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§53311 Taxation of Deposits on Failure of Conditions

Title 46 › Subtitle Subtitle V— Merchant Marine › Part C— Financial Assistance Programs › Chapter 533— CONSTRUCTION RESERVE FUNDS › § 53311

Last updated Apr 5, 2026|Official source

Summary

If a gain is put into a deposit but would otherwise be taxable in the year it happened, the taxpayer must count that gain as income for that year (except for the declared value excess profits tax and the capital stock tax) when any of these occur. The money isn't spent or committed within the time allowed under section 53310, it is taken out before that time ends, the related construction isn't at least 5 percent complete within that time, or the Secretary of Transportation tells the Treasury Secretary that, because of reasons the taxpayer controlled, the whole construction wasn't finished with reasonable speed.

Full Legal Text

Title 46, §53311

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A deposited gain, if otherwise taxable income under the law applicable to the taxable year in which the gain was realized, shall be included in gross income for that taxable year, except for purposes of the declared value excess profits tax and the capital stock tax, if—
(1)the deposited gain is not expended or obligated within the appropriate period under section 53310 of this title;
(2)the deposited gain is withdrawn before the end of that period;
(3)the construction related to that deposited gain has not progressed to the extent of 5 percent of completion within the appropriate period under section 53310 of this title; or
(4)the Secretary of Transportation finds and certifies to the Secretary of the Treasury that, for causes within the control of the taxpayer, the entire construction related to that deposited gain is not completed with reasonable dispatch.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5331146 App.:1161(i).June 29, 1936, ch. 858, title V, § 511(i), as added Oct. 10, 1940, ch. 849, 54 Stat. 1107; July 17, 1952, ch. 939, § 13(b), 66 Stat. 764; Pub. L. 97–31, § 12(92)(A), Aug. 6, 1981, 95 Stat. 161. The last sentence of 46 App. U.S.C. 1161(i) is omitted as obsolete.

Reference

Citations & Metadata

Citation

46 U.S.C. § 53311

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Last Updated

Apr 5, 2026

Release point: 119-73not60