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26 U.S.C. § 1059A — Limitation on taxpayer’s basis or inventory cost in property imported from related persons

submitted 40 years ago by Pub. L. 99-514 to r/title-26-INTERNAL-REVENUE-CODE · 164 words · no verdicts yet

in plain englishAI-generated · not legal advice

For property imported between related persons, a purchaser’s tax basis or inventory cost cannot include certain costs above the amount used to determine customs value. The section defines customs value and import for this rule.

(a) If property is imported into the United States directly or indirectly between related persons under section 482, costs included both in the purchaser’s basis or inventory cost and in the property’s customs value cannot exceed the amount of those costs included in customs value when computing the basis or inventory cost under this chapter. (b)(1) “Customs value” means the value used to determine customs duties or other duties imposed on importing property. (2) Unless regulations provide otherwise, “import” means entering the United States or withdrawing property from a warehouse for consumption. This section does not define “related persons”; it refers to section 482.

the actual law source: uscode.house.gov ↗public domain
(a) In general

If any property is imported into the United States in a transaction (directly or indirectly) between related persons (within the meaning of section 482), the amount of any costs—

(1)

which are taken into account in computing the basis or inventory cost of such property by the purchaser, and

(2)

which are also taken into account in computing the customs value of such property,

shall not, for purposes of computing such basis or inventory cost for purposes of this chapter, be greater than the amount of such costs taken into account in computing such customs value.

(b) Customs value; import

For purposes of this section—

(1) Customs value

The term “customs value” means the value taken into account for purposes of determining the amount of any customs duties or any other duties which may be imposed on the importation of any property.

(2) Import

Except as provided in regulations, the term “import” means the entering, or withdrawal from warehouse, for consumption.

Source credit: (Added Pub. L. 99–514, title XII, § 1248(a), Oct. 22, 1986, 100 Stat. 2584.)

history & why it existsrecord from the source credit
  • 1986Enacted · Pub. L. 99-514 · 100 Stat. 2584

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-514 on 1986-10-22.

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