46 USC 11108 - Sec. 11108. Taxes

46 USC - US Code - Title 46: Shipping (January 2004)


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  (a) Withholding. - Wages due or accruing to a master or seaman on a vessel in the foreign, coastwise, intercoastal, interstate, or noncontiguous trade or an individual employed on a fishing vessel or any fish processing vessel may not be withheld under the tax laws of a State or a political subdivision of a State.

However, this section does not prohibit withholding wages of a seaman on a vessel in the coastwise trade between ports in the same State if the withholding is under a voluntary agreement between the seaman and the employer of the seaman. (b) Liability. - (1) Limitation on jurisdiction to tax. - An individual to whom this subsection applies is not subject to the income tax laws of a State or political subdivision of a State, other than the State and political subdivision in which the individual resides, with respect to compensation for the performance of duties described in paragraph (2). (2) Application. - This subsection applies to an individual - (A) engaged on a vessel to perform assigned duties in more than one State as a pilot licensed under section 7101 of this title or licensed or authorized under the laws of a State; or (B) who performs regularly-assigned duties while engaged as a master, officer, or crewman on a vessel operating on the navigable waters of more than one State.


Historical And Revision Notes

Revised section Source section (U.S. Code)

11108 46:601

Section 11108 prohibits the mandatory withholding of state or local taxes from crewmembers on certain specified vessels.

It permits, however, voluntary withholding agreements.

AMENDMENTS 2000 - Pub. L. 106-489 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1984 - Pub. L. 98-364 substituted "an individual employed on a fishing vessel or any fish processing vessel" for "a fisherman employed on a fishing vessel".

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