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46 U.S.C. § 53505Ceiling on deposits

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 230 words · no verdicts yet

in plain englishAI-generated · not legal advice

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.

(a) Maximum Deposits. The amount deposited in a fund for a tax year can't be more than the sum of: (1) the part of the owner's or lessee's taxable income for the year (figured under the Internal Revenue Code, without counting net operating or capital loss carrybacks or this chapter) that comes from operating agreement vessels in U.S. foreign or domestic trade or fisheries; (2) the depreciation deduction allowed under Internal Revenue Code section 167 for agreement vessels that year; (3) if not already counted under (1), the net proceeds (as defined in joint regulations) from selling an agreement vessel or from insurance or indemnity for one; and (4) income earned from investing or reinvesting money already in the fund. (b) Reductions for Lessees. For a lessee, the maximum that can be deposited under (a)(2) for an agreement vessel is reduced by whatever amount the owner is required or allowed to deposit for that same vessel and period under (a)(2).
the actual law source: uscode.house.gov ↗public domain
(a)Maximum Deposits.—

The amount deposited in a capital construction fund for a taxable year may not exceed the sum of—

(1)

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;

(2)

the amount allowable as a deduction under section 167 of such Code (26 U.S.C. 167) for the taxable year for agreement vessels;

(3)

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

(4)

the receipts from the investment or reinvestment of amounts held in the fund.

(b)Reductions for Lessees.—

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.)

history & why it existsrecord from the source credit
  • 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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