Harbor maintenance tax update.

JurisdictionUnited States
AuthorWainwright, Ron
Date01 April 1999

The harbor maintenance tax (HMT) was enacted as part of the Water Resources Development Act of 1986, to provide financing for port development. The HMT was an excise tax of .04% (.0004) of the value of cargo loaded or unloaded in U.S. ports. The rate was changed to .125% (.00125) by the Revenue Reconciliation Act of 1990.

In March 1998, the Supreme Court held that applying the HMT to exports violated the Export Clause (Article I, Section 9, Clause 5) of the U.S. Constitution, which prohibits export taxing (United States Shoe Corp.). In...

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