§1355 — Title 26 Internal Revenue Code | U.S. Code

Summary

Lets corporations elect special tax rules when they run certain U.S.-flag ships used in foreign trade, and it sets out who counts and when ship use counts. Key terms: electing corporation is a company that made the election; electing group is a controlled group with at least one electing corporation; controlled group means companies treated as one employer under the tax code; qualifying vessel operator is a company that runs one or more qualifying vessels and meets the shipping activity test; qualifying vessel is a U.S.-flag, documented ship of at least 6,000 deadweight tons used only in U.S. foreign trade while the election is in effect; United States flag vessel means a vessel documented under U.S. law; U.S. domestic trade means moves between U.S. places; U.S. foreign trade means moves between a U.S. place and a foreign place or between foreign places. A company is treated as operating a vessel if it owns or charters it, or provides services under an operating agreement, and the ship is a qualifying vessel. Special rules apply to bareboat charters and to partners in a partnership. To qualify, a company must show that for each of the two prior tax years at least 25% of the tonnage of qualifying vessels it used was owned or bareboat-chartered by it (first-year rules look at the prior year; groups are treated as one company). If a vessel stops working temporarily or is used in U.S. domestic trade for a short time, the company can still count it if it gives timely notice (by the tax return due date, including extensions) saying it will resume; temporary use over 30 days in the year breaks this rule. The Secretary must write rules and may require filings for these rules to work.

Title 26, §1355

Internal Revenue Code — Source: USLM XML via OLRC

(a)For purposes of this subchapter—

(1)The term “electing corporation” means any corporation for which an election is in effect under this subchapter.

(2)(A)The term “electing group” means a controlled group of which one or more members is an electing corporation.

(B)The term “controlled group” means any group which would be treated as a single employer under subsection (a) or (b) of section 52 if paragraphs (1) and (2) of section 52(a) did not apply.

(3)The term “qualifying vessel operator” means any corporation—

(A)who operates one or more qualifying vessels, and

(B)who meets the shipping activity requirement in subsection (c).

(4)The term “qualifying vessel” means a self-propelled (or a combination self-propelled and non-self-propelled) United States flag vessel of not less than 6,000 deadweight tons used exclusively in the United States foreign trade during the period that the election under this subchapter is in effect.

(5)The term “United States flag vessel” means any vessel documented under the laws of the United States.

(6)The term “United States domestic trade” means the transportation of goods or passengers between places in the United States.

(7)The term “United States foreign trade” means the transportation of goods or passengers between a place in the United States and a foreign place or between foreign places.

(b)For purposes of this subchapter—

(1)Except as provided in paragraph (2), a person is treated as operating any vessel during any period if—

(A)(i)such vessel is owned by, or chartered (including a time charter) to, the person, or

(ii)the person provides services for such vessel pursuant to an operating agreement, and

(B)such vessel is in use as a qualifying vessel during such period.

(2)A person is treated as operating and using a vessel that it has chartered out on bareboat charter terms only if—

(A)(i)the vessel is temporarily surplus to the person’s requirements and the term of the charter does not exceed 3 years, or

(ii)the vessel is bareboat chartered to a member of a controlled group which includes such person or to an unrelated person who sub-bareboats or time charters the vessel to such a member (including the owner of the vessel), and

(B)the vessel is used as a qualifying vessel by the person to whom ultimately chartered.

(c)For purposes of this section—

(1)Except as otherwise provided in this subsection, a corporation meets the shipping activity requirement of this subsection for any taxable year only if the requirement of paragraph (4) is met for each of the 2 preceding taxable years.

(2)A corporation meets the shipping activity requirement of this subsection for the first taxable year for which the election under section 1354(a) is in effect only if the requirement of paragraph (4) is met for the preceding taxable year.

(3)A corporation who is a member of a controlled group meets the shipping activity requirement of this subsection only if such requirement is met determined by treating all members of such group as 1 person.

(4)The requirement of this paragraph is met for any taxable year if, on average during such year, at least 25 percent of the aggregate tonnage of qualifying vessels used by the corporation were owned by such corporation or chartered to such corporation on bareboat charter terms.

(d)In applying this subchapter to a partner in a partnership—

(1)each partner shall be treated as operating vessels operated by the partnership,

(2)each partner shall be treated as conducting the activities conducted by the partnership, and

(3)the extent of a partner’s ownership, charter, or operating agreement interest in any vessel operated by the partnership shall be determined on the basis of the partner’s interest in the partnership.

(e)(1)For purposes of subsections (b) and (c), an electing corporation shall be treated as continuing to use a qualifying vessel during any period of temporary cessation if the electing corporation gives timely notice to the Secretary stating—

(A)that it has temporarily ceased to operate the qualifying vessel, and

(B)its intention to resume operating the qualifying vessel.

(2)Notice shall be deemed timely if given not later than the due date (including extensions) for the corporation’s tax return for the taxable year in which the temporary cessation begins.

(3)The period of temporary cessation under paragraph (1) shall continue until the earlier of the date on which—

(A)the electing corporation abandons its intention to resume operation of the qualifying vessel, or

(B)the electing corporation resumes operation of the qualifying vessel.

(f)(1)For purposes of this subchapter, an electing corporation shall be treated as continuing to use a qualifying vessel in the United States foreign trade during any period of temporary use in the United States domestic trade if the electing corporation gives timely notice to the Secretary stating—

(A)that it temporarily operates or has operated in the United States domestic trade a qualifying vessel which had been used in the United States foreign trade, and

(B)its intention to resume operation of the vessel in the United States foreign trade.

(2)Notice shall be deemed timely if given not later than the due date (including extensions) for the corporation’s tax return for the taxable year in which the temporary cessation begins.

(3)The period of temporary use under paragraph (1) continues until the earlier of the date on which—

(A)the electing corporation abandons its intention to resume operations of the vessel in the United States foreign trade, or

(B)the electing corporation resumes operation of the vessel in the United States foreign trade.

(4)Paragraph (1) shall not apply to any qualifying vessel which is operated in the United States domestic trade for more than 30 days during the taxable year.

(g)(1)If the electing corporation elects (at such time and in such manner as the Secretary may require) to apply this subsection for any taxable year to any qualifying vessel which is used in qualified zone domestic trade during the taxable year—

(A)solely for purposes of subsection (a)(4), such use shall be treated as use in United States foreign trade (and not as use in United States domestic trade), and

(B)subsection (f) shall not apply with respect to such vessel for such taxable year.

(2)In the case of a qualifying vessel to which this subsection applies—

(A)An electing corporation shall be treated as using such vessel in qualified zone domestic trade during any period of temporary use in the United States domestic trade (other than qualified zone domestic trade) if the electing corporation gives timely notice to the Secretary stating—

(i)that it temporarily operates or has operated in the United States domestic trade (other than qualified zone domestic trade) a qualifying vessel which had been used in the United States foreign trade or qualified zone domestic trade, and

(ii)its intention to resume operation of the vessel in the United States foreign trade or qualified zone domestic trade.

(B)Notice shall be deemed timely if given not later than the due date (including extensions) for the corporation’s tax return for the taxable year in which the temporary cessation begins.

(C)The period of temporary use under subparagraph (A) continues until the earlier of the date of which—

(i)the electing corporation abandons its intention to resume operations of the vessel in the United States foreign trade or qualified zone domestic trade, or

(ii)the electing corporation resumes operation of the vessel in the United States foreign trade or qualified zone domestic trade.

(D)Subparagraph (A) shall not apply to any qualifying vessel which is operated in the United States domestic trade (other than qualified zone domestic trade) for more than 30 days during the taxable year.

(3)In the case of a qualifying vessel to which this subsection applies, the Secretary shall prescribe rules for the proper allocation of income, expenses, losses, and deductions between the qualified shipping activities and the other activities of such vessel.

(4)For purposes of this subsection—

(A)The term “qualified zone domestic trade” means the transportation of goods or passengers between places in the qualified zone if such transportation is in the United States domestic trade.

(B)The term “qualified zone” means the Great Lakes Waterway and the St. Lawrence Seaway.

(h)The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Subsec. (f)(3). Pub. L. 115–141 substituted “on which” for “of which” in introductory provisions. 2006—Subsec. (a)(4). Pub. L. 109–432, § 413(a), substituted “6,000” for “10,000 (6,000, in the case of taxable years beginning after

December 31, 2005, and ending before

January 1, 2011)”. Pub. L. 109–222 inserted “(6,000, in the case of taxable years beginning after

December 31, 2005, and ending before

January 1, 2011)” after “10,000”. Subsecs. (g), (h). Pub. L. 109–432, § 415(a), added subsec. (g) and redesignated former subsec. (g) as (h). 2005—Subsec. (a)(8). Pub. L. 109–135, § 403(g)(1)(B), struck out heading and text of par. (8). Text read as follows: “The term ‘charter’ includes an operating agreement.” Subsec. (b)(1). Pub. L. 109–135, § 403(g)(1)(C), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “Except as provided in paragraph (2), a person is treated as operating any vessel during any period if such vessel is— “(A) owned by, or chartered (including a time charter) to, the person, and “(B) is in use as a qualifying vessel during such period.” Subsec. (c)(3). Pub. L. 109–135, § 403(g)(2), substituted “determined by treating all members of such group as 1 person.” for “determined— “(A) by treating all members of such group as 1 person, and “(B) by disregarding vessel charters between members of such group.” Subsec. (d)(3). Pub. L. 109–135, § 403(g)(1)(D), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “the extent of a partner’s ownership or charter interest in any vessel owned by or chartered to the partnership shall be determined on the basis of the partner’s interest in the partnership.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2006 Amendment Pub. L. 109–432, div. A, title IV, § 413(b), Dec. 20, 2006, 120 Stat. 2963, provided that: “The amendment made by this section [amending this section] shall take effect as if included in section 205 of the Tax Increase Prevention and Reconciliation Act of 2005 [Pub. L. 109–222].” Pub. L. 109–432, div. A, title IV, § 415(b), Dec. 20, 2006, 120 Stat. 2965, provided that: “The

Amendments

made by this section [amending this section] shall apply to taxable years beginning after the date of the enactment of this Act [Dec. 20, 2006].” Pub. L. 109–222, title II, § 205(b),

May 17, 2006, 120 Stat. 350, provided that: “The amendment made by subsection (a) [amending this section] shall apply to taxable years beginning after

December 31, 2005.”

Effective Date

of 2005 Amendment

Amendments

by Pub. L. 109–135 effective as if included in the provisions of the American Jobs Creation Act of 2004, Pub. L. 108–357, to which they relate, see section 403(nn) of Pub. L. 109–135, set out as a note under section 26 of this title.

Effective Date

Section applicable to taxable years beginning after Oct. 22, 2004, see section 248(c) of Pub. L. 108–357, set out as an

Effective Date

of 2004

Amendments

note under section 56 of this title.

§1355 Definitions and special rules

Summary

Title 26, §1355

Notes & Related Subsidiaries

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Statutory Notes and Related Subsidiaries

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