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Code of Federal Regulations Title 46. Shipping § 46.287.1 Definitions

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(a) As used in the regulations in this part, except as otherwise expressly provided—

(1) Act means the Merchant Marine Act, 1936, as amended (46 U.S.C., ch. 27).

(2) Section means one of the sections of the regulations in this part.

(3) Administration means the Maritime Administration of the Department of Transportation.

(4) Citizen means a person who, if an individual, was born or naturalized as a citizen of the United States or, if other than an individual, meets the requirements of section 905(c) of the Act and section 2 of the Shipping Act, 1916, as amended (46 U.S.C. 802).

(5) Taxpayer means a citizen who has established or seeks to establish a construction reserve fund under the provisions of section 511 of the Act and the regulations in this part, and may include a partnership.

(6) Corporation includes associations, joint-stock companies and insurance companies.

(7) Stock includes the shares in an association, joint-stock company, or insurance company.

(8) Affiliate or associate means a person directly or indirectly controlling, controlled by, or under common control with, another person.

(9) Control, as used in paragraph (a)(8) of this section, means the possession of the power to direct in any manner the management and policies of a person, and the terms controlling and controlled shall have the meanings correlative to the foregoing.

(10) Person means an individual, a corporation, a partnership, an association, an estate, a trust, or a company.

(11) Partnership includes a syndicate, group, pool, joint venture, or other unincorporated organization.

(12) Construction, if so determined by the Administration, shall include reconstruction and reconditioning.

(13) Reconstruction and reconditioning shall include the reconstruction, reconditioning, or modernization of a vessel for exclusive use on the Great Lakes, including the Saint Lawrence River and Gulf, if the Administration determines that the objectives of the Act will be promoted by such reconstruction, reconditioning, or modernization, and, notwithstanding any other provisions of law, such vessel shall be deemed to be a new vessel within the meaning of section 511 of the Act for such reconstruction, reconditioning, or modernization.

(14) Purchase-money indebtedness means any indebtedness, or evidence thereof, created as the result of the purchase of a vessel by the taxpayer.

(15) Contract, contract for the construction, and construction contract shall include, if so determined by the Administration, a contract for reconstruction or reconditioning and shall include, in the case of a taxpayer who constructs a new vessel in a shipyard owned by such taxpayer, an agreement, between such taxpayer and the Administration with respect to such construction, and containing provisions deemed necessary or advisable by the Administration to carry out the purposes and policy of section 511 of the Act.

(b) Insofar as the computation and collection of taxes are concerned, other terms used in the regulations in this part, except as otherwise provided, have the same meaning as in the Internal Revenue Code and the regulations thereunder.

Cite this article: - Code of Federal Regulations Title 46. Shipping § 46.287.1 Definitions - last updated October 03, 2022 |

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