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. This subsection shall not be construed to deny the credits provided by sections 31 and 33 for tax withheld at source or the credit provided by section 34 for certain uses of gasoline and special fuels.
Tax withheld at source
The benefit of the deduction for exemptions under section 151 may, in the discretion of the Secretary, and under regulations prescribed by the Secretary, be received by a non-resident alien individual entitled thereto, by filing a claim therefor with the withholding agent.
Foreign tax credit
Except as provided in section 906, a nonresident alien individual shall not be allowed the credits against the tax for taxes of foreign countries and possessions of the United States allowed by section 901.
Aug. 16, 1954, ch. 73668A Stat. 281Pub. L. 89–44, title VIII, § 809(d)(3)79 Stat. 167Pub. L. 89–809, title I80 Stat. 1551Pub. L. 91–258, title II, § 207(d)(1)84 Stat. 248Pub. L. 94–455, title XIX, § 1906(b)(13)(A)90 Stat. 1834Pub. L. 97–424, title V, § 515(b)(6)(E)96 Stat. 2182Pub. L. 98–369, div. A, title IV, § 474(r)(19)98 Stat. 843(, ; , , ; , §§ 103(d), 106(a)(3), , , 1569; , , ; , , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 98–3691984—Subsec. (a). substituted reference to section “33” for “32” and “34” for “39”.
Pub. L. 97–4241983—Subsec. (a). substituted “and special fuels” for “, special fuels, and lubricating oil”.
Pub. L. 94–4551976—Subsecs. (a), (b). struck out “or his delegate” after “Secretary”.
Pub. L. 91–2581970—Subsec. (a). included provision against construction of subsec. (a) to deny credit provided by section 39 for certain uses of special fuels.
Pub. L. 89–809, § 103(d)1966—Subsec. (a). , struck out “of his total income received from all sources in the United States” after “true and accurate return”.
Pub. L. 89–809, § 106(a)(3)Subsec. (c). , substituted “Foreign tax credit” for “Foreign tax credit not allowed” in heading and inserted reference to an exception provided in section 906.
Pub. L. 89–441965—Subsec. (a). inserted “or the credit provided by section 39 for certain uses of gasoline and lubricating oil”.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Pub. L. 98–369section 475(a) of Pub. L. 98–369section 21 of this titleAmendment by applicable to taxable years beginning after , and to carrybacks from such years, see , set out as a note under .
Effective Date of 1983 Amendment
Pub. L. 97–424section 515(c) of Pub. L. 97–424section 34 of this titleAmendment by applicable with respect to articles sold after , see , set out as a note under .
Effective Date of 1970 Amendment
Pub. L. 91–258section 211(a) of Pub. L. 91–258section 4041 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1966 Amendment
section 103(d) of Pub. L. 89–809section 103(n)(1) of Pub. L. 89–809section 871 of this titleAmendment by applicable with respect to taxable years beginning after , see , set out as a note under .
Pub. L. 89–809, title I, § 106(a)(6)80 Stat. 1569Pub. L. 99–514, § 2100 Stat. 2095
Effective Date of 1965 Amendment
Pub. L. 89–44section 809(f) of Pub. L. 89–44section 6420 of this titleAmendment by applicable to taxable years beginning on or after , see , set out as a note under .