§53306 — Title 46 Shipping | U.S. Code

Summary

You do not have to report a taxable gain when you sell a vessel or it is totally lost if you put the money into a construction reserve fund within 60 days and you choose not to recognize the gain on your tax return. "Net proceeds" means the vessel’s adjusted basis plus the gain that would have been recognized. "Net indemnity" means the same for a payment received for a loss. Make the choice on the income tax return for the year the gain happened. If the United States bought, requisitioned, or paid you after that tax year, you must make the choice within 60 days after getting the payment on a form the Treasury prescribes. If you make that late election and a statute of limitation would stop a recomputation, the recomputation must still be done if you file a claim within 6 months after making the election.

Title 46, §53306

Shipping — Source: USLM XML via OLRC

(a)In this section, the terms “net proceeds” and “net indemnity” mean the sum of—

(1)the adjusted basis of the vessel; and

(2)the amount of gain the taxpayer would recognize without regard to this section.

(b)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—

(1)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

(2)elects under this section not to recognize the gain.

(c)(1)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.

(2)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.

(d)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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5330646 App.:1161(c).June 29, 1936, ch. 858, title V, § 511(c), as added Oct. 10, 1940, ch. 849, 54 Stat. 1106; June 17, 1943, ch. 130, subdiv. (b), 57 Stat. 157; Dec. 23, 1944, ch. 714, § 1, 58 Stat. 920; July 17, 1952, ch. 939, § 10, 66 Stat. 762. In subsection (c)(2), the words “in any taxable year beginning after December 31, 1939” are omitted as obsolete. The words “prescribed by the Secretary of the Treasury” are substituted for “prescribed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury” for consistency in the revised title and with other titles of the United States Code. See 26 U.S.C. 7805.

§53306 Recognition of gain for tax purposes

Summary

Title 46, §53306

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata