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§53508 Separate Accounts Within a Fund

Title 46 › Subtitle Subtitle V— Merchant Marine › Part C— Financial Assistance Programs › Chapter 535— CAPITAL CONSTRUCTION FUNDS › § 53508

Last updated Apr 5, 2026|Official source

Summary

Require a capital construction fund to keep three separate accounts. The capital account holds certain long-term contributions and gains (but not any gains excluded under 53507(a)(2)), plus the percentage of dividends allowed under 26 U.S.C. 243(a)(1) and interest that is tax‑exempt under 26 U.S.C. 103. The capital gain account holds capital gains from assets owned more than 6 months minus capital losses on assets owned more than 6 months. The ordinary income account holds amounts like those in 53505(a)(1), short‑term gains (assets held not more than 6 months) minus short‑term losses, ordinary interest and other regular income (except the tax‑exempt interest above), ordinary income from certain transactions, and the part of dividends not put in the capital account. Capital losses for long‑term or short‑term assets can only offset gains in the same account, unless the fund is ended.

Full Legal Text

Title 46, §53508

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(a)A capital construction fund shall have three accounts:
(1)The capital account.
(2)The capital gain account.
(3)The ordinary income account.
(b)The capital account shall consist of—
(1)amounts referred to in section 53505(a)(2) of this title;
(2)amounts referred to in section 53505(a)(3) of this title, except that portion representing a gain not taken into account because of section 53507(a)(2) of this title;
(3)the percentage applicable under section 243(a)(1) of the Internal Revenue Code of 1986 (26 U.S.C. 243(a)(1)) of any dividend received by the fund for which the person maintaining the fund would be allowed (were it not for section 53507(a)(3) of this title) a deduction under section 243 of such Code (26 U.S.C. 243); and
(4)interest income exempt from taxation under section 103 of such Code (26 U.S.C. 103).
(c)The capital gain account shall consist of—
(1)amounts representing capital gains on assets held for more than 6 months and referred to in section 53505(a)(3) or (4) of this title; minus
(2)amounts representing capital losses on assets held in the fund for more than 6 months.
(d)The ordinary income account shall consist of—
(1)amounts referred to in section 53505(a)(1) of this title;
(2)(A)amounts representing capital gains on assets held for not more than 6 months and referred to in section 53505(a)(3) or (4) of this title; minus
(B)amounts representing capital losses on assets held in the fund for not more than 6 months;
(3)interest (except tax-exempt interest referred to in subsection (b)(4)) and other ordinary income (except any dividend referred to in paragraph (5)) received on assets held in the fund;
(4)ordinary income from a transaction described in section 53505(a)(3) of this title; and
(5)that portion of any dividend referred to in subsection (b)(3) not taken into account under subsection (b)(3).
(e)Except on termination of a fund, capital losses referred to in subsection (c) or (d)(2) shall be allowed only as an offset to gains referred to in subsection (c) or (d)(2), respectively.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5350846 App.:1177(e).June 29, 1936, ch. 858, title VI, § 607(e), 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. 1028; Pub. L. 99–514, title II, § 261(e)(3), (4), Oct. 22, 1986, 100 Stat. 2215.

Reference

Citations & Metadata

Citation

46 U.S.C. § 53508

Title 46Shipping

Last Updated

Apr 5, 2026

Release point: 119-73not60