Page:United States Statutes at Large Volume 76.djvu/1053

 76 STAT. ]

PUBLIC LAW 87-834-OCT. 16, 1962

1005

" (4) REQUIREMENT AS TO TIME OF RECEIPT.—No amount received

after the close of the taxable year following the taxable year in which the services to which the amounts are attributable are performed may be excluded under subsection (a). " (5) CERTAIN AMOUNTS NOT EXCLUDABLE.—No amount—

" (A) received as a pension or annuity, or " (B) iticluded in gross income by reason of section 402(b) (relatin*^ to taxability of beneficiary of non-exempt trust), section 403(c) (relating to taxability of beneficiary under a non-qualified annuity), or section 403(d) (relating to taxability of beneficiary under certain forfeitable contracts purchased by exempt organizations), may be excluded under subsection (a).

26 USC 402. 26 USC 403.

" (6) TEST OF BONA FIDE RESIDENCE.—A statement by an indi-

vidual who has earned income from sources within a foreign country to the authorities of that country that he is not a resident of that country, if he is held not subject as a resident of that country to the income tax of that country by its authorities with respect to such earnings, shall be conclusive evidence with respect to such earnings that he is not a bona fide resident of that country for purposes of subsection (a)(1). "(^7) CERTAIN NONCASH REMUNERATION.—If an individual who qualifies under subsection (a)(1) receives compensation from sources without the United States (except from the United States or any agency thereof) in the form of the right to use property or facilities, the limitation under paragraph (1) applicable with respect to such individual— " (A) for a taxable year ending in 1963, shall be increased by an amount equal to the amount of such compensation so received during such taxable year; " (B) for a taxable year ending in 1964, shall be increased by an amount equal to two-thirds of such compensation so received during such taxable year; and " (C) for a taxable year ending in 1965, shall be increased by an amount equal to one-third of such compensation so received during such taxable year. " (d) CROSS REFERENCES.—

"For administrative and penal provisions relating to the exclusion provided for in this section, see sections 6001, 6011, 6012(c), and the other provisions of subtitle F." (b) COMPUTATION OF EMPLOYEES' CONTRIBUTIONS.—Section 72(f)

26 USC 72;

(relating to special rules for computing employees' contributions) is °® P- ^°°^amended by adding after paragraph (2) the following new sentences: "Paragraph (2) shall not apply to amounts which were contributed by the employer after December 31, 1962, and which would not have been includible in the gross income of the employee by reason of the application of section 911 if such amounts had been paid directly to Ante, p. 1003. the employee at the time of contribution. The preceding sentence shall not apply to amounts which were contributed by the employer, as determined under regulations prescribed by the Secretary or his delegate, to provide pension or annuity credits, to the extent such credits are attributable to services performed before January 1, 1963, and are provided pursuant to pension or annuity plan provisions in existence on March 12, 1962, and on that date applicable to such services." (c) EFFECTIVE DATES.— (1) AMENDMENT TO SECTION

911.—The amendment made by subsection (a) shall apply to taxable years ending after September 4, 1962, but only with respect to amounts—

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