26 U.S.C. § 638 — Continental shelf areas
submitted 57 years ago by Pub. L. 91-172 to r/title-26-INTERNAL-REVENUE-CODE · 214 words · no verdicts yet
For this chapter’s rules about mines, oil and gas wells, and other natural deposits, certain seabed and subsoil areas count as part of the United States, a foreign country, or a United States possession. The foreign-country rule applies only when that country exercises taxing jurisdiction over the exploration or exploitation.
For applying this chapter, including sections 861(a)(3) and 862(a)(3) when personal services are performed, to mines, oil and gas wells, and other natural deposits—
(1) “United States,” when used geographically, includes the seabed and subsoil of submarine areas next to United States territorial waters over which the United States has exclusive rights under international law to explore and exploit natural resources; and
(2) “foreign country” and “possession of the United States,” when used geographically, include the seabed and subsoil of submarine areas next to the territorial waters of that foreign country or possession over which the foreign country—or the United States, for a possession—has exclusive rights under international law to explore and exploit natural resources. For a foreign country, this paragraph applies only if it directly or indirectly exercises taxing jurisdiction over that exploration or exploitation. A foreign country does not become a country bordering the United States merely because this section applies.
For purposes of applying the provisions of this chapter (including sections 861(a)(3) and 862(a)(3) in the case of the performance of personal services) with respect to mines, oil and gas wells, and other natural deposits—
the term “United States” when used in a geographical sense includes the seabed and subsoil of those submarine areas which are adjacent to the territorial waters of the United States and over which the United States has exclusive rights, in accordance with international law, with respect to the exploration and exploitation of natural resources; and
the terms “foreign country” and “possession of the United States” when used in a geographical sense include the seabed and subsoil of those submarine areas which are adjacent to the territorial waters of the foreign country or such possession and over which the foreign country (or the United States in case of such possession) has exclusive rights, in accordance with international law, with respect to the exploration and exploitation of natural resources, but this paragraph shall apply in the case of a foreign country only if it exercises, directly or indirectly, taxing jurisdiction with respect to such exploration or exploitation.
No foreign country shall, by reason of the application of this section, be treated as a country contiguous to the United States.
Source credit: (Added Pub. L. 91–172, title V, § 505(a), Dec. 30, 1969, 83 Stat. 634.)
- 1969Enacted · Pub. L. 91-172 · 83 Stat. 634
A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-172 on 1969-12-30.
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