Title 26, Internal Revenue CodeRelease 119-110

§1354 Alternative Tax Election; Revocation; Termination

Title 26 › Subtitle A — Income Taxes › CHAPTER 1 — NORMAL TAXES AND SURTAXES › Subchapter R — Election To Determine Corporate Tax on Certain International Shipping Activities Using Per Ton Rate › § 1354

Last updated Sep 22, 2026|Official source

Summary

A qualifying vessel operator may choose to use these special tax rules. The choice must be made in the form the Secretary requires. It takes effect for the tax year you make it and for later years until it ends. You must make the choice by the due date for your tax return, including extensions. If one member of a controlled group makes the choice, it covers all qualifying vessel operators in that group. You can end the choice by revoking it. If you revoke on or before the 15th day of the 4th month of the tax year, the revocation works from the 1st day of that tax year. If you revoke after that day, it works from the 1st day of the next tax year. A revocation can name a future date on or after the day it is made to take effect then. The choice also ends when the corporation stops being a qualifying vessel operator, effective on the date it stops. The Secretary will set rules for annualizing in that situation. After a termination, the operator (and any successor) cannot make the choice again for any tax year before its 5th taxable year that begins after the first tax year the termination is effective, unless the Secretary agrees.

Full Legal Text

Title 26, §1354

Internal Revenue Code, Source: USLM XML via OLRC

(a)In general
A qualifying vessel operator may elect the application of this subchapter.
(b)Time and manner; years for which effective
An election under this subchapter—
(1)shall be made in such form as prescribed by the Secretary, and
(2)shall be effective for the taxable year for which made and all succeeding taxable years until terminated under subsection (d).
Such election may be effective for any taxable year only if made on or before the due date (including extensions) for filing the corporation’s return for such taxable year.
(c)Consistent elections by members of controlled groups
An election under subsection (a) by a member of a controlled group shall apply to all qualifying vessel operators that are members of such group.
(d)Termination
(1)By revocation
(A)In general
An election under subsection (a) may be terminated by revocation.
(B)When effective
Except as provided in subparagraph (C)—
(i)a revocation made during the taxable year and on or before the 15th day of the 4th month thereof shall be effective on the 1st day of such taxable year, and
(ii)a revocation made during the taxable year but after such 15th day shall be effective on the 1st day of the following taxable year.
(C)Revocation may specify prospective date
If the revocation specifies a date for revocation which is on or after the day on which the revocation is made, the revocation shall be effective for taxable years beginning on and after the date so specified.
(2)By person ceasing to be qualifying vessel operator
(A)In general
An election under subsection (a) shall be terminated whenever (at any time on or after the 1st day of the 1st taxable year for which the corporation is an electing corporation) such corporation ceases to be a qualifying vessel operator.
(B)When effective
Any termination under this paragraph shall be effective on and after the date of cessation.
(C)Annualization
The Secretary shall prescribe such annualization and other rules as are appropriate in the case of a termination under this paragraph.
(e)Election after termination
If a qualifying vessel operator has made an election under subsection (a) and if such election has been terminated under subsection (d), such operator (and any successor operator) shall not be eligible to make an election under subsection (a) for any taxable year before its 5th taxable year which begins after the 1st taxable year for which such termination is effective, unless the Secretary consents to such election.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2015—Subsec. (d)(1)(B)(i). Pub. L. 114–41 substituted “4th month” for “3d month”. 2005—Subsec. (b). Pub. L. 109–135 inserted “on or” after “only if made” in concluding provisions.

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment by Pub. L. 114–41 applicable to returns for taxable years beginning after Dec. 31, 2015, with special rule for certain C corporations, see section 2006(a)(3) of Pub. L. 114–41, set out as a note under section 170 of this title.

Effective Date

of 2005 AmendmentAmendment by Pub. L. 109–135 effective as if included in the provision of the American Jobs Creation Act of 2004, Pub. L. 108–357, to which such amendment relates, 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.

Reference

Citations & Metadata

Citation

26 U.S.C. § 1354

Title 26, Internal Revenue Code

Last Updated

Sep 22, 2026

Release point: 119-110