[Code of Federal Regulations]
[Title 26, Volume 18]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR301.7701-5]

[Page 621-622]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 301_PROCEDURE AND ADMINISTRATION--Table of Contents
 
                               Definitions
 
Sec. 301.7701-5  Domestic, foreign, resident, and nonresident persons.

    A domestic corporation is one organized or created in the United 
States, including only the States (and during the periods when not 
States, the Territories of Alaska and Hawaii), and the District of 
Columbia, or under the law of the United States or of any State or 
Territory. A foreign corporation is one which is not domestic. A 
domestic corporation is a resident corporation even

[[Page 622]]

though it does no business and owns no property in the United States. A 
foreign corporation engaged in trade or business within the United 
States is referred to in the regulations in this chapter as a resident 
foreign corporation, and a foreign corporation not engaged in trade or 
business within the United States, as a nonresident foreign corporation. 
A partnership engaged in trade or business within the United States is 
referred to in the regulations in this chapter as a resident 
partnership, and a partnership not engaged in trade or business within 
the United States, as a nonresident partnership. Whether a partnership 
is to be regarded as resident or nonresident is not determined by the 
nationality or residence of its members or by the place in which it was 
created or organized.

[32 FR 15231, Nov. 3, 1967, as amended by T.D. 8813, 64 FR 4970, Feb. 2, 
1999]