[Code of Federal Regulations]
[Title 26, Volume 9]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.872-1]

[Page 355-356]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1--INCOME TAXES--Table of Contents
 
Sec. 1.872-1  Gross income of nonresident alien individuals.

    (a) In general--(1) Inclusions. The gross income of a nonresident 
alien individual for any taxable year includes only (i) the gross income 
which is derived from sources within the United States and which is not 
effectively connected for the taxable year with the conduct of a trade 
or business in the United States by that individual and (ii) the gross 
income, irrespective of whether such income is derived from sources 
within or without the United States, which is effectively connected for 
the taxable year with the conduct of a trade or business in the United 
States by that individual. For the determination of the sources of 
income, see sections 861 through 863 and the

[[Page 356]]

regulations thereunder. For the determination of whether income from 
sources within or without the United States is effectively connected for 
the taxable year with the conduct of a trade or business in the United 
States, see sections 864(c) and 871 (c) and (d), Secs. 1.864-3 through 
1.864-7, and Secs. 1.871-9 and 1.871-10. For special rules for 
determining the income of an alien individual who changes his residence 
during the taxable year, see Sec. 1.871-13.
    (2) Exchange transactions. Even though a nonresident alien 
individual who effects certain transactions in the United States in 
stocks, securities, or commodities during the taxable year may not, by 
reason of section 864(b)(2) and paragraph (c) or (d) of Sec. 1.864-2, be 
engaged in trade or business in the United States during the taxable 
year through the effecting of such transactions, nevertheless he shall 
be required to include in gross income for the taxable year the gains 
and profits from those transactions to the extent required by 
Sec. 1.871-7 or Sec. 1.871-8.
    (3) Exclusions. For exclusions from gross income, see Sec. 1.872-2.
    (b) Individuals not engaged in U.S. business. In the case of a 
nonresident alien individual who at no time during the taxable year is 
engaged in trade or business in the United States, the gross income 
shall include only (1) the gross income from sources within the United 
States which is described in section 871(a) and paragraphs (b), (c), and 
(d) of Sec. 1.871-7, and (2) the gross income from sources within the 
United States which, by reason of section 871 (c) or (d) and Sec. 1.871-
9 or Sec. 1.871-10, is treated as effectively connected for the taxable 
year with the conduct of a trade or business in the United States by 
that individual.
    (c) Individuals engaged in U.S. business. In the case of a 
nonresident alien individual who is engaged in trade or business in the 
United States at any time during the taxable year, the gross income 
shall include (1) the gross income from sources within and without the 
United States which is effectively connected for the taxable year with 
the conduct of a trade or business in the United States by that 
individual, (2) the gross income from sources within the United States 
which, by reason of the election provided in section 871(d) and 
Sec. 1.871-10, is treated as effectively connected for the taxable year 
with the conduct of a trade or business in the United States by that 
individual, and (3) the gross income from sources within the United 
States which is described in section 871(a) and paragraphs (b), (c), and 
(d) of Sec. 1.871-7 and is not effectively connected for the taxable 
year with the conduct of a trade or business in the United States by 
that individual.
    (d) Special rules applicable to certain expatriates. For special 
rules for determining the gross income of a nonresident alien individual 
who has lost U.S. citizenship with a principal purpose of avoiding 
certain taxes, see section 877(b)(1).
    (e) Alien resident of Puerto Rico. This section shall not apply in 
the case of a nonresident alien individual who is a bona fide resident 
of Puerto Rico during the entire taxable year. See section 876 and 
Sec. 1.876-1.
    (f) Effective date. This section shall apply for taxable years 
beginning after December 31, 1966. For corresponding rules applicable to 
taxable years beginning before January 1, 1967, see 26 CFR 1.872-1 
(Revised as of January 1, 1971).

[T.D. 6500, 25 FR 11910, Nov. 26, 1960, as amended by T.D. 7332, 39 FR 
44228, Dec. 23, 1974]