Title 26Internal Revenue CodeRelease 119-73

§2208 Certain residents of possessions considered citizens of the United States

Title 26 › Subtitle Subtitle B— - Estate and Gift Taxes › Chapter CHAPTER 11— - ESTATE TAX › Subchapter Subchapter C— - Miscellaneous › § 2208

Last updated Apr 6, 2026|Official source

Summary

For taxes, someone who died in a U.S. possession while a U.S. citizen counts as a U.S. citizen, unless their citizenship existed only because (1) possession citizenship or (2) birth or residence there.

Full Legal Text

Title 26, §2208

Internal Revenue Code — Source: USLM XML via OLRC

A decedent who was a citizen of the United States and a resident of a possession thereof at the time of his death shall, for purposes of the tax imposed by this chapter, be considered a “citizen” of the United States within the meaning of that term wherever used in this title unless he acquired his United States citizenship solely by reason of (1) his being a citizen of such possession of the United States, or (2) his birth or residence within such possession of the United States.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to estates of decedents dying after Sept. 2, 1958, see section 102(d) of Pub. L. 85–866, set out as an

Effective Date

of 1958 Amendment note under section 2014 of this title.

Reference

Citations & Metadata

Citation

26 U.S.C. § 2208

Title 26Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73