US Code

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

26 U.S.C. § 879

Tax treatment of certain community income in the case of nonresident alien individuals

(a)

General rule

In the case of a married couple 1 or both of whom are nonresident alien individuals and who have community income for the taxable year, such community income shall be treated as follows:
(1)
Earned income (within the meaning of section 911(d)(2)), other than trade or business income and a partner’s distributive share of partnership income, shall be treated as the income of the spouse who rendered the personal services,
(2)
Trade or business income, and a partner’s distributive share of partnership income, shall be treated as provided in section 1402(a)(5),
(3)
Community income not described in paragraph (1) or (2) which is derived from the separate property (as determined under the applicable community property law) of one spouse shall be treated as the income of such spouse, and
(4)
All other such community income shall be treated as provided in the applicable community property law.
(b)

Exception where election under section 6013(g) is in effect

Subsection (a) shall not apply for any taxable year for which an election under subsection (g) or (h) of section 6013 (relating to election to treat nonresident alien individual as resident of the United States) is in effect.

(c)

Definitions and special rules

For purposes of this section—
(1)

Community income

The term “community income” means income which, under applicable community property laws, is treated as community income.

(2)

Community property laws

The term “community property laws” means the community property laws of a State, a foreign country, or a possession of the United States.

(3)

Determination of marital status

The determination of marital status shall be made under section 7703(a).

Pub. L. 94–455, title X, § 1012(b)(1)90 Stat. 1613Pub. L. 97–34, title I, § 111(b)(4)95 Stat. 194Pub. L. 98–369, div. A, title I, § 139(a)98 Stat. 677Pub. L. 99–514, title XIII, § 1301(j)(9)100 Stat. 2658(Added , , ; amended , , ; , (b)(1), , ; , , .)

Editorial Notes

Amendments

Pub. L. 99–5141986—Subsec. (c)(3). substituted “section 7703(a)” for “section 143(a)”.

Pub. L. 98–369, § 139(b)(1)1984—, substituted “nonresident alien individuals” for “a resident or citizen of the United States who is married to a nonresident alien individual” in section catchline.

Pub. L. 98–369, § 139(a)Subsec. (a). , substituted in provision preceding par. (1) “married couple 1 or both of whom are nonresident alien individuals” for “citizen or resident of the United States who is married to a nonresident alien individual”.

Pub. L. 97–341981—Subsec. (a)(1). substituted “section 911(d)(2)” for “section 911(b)”.

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment

Pub. L. 99–514Pub. L. 99–514section 141 of this titleAmendment by applicable to bonds issued after , except as otherwise provided, see sections 1311 to 1318 of , set out as an Effective Date; Transitional Rules note under .

Effective Date of 1984 Amendment

Pub. L. 98–369, div. A, title I, § 139(c)98 Stat. 677

“The amendments made by this section [amending this section] shall apply to taxable years beginning after .”
, , , provided that:

Effective Date of 1981 Amendment

Pub. L. 97–34section 115 of Pub. L. 97–34section 911 of this titleAmendment by applicable with respect to taxable years beginning after , see , set out as a note under .

Effective Date

section 1012(d) of Pub. L. 94–455section 6013 of this titleSection applicable to taxable years beginning after , see , set out as an Effective Date of 1976 Amendment note under .