46 U.S.C. § 53505 — Ceiling on deposits
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 230 words · no verdicts yet
A fund's yearly deposit can't exceed the sum of four sources: taxable income from operating agreement vessels, allowed depreciation deductions, certain sale or insurance proceeds, and the fund's own investment earnings. A lessee's allowed deposit shrinks by whatever the vessel's owner deposits for that same vessel.
The amount deposited in a capital construction fund for a taxable year may not exceed the sum of—
that portion of the taxable income of the owner or lessee for the taxable year (computed under chapter 1 of the Internal Revenue Code of 1986 (26 U.S.C. ch. 1) but without regard to the carryback of net operating loss or net capital loss or this chapter) that is attributable to the operation of agreement vessels in the foreign or domestic trade of the United States or in the fisheries* of the United States;
the amount allowable as a deduction under section 167 of such Code (26 U.S.C. 167) for the taxable year for agreement vessels;
if the transaction is not taken into account for purposes of paragraph (1), the net proceeds (as defined in joint regulations*) from the disposition of an agreement vessel* or from insurance or indemnity attributable to an agreement vessel*; and
the receipts from the investment or reinvestment of amounts held in the fund.
For a lessee, the maximum amount that may be deposited for an agreement vessel under subsection (a)(2) for any period shall be reduced by any amount the owner is required or permitted, under the capital construction fund agreement, to deposit for that period for the vessel under subsection (a)(2).
Source credit: (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1593.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1593
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
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