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LegalText 26 U.S.C. § 1353 Notional shipping income us united_states_code code_section 26 INTERNAL REVENUE CODE 1 NORMAL TAXES AND SURTAXES 1353 26 U.S.C. § 1353 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc26@119-100.zip /us/usc/t26/s1353 data/legal/raw/us/code/title-26/usc26.xml 7975d9168397922826bd136efc2542815c37357bd0d632731712e96e1154694f a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 63190093631b2a93916f5d778fdc0d3195d224bed96127356c3946b2eed76b08 2026-07-04 official
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26 U.S.C. § 1353 - Notional shipping income

Text

(a) In general For purposes of this subchapter, the notional shipping income of an electing corporation shall be the sum of the amounts determined under subsection (b) for each qualifying vessel operated by such electing corporation.

(b) Amounts (1) In general For purposes of subsection (a), the amount of notional shipping income of an electing corporation for each qualifying vessel for the taxable year shall equal the product of—

(A) the daily notional shipping income, and

(B) the number of days during the taxable year that the electing corporation operated such vessel as a qualifying vessel in United States foreign trade.

(2) Treatment of vessels the income from which is not otherwise subject to tax In the case of a qualifying vessel any of the income from which is not included in gross income by reason of section 883 or otherwise, the amount of notional shipping income from such vessel for the taxable year shall be the amount which bears the same ratio to such shipping income (determined without regard to this paragraph) as the gross income from the operation of such vessel in the United States foreign trade bears to the sum of such gross income and the income so excluded.

(c) Daily notional shipping income For purposes of subsection (b), the daily notional shipping income from the operation of a qualifying vessel is—

(1) 40 cents for each 100 tons of so much of the net tonnage of the vessel as does not exceed 25,000 net tons, and

(2) 20 cents for each 100 tons of so much of the net tonnage of the vessel as exceeds 25,000 net tons.

(d) Multiple operators of vessel If for any period 2 or more persons are operators of a qualifying vessel, the notional shipping income from the operation of such vessel for such period shall be allocated among such persons on the basis of their respective ownership, charter, and operating agreement interests in such vessel or on such other basis as the Secretary may prescribe by regulations.

(Added Pub. L. 108357, title II, § 248(a), Oct. 22, 2004, 118 Stat. 1450; amended Pub. L. 109135, title IV, § 403(g)(1)(A), Dec. 21, 2005, 119 Stat. 2624.)

Notes

Editorial Notes

Amendments2005—Subsec. (d). Pub. L. 109135 substituted “ownership, charter, and operating agreement interests” for “ownership and charter interests”.

Statutory Notes and Related Subsidiaries

Effective Date of 2005 AmendmentAmendment by Pub. L. 109135 effective as if included in the provision of the American Jobs Creation Act of 2004, Pub. L. 108357, to which such amendment relates, see section 403(nn) of Pub. L. 109135, 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. 108357, set out as an Effective Date of 2004 Amendments note under section 56 of this title.