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46 U.S.C. § 53310Obligation of deposits and period for construction of certain vessels

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 359 words · no verdicts yet

in plain englishAI-generated · not legal advice

To keep the tax breaks in sections 53306 and 53309, a taxpayer must commit fund money to a vessel contract within 3 years, pay at least 12.5 percent of the price, and get Secretary-approved plans — or use the money to pay off vessel debt. Construction must start and proceed promptly, though the Secretary can grant limited extensions.

(a) Application of Sections 53306 and 53309. Those two sections' tax benefits apply to a fund deposit only if, within 3 years of the deposit (plus any extension under subsection (c)): (1)(A) the taxpayer signs a contract to build or acquire a new vessel — or, with the Secretary's approval, a part interest in one, or to rebuild or recondition one — (B) the deposit is spent or committed under that contract, (C) at least 12.5 percent of the vessel's price is paid or irrevocably committed, and (D) the Secretary approves the plans and specifications to whatever extent the Secretary thinks necessary; or (2) the deposit is instead spent or committed to pay off existing or new purchase-money debt on a new vessel, owed to someone who is not the mortgagor's parent company or an affiliated company. (b) Additional Requirements for Certain Vessels. For a vessel not built under a construction-differential subsidy contract and not bought from the Secretary of Transportation, beyond subsection (a)(1): (1) at least 5 percent of construction — of the first vessel, if the contract covers more than one — must be finished within 6 months of the contract date, or within any extension under subsection (c), as the Secretary estimates and certifies to the Treasury; and (2) construction after that must keep moving with reasonable speed. (c) Extensions. The Secretary of Transportation may extend the deadline for spending or committing the deposit, or for reaching the 5 percent construction milestone. But total extensions cannot exceed 2 years for spending or committing the money, or 1 year for construction progress.
the actual law source: uscode.house.gov ↗public domain
(a)Application of Sections 53306 and 53309.—

Sections 53306 and 53309 of this title apply to a deposit in a construction reserve fund only if, within 3 years after the date of the deposit (and any extension under subsection (c))—

(1)
(A)

a contract is made for the construction or acquisition of a new vessel or, with the approval of the Secretary of Transportation, for a part interest in a new vessel or for the reconstruction or reconditioning of a new vessel;

(B)

the deposit is expended or obligated for expenditure under that contract;

(C)

at least 12.5 percent of the construction or contract price of the vessel is paid or irrevocably committed for payment; and

(D)

the plans and specifications for the vessel are approved by the Secretary to the extent the Secretary considers necessary; or

(2)

the deposit is expended or obligated for expenditure for the liquidation of existing or subsequently incurred purchase-money indebtedness to a person not a parent company of, or a company affiliated or associated with, the mortgagor on a new vessel.

(b)Additional Requirements for Certain Vessels.—

In addition to the requirements of subsection (a)(1), for a vessel not constructed under a construction-differential subsidy contract or not bought from the Secretary of Transportation—

(1)

at least 5 percent of the construction (or, if the contract covers more than one vessel, at least 5 percent of the construction of the first vessel) must be completed within 6 months after the date of the construction contract (or within the period of an extension under subsection (c)), as estimated by the Secretary and certified by the Secretary to the Secretary of the Treasury; and

(2)

construction under the contract must be completed with reasonable dispatch thereafter.

(c)Extensions.—

The Secretary of Transportation may grant extensions of the period within which the deposits must be expended or obligated or within which the construction must have progressed to the extent of 5 percent completion under this section. However, the extensions may not be for a total of more than 2 years for the expenditure or obligation of deposits or one year for the progress of construction.

Source credit: (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1589.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-304 · 120 Stat. 1589

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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