### Question
How is the term short-term capital gain dividend defined?


### Answer
The term **short-term capital gain dividend** is defined in *26 U.S.C. § 871* as the following:

> the excess of—


(I) the reported short-term capital gain dividend amount, over


(II) the excess reported amount which is allocable to such reported short-term capital gain dividend amount

#### Citation:
  - *26 U.S.C. § 871*
  - Heading: **Subtitle A-Income Taxes > CHAPTER 1-NORMAL TAXES AND SURTAXES > Subchapter N-Tax Based on Income From Sources Within or Without the United States > PART II-NONRESIDENT ALIENS AND FOREIGN CORPORATIONS > Subpart A-Nonresident Alien Individuals**

