preview

Tax On Gross Transportation Income Essay

Decent Essays

Today, Section 883, Exclusions from Gross Income, is still the life rath that cruise companies cling to save and protect their income from standard U.S. taxation. Since its inception,
(a)(1) Ships Operated by certain foreign corporations.
Gross income derived by a corporation organized in a foreign country from the international operation of a ship or ships if such foreign country grants an equivalent exemption to corporations organized in the United States.
Since, Section 883 ultimately provides a safe harbor for cruise companies, Section 887 at least captures some taxes with the “Imposition of tax on gross Transportation income of Nonresident Aliens and Foreign Corporations.” This section of the Code provides, “When there is a nonresident individual or foreign corporation that has United States source gross transportation income for such taxable year, there shall be a 4% tax.”

883(a)(5) provides for a special rule that does not take into account any failure of a foreign country to grant an exemption to a corporation organized in the United States if the corporation is subject to tax by the foreign country on a residence basis pursuant to provisions with the foreign law. Simply put, if a foreign country neglected to tax a United States corporation who qualifies to be a resident of the country, it is not factored into the tax treatment from the United States.
Today, cruise companies incorporated abroad have benefited tremendously from the United States’ treatment of

Get Access