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

26 U.S.C. § 6039C
in effect
Sign in to generate a plain English summaryAsk Belisarius Agent
(a) General ruleTo 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 interestsFor 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 rulesFor purposes of this section—(1) United States real property interestThe term “United States real property interest” has the meaning given to such term by section 897(c). (2) Foreign personThe term “foreign person” means any person who is not a United States person. (3) Attribution of ownershipFor 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 membersUnited 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 returnAll 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 interestA 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).