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

Summary

Avoid reporting gain on your federal income tax when you sell a vessel or suffer a total loss if you follow two rules. First, within 60 days after you get the sale money or indemnity, put an amount equal to the "net proceeds" into a construction reserve fund. "Net proceeds" and "net indemnity" mean the vessel’s adjusted basis plus the gain you would have reported without this rule. Second, choose (elect) not to recognize the gain. Make that election on your tax return for the year the gain happened. If the United States bought or requisitioned the vessel, or you got payment after the tax year when it was bought or lost, make the election within 60 days of getting the payment on a form the Treasury Secretary provides. If a time limit would otherwise stop a required recomputation, you can still get the recomputation 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