U.S. Code > Title 26 Internal Revenue Code > Subtitle B—Estate and Gift Taxes (§§ 2001—2801) > CHAPTER 11—ESTATE TAX (§§ 2001—2210) > Subchapter B—Estates of Nonresidents Not Citizens (§§ 2101—2108) > § 2104. Property within the United States

§ 2104. Property within the United States

(a) Stock in corporation
For purposes of this subchapter shares of stock owned and held by a nonresident not a citizen of the United States shall be deemed property within the United States only if issued by a domestic corporation.
(b) Revocable transfers and transfers within 3 years of death
For purposes of this subchapter, any property of which the decedent has made a transfer, by trust or otherwise, within the meaning of sections 2035 to 2038, inclusive, shall be deemed to be situated in the United States, if so situated either at the time of the transfer or at the time of the decedent’s death.
(c) Debt obligations
For purposes of this subchapter, debt obligations of—
(1) a United States person, or
(2) the United States, a State or any political subdivision thereof, or the District of Columbia,
owned and held by a nonresident not a citizen of the United States shall be deemed property within the United States. With respect to estates of decedents dying after December 31, 1969, deposits with a domestic branch of a foreign corporation, if such branch is engaged in the commercial banking business, shall, for purposes of this subchapter, be deemed property within the United States. This subsection shall not apply to a debt obligation to which section 2105 (b) applies.