(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 navigable waters in 2 or more States.Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 580; Pub. L. 98-364, title IV, §402(14), July 17, 1984, 98 Stat. 450; Pub. L. 106-489, §1, Nov. 9, 2000, 114 Stat. 2207; Pub. L. 111-281, title IX, §906, Oct. 15, 2010, 124 Stat. 3012.| 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.EDITORIAL NOTES
AMENDMENTS2010-Subsec. (b)(2)(B). Pub. L. 111-281 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "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."2000- Pub. L. 106-489 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).1984- Pub. L. 98-364substituted "an individual employed on a fishing vessel or any fish processing vessel" for "a fisherman employed on a fishing vessel".