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46 U.S.C. § 57307Recognition of gain for tax purposes

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 88 words · no verdicts yet

in plain englishAI-generated · not legal advice

Owners who trade an obsolete vessel for a new one under this chapter do not report a taxable gain. The new vessel's tax basis carries over from the old vessel's basis. That basis goes up by the cost gap over the trade-in credit, and down by any claimed loss.

Normally, trading in an asset for a new one can create a taxable gain. This section removes that rule in one specific case. If the owner of an obsolete vessel gives it to the Secretary of Transportation in exchange for a trade-in allowance under this chapter, the owner does not have to report a taxable gain on the trade. The new vessel then takes on the same tax basis the old vessel had. Two adjustments apply to that basis: (1) It increases by the difference between what the new vessel actually cost and the trade-in allowance credited for the old vessel. (2) It decreases by the amount of any loss the owner already claimed on the transfer.
the actual law source: uscode.house.gov ↗public domain

The owner of an obsolete vessel does not recognize a gain under the Federal income tax laws when the vessel is transferred to the Secretary of Transportation in exchange for a trade-in allowance under this chapter. The basis of the new vessel acquired with the allowance is the same as the basis of the obsolete vessel—

(1)

increased by the difference between the cost of the new vessel and the trade-in allowance of the obsolete vessel; and

(2)

decreased by the amount of loss recognized on the transfer.

Source credit: (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1663.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-304 · 120 Stat. 1663

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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