26 U.S.C. § 1355
For purposes of this subchapter-
The term "electing corporation" means any corporation for which an election is in effect under this subchapter.
The term "electing group" means a controlled group of which one or more members is an electing corporation.
The term "controlled group" means any group which would be treated as a single employer under subsection (a) or (b) of section 52 if paragraphs (1) and (2) of section 52(a) did not apply.
The term "qualifying vessel operator" means any corporation-
The term "qualifying vessel" means a self-propelled (or a combination self-propelled and non-self-propelled) United States flag vessel of not less than 6,000 deadweight tons used exclusively in the United States foreign trade during the period that the election under this subchapter is in effect.
The term "United States flag vessel" means any vessel documented under the laws of the United States.
The term "United States domestic trade" means the transportation of goods or passengers between places in the United States.
The term "United States foreign trade" means the transportation of goods or passengers between a place in the United States and a foreign place or between foreign places.
For purposes of this subchapter-
Except as provided in paragraph (2), a person is treated as operating any vessel during any period if-
A person is treated as operating and using a vessel that it has chartered out on bareboat charter terms only if-
For purposes of this section-
Except as otherwise provided in this subsection, a corporation meets the shipping activity requirement of this subsection for any taxable year only if the requirement of paragraph (4) is met for each of the 2 preceding taxable years.
A corporation meets the shipping activity requirement of this subsection for the first taxable year for which the election under section 1354(a) is in effect only if the requirement of paragraph (4) is met for the preceding taxable year.
A corporation who is a member of a controlled group meets the shipping activity requirement of this subsection only if such requirement is met determined by treating all members of such group as 1 person.
The requirement of this paragraph is met for any taxable year if, on average during such year, at least 25 percent of the aggregate tonnage of qualifying vessels used by the corporation were owned by such corporation or chartered to such corporation on bareboat charter terms.
In applying this subchapter to a partner in a partnership-
A similar rule shall apply with respect to other pass-thru entities.
For purposes of subsections (b) and (c), an electing corporation shall be treated as continuing to use a qualifying vessel during any period of temporary cessation if the electing corporation gives timely notice to the Secretary stating-
Notice shall be deemed timely if given not later than the due date (including extensions) for the corporation's tax return for the taxable year in which the temporary cessation begins.
The period of temporary cessation under paragraph (1) shall continue until the earlier of the date on which-
For purposes of this subchapter, an electing corporation shall be treated as continuing to use a qualifying vessel in the United States foreign trade during any period of temporary use in the United States domestic trade if the electing corporation gives timely notice to the Secretary stating-
Notice shall be deemed timely if given not later than the due date (including extensions) for the corporation's tax return for the taxable year in which the temporary cessation begins.
The period of temporary use under paragraph (1) continues until the earlier of the date on which-
Paragraph (1) shall not apply to any qualifying vessel which is operated in the United States domestic trade for more than 30 days during the taxable year.
If the electing corporation elects (at such time and in such manner as the Secretary may require) to apply this subsection for any taxable year to any qualifying vessel which is used in qualified zone domestic trade during the taxable year-
In the case of a qualifying vessel to which this subsection applies-
An electing corporation shall be treated as using such vessel in qualified zone domestic trade during any period of temporary use in the United States domestic trade (other than qualified zone domestic trade) if the electing corporation gives timely notice to the Secretary stating-
Notice shall be deemed timely if given not later than the due date (including extensions) for the corporation's tax return for the taxable year in which the temporary cessation begins.
The period of temporary use under subparagraph (A) continues until the earlier of the date of which-
Subparagraph (A) shall not apply to any qualifying vessel which is operated in the United States domestic trade (other than qualified zone domestic trade) for more than 30 days during the taxable year.
In the case of a qualifying vessel to which this subsection applies, the Secretary shall prescribe rules for the proper allocation of income, expenses, losses, and deductions between the qualified shipping activities and the other activities of such vessel.
For purposes of this subsection-
The term "qualified zone domestic trade" means the transportation of goods or passengers between places in the qualified zone if such transportation is in the United States domestic trade.
The term "qualified zone" means the Great Lakes Waterway and the St. Lawrence Seaway.
The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.
26 U.S.C. § 1355
EDITORIAL NOTES
AMENDMENTS2018-Subsec. (f)(3). Pub. L. 115-141 substituted "on which" for "of which" in introductory provisions.2006-Subsec. (a)(4). Pub. L. 109-432, §413(a), substituted "6,000" for "10,000 (6,000, in the case of taxable years beginning after December 31, 2005, and ending before January 1, 2011)". Pub. L. 109-222 inserted "(6,000, in the case of taxable years beginning after December 31, 2005, and ending before January 1, 2011)" after "10,000".Subsecs. (g), (h). Pub. L. 109-432, §415(a), added subsec. (g) and redesignated former subsec. (g) as (h).2005-Subsec. (a)(8). Pub. L. 109-135, §403(g)(1)(B), struck out heading and text of par. (8). Text read as follows: "The term 'charter' includes an operating agreement." Subsec. (b)(1). Pub. L. 109-135, §403(g)(1)(C), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "Except as provided in paragraph (2), a person is treated as operating any vessel during any period if such vessel is-"(A) owned by, or chartered (including a time charter) to, the person, and "(B) is in use as a qualifying vessel during such period." Subsec. (c)(3). Pub. L. 109-135, §403(g)(2), substituted "determined by treating all members of such group as 1 person." for "determined-"(A) by treating all members of such group as 1 person, and"(B) by disregarding vessel charters between members of such group."Subsec. (d)(3). Pub. L. 109-135, §403(g)(1)(D), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "the extent of a partner's ownership or charter interest in any vessel owned by or chartered to the partnership shall be determined on the basis of the partner's interest in the partnership."
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109-432, div. A, title IV, §413(b), Dec. 20, 2006, 120 Stat. 2963, provided that: "The amendment made by this section [amending this section] shall take effect as if included in section 205 of the Tax Increase Prevention and Reconciliation Act of 2005 [Pub. L. 109-222]." Pub. L. 109-432, div. A, title IV, §415(b), Dec. 20, 2006, 120 Stat. 2965, provided that: "The amendments made by this section [amending this section] shall apply to taxable years beginning after the date of the enactment of this Act [Dec. 20, 2006]." Pub. L. 109-222, §205(b), May 17, 2006, 120 Stat. 350, provided that: "The amendment made by subsection (a) [amending this section] shall apply to taxable years beginning after December 31, 2005."
EFFECTIVE DATE OF 2005 AMENDMENT Amendments by Pub. L. 109-135 effective as if included in the provisions of the American Jobs Creation Act of 2004, Pub. L. 108-357, to which they relate, see section 403(nn) of Pub. L. 109-135, set out as a note under section 26 of this title.
EFFECTIVE DATESection applicable to taxable years beginning after Oct. 22, 2004, see section 248(c) of Pub. L. 108-357, set out as an Effective Date of 2004 Amendments note under section 56 of this title.
- Secretary
- The term "Secretary" means the Secretary of the Treasury or his delegate.
- corporation
- The term "corporation" includes associations, joint-stock companies, and insurance companies.
- person
- The term "person" shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation.
- taxable year
- The term "taxable year" means the calendar year, or the fiscal year ending during such calendar year, upon the basis of which the taxable income is computed under subtitle A. "Taxable year" means, in the case of a return made for a fractional part of a year under the provisions of subtitle A or under regulations prescribed by the Secretary, the period for which such return is made.