Section 211 of the Clean Air Act, referred to in subsec. (a)(2)(D), is classified to section 7545 of Title 42, The Public Health and Welfare.
The date of the enactment of the Airport and Airway Trust Fund Tax Reinstatement Act of 1997, referred to in subsec. (d)(2)(A), is the date of enactment of Pub. L. 105–2, which was approved
2024—Subsec. (d)(2)(B). Pub. L. 118–63 substituted “
Pub. L. 118–41 substituted “
2023—Subsec. (d)(2)(B). Pub. L. 118–34 substituted “
Pub. L. 118–15 substituted “
2021—Subsec. (d)(1). Pub. L. 117–58, § 80102(a)(1)(C), substituted “
Subsec. (d)(3). Pub. L. 117–58, § 80102(a)(2)(D), substituted “
2018—Subsec. (d)(2)(B). Pub. L. 115–254 substituted “
Pub. L. 115–141 substituted “
2017—Subsec. (d)(2)(B). Pub. L. 115–63 substituted “
2016—Subsec. (d)(2)(B). Pub. L. 114–190 substituted “
Pub. L. 114–141 substituted “
2015—Subsec. (d)(1). Pub. L. 114–94, § 31102(a)(1)(C), substituted “
Subsec. (d)(2)(B). Pub. L. 114–55 substituted “
Subsec. (d)(3). Pub. L. 114–94, § 31102(a)(2)(D), substituted “
2012—Subsec. (d)(1). Pub. L. 112–141, § 40102(a)(1)(C), substituted “
Pub. L. 112–140, §§ 1(c), 402(a)(1)(C), temporarily substituted “
Pub. L. 112–102, § 402(a)(1)(C), substituted “
Subsec. (d)(2)(B). Pub. L. 112–95 substituted “
Pub. L. 112–91 substituted “
Subsec. (d)(3). Pub. L. 112–141, § 40102(a)(2)(D), substituted “
Pub. L. 112–140, §§ 1(c), 402(a)(2)(D), temporarily substituted “
Pub. L. 112–102, § 402(a)(2)(D), substituted “
2011—Subsec. (d)(1). Pub. L. 112–30, § 142(a)(1)(C), substituted “
Subsec. (d)(2)(B). Pub. L. 112–30, § 202(a), substituted “
Pub. L. 112–27 substituted “
Pub. L. 112–21 substituted “
Pub. L. 112–16 substituted “
Pub. L. 112–7 substituted “
Subsec. (d)(3). Pub. L. 112–30, § 142(a)(2)(D), substituted “
2010—Subsec. (d)(2)(B). Pub. L. 111–329 substituted “
Pub. L. 111–249 substituted “
Pub. L. 111–216 substituted “
Pub. L. 111–197 substituted “
Pub. L. 111–161 substituted “
Pub. L. 111–153 substituted “
2009—Subsec. (d)(2)(B). Pub. L. 111–116 substituted “
Pub. L. 111–69 substituted “
Pub. L. 111–12 substituted “
2008—Subsec. (d)(2)(B). Pub. L. 110–330 substituted “
Pub. L. 110–253 substituted “
Pub. L. 110–190 substituted “
2007—Subsec. (d)(2)(B). Pub. L. 110–161 substituted “
2005—Subsec. (a)(1)(B). Pub. L. 109–59, § 11166(b)(1), reenacted heading without change and amended text of subpar. (B) generally. Prior to amendment, text read as follows: “The tax imposed by this paragraph shall not apply to any removal or entry of a taxable fuel transferred in bulk by pipeline or vessel to a terminal or refinery if the person removing or entering the taxable fuel, the operator of such pipeline or vessel, and the operator of such terminal or refinery are registered under section 4101.”
Subsec. (a)(2)(A)(ii) to (iv). Pub. L. 109–59, § 11161(a)(1), inserted “and” at end of cl. (ii), substituted a period for “, and” at end of cl. (iii), and struck out cl. (iv) which read as follows: “in the case of aviation-grade kerosene, 21.8 cents per gallon.”
Subsec. (a)(2)(C). Pub. L. 109–59, § 11161(a)(2), amended heading and text of subpar. (C) generally. Prior to amendment, text read as follows: “In the case of aviation-grade kerosene which is removed from any refinery or terminal directly into the fuel tank of an aircraft for use in commercial aviation by a person registered for such use under section 4101, the rate of tax under subparagraph (A)(iv) shall be 4.3 cents per gallon.”
Pub. L. 109–59, § 11151(b)(1), substituted “for use in commercial aviation by a person registered for such use under section 4101” for “for use in commercial aviation”.
Subsec. (a)(2)(D). Pub. L. 109–58, § 1343(a), added subpar. (D).
Subsec. (a)(3)(A)(i). Pub. L. 109–59, § 11161(a)(3)(A), struck out “a secured area of” before “an airport”.
Subsec. (a)(3)(A)(ii), (iv). Pub. L. 109–59, § 11161(a)(4)(A), struck out “aviation-grade” before “kerosene”.
Subsec. (a)(3)(D). Pub. L. 109–59, § 11161(a)(3)(B), added subpar. (D).
Subsec. (a)(4). Pub. L. 109–59, § 11161(a)(4)(B), (C), struck out “aviation-grade” before “kerosene” in heading and substituted “paragraph (2)(C)(i)” for “paragraph (2)(C)” in text.
Subsec. (c). Pub. L. 109–58, § 1343(b)(2), added subsec. (c).
Subsec. (d)(1). Pub. L. 109–59, § 11101(a)(1)(F), substituted “2011” for “2005”.
Subsec. (d)(2). Pub. L. 109–59, § 11161(a)(4)(D), reenacted par. heading without change and amended text of introductory provisions generally. Prior to amendment, introductory provisions read as follows: “The rates of tax specified in clauses (ii) and (iv) of subsection (a)(2)(A) shall be 4.3 cents per gallon—”.
Pub. L. 109–59, § 11151(b)(2), amended par. heading and text of introductory provisions generally. Prior to amendment, introductory provisions read as follows: “The rate of tax specified in subsection (a)(2)(A)(ii) shall be 4.3 cents per gallon—”.
Subsec. (d)(3). Pub. L. 109–58, § 1362(a), substituted “2011” for “2005”.
Pub. L. 109–6 substituted “
2004—Subsec. (a)(1)(B). Pub. L. 108–357, § 860(a), inserted “by pipeline or vessel” after “transferred in bulk” and “, the operator of such pipeline or vessel,” after “the taxable fuel”.
Subsec. (a)(2)(A)(iv). Pub. L. 108–357, § 853(a)(1), added cl. (iv).
Subsec. (a)(2)(C). Pub. L. 108–357, § 853(a)(2), added subpar. (C).
Subsec. (a)(3). Pub. L. 108–357, § 853(a)(3)(A), added par. (3).
Subsec. (a)(4). Pub. L. 108–357, § 853(a)(4), added par. (4).
Subsec. (c). Pub. L. 108–357, § 301(c)(7), struck out subsec. (c) which related to taxation of taxable fuels mixed with alcohol.
1998—Subsec. (c)(4)(A). Pub. L. 105–178, § 9003(b)(2)(B), amended heading and text of subpar. (A) generally. Prior to amendment, text read as follows: “The alcohol mixture rate for a qualified alcohol mixture which contains gasoline is the excess of the rate which would (but for this paragraph) be determined under subsection (a) over—
“(i) 5.4 cents per gallon for 10 percent gasohol,
“(ii) 4.158 cents per gallon for 7.7 percent gasohol, and
“(iii) 3.078 cents per gallon for 5.7 percent gasohol.
In the case of a mixture none of the alcohol in which consists of ethanol, clauses (i), (ii), and (iii) shall be applied by substituting ‘6 cents’ for ‘5.4 cents’, ‘4.62 cents’ for ‘4.158 cents’, and ‘3.42 cents’ for ‘3.078 cents’.”
Subsec. (c)(5). Pub. L. 105–178, § 9003(b)(2)(C), substituted “the applicable blender rate (as defined in section 4041(b)(2)(C))” for “5.4 cents”.
Subsec. (c)(8). Pub. L. 105–178, § 9003(a)(1)(C), substituted “2007” for “2000”.
Subsec. (d)(1). Pub. L. 105–178, § 9002(a)(1)(F), substituted “2005” for “1999”.
1997—Subsec. (a)(2)(A)(iii). Pub. L. 105–34, § 1032(b), inserted “or kerosene” after “diesel fuel”.
Subsec. (d)(1), (2). Pub. L. 105–2 added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:
“(1)
“(2)
Subsec. (d)(2)(B). Pub. L. 105–34, § 1031(a)(2), substituted “
Subsec. (d)(3). Pub. L. 105–34, § 1033, substituted “shall apply after
Pub. L. 105–2 struck out heading and text of par. (3) relating to aviation gasoline. Text read as follows: “After
1996—Subsec. (a)(2)(A). Pub. L. 104–188, § 1609(g)(1), added cls. (i) and (ii), redesignated former cl. (ii) as (iii), and struck out former cl. (i) which read as follows: “in the case of gasoline, 18.3 cents per gallon, and”.
Subsec. (d)(1). Pub. L. 104–188, § 1609(a)(2)(B), (g)(4)(B), substituted “the rates of tax specified in clauses (i) and (iii) of subsection (a)(2)(A) (other than the tax on aviation gasoline)” for “each rate of tax specified in subsection (a)(2)(A)”.
Subsec. (d)(2), (3). Pub. L. 104–188, § 1609(a)(2)(A), (g)(2), added par. (3) relating to aviation gasoline, redesignated former par. (2), relating to leaking underground storage tank trust fund financing rate, as another par. (3), and added new par. (2) relating to aviation gasoline.
1993—Pub. L. 103–66, § 13242(a), amended section generally, substituting, in subsec. (a), provisions imposing tax on taxable fuels for provisions imposing tax on gasoline, in subsec. (b), provisions relating to treatment of removal or subsequent sale of taxable fuels by blender for provisions relating to treatment of removal or subsequent sale of gasoline by blender or compounder, in subsec. (c), provisions relating to taxable fuels mixed with alcohol for provisions relating to gasoline mixed with alcohol at refinery etc., in subsec. (d), provisions decreasing tax rate imposed on taxable fuels to 4.3 cents per gallon beginning on and after
Subsec. (a)(2)(B)(iii). Pub. L. 103–66, § 13241(a), amended cl. (iii) generally, substituting “6.8 cents per gallon” for “2.5 cents a gallon”.
1992—Subsec. (c)(1). Pub. L. 102–486, § 1920(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Under regulations prescribed by the Secretary, subsection (a) shall be applied by substituting rates which are 10/9th of the otherwise applicable rates in the case of the removal or sale of any gasoline for use in producing gasohol at the time of such removal or sale. Subject to such terms and conditions as the Secretary may prescribe (including the application of section 4101), the treatment under the preceding sentence also shall apply to use in producing gasohol after the time of such removal or sale. For purposes of this paragraph, the term ‘gasohol’ means any mixture of gasoline if at least 10 percent of such mixture is alcohol. For purposes of this subsection, in the case of the Highway Trust Fund financing rate, the otherwise applicable rate is 6.1 cents a gallon.”
Subsec. (c)(2). Pub. L. 102–486, § 1920(b)(1), substituted “an otherwise applicable rate” for “6.1 cents a gallon”.
Subsec. (c)(4). Pub. L. 102–486, § 1920(b)(2), substituted heading for one which read: “Lower rate on gasohol made other than from ethanol”, added text, and struck out former text which read as follows: “In the case of gasohol none of the alcohol in which consists of ethanol, paragraphs (1) and (2) shall be applied by substituting ‘5.5 cents’ for ‘6.1 cents’.”
1991—Subsec. (d)(1). Pub. L. 102–240 substituted “1999” for “1995”.
1990—Subsec. (a)(1). Pub. L. 101–508, § 11212(a), substituted heading for one which read: “In general” and amended text generally. Prior to amendment, text read as follows: “There is hereby imposed a tax at the rate specified in paragraph (2) on the earlier of—
“(A) the removal, or
“(B) the sale,
of gasoline by the refiner or importer thereof or the terminal operator.”
Subsec. (a)(2)(A)(iii). Pub. L. 101–508, § 11211(a)(1), added cl. (iii).
Subsec. (a)(2)(B)(i). Pub. L. 101–508, § 11211(a)(2)(A), substituted “11.5 cents” for “9 cents”.
Subsec. (a)(2)(B)(iii). Pub. L. 101–508, § 11211(a)(2)(B), (C), added cl. (iii).
Subsec. (a)(3). Pub. L. 101–508, § 11212(e)(2), struck out par. (3) which read as follows: “For purposes of paragraph (1), the bulk transfer of gasoline to a terminal operator by a refiner or importer shall not be considered a removal or sale of gasoline by such refiner or importer.”
Subsec. (c)(1). Pub. L. 101–508, § 11211(a)(5)(A), substituted “applied by substituting rates which are 10/9th of the otherwise applicable rates” for “applied by substituting ‘3⅓ cents’ for ‘9 cents’ and by substituting ‘⅑ cent’ for ‘0.1 cent’ ” and inserted “For purposes of this subsection, in the case of the Highway Trust Fund financing rate, the otherwise applicable rate is 6.1 cents a gallon.”
Subsec. (c)(2). Pub. L. 101–508, § 11211(a)(5)(B), which directed the substitution of “at a Highway Trust Fund financing rate equivalent to 6.1 cents” for “at a rate equivalent to 3 cents”, was executed by making the substitution for “at a Highway Trust Fund financing rate equivalent to 3 cents” to reflect the probable intent of Congress. See 1986 Amendment note below.
Subsec. (c)(4). Pub. L. 101–508, § 11211(a)(5)(C), added par. (4). Former par. (4) redesignated (5).
Subsec. (c)(5). Pub. L. 101–508, § 11211(e)(3), substituted “2000” for “1993”.
Pub. L. 101–508, § 11211(a)(5)(C), redesignated par. (4) as (5).
Subsec. (d)(1). Pub. L. 101–508, § 11211(c)(3), substituted “1995” for “1993”.
Subsec. (d)(2). Pub. L. 101–508, § 11215(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows:
“(A)
“(i)
“(ii) the last day of the termination month.
“(B)
“(C)
Subsec. (d)(3). Pub. L. 101–508, § 11211(a)(3), added par. (3).
Subsec. (e). Pub. L. 101–508, § 11212(d)(1), added subsec. (e).
1988—Subsec. (a). Pub. L. 100–647, § 1017(c)(1)(A), added pars. (1) and (2), struck out former par. (1) which imposed a tax at the rate specified in subsec. (d) on the earlier of the removal, or the sale of gasoline by the refiner or importer thereof or the terminal operator, and redesignated former par. (2) as (3).
Subsec. (b)(1). Pub. L. 100–647, § 1017(c)(1)(B), substituted “subsection (a)” for “subsection (d)”.
Subsec. (c)(1). Pub. L. 100–647, § 6104(a), inserted after first sentence “Subject to such terms and conditions as the Secretary may prescribe (including the application of section 4101), the treatment under the preceding sentence also shall apply to use in producing gasohol after the time of such removal or sale.”
Pub. L. 100–647, § 2001(d)(5)(A), inserted “and by substituting ‘⅑ cent’ for ‘0.1 cent’ ” before “in the case of the removal”.
Pub. L. 100–647, § 1017(c)(14), substituted “3⅓ cents” for “3 cents”.
Pub. L. 100–647, § 1017(c)(1)(B), substituted “subsection (a)” for “subsection (d)”.
Subsec. (c)(2). Pub. L. 100–647, § 2001(d)(5)(B), substituted “reduced by the amount of tax imposed (and not credited or refunded) on any prior removal or sale of such fuel” for “5⅔ cents a gallon”.
Subsec. (d). Pub. L. 100–647, § 1017(c)(1)(D), redesignated subsec. (e) as (d) and struck out former subsec. (d) which related to the rate of tax.
Subsec. (d)(1). Pub. L. 100–647, § 1017(c)(1)(C)(i), substituted “subsection (a)(2)” for “subsection (d)(2)(A)”.
Subsec. (d)(2)(A). Pub. L. 100–647, § 1017(c)(1)(C)(ii), substituted “subsection (a)(2)” for “subsection (d)(2)(B)”.
Subsec. (e). Pub. L. 100–647, § 1017(c)(1)(D), redesignated subsec. (e) as (d).
1987—Subsec. (c)(4). Pub. L. 100–17, § 502(c)(2), substituted “
Subsec. (e)(1). Pub. L. 100–17, § 502(a)(4), substituted “1993” for “1988”.
Subsec. (e)(2)(B). Pub. L. 100–203 substituted “net revenues are at least $500,000,000 from taxes imposed by section 4041(d) and taxes attributable to Leaking Underground Storage Tank Trust Fund financing rate imposed under this section and sections 4042 and 4091.” for “net revenues from the taxes imposed by this section (to the extent attributable to the Leaking Underground Storage Tank Trust Fund financing rate under subsection (d)(2)(B)), section 4041(d), and section 4042 (to the extent attributable to the Leaking Underground Storage Tank Trust Fund financing rate under section 4042(b)) are at least $500,000,000.”
1986—Pub. L. 99–514 amended section generally, substituting provisions imposing a tax on the removal or sale of gasoline by the refiner, importer, blender, or compounder thereof or the terminal operator for provisions imposing a tax on gasoline sold by the producer or importer thereof, or by any producer of gasoline.
Subsec. (a). Pub. L. 99–499, § 521(a)(1)(B)(i), substituted “at the rate specified in subsection (d)” for “of 9 cents a gallon” in par. (1) as amended by Pub. L. 99–514.
Pub. L. 99–499, § 521(a)(1)(A)(i), amended subsec. (a), as in effect the day before
Subsec. (b). Pub. L. 99–499, § 521(a)(1)(B)(i), substituted “at the rate specified in subsection (d)” for “of 9 cents a gallon” in par. (1) as amended by Pub. L. 99–514.
Pub. L. 99–499, § 521(a)(1)(A)(i), amended subsec. (b), as in effect the day before
Subsec. (c)(1). Pub. L. 99–499, § 521(a)(1)(B)(iii)(I), substituted “subsection (d)” for “subsection (a)” in par. (1) as amended by Pub. L. 99–514.
Pub. L. 99–499, § 521(a)(1)(A)(iii), substituted “subsection (b)” for “subsection (a)” in introductory provisions as in effect the day before
Subsec. (c)(2). Pub. L. 99–499, § 521(a)(1)(B)(iii)(II), substituted “a Highway Trust Fund financing rate” for “a rate” in par. (2) as amended by Pub. L. 99–514.
Pub. L. 99–499, § 521(a)(1)(A)(iii)(II), substituted “a Highway Trust Fund financing rate” for “a rate” in par. (2) as in effect the day before
Subsec. (d). Pub. L. 99–499, § 521(a)(1)(B)(ii), added subsec. (d) to this section as amended by Pub. L. 99–514, and struck out former subsec. (d), termination, which read as follows: “On and after
Pub. L. 99–499, § 521(a)(1)(A)(i), in amending this section as in effect the day before
Subsec. (e). Pub. L. 99–499, § 521(a)(1)(B)(ii), added subsec. (e) to this section as amended by Pub. L. 99–514.
1984—Subsec. (c)(1). Pub. L. 98–369, § 912(b)(A), (B), substituted “3 cents” for “4 cents” in subpar. (A), and “3⅓ cents” for “44⁄9 cents” in subpar. (B).
Pub. L. 98–369, § 732(a)(1), struck out “by substituting ‘4 cents’ for ‘9 cents’ in the case of the sale of any gasoline” after “shall be applied” in text preceding subpar. (A), substituted “by substituting ‘4 cents’ for ‘9 cents’ in the case of the sale of any gasohol (the gasoline in which was not taxed under subparagraph (B)), and” for “in a mixture with alcohol, if at least 10 percent of the mixture is alcohol, or” in subpar. (A), substituted “by substituting ‘44⁄9 cents’ for ‘9 cents’ in the case of the sale of any gasoline for use in producing gasohol” for “for use in producing a mixture at least 10 percent of which is alcohol” in subpar. (B) and inserted definition of “gasohol” after subpar. (B).
Subsec. (c)(2). Pub. L. 98–369, § 912(b)(A), (C), substituted “3 cents” for “4 cents” and “5⅔ cents” for “45⁄9 cents”.
Pub. L. 98–369, § 732(a)(2), substituted “at a rate equivalent to 4 cents a gallon” for “at a rate of 4 cents a gallon”, and “45⁄9 cents a gallon” for “5 cents a gallon”.
Subsec. (c)(3). Pub. L. 98–369, § 912(f), substituted “coal (including peat)” for “coal”.
1983—Subsec. (a). Pub. L. 97–424, § 511(a)(1), increased tax from 4 to 9 cents a gallon.
Subsec. (b). Pub. L. 97–424, § 516(a)(3), substituted provision that, on and after
Subsec. (c)(1). Pub. L. 97–424, § 511(d)(1)(A), substituted “subsection (a) shall be applied by substituting ‘4 cents’ for ‘9 cents’ in the case of the sale of any gasoline” for “no tax shall be imposed by this section on the sale of any gasoline” after “Secretary,”.
Subsec. (c)(2). Pub. L. 97–424, § 511(d)(1)(B), substituted “tax was imposed under subsection (a) at the rate of 4 cents a gallon by reason of this subsection” for “tax was not imposed by reason of this subsection” after “alcohol on which”, and inserted provision that the amount of tax imposed on any sale of such gasoline by such person shall be 5 cents a gallon.
1980—Subsec. (c)(2). Pub. L. 96–223, § 232(d)(3), inserted “(or with respect to which a credit or payment was allowed or made by reason of section 6427(f)(1))” after “this subsection”.
Subsec. (c)(3). Pub. L. 96–223, § 232(b)(3)(A), inserted provision that “alcohol” does not include alcohol with a proof of less than 190 (determined without regard to any added denaturants).
Subsec. (c)(4). Pub. L. 96–223, § 232(a)(1), added par. (4).
1978—Subsec. (b). Pub. L. 95–599 substituted “1984” for “1979”.
Subsec. (c). Pub. L. 95–618 added subsec. (c).
1976—Subsec. (b). Pub. L. 94–280 substituted “1979” for “1977”.
1970—Subsec. (b). Pub. L. 91–605 substituted “1977” for “1972”.
1961—Subsec. (a). Pub. L. 87–61, § 201(b), increased tax from 3 to 4 cents a gallon.
Subsec. (b). Pub. L. 87–61, § 201(c), substituted “
Subsec. (c). Pub. L. 87–61, § 201(d), repealed subsec. (c) which authorized a temporary increase in tax for the period
1959—Subsec. (c). Pub. L. 86–342 added subsec. (c).
1956—Act
Subsec. (a). Act
Subsec. (b). Act
1955—Act
Amendment by Pub. L. 117–58 effective
Amendment by Pub. L. 114–94 effective
Amendment by Pub. L. 112–141 effective
Amendment by Pub. L. 112–140 to cease to be effective on
Amendment by Pub. L. 112–140 effective
Amendment by Pub. L. 112–102 effective
Pub. L. 112–95, title XI, § 1101(c),
Pub. L. 112–91, § 2(c),
Amendment by section 142(a)(1)(C), (2)(D) of Pub. L. 112–30 effective
Pub. L. 112–30, title II, § 202(c),
Pub. L. 112–27, § 2(c),
Pub. L. 112–21, § 2(c),
Pub. L. 112–16, § 2(c),
Pub. L. 112–7, § 2(c),
Pub. L. 111–329, § 2(c),
Pub. L. 111–249, § 2(c),
Pub. L. 111–216, title I, § 101(c),
Pub. L. 111–197, § 2(c),
Pub. L. 111–161, § 2(c),
Pub. L. 111–153, § 2(c),
Pub. L. 111–116, § 2(c),
Pub. L. 111–69, § 2(c),
Pub. L. 111–12, § 2(c),
Pub. L. 110–330, § 2(c),
Pub. L. 110–253, § 2(c),
Pub. L. 110–190, § 2(c),
Pub. L. 110–161, div. K, title I, § 116(d),
Pub. L. 109–59, title XI, § 11151(f)(1),
Amendment by section 11161(a)(1)–(4)(D) of Pub. L. 109–59 applicable to fuels or liquids removed, entered, or sold after
Pub. L. 109–59, title XI, § 11166(b)(2),
Pub. L. 109–58, title XIII, § 1343(c),
Amendment by section 1362(a) of Pub. L. 109–58 effective
Pub. L. 109–6, § 1(b),
Amendment by section 301(c)(7) of Pub. L. 108–357 applicable to fuel sold or used after
Amendment by section 853(a)(1)–(3)(A), (4) of Pub. L. 108–357 applicable to aviation-grade kerosene removed, entered, or sold after
Pub. L. 108–357, title VIII, § 860(b),
Amendment by section 9003(b)(2)(B), (C), of Pub. L. 105–178 effective
Amendment by section 1031(a)(2) of Pub. L. 105–34 effective
Amendment by section 1032(b) of Pub. L. 105–34 effective
Amendment by Pub. L. 105–2 applicable to periods beginning on or after the 7th day after
Amendment by Pub. L. 104–188 effective on 7th calendar day after
Amendment by section 13241(a) of Pub. L. 103–66 effective
Amendment by section 13242(a) of Pub. L. 103–66 effective
Pub. L. 102–486, title XIX, § 1920(c),
Amendment by section 11211(a)(1)–(3), (5)(A)–(C) of Pub. L. 101–508 applicable, except as otherwise provided, to gasoline removed (as defined in [former] section 4082 of this title) after
Pub. L. 101–508, title XI, § 11212(f), “(1) Except as provided in paragraph (2), the amendments made by this section [enacting section 4103 of this title and amending this section and sections 4093, 4101, 4222, 6103, 6416, and 6724 of this title] shall take effect on “(2) The amendments made by subsections (b), (c), and (e) (other than paragraph (2) thereof) [enacting section 4103 of this title and amending sections 4093, 4101, 4222, 6103, and 6724 of this title] shall take effect on
Pub. L. 101–508, title XI, § 11215(b),
Amendment by section 1017(c)(1), (14) of Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under section 1 of this title.
Amendment by section 2001(d)(5) of Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Superfund Revenue Act of 1986, Pub. L. 99–499, title V, to which it relates, see section 2001(e) of Pub. L. 100–647, set out as a note under section 56 of this title.
Pub. L. 100–647, title VI, § 6104(b),
Amendment by Pub. L. 100–203 applicable to sales after
Pub. L. 99–514, title XVII, § 1703(h),
Amendment by Pub. L. 99–499 effective
Amendment by section 732(a)(1), (2) of Pub. L. 98–369 effective, except as otherwise provided, as if included in the provisions of the Highway Revenue Act of 1982, title V of Pub. L. 97–424, to which such amendment relates, see section 736 of Pub. L. 98–369, set out as a note under section 4051 of this title.
Amendment by section 912(b), (f) of Pub. L. 98–369 effective
Amendment by section 511(a)(1), (d)(1) of Pub. L. 97–424 effective
Amendment by section 232(b)(3)(A) of Pub. L. 96–223 applicable to sales or uses after
Pub. L. 95–618, title II, § 221(a)(2),
Amendment by Pub. L. 87–61 effective
Amendment by act
Pub. L. 108–357, title VIII, § 853(a)(3)(B),
Due date for deposit of taxes imposed by this section which would be required to be made after
Due date for deposit of taxes imposed by subsec. (a)(2)(A)(ii) of this section which would be required to be made after
Pub. L. 109–59, title XI, § 11141, “(a) There is established a Motor Fuel Tax Enforcement Advisory Commission (in this section referred to as the ‘Commission’).“(b) The Commission shall—“(1) review motor fuel revenue collections, historical and current;“(2) review the progress of investigations with respect to motor fuel taxes;“(3) develop and review legislative proposals with respect to motor fuel taxes;“(4) monitor the progress of administrative regulation projects relating to motor fuel taxes;“(5) review the results of Federal and State agency cooperative efforts regarding motor fuel taxes;“(6) review the results of Federal interagency cooperative efforts regarding motor fuel taxes; and“(7) evaluate and make recommendations to the President and Congress regarding—“(A) the effectiveness of existing Federal enforcement programs regarding motor fuel taxes,“(B) enforcement personnel allocation, and“(C) proposals for regulatory projects, legislation, and funding.“(c) “(1) The Commission shall be composed of the following representatives appointed by the Chairmen and the Ranking Members of the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives:“(A) At least one representative from each of the following Federal entities: the Department of Homeland Security, the Department of Transportation—Office of Inspector General, the Federal Highway Administration, the Department of Defense, and the Department of Justice.“(B) At least one representative from the Federation of State Tax Administrators.“(C) At least one representative from any State department of transportation.“(D) Two representatives from the highway construction industry.“(E) Six representatives from industries relating to fuel distribution—refiners (two representatives), distributors (one representative), pipelines (one representative), and terminal operators (two representatives).“(F) One representative from the retail fuel industry.“(G) Two representatives from the staff of the Committee on Finance of the Senate and two representatives from the staff of the Committee on Ways and Means of the House of Representatives.“(2) Members shall be appointed for the life of the Commission.“(3) A vacancy in the Commission shall be filled in the manner in which the original appointment was made.“(4) Members shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code.“(5) The Chairman of the Commission shall be elected by the members.“(d) Such sums as are necessary shall be available from the Highway Trust fund for the expenses of the Commission.“(e) Upon request of the Commission, representatives of the Department of the Treasury and the Internal Revenue Service shall be available for consultation to assist the Commission in carrying out its duties under this section.“(f) The Commission may secure directly from any department or agency of the United States, information (other than information required by any law to be kept confidential by such department or agency) necessary for the Commission to carry out its duties under this section. Upon request of the Commission, the head of that department or agency shall furnish such nonconfidential information to the Commission. The Commission shall also gather evidence through such means as it may deem appropriate, including through holding hearings and soliciting comments by means of Federal Register notices.“(g) The Commission shall terminate as of the close of
Pub. L. 108–357, title VIII, § 853(f), “(1) There is hereby imposed on aviation-grade kerosene held on “(A) the tax which would have been imposed before such date on such kerosene had the amendments made by this section [amending this section and sections 4041, 4082, 4083, 4101, 4103, 4221, 6206, 6416, 6427, 6724, 9502, and 9508 of this title, redesignating subpart C of part III of subchapter A of chapter 32 of this title as subpart B of part III of subchapter A of chapter 32 of this title, and repealing former subpart B of part III of subchapter A of chapter 32 of this title] been in effect at all times before such date, reduced by“(B) the sum of—“(i) the tax imposed before such date on such kerosene under section 4091 of the Internal Revenue Code of 1986, as in effect on such date, and“(ii) in the case of kerosene held exclusively for such person’s own use, the amount which such person would (but for this clause) reasonably expect (as of such date) to be paid as a refund under section 6427(l) of such Code with respect to such kerosene.“(2) Paragraph (1) shall not apply to kerosene held in the fuel tank of an aircraft on “(3) “(A) The person holding the kerosene on “(B) The tax imposed by paragraph (1) shall be paid at such time and in such manner as the Secretary of the Treasury (or the Secretary’s delegate) shall prescribe, including the nonapplication of such tax on de minimis amounts of kerosene.“(4) For purposes of determining the amount transferred to any trust fund, the tax imposed by this subsection shall be treated as imposed by section 4081 of the Internal Revenue Code of 1986—“(A) in any case in which tax was not imposed by section 4091 of such Code, at the Leaking Underground Storage Tank Trust Fund financing rate under such section to the extent of 0.1 cents per gallon, and“(B) at the rate under section 4081(a)(2)(A)(iv) of such Code to the extent of the remainder.“(5) For purposes of this subsection, kerosene shall be considered as held by a person if title thereto has passed to such person (whether or not delivery to the person has been made).“(6) All provisions of law, including penalties, applicable with respect to the tax imposed by section 4081 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock tax imposed by paragraph (1) to the same extent as if such tax were imposed by such section.”
Pub. L. 105–34, title X, § 1032(g), “(1) In the case of kerosene which is held on “(2) “(A) A person holding kerosene on “(B) The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe.“(C) The tax imposed by paragraph (1) shall be paid on or before “(3) For purposes of this subsection—“(A) Kerosene shall be considered as ‘held by a person’ if title thereto has passed to such person (whether or not delivery to the person has been made).“(B) The term ‘Secretary’ means the Secretary of the Treasury or his delegate.“(4) The tax imposed by paragraph (1) shall not apply to kerosene held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4081 of the Internal Revenue Code of 1986 is allowable for such use.“(5) No tax shall be imposed by paragraph (1) on kerosene held in the tank of a motor vehicle or motorboat.“(6) “(A) No tax shall be imposed by paragraph (1) on kerosene held on “(B) For purposes of subparagraph (A), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (4) or (5).“(C) For purposes of this paragraph—“(i) “(I) All persons treated as a controlled group shall be treated as 1 person.“(II) The term ‘controlled group’ has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ‘more than 50 percent’ shall be substituted for the phrase ‘at least 80 percent’ each place it appears in such subsection.“(ii) Under regulations prescribed by the Secretary, principles similar to the principles of clause (i) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation.“(7) No tax shall be imposed by paragraph (1) on kerosene to the extent that tax has been (or will be) imposed on such kerosene under section 4081 or 4091 of such Code.“(8) All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such section 4081.”
Pub. L. 105–2, § 2(d), “(1) In the case of any aviation liquid on which tax was imposed under section 4081 or 4091 of the Internal Revenue Code of 1986 before the tax effective date and which is held on such date by any person, there is hereby imposed a floor stocks tax of—“(A) 15 cents per gallon in the case of aviation gasoline, and“(B) 17.5 cents per gallon in the case of aviation fuel.“(2) “(A) A person holding, on the tax effective date, any aviation liquid to which the tax imposed by paragraph (1) applies shall be liable for such tax.“(B) The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe.“(C) The tax imposed by paragraph (1) shall be paid on or before the first day of the 5th month beginning after the tax effective date.“(3) For purposes of this subsection—“(A) The term ‘tax effective date’ means the date which is 7 days after the date of the enactment of this Act [“(B) The term ‘aviation liquid’ means aviation gasoline and aviation fuel.“(C) The term ‘aviation gasoline’ has the meaning given such term in section 4081 of such Code.“(D) The term ‘aviation fuel’ has the meaning given such term by section 4093 of such Code.“(E) Aviation liquid shall be considered as ‘held by a person’ if title thereto has passed to such person (whether or not delivery to the person has been made).“(F) The term ‘Secretary’ means the Secretary of the Treasury or the Secretary’s delegate.“(4) The tax imposed by paragraph (1) shall not apply to—“(A) aviation liquid held by any person on the tax effective date exclusively for any use for which a credit or refund of the entire tax imposed by section 4081 or 4091 of such Code (as the case may be) is allowable for such liquid purchased on or after such tax effective date for such use, or“(B) aviation fuel held by any person on the tax effective date exclusively for any use described in section 4092(b) of such Code.“(5) “(A) No tax shall be imposed by paragraph (1) on any aviation liquid held on the tax effective date by any person if the aggregate amount of such liquid (determined separately for aviation gasoline and aviation fuel) held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph.“(B) Any liquid to which the tax imposed by paragraph (1) does not apply by reason of paragraph (4) shall not be taken into account under subparagraph (A).“(C) For purposes of this paragraph—“(i) “(I) All persons treated as a controlled group shall be treated as 1 person.“(II) The term ‘controlled group’ has the meaning given such term by subsection (a) of section 1563 of such Code; except that for such purposes, the phrase ‘more than 50 percent’ shall be substituted for the phrase ‘at least 80 percent’ each place it appears in such subsection.“(ii) Under regulations prescribed by the Secretary, principles similar to the principles of clause (i) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation.“(6) All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 or 4091 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stocks taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such section 4081 or 4091, as the case may be.”
Pub. L. 103–66, title XIII, § 13241(h), “(1) In the case of gasoline, diesel fuel, and aviation fuel on which tax was imposed under section 4081 or 4091 of the Internal Revenue Code of 1986 before “(2) “(A) A person holding gasoline, diesel fuel, or aviation fuel on “(B) The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe.“(C) The tax imposed by paragraph (1) shall be paid on or before “(3) For purposes of this subsection—“(A) Gasoline, diesel fuel, and aviation fuel shall be considered as ‘held by a person’ if title thereto has passed to such person (whether or not delivery to the person has been made).“(B) The term ‘gasoline’ has the meaning given such term by section 4082 [see section 4083] of such Code.“(C) The term ‘diesel fuel’ has the meaning given such term by section 4092 [see section 4083] of such Code.“(D) The term ‘aviation fuel’ has the meaning given such term by section 4092 [see section 4093] of such Code.“(E) The term ‘Secretary’ means the Secretary of the Treasury or his delegate.“(4) The tax imposed by paragraph (1) shall not apply to gasoline, diesel fuel, or aviation fuel held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4081 or 4091 of such Code, as the case may be, is allowable for such use.“(5) No tax shall be imposed by paragraph (1) on gasoline or diesel fuel held in the tank of a motor vehicle or motorboat.“(6) “(A) No tax shall be imposed by paragraph (1)—“(i) on gasoline held on “(ii) on diesel fuel or aviation fuel held on The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph.“(B) For purposes of subparagraph (A), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (4) or (5).“(C) For purposes of this paragraph—“(i) “(I) All persons treated as a controlled group shall be treated as 1 person.“(II) The term ‘controlled group’ has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ‘more than 50 percent’ shall be substituted for the phrase ‘at least 80 percent’ each place it appears in such subsection.“(ii) Under regulations prescribed by the Secretary, principles similar to the principles of clause (i) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation.“(7) All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code in the case of gasoline and section 4091 of such Code in the case of diesel fuel and aviation fuel shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such section 4081 or 4091.”
Pub. L. 103–66, title XIII, § 13243, “(a) There is hereby imposed a floor stocks tax on diesel fuel held by any person on “(1) no tax was imposed on such fuel under section 4041(a) or 4091 of the Internal Revenue Code of 1986 as in effect on “(2) tax would have been imposed by section 4081 of such Code, as amended by this Act, on any prior removal, entry, or sale of such fuel had such section 4081 applied to such fuel for periods before “(b) The rate of the tax imposed by subsection (a) shall be the amount of tax which would be imposed under section 4081 of the Internal Revenue Code of 1986 if there were a taxable sale of such fuel on such date.“(c) “(1) A person holding the diesel fuel on “(2) The tax imposed by this section shall be paid in such manner as the Secretary shall prescribe.“(3) The tax imposed by this section shall be paid on or before “(d) For purposes of this section—“(1) The term ‘diesel fuel’ has the meaning given such term by section 4083(a) of such Code.“(2) The term ‘Secretary’ means the Secretary of the Treasury or his delegate.“(e) “(1) The tax imposed by this section shall not apply to fuel held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4081 is allowable for such use.“(2) Paragraph (1) shall not apply to the holder of any fuel if the holder of such fuel fails to comply with any requirement imposed by the Secretary with respect to dyeing and marking such fuel.“(f) All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code shall, insofar as applicable and not inconsistent with the provisions of this section, apply with respect to the floor stock taxes imposed by this section to the same extent as if such taxes were imposed by such section 4081.”
Pub. L. 101–508, title XI, § 11211(j),
Pub. L. 99–514, title XVII, § 1703(f),
Pub. L. 99–514, title XVII, § 1703(g),
Pub. L. 97–424, title V, § 518, “(a) 14-The Secretary shall prescribe regulations which permit any qualified person whose liability for tax under section 4081 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] is payable with respect to semi-monthly periods to pay such tax on or before the day which is 14 days after the close of such semi-monthly period if such payment is made by wire transfer to, except as provided in regulations prescribed by the Secretary of the Treasury or his delegate, any Federal Reserve Bank.“(b) For purposes of this section—“(1) The term ‘qualified person’ means—“(A) any person other than any person whose average daily production of crude oil for the preceding calendar quarter exceeds 1,000 barrels, and“(B) any independent refiner (within the meaning of section 4995(b)(4) of such Code).“(2) For purposes of paragraph (1), in determining whether any person’s production exceeds 1,000 barrels per day, rules similar to the rules of section 4992(e) of the Internal Revenue Code of 1986 shall apply.“(c) If, but for this subsection, the due date under subsection (a) would fall on a Saturday, Sunday, or a holiday in the District of Columbia, such due date shall be deemed to be the immediately preceding day which is not a Saturday, Sunday, or such a holiday.”
Study respecting portion of taxes imposed by this section is attributable to fuel used in recreational motorboats and report to Congress no later than 2 years after
Pub. L. 95–618, title II, § 221(d),