46 U.S.C. § 53510 — Tax treatment of qualified withdrawals and basis of property
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 344 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
A qualified withdrawal from a capital construction fund shall be treated as made—
first from the capital account;
second from the capital gain account; and
third from the ordinary income account.
If a portion of a qualified withdrawal for a vessel*, barge*, or container is made from the ordinary income account, the basis of the vessel, barge, or container shall be reduced by an amount equal to that portion.
If a portion of a qualified withdrawal for a vessel, barge, or container is made from the capital gain account, the basis of the vessel, barge, or container shall be reduced by an amount equal to that portion.
If a portion of a qualified withdrawal to pay the principal on indebtedness is made from the ordinary income account or the capital gain account, an amount equal to the total reduction that would be required by subsections (b) and (c) if the withdrawal were a qualified withdrawal for a purpose described in those subsections shall be applied, in the order provided in joint regulations*, to reduce the basis of vessels, barges, and containers owned by the person maintaining the fund. The remaining amount of the withdrawal shall be treated as a nonqualified withdrawal.
If property, the basis of which was reduced under subsection (b), (c), or (d), is disposed of, any gain realized on the disposition, to the extent it does not exceed the total reduction in the basis of the property under those subsections, shall be treated as an amount referred to in section 53511(c)(1) of this title withdrawn on the date of disposition of the property. Subject to conditions prescribed in joint regulations, this subsection does not apply to a disposition if there is a redeposit, in an amount determined under joint regulations, that restores the fund as far as practicable to the position it was in before the withdrawal.
Source credit: (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1596.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1596
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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