Title 26, Internal Revenue CodeRelease 119-110

§1357 Items Not Subject to Regular Tax; Depreciation; Interest

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 › § 1357

Last updated Sep 22, 2026|Official source

Summary

If a corporation chooses this tax option, it does not have to count income from qualifying shipping activities as taxable income. A corporation that is part of an electing group also does not count its own qualifying shipping income. Losses, most deductions, and tax credits tied to that excluded shipping income are not allowed. But when you figure gain on a qualifying vessel, you must treat its basis as if depreciation had been allowed. The straight‑line method is used for that depreciation unless the vessel was under a charter signed before this part of the law was enacted. Interest expense is partly disallowed: deny the share equal to the fair market value of qualifying vessels divided by total assets for the electing company, or divided by the electing group’s total assets for a group member.

Full Legal Text

Title 26, §1357

Internal Revenue Code, Source: USLM XML via OLRC

(a)Exclusion from gross income
Gross income of an electing corporation shall not include its income from qualifying shipping activities.
(b)Electing group member
Gross income of a corporation (other than an electing corporation) which is a member of an electing group shall not include its income from qualifying shipping activities conducted by such member.
(c)Denial of losses, deductions, and credits
(1)General rule
Subject to paragraph (2), each item of loss, deduction (other than for interest expense), or credit of any taxpayer with respect to any activity the income from which is excluded from gross income under this section shall be disallowed.
(2)Depreciation
(A)In general
Notwithstanding paragraph (1), the adjusted basis (for purposes of determining gain) of any qualifying vessel shall be determined as if the deduction for depreciation had been allowed.
(B)Method
(i)In general
Except as provided in clause (ii), the straight-line method of depreciation shall apply to qualifying vessels the income from operation of which is excluded from gross income under this section.
(ii)Exception
Clause (i) shall not apply to any qualifying vessel which is subject to a charter entered into before the date of the enactment of this subchapter.
(3)Interest
(A)In general
Except as provided in subparagraph (B), the interest expense of an electing corporation shall be disallowed in the ratio that the fair market value of such corporation’s qualifying vessels bears to the fair market value of such corporation’s total assets.
(B)Electing group
In the case of a corporation which is a member of an electing group, the interest expense of such corporation shall be disallowed in the ratio that the fair market value of such corporation’s qualifying vessels bears to the fair market value of the electing groups total assets.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of the enactment of this subchapter, referred to in subsec. (c)(2)(B)(ii), is the date of enactment of Pub. L. 108–357, which was approved Oct. 22, 2004.

Statutory Notes and Related Subsidiaries

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. § 1357

Title 26, Internal Revenue Code

Last Updated

Sep 22, 2026

Release point: 119-110