46 U.S.C. § 53306 — Recognition of gain for tax purposes
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 333 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
In this section, the terms “net proceeds” and “net indemnity” mean the sum of—
the adjusted basis of the vessel*; and
the amount of gain the taxpayer would recognize without regard to this section.
In computing net income under the income or excess profits tax laws of the United States, a taxpayer does not recognize a gain on the sale or the actual or constructive total loss of a vessel if the taxpayer—
deposits an amount equal to the net proceeds of the sale or the net indemnity for the loss in a construction reserve fund within 60 days after receiving the payment of proceeds or indemnity; and
elects under this section not to recognize the gain.
Except as provided in paragraph (2), the taxpayer must make the election referred to in subsection (b) in the taxpayer’s income tax return for the taxable year in which the gain was realized.
If the vessel is bought or requisitioned by the United States Government, or is lost, and the taxpayer receives payment for the vessel or indemnity for the loss from the Government after the end of the taxable year in which it was bought, requisitioned, or lost, the taxpayer must make the election referred to in subsection (b) within 60 days after receiving the payment or indemnity, on a form prescribed by the Secretary of the Treasury.
If the taxpayer makes an election under subsection (c)(2), and computation or recomputation under this section is otherwise allowable but is prevented by a statute of limitation on the date the election is made or within 6 months thereafter, the computation or recomputation nevertheless shall be made notwithstanding the statute if the taxpayer files a claim for the computation or recomputation within 6 months after the date of making the election.
Source credit: (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1588.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1588
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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