Internal Revenue Code · 26 U.S.C.
§ 892. Income of foreign governments and of international organizations
Official text, no changes From the Office of the Law Revision Counsel, release point 119-121 (current through Public Law 119-121 (October 9, 2026)). Compare it with the official text at uscode.house.gov (external site).
Cite as 26 U.S.C. § 892
At a glance
Read from the text, the source credit and the official notes. Not part of the law.
- Status
- In force
- Enacted
- October 22, 1986 by Pub. L. 99–514
- Last amended
- November 5, 1990 by Pub. L. 101–508
- Amendments
- 2 dated changes in the source credit
- Length
- 3 subsections · 448 words · about 2 min to read
- Defines
- 1 term
- Cross-references
- cites 0; cited by 1 Code section and 13 other regulations
- Regulations
- 10 issued under this section
For purposes of this title, a foreign government shall be treated as a corporate resident of its country. A foreign government shall be so treated for purposes of any income tax treaty obligation of the United States if such government grants equivalent treatment to the Government of the United States.
The income of international organizations received from investments in the United States in stocks, bonds, or other domestic securities owned by such international organizations, or from interest on deposits in banks in the United States of moneys belonging to such international organizations, or from any other source within the United States, shall not be included in gross income and shall be exempt from taxation under this subtitle.
The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.
(Aug. 16, 1954, ch. 736, 68A Stat. 284; Pub. L. 99–514, title XII, § 1247(a), Oct. 22, 1986, 100 Stat. 2583; Pub. L. 100–647, title I, § 1012(t)(1)–(3), Nov. 10, 1988, 102 Stat. 3527; Pub. L. 101–508, title XI, § 11704(a)(35), Nov. 5, 1990, 104 Stat. 1388–519.)
Terms defined here
Where the text says “the term … means”. Select a term to jump to its definition.
Regulations under this section
Treasury regulations (26 CFR) issued under § 892
- § 1.892-1T Purpose and scope of regulations (temporary regulations).
- § 1.892-2T Foreign government defined (temporary regulations).
- § 1.892-3 Income of foreign governments.
- § 1.892-3T Income of foreign governments (temporary regulations).
- § 1.892-4 Commercial activities.
- § 1.892-4T Commercial activities (temporary regulations).
- § 1.892-5 Controlled commercial entity.
- § 1.892-5T Controlled commercial entity (temporary regulations).
- § 1.892-6T Income of international organizations (temporary regulations).
- § 1.892-7T Relationship to other Internal Revenue Code sections (temporary regulations).
Cross-references
Computed from the citations in the text of Title 26 and 26 CFR.
Cited by 1 Code section
Cited in 13 regulations not issued under it
- § 1.884-0 Overview of regulation provisions for section 884.
- § 1.884-1 Branch profits tax.
- § 1.897-1 Taxation of foreign investment in United States real property interests, definition of terms.
- § 1.1441-1 Requirement for the deduction and withholding of tax on payments to foreign persons.
- § 1.1441-2 Amounts subject to withholding.
- § 1.1441-8 Exemption from withholding for payments to foreign governments, international organizations, foreign central banks of issue, and the Bank for International Settlements.
- § 1.1445-3 Adjustments to amount required to be withheld pursuant to withholding certificate.
- § 1.1445-6 Adjustments pursuant to withholding certificate of amount required to be withheld under section 1445(e).
- § 1.1445-10T Special rule for Foreign governments (temporary).
- § 1.1446-1 Withholding tax on foreign partners' share of effectively connected taxable income.
- § 1.6038A-1 General requirements and definitions.
- § 1.6049-5 Interest and original issue discount subject to reporting after December 31, 1982.
- § 31.3406(g)-1 Exception for payments to certain payees and certain other payments.
Amendment history
From the source credit and the official notes, newest first.
Where it sits in the Code
- Subtitle A Income Taxes
- Chapter 1 NORMAL TAXES AND SURTAXES
- Subchapter N Tax Based on Income From Sources Within or Without the United States
- Part II NONRESIDENT ALIENS AND FOREIGN CORPORATIONS
- Subpart D Miscellaneous Provisions
Nearby sections
- § 891 Doubling of rates of tax on citizens and corporations of certain foreign countries
- § 892 Income of foreign governments and of international organizations
- § 893 Compensation of employees of foreign governments or international organizations
- § 894 Income affected by treaty
- § 895 Income derived by a foreign central bank of issue from obligations of the United States or from bank deposits
- § 896 Adjustment of tax on nationals, residents, and corporations of certain foreign countries
Official notes
Show the Law Revision Counsel's notes (amendments, effective dates)
Editorial Notes
Amendments
1990—Subsec. (a)(2)(A). Pub. L. 101–508 made clarifying amendment to Pub. L. 100–647, § 1012(t)(1). See 1988 Amendment note below.
1988—Subsec. (a)(2)(A). Pub. L. 100–647, § 1012(t)(1), (2), as amended by Pub. L. 101–508, amended cl. (ii) generally and added cl. (iii). Prior to amendment, cl. (ii) read as follows: “received from or by a controlled commercial entity.”
Subsec. (a)(3). Pub. L. 100–647, § 1012(t)(3), added par. (3).
1986—Pub. L. 99–514 amended section generally. Prior to amendment, section read as follows: “The income of foreign governments or international organizations received from investments in the United States in stocks, bonds, or other domestic securities, owned by such foreign governments or by international organizations, or from interest on deposits in banks in the United States of moneys belonging to such foreign governments or international organizations, or from any other source within the United States, shall not be included in gross income and shall be exempt from taxation under this subtitle.”
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under section 1 of this title.
Effective Date of 1986 Amendment
Pub. L. 99–514, title XII, § 1247(b), Oct. 22, 1986, 100 Stat. 2584, provided that: “The amendment made by subsection (a) [amending this section] shall apply to amounts received on or after July 1, 1986, except that no amount shall be required to be deducted and withheld by reason of the amendment made by subsection (a) from any payment made before the date of the enactment of this Act [Oct. 22, 1986].”
Applicability of Certain Amendments by Pub. L. 99–514 in Relation to Treaty Obligations of United States
For nonapplication of amendment by section 1247(a) of Pub. L. 99–514 to the extent application of such amendment would be contrary to any treaty obligation of the United States in effect on Oct. 22, 1986, with provision that for such purposes any amendment by title I of Pub. L. 100–647 be treated as if it had been included in the provision of Pub. L. 99–514 to which such amendment relates, see section 1012(aa)(3), (4) of Pub. L. 100–647, set out as a note under section 861 of this title.