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§53510 Tax treatment of qualified withdrawals and basis of property

Title 46 › Subtitle Subtitle V— - Merchant Marine › Part Part C— - Financial Assistance Programs › Chapter CHAPTER 535— - CAPITAL CONSTRUCTION FUNDS › § 53510

Last updated Apr 6, 2026|Official source

Summary

Treat qualified withdrawals from a capital construction fund as coming first from the capital account, then from the capital gain account, and last from the ordinary income account. If money used to buy a vessel, barge, or container came from the ordinary income or capital gain accounts, reduce that vessel’s tax basis by the same amount. If a withdrawal to pay loan principal includes amounts from those accounts, apply the same basis reductions to vessels, barges, and containers owned by the fund owner in the order set by joint regulations; any leftover amount is a nonqualified withdrawal. If property whose basis was reduced is later sold, any gain up to the total basis reduction is treated as a withdrawal under section 53511(c)(1) on the sale date, unless a redeposit allowed by regulations restores the fund.

Full Legal Text

Title 46, §53510

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(a)A qualified withdrawal from a capital construction fund shall be treated as made—
(1)first from the capital account;
(2)second from the capital gain account; and
(3)third from the ordinary income account.
(b)If a portion of a qualified withdrawal for a vessel, barge, or container is made from the ordinary income account, the basis of the vessel, barge, or container shall be reduced by an amount equal to that portion.
(c)If a portion of a qualified withdrawal for a vessel, barge, or container is made from the capital gain account, the basis of the vessel, barge, or container shall be reduced by an amount equal to that portion.
(d)If a portion of a qualified withdrawal to pay the principal on indebtedness is made from the ordinary income account or the capital gain account, an amount equal to the total reduction that would be required by subsections (b) and (c) if the withdrawal were a qualified withdrawal for a purpose described in those subsections shall be applied, in the order provided in joint regulations, to reduce the basis of vessels, barges, and containers owned by the person maintaining the fund. The remaining amount of the withdrawal shall be treated as a nonqualified withdrawal.
(e)If property, the basis of which was reduced under subsection (b), (c), or (d), is disposed of, any gain realized on the disposition, to the extent it does not exceed the total reduction in the basis of the property under those subsections, shall be treated as an amount referred to in section 53511(c)(1) of this title withdrawn on the date of disposition of the property. Subject to conditions prescribed in joint regulations, this subsection does not apply to a disposition if there is a redeposit, in an amount determined under joint regulations, that restores the fund as far as practicable to the position it was in before the withdrawal.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5351046 App.:1177(g).June 29, 1936, ch. 858, title VI, § 607(g); 49 Stat. 2005; June 23, 1938, ch. 600, §§ 23–28, 52 Stat. 960; Aug. 4, 1939, ch. 417, § 10, 53 Stat. 1185; July 17, 1952, ch. 939, §§ 17–19, 66 Stat. 764; Pub. L. 85–637, Aug. 14, 1958, 72 Stat. 216; Pub. L. 86–518, § 1, June 12, 1960, 74 Stat. 216; Pub. L. 87–45, § 6, May 27, 1961, 75 Stat. 91; Pub. L. 87–271, Sept. 21, 1961, 75 Stat. 570; restated Pub. L. 91–469, § 21(a), Oct. 21, 1970, 84 Stat. 1029; Pub. L. 99–514, title II, § 261(e)(5), Oct. 22, 1986, 100 Stat. 2215.

Reference

Citations & Metadata

Citation

46 U.S.C. § 53510

Title 46Shipping

Last Updated

Apr 6, 2026

Release point: 119-73