26 USC 1356 - Qualifying shipping activities

U.S Code last checked for updates: Nov 26, 2024

§ 1356.

Qualifying shipping activities

(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.

(b)

Core qualifying activities

(c)

Qualifying secondary activities

For purposes of this section—

(1)

In general

(2)

Secondary 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.

(d)

Qualifying incidental 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.

(e)

Application of gross income tests in case of electing group

(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.)

cite as: 26 USC 1356