Pub. L. 94-12, tit. VI, sec. 601

TREATMENT FOR PURPOSES OF THE INVESTMENT CREDIT OF CERTAIN PROPERTY USED IN INTERNATIONAL OR TERRITORIAL WATERS.

EnactedYear: 1975Length: 342 wordsOfficial source
SEC. 601. TREATMENT FOR PURPOSES OF THE INVESTMENT CREDIT OF CERTAIN PROPERTY USED IN INTERNATIONAL OR TERRITORIAL WATERS. (a) Amendment to 1954 Code.— (1) In general.— Clause (x) of section 48(a)(2)(B) (relating to property used outside the United States) is amended by striking out “territorial waters” ami inserting in lieu thereof “territorial waters within the northern portion of the Western Hemisphere”. (2) Definition.— Subparagraph (B) of section 48(a)(2) is amended by adding at the end thereof the following new sentence: “For purposes of clause (x), the term ‘northern portion of the Western Hemisphere’ means the area lying west of the 30th meridian west of Greenwich, east of the international dateline, and north of the Equator, but not including any foreign country which is a country of South America.”. (b) Effective Date.— (1) In general.— The amendments made by subsection (a) shall apply to property, the construction, reconstruction, or erection of which was completed after March 18, 1975, or the acquisition of which by the taxpayer occurred after such date. (2) Binding contract.— The amendments made by subsection (a) shall not apply to property constructed, reconstructed, erected, or acquired pursuant to a contract which was on April 1, 1974, and at all times thereafter, binding on the taxpayer. (3) Certain lease-back transactions, etc.— Where a person who is a party to a binding contract described in paragraph (2) transfers rights in such contract (or in the property to which such contract relates) to another person but a party to such contract retains a right to use the property under a lease with such other person, then to the extent of the transferred rights such other person shall, for purposes of paragraph (2), succeed to the position of the transferor with respect to such binding contract and such property. The preceding sentence shall apply, in any case in which the lessor does not make an election under section 48(d) of the Internal Revenue Code of 1954, only if a party to such contract retains a right to use the property under a long-term lease.
Pub. L. 94-12, tit. VI, sec. 601: TREATMENT FOR PURPOSES OF THE INVESTMENT CREDIT OF CERTAIN PROPERTY USED IN INTERNATIONAL OR TERRITORIAL WATERS. | Justis AI