amended section generally, inserting in section catchline “foreign persons holding direct investments in” and substituting in text provisions concerning returns with respect to foreign persons holding direct investments in United States real property for provisions concerning returns with respect to United States real property interests.

Pub. L. 97–34, § 831(e)1981—Subsec. (b)(4)(C). , substituted “For purposes of determining whether an entity to which this subsection applies has a substantial investor in United States real property, the assets of any person shall include the person’s pro rata share of the United States real property interest held by any corporation (whether domestic or foreign) if the person’s pro rata share of the United States real property interests exceeded $50,000” for “The assets of any entity to which this subsection applies shall include its pro rata share of the United States real property interests held by any corporation in which the entity is a substantial investor in United States real property”.

Pub. L. 97–34, § 831(a)(3)Subsec. (f). , added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment

Pub. L. 99–514Pub. L. 98–369, div. Asection 1881 of Pub. L. 99–514section 48 of this titleAmendment by effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, , to which such amendment relates, see , set out as a note under .

Effective Date of 1984 Amendment

Pub. L. 98–369, div. A, title I, § 129(c)(2)98 Stat. 660

“The amendments made by subsection (b) [amending this section] shall apply to calendar year 1980 and subsequent calendar years.”
, , , provided that:

Effective Date of 1981 Amendment

Pub. L. 97–34section 831(i) of Pub. L. 97–34section 897 of this titleAmendment by applicable to dispositions after , in taxable years ending after such date, see , set out as a note under .

Effective Date

section 1125(b) of Pub. L. 96–499section 897 of this titleSection applicable to 1980 and subsequent calendar years, with 1980 being treated as beginning on , and ending on , see , set out as a note under .