Alternative Tax on Qualifying Shipping Activities

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Instructions for Form 8902

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16:32 - 27-NOV-2007

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Department of the Treasury
Internal Revenue Service

Instructions for Form 8902
(Rev. December 2007)
Alternative Tax on Qualifying Shipping Activities
Section references are to the Internal
Revenue Code unless otherwise noted.

General Instructions
Purpose of Form
Form 8902 is used by qualifying vessel
operators (defined below) who are
making an alternative tax election under
section 1354(a) or who have made such
an election previously. The form is used
to make such an election or report the
termination of such an election, to report
information relating to such an election,
and to compute the alternative tax.

Who Must File
Form 8902 must be filed by a qualifying
vessel operator (defined below) who is
making an alternative tax election under
section 1354(a) or who is reporting the
termination of such an election. The form
must also be used by a qualifying vessel
operator who has a valid election in effect
to report information pertaining to that
election and to compute the alternative
tax.

How To File
File Form 8902 by attaching it to the
corporation’s Form 1120 or Form 1120-F.

Definitions
Qualifying vessel operator. The term
“qualifying vessel operator” means any
corporation that operates one or more
qualifying vessels and meets the shipping
activity requirement. See the definitions of
these terms below.
Operating a vessel. Except as provided
in the definition of bareboat charters
below, a person is treated as operating
any vessel during any period if:
• Such vessel is owned by, or chartered
(including a time charter) to, the person,
or the person provides services for such
vessel pursuant to an operating
agreement, and
• Such vessel is in use as a qualifying
vessel during such period.
Qualifying vessel. A self-propelled (or
combination self-propelled and
non-self-propelled) U.S. flag vessel of not
less than 6,000 deadweight tons used
exclusively in the U.S. foreign trade
during the period the election is in effect.
Shipping activity requirement. A
corporation meets this requirement for
any tax year only if the following

requirement is met for each of the two
preceding tax years: On average during
the tax year, at least 25% of the
aggregate tonnage of qualifying vessels
used by the corporation was owned by
such corporation or chartered to such
corporation on bareboat charter terms
(see definition below).
Special rule for first year of election.
A corporation meets this requirement for
the first tax year for which this election is
in effect only if this requirement is met for
the preceding tax year.
Controlled groups. A corporation
that is a member of a controlled group
meets this requirement only if such
requirement is met when determined by
treating all members of such group as
one person.
Bareboat charters. A person is treated
as operating and using a vessel that it
has chartered out on bareboat charter
terms only if:
• The vessel is (a) temporarily surplus to
the person’s requirements and the term of
the charter does not exceed 3 years or (b)
bareboat chartered to a member of a
controlled group which includes such
person or to an unrelated person who
sub-bareboats or time charters the vessel
to such a member (including the owner of
the vessel) and
• The vessel is used as a qualifying
vessel by the person to whom ultimately
chartered.

A similar rule applies to other
pass-through entities.

Specific Instructions
Part I. Section 1354
Election or Termination
Item B
A corporation must make the alternative
tax election on or before the due date
(including extensions of time to file) of the
income tax return for the tax year for
which the election is made.
Election by a member of a controlled
group. An election under section
1354(a) by a member of a controlled
group applies to all qualifying vessel
operators that are members of such
group.

Item C
Generally, a revocation of an election
under section 1354(a) made:
• On or before the 15th day of the third
month of the tax year will be effective on
the first day of that tax year.
• After the 15th day of the third month of
the tax year will be effective the first day
of the following tax year.

U.S. foreign trade. The term “U.S.
foreign trade” means the transportation of
goods or passengers between a place in
the United States and a foreign place or
between foreign places.

However, if the revocation specifies a
date for revocation that is on or after the
day on which the revocation is made, the
revocation will be effective for tax years
beginning on and after the date of
revocation specified.

See section 1355 for more definitions
and special rules that apply with respect
to the above definitions.

Item D

Partnerships and Other
Pass-Through Entities
In applying these rules to a partner in a
partnership:
• Each partner is treated as operating
vessels operated by the partnership,
• Each partner is treated as conducting
the activities conducted by the
partnership, and
• The extent of a partner’s ownership,
charter, or operating agreement interest
in any vessel operated by the partnership
will be determined on the basis of the
partner’s interest in the partnership.
Cat. No. 39897X

An election under section 1354(a) will be
terminated effective on and after the date
the corporation ceases to be a qualifying
vessel operator.
Election after termination. If a
qualifying vessel operator made the
election under section 1354(a) and
subsequently revoked the election (Item
C) or ceased to be a qualifying vessel
operator (Item D), that operator (and any
successor operator) is not eligible to
make another section 1354(a) election for
any tax year before the 5th tax year that
begins after the 1st tax year for which the
termination is effective, unless the IRS
consents to the election.

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Instructions for Form 8902

16:32 - 27-NOV-2007

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Part II. Other Information
Question E
The term “electing group” means a
controlled group of which one or more
members is an electing corporation.
The term “controlled group” means any
group which would be treated as a single
employer under section 52(a) or (b) if
sections 52(a)(1) and (2) did not apply.

Line G(1). Core qualifying
activities
Enter on line G(1) the corporation’s gross
income from core qualifying activities.
Attach a schedule.
For purposes of this election, the term
“core qualifying activities” means activities
in operating qualifying vessels in United
States foreign trade.

Line G(2). Qualifying secondary
activities
For purposes of this election, the term
‘‘qualifying secondary activities’’ means
secondary activities (defined below) but
only to the extent that the gross income
derived by the corporation from such
activities does not exceed 20% of the
gross income derived by the corporation
from its core qualifying activities.
Secondary activities. The term
‘‘secondary activities’’ means:
• The active management or operation of
vessels other than qualifying vessels in
the U.S. foreign trade,
• The provision of vessel, barge,
container, or cargo-related facilities or
services to any person,
• Other activities of the electing
corporation and other members of its
electing group that are an integral part of
its business of operating qualifying
vessels in U.S. foreign trade, including:
1. Ownership or operation of barges,
containers, chassis, and other equipment
that are the complement of, or used in
connection with, a qualifying vessel in
U.S. foreign trade,
2. The inland haulage of cargo
shipped, or to be shipped, on qualifying
vessels in U.S. foreign trade, and
3. The provision of terminal,
maintenance, repair, logistical, or other
vessel, barge, container, or cargo-related
services that are an integral part of
operating qualifying vessels in U.S.
foreign trade.
The term “secondary activities” does
not include any core qualifying activities.
Line G(2)(a). Amount included in 20%
limit. Enter on line G(2)(a) the
corporation’s gross income from
secondary activities that does not exceed
20% of line G(1).
Electing groups. In the case of an
electing group, the above rules are
applied as if the group were one entity,
and the 20% limitation is allocated among
the corporations in the group.
Line G(2)(b). Amount that exceeds the
20% limit. Enter on line G(2)(b) the
corporation’s gross income from
secondary activities that exceeds 20% of
line G(1).

Attach a schedule showing
computations for lines G(2)(a) and (b).
Example 1. The corporation has
gross income from core qualifying
activities of $20 million and gross income
from secondary activities of $5 million.
The corporation enters $20 million on line
G(1), $4 million (20% of $20 million) on
line G(2)(a), and $1 million (gross income
from secondary activities of $5 million
less the $4 million limit) on line G(2)(b).
Example 2. The same facts as above
except the corporation has gross income
from secondary activities of $3 million.
The corporation would enter $3 million on
line G(2)(a) and zero on line G(2)(b).
Gross income from secondary activities of
$3 million is less than the $4 million limit.

Line G(3). Qualifying incidental
activities

vessel. If the corporation has more than 4
qualifying vessels, attach separate sheets
for Parts III and IV using the same size
and format as Form 8902. Also, on line
29, enter the sum of all columns of Part
IV, line 28.

Line 9. Type of ownership
Indicate in each column the type of
ownership for the vessel. Enter “O” for an
owned vessel, “L” for a leased vessel,
and “CL” for a capitalized lease.

Line 10. Type of vessel use
Indicate in each column the type of vessel
use. Enter “BB” for bareboat charter out,
“TC” for time charter out, and “OI” for
operating income.

Part IV. Notional Shipping
Income

For purposes of this election, the term
“qualifying incidental activities” means
shipping-related activities if:
1. They are incidental to the
corporation’s core qualifying activities,
2. They are not qualifying secondary
activities, and
3. The gross income derived by the
corporation from such activities does not
exceed 0.1% of the corporation’s gross
income from its core qualifying activities.

Line 21. Ownership percentage

Line G(3)(a). Amount included in the
0.1% limit. Enter on line G(3)(a) the
corporation’s gross income from
incidental activities that does not exceed
0.1% of line G(1).
Electing groups. In the case of an
electing group, the above rules are
applied as if the group were one entity,
and the 0.1% limitation is allocated
among the corporations in the group.
Line G(3)(b). Amount that exceeds the
0.1% limit. Enter on line G(3)(b) the
corporation’s gross income from
incidental activities that exceeds 0.1% of
line G(1).
Attach a schedule showing
computations for lines G(3)(a) and (b).

Paperwork Reduction Act Notice. We
ask for the information on this form to
carry out the Internal Revenue laws of the
United States. You are required to give us
the information. We need it to ensure that
you are complying with these laws and to
allow us to figure and collect the right
amount of tax.
You are not required to provide the
information requested on a form that is
subject to the Paperwork Reduction Act
unless the form displays a valid OMB
control number. Books or records relating
to a form or its instructions must be
retained as long as their contents may
become material in the administration of
any Internal Revenue law. Generally, tax
returns and return information are
confidential, as required by section 6103.
The time needed to complete and file
this form will vary depending on individual
circumstances. The estimated average
time is: Recordkeeping, 11 hr., 43 min.;
Learning about the law or the form, 1
hr., 3 min.; Preparing the form, 2 hr., 13
min.; Copying, assembling, and
sending the form to the IRS, 16 min.
If you have comments concerning the
accuracy of these time estimates or
suggestions for making this form simpler,
we would be happy to hear from you. See
the instructions for the tax return with
which this form is filed.

Line H. Gross income from
qualifying shipping activities
excluded from gross income on
the corporation’s income tax
return
Enter on line H the total of lines G(1),
G(2)(a), and G(3)(a). Do not include this
amount in gross income on the
corporation’s Form 1120 or Form 1120-F.
Furthermore, do not include on the
corporation’s Form 1120 or Form 1120-F
any item of loss, deduction, or credit with
respect to this line H excluded income.
Note: The amounts entered on lines
G(2)(b) and G(3)(b) must be included in
gross income on the corporation’s Form
1120 or Form 1120-F.

Part III. Vessel Information
With respect to Parts III and IV, complete
a separate column for each qualifying

-2-

Enter the corporation’s percentage of
ownership in the vessel. If for any period
two or more persons are operators of a
qualifying vessel, the notional shipping
income from the operation of such vessel
for that period must be allocated among
the operators on the basis of their
respective ownership, charter, and
operating agreement interests in the
vessel.