The federal budget deficit, a problem of enormous scope and magnitude, has led tax administrators at all levels of government to create new and innovative ways to increase revenues. The tug and barge industry has been particularly hard hit. The states, to make up funds no longer provided by the federal government, are becoming increasingly more aggressive in taxing waterway operators. In addition to navigation user taxes, we have been confronted with a wide array of state and federal fuel taxes and general corporate tax requirements.
The tug and barge industry, in simple terms, is in a blizzard of taxes.
AWO focused much of its efforts in 1988 to reversing federal tax initiatives.
One of the association's goals for 1989 is to increase its visibility and effectiveness on issues within the jurisdiction of the taxwriting committees of Congress— the House Ways and Means Committee and the Senate Finance Committee. AWO will be closely monitoring deficit reduction proposals in all forums which could impact water carriers. Additionally, the AWO Board has directed the staff to pursue legislative relief from discriminatory state taxation. Such legislation would extend to water carriers the protections afforded to the rail, aviation and motor vehicle industries.
In 1988, the industry found itself in a particularly difficult bind. As a result of a budget bill Congress passed in late 1987, in part aimed at blunting the shock of the October market crash, tug and barge opera- tors found themselves paying millions of dollars in taxes they did not owe. The Act included a provision requiring all off-highway users of diesel fuel to pay, at time of purchase, 15.1 cents per gallon in highway taxes and then apply for an interest-free refund of those taxes from the Internal Revenue Service.
This provision, effective April 1, 1988, imposed a staggering cash flow burden on the waterways industry.
As a result, AWO generated one of the largest outcries of grassroots outrage and targeted media coverage in its history. Although this upfront payment requirement ceased as of January 1, 1989, it proved to be a bureaucratic as well as economic nightmare.
, 5 bulk carriers, 3 car/bulk carriers, 2 liquefied petroleum gas vessels and 1 ore/bulk/oil carrier. Ogden is seeking a ruling from the Internal Revenue Service that the spinoff will be tax-free to Ogden stockholders and expects the ruling to be favorable. The exact record date, distribution date
in his letter to Secretary Baker. The Secretary's response was, to paraphrase, "you guys fouled it up, now you guys fix it." The Internal Revenue Service recently decided to allow certain waterway operators (on the inland waterways alone) to offset payment of the inland waterway fuel tax against
all time high, especially in light of the changing government regulations regarding the Patient Protection and Affordable Care Act (PPACA) and the Internal Revenue Service’s (IRS) claim to be more vigilant against companies that don’t meet contract employee classification requirements. As a minimum, misclassifying
of Homeland Security (DHS); Small Shipyard Grants at MARAD/DOT; the Capital Construction Fund (CCF), which is implemented by MARAD and the Internal Revenue Service; and MARAD’s title XI loan guarantee program, which assisted in the financing of the TOTE containerships, above. The Marine Highway Program
. This common sense argument has been recognized by the United States Supreme Court, which held that the exclusionary rule did not prohibit the Internal Revenue Service (IRS) from using evidence that was illegally seized by local police. The Court logically concluded that the societal costs of excluding important
The Internal Revenue Service (the "IRS") has issued proposed regulations under section 863 of the Internal Revenue Code of 1986, as amended (the "Code"), providing new rules for determining the source of income from activities conducted in international waters for purposes of U.S. income taxation.
lease remains the same, then the greater the amount of the EBO, the lower the amount of the rent . . . and vice versa. The EBO must meet the Internal Revenue Service’s “compulsion test.” The purchase price of the collateral cannot be less than the present value of the remaining rents plus a FMV worth not
the rules for participation, the sources and measures for deposits, the timing and accounting for withdrawals, and other Agreement matters. The Internal Revenue Service’s role is detailed in the MARAD/IRS Joint Regulations that govern a limited number of filing and accounting issues. A shipyard may make
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