26 U.S.C. § 1354 — Alternative tax election; revocation; termination
submitted 22 years ago by Pub. L. 108-357 to r/title-26-INTERNAL-REVENUE-CODE · 415 words · no verdicts yet
A qualifying vessel operator may elect this subchapter's alternative tax treatment. The election generally continues until revoked or until the operator stops qualifying, followed by a five-year reentry restriction unless the Secretary agrees otherwise.
(a) A qualifying vessel operator* may elect to apply this subchapter. (b) The election must use the Secretary's form and applies to the election year and later years until (d) ends it; it must be made by the return due date, including extensions. (c) A controlled-group member's election applies to all qualifying vessel* operators in the group. (d) (1) An election may be revoked. A revocation by the 15th day of the fourth month is effective on the tax year's first day; a later one is effective the next year's first day, unless it specifies a later date on or after the revocation date, in which case it applies to years beginning on that date. (2) The election ends when the corporation* stops being a qualifying vessel operator, effective on the cessation date; the Secretary* must provide annualization and other appropriate rules. (e) After termination, the operator and any successor cannot elect again before the fifth tax year beginning after the first year of termination, unless the Secretary consents.
A qualifying vessel operator* may elect the application of this subchapter.
An election under this subchapter—
shall be made in such form as prescribed by the Secretary*, and
shall be effective for the taxable year* for which made and all succeeding taxable years until terminated under subsection (d).
Such election may be effective for any taxable year only if made on or before the due date (including extensions) for filing the corporation’s return for such taxable year.
An election under subsection (a) by a member of a controlled group* shall apply to all qualifying vessel* operators that are members of such group.
An election under subsection (a) may be terminated by revocation.
Except as provided in subparagraph (C)—
a revocation made during the taxable year and on or before the 15th day of the 4th month thereof shall be effective on the 1st day of such taxable year, and
a revocation made during the taxable year but after such 15th day shall be effective on the 1st day of the following taxable year.
If the revocation specifies a date for revocation which is on or after the day on which the revocation is made, the revocation shall be effective for taxable years beginning on and after the date so specified.
An election under subsection (a) shall be terminated whenever (at any time on or after the 1st day of the 1st taxable year for which the corporation* is an electing corporation*) such corporation ceases to be a qualifying vessel operator.
Any termination under this paragraph shall be effective on and after the date of cessation.
The Secretary shall prescribe such annualization and other rules as are appropriate in the case of a termination under this paragraph.
If a qualifying vessel operator has made an election under subsection (a) and if such election has been terminated under subsection (d), such operator (and any successor operator) shall not be eligible to make an election under subsection (a) for any taxable year before its 5th taxable year which begins after the 1st taxable year for which such termination is effective, unless the Secretary consents to such election.
Source credit: (Added Pub. L. 108–357, title II, § 248(a), Oct. 22, 2004, 118 Stat. 1451; amended Pub. L. 109–135, title IV, § 403(g)(4), Dec. 21, 2005, 119 Stat. 2624; Pub. L. 114–41, title II, § 2006(a)(2)(C), July 31, 2015, 129 Stat. 457.)
- 2004Enacted · Pub. L. 108-357 · 118 Stat. 1451
- 2005Amended · Pub. L. 109-135 · 119 Stat. 2624
- 2015Amended · Pub. L. 114-41 · 129 Stat. 457
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-357 on 2004-10-22.
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