---
kind: "section"
citation: "46 U.S.C. § 53306"
title: "46"
title_heading: "Shipping"
number: "53306"
heading: "Recognition of gain for tax purposes"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/53306"
units:
  - "Subtitle V — Merchant Marine"
  - "Part C — Financial Assistance Programs"
  - "Chapter 533 — Construction Reserve Funds"
---

# §53306. Recognition of gain for tax purposes

- (a) **Definitions.—** In this section, the terms “net proceeds” and “net indemnity” mean the sum of—
  - (1) the adjusted basis of the [vessel](/usc/46/53501.md?p=9); and
  - (2) the amount of gain the taxpayer would recognize without regard to this section.
- (b) **Recognition of Gain.—** In computing net income under the income or excess profits tax laws of the [United States](/usc/46/53101.md?p=10), a taxpayer does not recognize a gain on the sale or the actual or constructive total loss of a [vessel](/usc/46/53501.md?p=9) if the taxpayer—
  - (1) deposits an amount equal to the net proceeds of the sale or the net indemnity for the loss in a [construction](/usc/46/53701.md?p=3) reserve fund within 60 days after receiving the payment of proceeds or indemnity; and
  - (2) elects under this section not to recognize the gain.
- (c) **When Election Must Be Made.—**
  - (1) **In general.—** Except as provided in [paragraph (2)](#c-2), the taxpayer must make the election referred to in [subsection (b)](#b) in the taxpayer’s income tax return for the taxable year in which the gain was realized.
  - (2) **Receipt after taxable year.—** If the [vessel](/usc/46/53501.md?p=9) is bought or requisitioned by the [United States](/usc/46/53101.md?p=10) Government, or is lost, and the taxpayer receives payment for the [vessel](/usc/46/53501.md?p=9) or indemnity for the loss from the Government after the end of the taxable year in which it was bought, requisitioned, or lost, the taxpayer must make the election referred to in [subsection (b)](#b) within 60 days after receiving the payment or indemnity, on a form prescribed by the [Secretary](/usc/46/53101.md?p=8) of the Treasury.
- (d) **Effect of Statute of Limitation.—** If the taxpayer makes an election under [subsection (c)(2)](#c-2), and computation or recomputation under this section is otherwise allowable but is prevented by a statute of limitation on the date the election is made or within 6 months thereafter, the computation or recomputation nevertheless shall be made notwithstanding the statute if the taxpayer files a claim for the computation or recomputation within 6 months after the date of making the election.

## Source credit

(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1588.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 53306 | 46 App.:1161(c). | June 29, 1936, ch. 858, title V, § 511(c), as added Oct. 10, 1940, ch. 849, 54 Stat. 1106; June 17, 1943, ch. 130, subdiv. (b), 57 Stat. 157; Dec. 23, 1944, ch. 714, § 1, 58 Stat. 920; July 17, 1952, ch. 939, § 10, 66 Stat. 762. |

In subsection (c)(2), the words “in any taxable year beginning after December 31, 1939” are omitted as obsolete. The words “prescribed by the Secretary of the Treasury” are substituted for “prescribed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury” for consistency in the revised title and with other titles of the United States Code. See 26 U.S.C. 7805.