2017 US Code
Title 26 - Internal Revenue Code
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
Sec. 1356 - Qualifying shipping activities
| 26 U.S.C. § 1356 (2017) |
| §1356. Qualifying shipping activities |
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(a) Qualifying shipping activities
For purposes of this subchapter, the term "qualifying shipping activities" means— (1) core qualifying activities, (2) qualifying secondary activities, and (3) qualifying incidental activities. For purposes of this subchapter, the term "core qualifying activities" means activities in operating qualifying vessels in United States foreign trade. (c) Qualifying secondary activitiesFor purposes of this section— (1) In generalThe term "qualifying secondary activities" means secondary activities but only to the extent that, without regard to this subchapter, the gross income derived by such corporation from such activities does not exceed 20 percent of the gross income derived by the corporation from its core qualifying activities. The term "secondary activities" means— (A) the active management or operation of vessels other than qualifying vessels in the United States foreign trade, (B) the provision of vessel, barge, container, or cargo-related facilities or services to any person, (C) other activities of the electing corporation and other members of its electing group that are an integral part of its business of operating qualifying vessels in United States foreign trade, including— (i) ownership or operation of barges, containers, chassis, and other equipment that are the complement of, or used in connection with, a qualifying vessel in United States foreign trade, (ii) the inland haulage of cargo shipped, or to be shipped, on qualifying vessels in United States foreign trade, and (iii) the provision of terminal, maintenance, repair, logistical, or other vessel, barge, container, or cargo-related services that are an integral part of operating qualifying vessels in United States foreign trade, and (D) such other activities as may be prescribed by the Secretary pursuant to regulations. Such term shall not include any core qualifying activities. For purposes of this section, the term "qualified incidental activities" means shipping-related activities if— (1) they are incidental to the corporation's core qualifying activities, (2) they are not qualifying secondary activities, and (3) without regard to this subchapter, the gross income derived by such corporation from such activities does not exceed 0.1 percent of the corporation's gross income from its core qualifying activities. In the case of an electing group, subsections (c)(1) and (d)(3) shall be applied as if such group were 1 entity, and the limitations under such subsections shall be allocated among the corporations in such group. |
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(Added Pub. L. 108–357, title II, §248(a), Oct. 22, 2004, 118 Stat. 1454; amended Pub. L. 109–135, title IV, §403(g)(3), Dec. 21, 2005, 119 Stat. 2624.) |
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AMENDMENTS
2005—Subsec. (c)(2). Pub. L. 109–135, §403(g)(3)(B), inserted concluding provisions. Subsec. (c)(3). Pub. L. 109–135, §403(g)(3)(A), struck out heading and text of par. (3). Text read as follows: "(A) In general.—Such term shall not include any core qualifying activities. "(B) Nonelecting corporations.—In the case of a corporation (other than an electing corporation) which is a member of an electing group, any core qualifying activities of the corporation shall be treated as qualifying secondary activities (and not as core qualifying activities)." EFFECTIVE DATE OF 2005 AMENDMENTAmendments by Pub. L. 109–135 effective as if included in the provisions of the American Jobs Creation Act of 2004, Pub. L. 108–357, to which they relate, see section 403(nn) of Pub. L. 109–135, set out as a note under section 26 of this title. EFFECTIVE DATESection 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. |
| United States Code, 2012 Edition, Supplement 5, Title 26 - INTERNAL REVENUE CODE |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 26 - INTERNAL REVENUE CODE 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 Sec. 1356 - Qualifying shipping activities |
| section 1356 |
| 2017 |
| January 12, 2018 |
| No |
| standard |
| 118 Stat. 1454 119 Stat. 2624 |
| Public Law 108-357, Public Law 109-135 |
