§ 873 Deductions
(a) General rule
In the case of a nonresident alien individual, the deductions shall be allowed only for purposes of section and (except as provided by subsection (b)) only if and to the extent that they are connected with income which is effectively connected with the conduct of a trade or business within the United States; and the proper apportionment and allocation of the deductions for this purpose shall be determined as provided in regulations prescribed by the Secretary.
(b) Exceptions
The following deductions shall be allowed whether or not they are connected with income which is effectively connected with the conduct of a trade or business within the United States:
(1) Losses
The deduction allowed by section for casualty or theft losses described in paragraph (2) or (3) of section , but only if the loss is of property located within the United States.
(2) Charitable contributions
The deduction for charitable contributions and gifts allowed by section .
(3) Personal exemption
The deduction for personal exemptions allowed by section , except that only one exemption shall be allowed under section unless the taxpayer is a resident of a contiguous country or is a national of the United States.
(c) Cross reference
For rule that certain foreign taxes are not to be taken into account in determining deduction or credit, see section .
(Aug. 16, 1954, ch. 736, 68A Stat. 280; Pub. L. 89–809, title I, § 103(c)(1), Nov. 13, 1966, 80 Stat. 1550; Pub. L. 92–580, § 1(b), Oct. 27, 1972, 86 Stat. 1276; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 95–30, title I, § 101(d)(11), May 23, 1977, 91 Stat. 134; Pub. L. 98–369, div. A, title VII, § 711(c)(2)(A)(iv), July 18, 1984, 98 Stat. 945; Pub. L. 105–277, div. J, title IV, § 4004(b)(3), Oct. 21, 1998, 112 Stat. 2681–911.)
Operative text only. Editorial notes, amendment history, and effective dates: official OLRC text of § 873