Section 6426(k)(3), referred to in subsec. (e)(6)(E), probably should be a reference to section 40B of this title, which contains a definition of “sustainable aviation fuel”. Section 6426(k)(3) of this title, as enacted by Pub. L. 117–169, does not define that term. However, a prior version of the bill that became Pub. L. 117–169 contained an amendment adding subsec. (k) to section 6426 that did contain such a par. (3) that adopted the definitions in section 40B.
Section 4081(c), referred to in subsec. (f)(1), was repealed by Pub. L. 108–357, title III, § 301(c)(7),
Section 4091, referred to in subsec. (f)(1), (2)(A)(ii), (B)(ii), was repealed by Pub. L. 108–357, title VIII, § 853(d)(1),
2022—Subsec. (e). Pub. L. 117–169, § 13203(d)(2)(B)(i), substituted “alternative fuel, or sustainable aviation fuel” for “or alternative fuel” in heading.
Subsec. (e)(1). Pub. L. 117–169, § 13203(d)(2)(B)(ii), inserted “or the sustainable aviation fuel mixture credit” after “alternative fuel mixture credit”.
Subsec. (e)(6)(B). Pub. L. 117–169, § 13201(b)(2), substituted “
Subsec. (e)(6)(C). Pub. L. 117–169, § 13201(e), substituted “
Subsec. (e)(6)(E). Pub. L. 117–169, § 13203(d)(2)(B)(iii), added subpar. (E).
2020—Subsec. (e)(6)(C). Pub. L. 116–260 substituted “
2019—Subsec. (e)(6)(B). Pub. L. 116–94, § 121(b)(1)(B), substituted “
Subsec. (e)(6)(C). Pub. L. 116–94, § 133(a)(2), substituted “
2018—Subsec. (e)(6)(B). Pub. L. 115–123, § 40407(b)(2), substituted “
Subsec. (e)(6)(C). Pub. L. 115–123, § 40415(a)(2), substituted “
2015—Subsec. (e)(6)(B). Pub. L. 114–113, § 185(b)(2), substituted “
Subsec. (e)(6)(C). Pub. L. 114–113, § 192(a)(2), substituted “
2014—Subsec. (e)(6)(B). Pub. L. 113–295, § 160(a)(2), substituted “
Subsec. (e)(6)(C). Pub. L. 113–295, § 160(c)(2)(A), (B), substituted “any” for “except as provided in subparagraph (D), any” and inserted “and” at end.
Pub. L. 113–295, § 160(b)(2), substituted “
Subsec. (e)(6)(D), (E). Pub. L. 113–295, § 160(c)(2)(C), redesignated subpar. (E) as (D) and struck out former subpar. (D) which read as follows: “any alternative fuel (as so defined) involving liquefied hydrogen sold or used after
2013—Subsec. (e)(6)(B). Pub. L. 112–240, § 405(b)(2), substituted “
Subsec. (e)(6)(C). Pub. L. 112–240, § 412(b)(1), substituted “(as defined in section 6426(d)(2))” for “or alternative fuel mixture (as defined in subsection (d)(2) or (e)(3) of section 6426)” and “
Subsec. (e)(6)(D). Pub. L. 112–240, § 412(b)(2)(A), struck out “or alternative fuel mixture” after “any alternative fuel”.
Subsec. (e)(6)(E). Pub. L. 112–240, § 412(b)(2)(B), (3), added subpar. (E).
2010—Subsec. (e)(6)(A). Pub. L. 111–312, § 708(c)(1), substituted “
Subsec. (e)(6)(B). Pub. L. 111–312, § 701(b)(2), substituted “
Subsec. (e)(6)(C). Pub. L. 111–312, § 704(a), substituted “
2008—Subsec. (e)(5). Pub. L. 110–343, § 203(c)(2), added par. (5). Former par. (5) redesignated (6).
Subsec. (e)(5)(B). Pub. L. 110–343, § 202(a), substituted “
Subsec. (e)(6). Pub. L. 110–343, § 203(c)(2), redesignated par. (5) as (6).
Subsec. (e)(6)(C). Pub. L. 110–343, § 204(a)(3), which directed amendment of subsec. (e)(5)(C) by substituting “
2007—Subsec. (e)(3). Pub. L. 110–172, § 11(a)(37), redesignated par. (3), relating to termination, as (5).
Subsec. (e)(5). Pub. L. 110–172, § 11(a)(37), redesignated par. (3), relating to termination, as (5).
Subsec. (e)(5)(B). Pub. L. 110–172, § 11(e)(1), substituted “2008” for “2006”.
Subsec. (i)(3). Pub. L. 110–172, § 5(a)(1)(C), substituted “mixture credits and the alternative fuel credit” for “alcohol fuel and biodiesel mixture credit” in heading.
Subsec. (i)(3)(A). Pub. L. 110–172, § 5(a)(1)(A), in introductory provisions, inserted “or under subsection (e)(2) by any person with respect to an alternative fuel (as defined in section 6426(d)(2))” after “section 6426”.
Subsec. (i)(3)(A)(i), (B). Pub. L. 110–172, § 5(a)(1)(B), inserted “or (e)(2)” after “subsection (e)(1)”.
Subsec. (l)(4)(A)(ii). Pub. L. 110–172, § 11(a)(38), which directed substitution of “section 4081(a)(2)(A)(iii)” for “section 4081(a)(2)(iii)”, could not be executed, because “section 4081(a)(2)(iii)” did not appear subsequent to amendment by Pub. L. 109–432, § 420(a). See 2006 Amendment note below.
Subsecs. (p), (q). Pub. L. 110–172, § 11(a)(39)(A), redesignated subsec. (q) as (p) and struck out heading and text of former subsec. (p). Text of former subsec. (p) read as follows: “Except as provided in subsection (k), if—
“(1) any tax is imposed by section 4081 at a rate determined under subsection (c) thereof on gasohol (as defined in such subsection), and
“(2) such gasohol is used as a fuel in any aircraft in noncommercial aviation (as defined in section 4041(c)(2),
the Secretary shall pay (without interest) to the ultimate purchaser of such gasohol an amount equal to 1.4 cents (2 cents in the case of a mixture none of the alcohol in which consists of ethanol) multiplied by the number of gallons of gasohol so used.”
2006—Subsec. (i)(4)(A). Pub. L. 109–432, § 420(b)(3), substituted “paragraph (4)(C) or (5)” for “paragraph (4)(B), (5), or (6)” in introductory provisions and cl. (i) and “(l)(4)(C)(ii), and (l)(5)” for “(l)(5), and (l)(6)” in concluding provisions.
Subsec. (l)(1). Pub. L. 109–432, § 420(b)(4), substituted “paragraph (4)(C)(i)” for “paragraph (4)(B)”.
Subsec. (l)(4). Pub. L. 109–432, § 420(a), amended heading and text of par. (4) generally, substituting provisions relating to refunds for kerosene used in commercial aviation, refunds for kerosene used in noncommercial aviation, and payments to ultimate, registered vendor, consisting of subpars. (A) to (C), for provisions relating to refunds for kerosene used in commercial aviation and payment to ultimate, registered vendor, consisting of subpars. (A) and (B).
Subsec. (l)(5), (6). Pub. L. 109–432, § 420(b)(1), redesignated par. (6) as (5) and struck out former par. (5), which related to refunds for kerosene used in noncommercial aviation.
2005—Subsec. (e). Pub. L. 109–59, § 11113(b)(3)(C)(ix), substituted “, biodiesel, or alternative fuel” for “or biodiesel used to produce alcohol fuel and biodiesel mixtures” in heading.
Subsec. (e)(1). Pub. L. 109–59, § 11113(b)(3)(C)(i), inserted “or the alternative fuel mixture credit” after “biodiesel mixture credit”.
Subsec. (e)(2). Pub. L. 109–59, § 11113(b)(3)(C)(iii), added par. (2). Former par. (2) redesignated (3).
Subsec. (e)(3). Pub. L. 109–59, § 11113(b)(3)(C)(iv), substituted “under paragraph (1) or (2) with respect to any mixture or alternative fuel” for “under paragraph (1) with respect to any mixture”.
Pub. L. 109–59, § 11113(b)(3)(C)(ii), redesignated par. (2) as (3).
Subsec. (e)(4). Pub. L. 109–59, § 11113(b)(3)(C)(v), added par. (4).
Subsec. (e)(4)(B). Pub. L. 109–58, § 1344(a), which directed amendment of par. (4)(B) by substituting “2008” for “2006”, could not be executed because there was no par. (4) prior to amendment by Pub. L. 109–59, § 11113(b)(3)(C)(v). See 2007 Amendment note above relating to subsec. (e)(5)(B).
Subsec. (e)(5). Pub. L. 109–59, § 11113(b)(3)(C)(ii), which directed amendment of subsec. (e) by redesignating par. (4) as (5), could not be executed because there was no par. (4) prior to amendment by Pub. L. 109–59, § 11113(b)(3)(C)(v). See 2005 and 2007 Amendment notes above.
Subsec. (e)(5)(C), (D). Pub. L. 109–59, § 11113(b)(3)(C)(vi)–(viii), added subpars. (C) and (D).
Subsec. (f). Pub. L. 109–59, § 11151(a)(1), struck out subsec. (f) which related to payment by Secretary of an amount equal to the excess of the regular tax rate over the incentive tax rate with respect to any gasoline, diesel fuel, kerosene, or aviation fuel on which tax was imposed by section 4081 or 4091 at the regular tax rate, which is used by any person in producing a mixture described in section 4081(c) or 4091(c)(1)(A), and which is sold or used in such person’s trade or business.
Subsec. (i)(1), (2)(A). Pub. L. 109–58, § 1343(b)(3), inserted “(m),” after “(l),” in par. (1) and in par. (2)(A) in introductory provisions.
Subsec. (i)(4)(A). Pub. L. 109–59, § 11161(b)(3)(D)(ii), which directed amendment of subpar. (A) by substituting “subsections (b)(4), (l)(5), and (l)(6)” for “subsection (b)(4) and subsection (l)(5)” in concluding provisions, was executed by making the substitution for “subsections (b)(4) and subsection (l)(5)” to reflect the probable intent of Congress.
Pub. L. 109–59, § 11161(b)(3)(D)(i), substituted “paragraph (4)(B), (5), or (6)” for “paragraph (4)(B) or (5)” in two places.
Subsec. (l). Pub. L. 109–59, § 11161(b)(3)(B), substituted “and kerosene” for “, kerosene and aviation fuel” in heading.
Subsec. (l)(2). Pub. L. 109–59, § 11161(b)(2)(A), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “For purposes of this subsection, the term ‘nontaxable use’ means—
“(A) in the case of diesel fuel or kerosene, any use which is exempt from the tax imposed by section 4041(a)(1) other than by reason of a prior imposition of tax, and
“(B) in the case of aviation-grade kerosene—
“(i) any use which is exempt from the tax imposed by section 4041(c) other than by reason of a prior imposition of tax, or
“(ii) any use in commercial aviation (within the meaning of section 4083(b)).”
Subsec. (l)(4). Pub. L. 109–59, § 11161(b)(3)(E)(iv), substituted “kerosene used in commercial aviation” for “aviation-grade kerosene” in heading.
Subsec. (l)(4)(A). Pub. L. 109–59, § 11161(b)(3)(E)(i), struck out “aviation-grade” before “kerosene” in introductory provisions.
Subsec. (l)(4)(A)(ii). Pub. L. 109–59, § 11161(b)(3)(E)(ii), substituted “section 4081(a)(2)(iii)” for “section 4081(a)(2)(A)(iv)”.
Subsec. (l)(4)(B). Pub. L. 109–59, § 11161(b)(3)(E)(iii), substituted “kerosene used in commercial aviation as described in subparagraph (A)” for “aviation-grade kerosene” in introductory provisions.
Subsec. (l)(5). Pub. L. 109–59, § 11161(b)(2)(B), added par. (5). Former par. (5) redesignated (6).
Subsec. (l)(6). Pub. L. 109–59, § 11162(b), struck out “farmers and” before “State and local governments” in heading.
Pub. L. 109–59, § 11161(b)(2)(B), redesignated par. (5) as (6).
Subsec. (l)(6)(A). Pub. L. 109–59, § 11162(a), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “Paragraph (1) shall not apply to diesel fuel or kerosene used—
“(i) on a farm for farming purposes (within the meaning of section 6420(c)), or
“(ii) by a State or local government.”
Subsec. (l)(6)(B). Pub. L. 109–59, § 11161(b)(3)(F), substituted “kerosene used in aviation” for “aviation-grade kerosene” in introductory provisions.
Subsec. (l)(6)(C). Pub. L. 109–59, § 11163(c)(1), substituted “Except as provided in subparagraph (D), the amount” for “The amount” in introductory provisions.
Subsec. (l)(6)(D). Pub. L. 109–59, § 11163(c)(2), added subpar. (D).
Subsecs. (m), (n). Pub. L. 109–58, § 1343(b)(1), added subsec. (m) and redesignated former subsec. (m) as (n). Former subsec. (n) redesignated (o).
Subsec. (o). Pub. L. 109–58, § 1343(b)(1), redesignated subsec. (n) as (o). Former subsec. (o) redesignated (p).
Pub. L. 109–59, § 11151(a)(2), which directed the redesignation of subsec. (p) as (o) and the striking of former subsec. (o), to be treated as not having been enacted. See Construction of Amendment by Pub. L. 109–59 note below.
Subsec. (p). Pub. L. 109–58, § 1343(b)(1), redesignated subsec. (o) as (p). Former subsec. (p) redesignated (q).
Pub. L. 109–59, § 11151(a)(2), which directed the redesignation of subsec. (p) as (o), to be treated as not having been enacted. See Construction of Amendment by Pub. L. 109–59 note below.
Subsec. (q). Pub. L. 109–58, § 1343(b)(1), redesignated subsec. (p) as (q).
2004—Subsec. (b)(4). Pub. L. 108–357, § 857(b), added par. (4).
Subsec. (e). Pub. L. 108–357, § 301(c)(9), added subsec. (e).
Subsec. (h). Pub. L. 108–357, § 870(b), amended heading and text of subsec. (h) generally. Prior to amendment, text read as follows: “Except as provided in subsection (k), if any gasoline blend stock or additive (within the meaning of section 4083(a)(2)) is not used by any person to produce gasoline and such person establishes that the ultimate use of such gasoline blend stock or additive is not to produce gasoline, the Secretary shall pay (without interest) to such person an amount equal to the aggregate amount of the tax imposed on such person with respect to such gasoline blend stock or additive.”
Subsec. (i)(2)(C). Pub. L. 108–357, § 851(d)(3), added subpar. (C).
Subsec. (i)(3). Pub. L. 108–357, § 301(c)(10)(F), substituted “alcohol fuel and biodiesel mixture” for “alcohol mixture” in heading.
Subsec. (i)(3)(A). Pub. L. 108–357, § 301(c)(10)(A)–(C), substituted “a mixture described in section 6426” for “gasoline, diesel fuel, or kerosene used to produce a qualified alcohol mixture (as defined in section 4081(c)(3))” in introductory provisions, substituted “subsection (e)(1)” for “subsection (f)” in two places, and inserted concluding provisions.
Subsec. (i)(3)(B). Pub. L. 108–357, § 301(c)(10)(D), (E), substituted “subsection (e)(1)” for “subsection (f)(1)” and “45 days of the date of the filing of such claim (20 days in the case of an electronic claim)” for “20 days of the date of the filing of such claim”.
Subsec. (i)(4)(A). Pub. L. 108–357, § 857(c), which directed the insertion of “subsections (b)(4) and” after “filed under”, was executed by making the insertion in concluding provisions, to reflect the probable intent of Congress.
Pub. L. 108–357, § 853(c)(2), substituted “paragraph (4)(B) or (5) of subsection (l)” for “subsection (l)(5)” in introductory provisions and in cl. (i) and substituted “subsection (l)(5)” for “the preceding sentence” before period at end of concluding provisions.
Subsec. (j)(1). Pub. L. 108–357, § 853(d)(2)(J), substituted “and 4081” for “, 4081, and 4091”.
Subsec. (l)(1). Pub. L. 108–357, § 853(d)(2)(K)(i), reenacted heading without change and amended text of par. (1) generally. Prior to amendment, text read as follows: “Except as otherwise provided in this subsection and in subsection (k), if—
“(A) any diesel fuel or kerosene on which tax has been imposed by section 4041 or 4081, or
“(B) any aviation fuel on which tax has been imposed by section 4091,
is used by any person in a nontaxable use, the Secretary shall pay (without interest) to the ultimate purchaser of such fuel an amount equal to the aggregate amount of tax imposed on such fuel under section 4041, 4081, or 4091, as the case may be.”
Subsec. (l)(2)(B). Pub. L. 108–357, § 853(c)(3), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “in the case of aviation fuel, any use which is exempt from the tax imposed by section 4041(c)(1) other than by reason of a prior imposition of tax.”
Subsec. (l)(3)(B). Pub. L. 108–357, § 241(a)(2)(D), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “so much of the rate specified in section 4081(a)(2)(A) as does not exceed—
“(i) 6.8 cents per gallon after
“(ii) 5.55 cents per gallon after
“(iii) 4.3 cents per gallon after
Subsec. (l)(4). Pub. L. 108–357, § 853(c)(1), amended heading and text of par. (4) generally. Text read as follows: “In the case of fuel used in commercial aviation (as defined in section 4092(b)) (other than supplies for vessels or aircraft within the meaning of section 4221(d)(3)), paragraph (1) shall not apply to so much of the tax imposed by section 4091 as is attributable to—
“(A) the Leaking Underground Storage Tank Trust Fund financing rate imposed by such section, and
“(B) in the case of fuel purchased after
Subsec. (l)(5)(B). Pub. L. 108–357, § 853(d)(2)(K)(ii), substituted “Paragraph (1) shall not apply to kerosene (other than aviation-grade kerosene)” for “Paragraph (1)(A) shall not apply to kerosene” in introductory provisions.
1998—Subsec. (d). Pub. L. 105–206, § 6016(b), in heading, substituted “other aircraft uses” for “helicopters” and, in concluding provisions, inserted “or a fixed-wing aircraft” after “helicopter”.
Subsec. (f)(3). Pub. L. 105–206, § 6023(25), struck out “, (e),” after “subsection (d)”.
Subsec. (f)(4). Pub. L. 105–178, § 9003(a)(2), substituted “2007” for “1999”.
Subsec. (i)(1). Pub. L. 105–206, § 6023(26)(B), substituted “(o)” for “(q)”.
Subsec. (i)(2)(A). Pub. L. 105–206, § 6023(26)(B), substituted “(o)” for “(q)”.
Pub. L. 105–178, § 9009(a), reenacted heading without change and amended text of subpar. (A) generally. Prior to amendment, text read as follows: “If $1,000 or more is payable under subsections (a), (b), (d), (h), and (q) to any person with respect to fuel used during any of the first 3 quarters of his taxable year, a claim may be filed under this section with respect to fuel used, during such quarter.”
Subsec. (i)(2)(B). Pub. L. 105–206, § 6017(a), reenacted heading without change and amended text of subpar. (B) generally. Prior to amendment, text read as follows: “No claim filed under this paragraph shall be allowed unless filed on or before the last day of the first quarter following the quarter for which the claim is filed.”
Subsec. (i)(4), (5). Pub. L. 105–178, § 9009(b)(1), redesignated par. (5) as (4) and struck out par. (4) which read as follows:
“(4)
“(A)
“(B)
Subsec. (k)(2). Pub. L. 105–178, § 9009(b)(2), reenacted heading without change and amended text of par. (2) generally. Prior to amendment, text read as follows: “Paragraph (1) shall not apply to a payment of a claim filed under paragraph (2), (3), (4), or (5) of subsection (i).”
Subsec. (l)(3)(B)(ii). Pub. L. 105–178, § 9006(b)(2)(A), substituted “
Subsec. (l)(3)(B)(iii). Pub. L. 105–178, § 9006(b)(2)(B), substituted “
Subsecs. (m) to (p). Pub. L. 105–206, § 6023(26)(A), redesignated subsecs. (n), (p), (q), and (r) as (m), (n), (o), and (p), respectively.
Subsec. (q). Pub. L. 105–206, § 6023(26)(A), redesignated subsec. (q) as (o).
Subsec. (q)(2). Pub. L. 105–206, § 6023(16), substituted “section 4041(c)(2)” for “section 4041(c)(4)”.
Subsec. (r). Pub. L. 105–206, § 6023(26)(A), redesignated subsec. (r) as (p).
1997—Subsec. (f). Pub. L. 105–34, § 1032(e)(7), inserted “kerosene,” after “diesel fuel,” in subsec. heading and in text of par. (1).
Subsec. (f)(2)(A)(i), (B)(i). Pub. L. 105–34, § 1032(e)(8), substituted “, diesel fuel, or kerosene” for “or diesel fuel”.
Subsec. (f)(3). Pub. L. 105–34, § 1032(e)(7), inserted “kerosene,” after “diesel fuel,”.
Subsec. (i)(3)(A). Pub. L. 105–34, § 1032(e)(9), substituted “, diesel fuel, or kerosene” for “or diesel fuel” in introductory provisions.
Subsec. (i)(4). Pub. L. 105–34, § 1032(e)(10), amended heading generally. Prior to amendment, heading read as follows: “Special rule for nontaxable uses of diesel fuel and aviation fuel taxed under section 4081 or 4091”.
Subsec. (i)(5)(A)(i). Pub. L. 105–34, § 1032(c)(3)(E), inserted “($100 or more in the case of kerosene)” after “$200 or more”.
Subsec. (l). Pub. L. 105–34, § 1032(c)(3)(D), inserted “, kerosene,” after “diesel fuel” in heading.
Subsec. (l)(1)(A), (2)(A). Pub. L. 105–34, § 1032(c)(3)(A), inserted “or kerosene” after “diesel fuel”.
Subsec. (l)(5). Pub. L. 105–34, § 1032(c)(3)(A), inserted “or kerosene” after “diesel fuel” in heading.
Subsec. (l)(5)(A). Pub. L. 105–34, § 1032(c)(3)(A), inserted “or kerosene” after “diesel fuel” in introductory provisions.
Subsec. (l)(5)(B). Pub. L. 105–34, § 1032(c)(3)(B), added subpar. (B) and redesignated former subpar. (B) as (C).
Subsec. (l)(5)(C). Pub. L. 105–34, § 1032(c)(3)(B), (C), redesignated subpar. (B) as (C) and substituted “subparagraph (A) or (B)” for “subparagraph (A)” in introductory provisions.
1996—Subsec. (f)(4). Pub. L. 104–188, § 1703(k), substituted “1999” for “1995”.
Subsec. (g). Pub. L. 104–188, § 1606(a), struck out subsec. (g) which related to advance repayment of increased diesel fuel tax to original purchasers of diesel-powered automobiles and light trucks.
Subsec. (i)(1), (2)(A). Pub. L. 104–188, § 1606(b)(2), struck out “(g),” after “(d),” and “(or a qualified diesel powered highway vehicle purchased)” after “with respect to fuel used” wherever appearing.
Subsec. (l)(4). Pub. L. 104–188, § 1702(b)(2)(B), amended par. (4), as in effect before the amendments made by the Revenue Reconciliation Act of 1993 [ch. I, §§ 13001–13444, of title XIII of Pub. L. 103–66], by inserting before the period “unless such fuel was used by a State or any political subdivision thereof”. See 1993 Amendment note below for subsec. (l).
1993—Subsec. (a). Pub. L. 103–66, § 13242(d)(21), substituted “paragraph (2) or (3) of section 4041(a) or section 4041(c)” for “section 4041(a) or (c)” in introductory provisions.
Subsec. (b)(1). Pub. L. 103–66, § 13242(d)(25), substituted “if any fuel other than gasoline (as defined in section 4083(a))” for “if any fuel” in introductory provisions and “4081” for “4091” in introductory and concluding provisions.
Subsec. (b)(2). Pub. L. 103–66, § 13241(f)(8)(B), substituted “Reduction” for “3-cent reduction” in heading.
Subsec. (b)(2)(A). Pub. L. 103–66, § 13242(d)(25)(B), substituted “4081” for “4091”.
Pub. L. 103–66, § 13241(f)(8)(A), substituted “7.4 cents” for “3.1 cents”.
Subsec. (c). Pub. L. 103–66, § 13242(d)(21), substituted “paragraph (2) or (3) of section 4041(a) or section 4041(c)” for “section 4041(a) or (c)”.
Subsec. (f)(1). Pub. L. 103–66, § 13242(d)(26)(A), substituted “or 4091(c)(1)(A)” for “, 4091(c)(1)(A), or 4091(d)(1)(A)”.
Subsec. (f)(2). Pub. L. 103–66, § 13242(d)(26)(B), amended heading and text of par. (2) generally. Prior to amendment, text read as follows: “For purposes of paragraph (1)—
“(A)
“(i) in the case of gasoline, the aggregate rate of tax imposed by section 4081 determined without regard to subsection (c) thereof,
“(ii) in the case of diesel fuel, the aggregate rate of tax imposed by section 4091 on such fuel determined without regard to subsection (c) thereof, and
“(iii) in the case of aviation fuel, the aggregate rate of tax imposed by section 4091 on such fuel determined without regard to subsection (d) thereof.
“(B)
“(i) in the case of gasoline, the aggregate rate of tax imposed by section 4081 with respect to fuel described in subsection (c)(1) thereof,
“(ii) in the case of diesel fuel, the aggregate rate of tax imposed by section 4091 with respect to fuel described in subsection (c)(1)(B) thereof, and
“(iii) in the case of aviation fuel, the aggregate rate of tax imposed by section 4091 with respect to fuel described in subsection (d)(1)(B) thereof.”
Subsec. (h). Pub. L. 103–66, § 13242(d)(27), substituted “section 4083(a)(2)” for “section 4082(b)”.
Subsec. (i)(1). Pub. L. 103–66, § 13242(c)(2)(B), substituted “otherwise provided in this subsection” for “provided in paragraphs (2), (3), and (4)”.
Subsec. (i)(3). Pub. L. 103–66, § 13242(d)(28)(A), substituted “alcohol mixture” for “gasohol” in heading.
Subsec. (i)(3)(A). Pub. L. 103–66, § 13242(d)(28)(B), substituted “gasoline or diesel fuel used to produce a qualified alcohol mixture (as defined in section 4081(c)(3))” for “gasoline used to produce gasohol (as defined in section 4081(c)(1))”.
Subsec. (i)(3)(C). Pub. L. 103–66, § 13242(c)(2)(D), added subpar. (C).
Subsec. (i)(4). Pub. L. 103–66, § 13242(d)(30), inserted “4081 or” before “4091” in heading.
Subsec. (i)(5). Pub. L. 103–66, § 13242(c)(2)(A), added par. (5).
Subsec. (j)(1). Pub. L. 103–66, § 13242(d)(29), substituted “sections 4041, 4081, and 4091” for “section 4041”.
Subsec. (k)(2). Pub. L. 103–66, § 13242(c)(2)(C), substituted “(4), or (5)” for “or (4)”.
Subsec. (l). Pub. L. 103–66, § 13242(d)(31), amended subsec. heading and headings and text of pars. (1) to (4) generally. Prior to amendment, pars. (1) to (4) read as follows:
“(1)
“(2)
“(3)
“(4)
Pub. L. 103–66, § 13241(f)(9), added pars. (3) and (4) and struck out former pars. (3) and (4) which read as follows:
“(3)
“(A) fuel used in a diesel-powered train, and
“(B) fuel used in any aircraft (except as supplies for vessels or aircraft within the meaning of section 4221(d)(3)).
“(4)
Subsec. (l)(5). Pub. L. 103–66, § 13242(c)(1), added par. (5).
Subsec. (m). Pub. L. 103–66, § 13241(f)(10), struck out heading and text of subsec. (m). Text read as follows: “For purposes of subsection (a), in the case of gasoline—
“(1) on which tax was imposed under section 4041(c)(2),
“(2) on which tax was not imposed under section 4081, and
“(3) which was not used as an off-highway business use (within the meaning of section 6421(e)(2)),
the amount of the payment under subsection (a) shall be an amount equal to the amount of gasoline used as described in subsection (a) or resold multiplied by the rate equal to the excess of the rate of tax imposed by section 4041(c)(2) over the rate of tax imposed by section 4081.”
Subsec. (o). Pub. L. 103–66, § 13241(f)(10), struck out heading and text of subsec. (o). Text read as follows: “Except with respect to taxes imposed by section 4041(d) and sections 4081 and 4091 at the Leaking Underground Storage Tank Trust Fund financing rate, subsections (a), (b), (c), (d), (g), (h), and (l) shall only apply with respect to fuels purchased before
1991—Subsecs. (g)(5), (o). Pub. L. 102–240 substituted “1999” for “1995”.
1990—Subsec. (b)(2)(A). Pub. L. 101–508, § 11211(b)(5), substituted “shall be 3.1 cents per gallon less than the aggregate rate at which tax was imposed on such fuel by section 4041(a) or 4091, as the case may be” for “shall not exceed 12 cents”.
Subsec. (e). Pub. L. 101–508, § 11801(a)(46), struck out subsec. (e) which required payment of refunds of gasoline or fuel tax to ultimate purchasers where such gasoline or fuel was used in a qualified taxicab engaged exclusively in furnishing qualified taxicab services.
Subsec. (f). Pub. L. 101–508, § 11213(b)(3), amended subsec. (f) generally, restructuring and restating pars. (1) to (3) as (1) to (4) and extending the termination date from
Subsec. (g)(5). Pub. L. 101–508, § 11211(d)(7), substituted “1995” for “1993”.
Subsec. (i)(1). Pub. L. 101–508, § 11801(c)(23)(A), struck out “(e),” before “(g),”.
Subsec. (i)(2)(A). Pub. L. 101–508, § 11801(c)(23)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “If—
“(i) $1,000 or more is payable under subsections (a), (b), (d), (e), (g), (h), and (q), or
“(ii) $50 or more is payable under subsection (e),
to any person with respect to fuel used (or a qualified diesel powered highway vehicle purchased) during any of the first three quarters of his taxable year, a claim may be filed under this section by the purchaser with respect to fuel used (or a qualified diesel powered highway vehicle purchased) during such quarter.”
Subsec. (i)(2)(B), (C). Pub. L. 101–508, § 11801(c)(23)(C), redesignated subpar. (C) as (B) and struck out former subpar. (B) “Special rule” which read as follows: “If the requirements of subparagraph (A)(ii) are met by any person for any quarter but the requirements of subparagraph (A)(i) are not met by such person for such quarter, such person may file a claim under subparagraph (A) for such quarter only with respect to amounts referred to in subparagraph (A)(ii).”
Subsec. (l)(1). Pub. L. 101–508, § 11211(b)(4)(B)(ii), inserted reference to par. (4).
Subsec. (l)(4). Pub. L. 101–508, § 11211(b)(4)(B)(i), added par. (4).
Subsec. (o). Pub. L. 101–508, § 11211(d)(8), substituted “1995” for “1993”.
Subsec. (q). Pub. L. 101–508, § 11211(b)(6)(E)(ii), substituted heading for one which read: “Gasoline used in noncommercial aviation during period rate reduction in effect” and amended text generally. Prior to amendment, text read as follows: “Except as provided in subsection (k), if—
“(1) any tax is imposed by section 4081 on any gasoline,
“(2) such gasoline is used during 1991 as a fuel in any aircraft in noncommercial aviation (as defined in section 4041(c)(4)), and
“(3) no tax is imposed by section 4041(c)(2) on taxable events occurring during 1991 by reason of section 4283,
the Secretary shall pay (without interest) to the ultimate purchaser of such gasoline an amount equal to the excess of the aggregate amount of tax paid under section 4081 on the gasoline so used over an amount equal to 6 cents multiplied by the number of gallons of gasoline so used.”
1989—Subsec. (f)(1)(B). Pub. L. 101–239, § 7812(a), made technical correction to directory language of Pub. L. 100–647, § 2001(d)(7)(C), see 1988 Amendment note below.
Subsec. (i)(1). Pub. L. 101–239, § 7822(b)(1), substituted “subsection (a), (b), (c), (d), (e), (g), (h), (l), or (q) by any person” for “subsection (a), (b), (c), (d), (e),, (g), (h), or (l) by any person”.
Subsec. (i)(2)(A)(i). Pub. L. 101–239, § 7822(b)(2), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “$1,000 or more is payable under subsections (a), (b), (d), (e), (g), (h), and or”.
Subsec. (i)(2)(B). Pub. L. 101–239, § 7822(b)(3), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “If the requirements of clause (ii) of subparagraph (A) are met by any person for any quarter but the requirements of subparagraph (A)(i) are not met by such person for such quarter, such person may file a claim under subparagraph (A) for such quarter only with respect to amounts referred to in the clause of subparagraph (A) the requirements of which are met by such person for such quarter.”
Subsec. (j)(2). Pub. L. 101–239, § 7841(d)(20), substituted “section 7602(a)” for “section 7602”.
Subsec. (p). Pub. L. 101–239, § 7822(b)(4), redesignated subsec. (q), relating to payments for taxes imposed by section 4041(d), as (p).
Subsec. (q). Pub. L. 101–239, § 7501(b)(3), substituted “1991” for “1990” in pars. (2) and (3).
Pub. L. 101–239, § 7822(b)(4), redesignated subsec. (q), relating to payments for taxes imposed by section 4041(d), as (p).
1988—Subsec. (f)(1)(A). Pub. L. 100–647, § 2001(d)(7)(B), substituted “regular tax rate” for “regular Highway Trust Fund financing rate” in two places and “incentive tax rate” for “incentive Highway Trust Fund Financing rate”, notwithstanding directory language that “incentive tax rate” was to be substituted for “Highway Trust Fund financing rate”.
Subsec. (f)(1)(B). Pub. L. 100–647, § 2001(d)(7)(C), as amended by Pub. L. 101–239, § 7812(a), amended subpar. (B) generally. Prior to amendment, subpar. (B) defined “regular Highway Trust Fund financing rate” and “incentive Highway Trust Fund Financing rate”.
Subsec. (i)(1). Pub. L. 100–647, § 3002(c)(1), substituted “paragraphs (2), (3), and (4)” for “paragraph (2)”.
Subsec. (i)(2)(A)(i). Pub. L. 100–647, § 3002(c)(2), struck out “(l),” after “and”.
Subsec. (i)(4). Pub. L. 100–647, § 3002(a), added par. (4).
Subsec. (k)(2). Pub. L. 100–647, § 3002(b), substituted “paragraph (2), (3), or (4)” for “paragraph (2) or (3)”.
Pub. L. 100–647, § 1017(c)(10), substituted “paragraph (2) or (3) of subsection (i).” for “subsection” and all that followed, thereby effecting the purpose of the amendment contained in section 1703(e)(2)(E) of Pub. L. 99–514. See 1986 Amendment note below.
Subsec. (l)(2). Pub. L. 100–647, § 2001(d)(7)(D), inserted “under section 4041” after “exempt”.
Subsec. (l)(3)(B). Pub. L. 100–647, § 2004(s)(2), inserted “(except as supplies for vessels or aircraft within the meaning of section 4221(d)(3))” after “aircraft”.
Subsec. (m)(3). Pub. L. 100–647, § 1017(c)(3), substituted “6421(e)(2)” for ‘6421(d)(2)”.
Subsecs. (p), (q). Pub. L. 100–647, § 2004(s)(3), redesignated subsec. (p), relating to gasoline used in noncommercial aviation during period rate reduction in effect, as (q). Former subsec. (q), relating to cross references, redesignated (r).
Subsec. (r). Pub. L. 100–647, § 2004(s)(3), redesignated subsec. (q), relating to cross references, as (r).
1987—Subsec. (b)(1). Pub. L. 100–203, § 10502(c)(2), substituted “section 4041(a) or 4091” for first reference to “subsection (a) of section 4041”, “section 4041(a) or 4091, as the case may be” for second reference to “subsection (a) of section 4041”.
Subsec. (e)(1)(B). Pub. L. 100–203, § 10502(c)(3), inserted “or 4091” after “section 4041”.
Subsec. (f). Pub. L. 100–203, § 10502(c)(4), amended subsec. (f) generally, substituting new heading for “Gasoline used to produce certain alcohol fuels”, and revising and restating as pars. (1) to (3) provisions of former pars. (1) and (2).
Subsec. (g)(5). Pub. L. 100–17, § 502(b)(8), substituted “1993” for “1988”.
Subsec. (i)(1). Pub. L. 100–223, § 405(b)(2)(A), which directed substitution of “(h), or (p)” for “or (h)”, could not be executed because of prior amendment by Pub. L. 100–203. See below.
Pub. L. 100–203, § 10502(c)(5)(A), substituted “(h), or (l)” for “or (h)”.
Subsec. (i)(2)(A)(i). Pub. L. 100–223, § 405(b)(2)(B), which directed substitution of “(h), and (p)” for “and (h)”, could not be executed because of prior amendment by Pub. L. 100–203. See below.
Pub. L. 100–203, § 10502(c)(5)(B), substituted “(h), and (l)” for “and (h)”.
Subsecs. (l) to (n). Pub. L. 100–203, § 10502(c)(1), added subsec. (l) and redesignated former subsecs. (l) to (n) as (m) to (o), respectively.
Subsec. (o). Pub. L. 100–203, § 10502(c)(1), (6), redesignated subsec. (n) as (o) and amended it generally, substituting new heading for “Termination of subsections (a), (b), (c), (d), (g), and (h)” and amending text generally. Prior to amendment, text read as follows: “Except with respect to taxes imposed by section 4041(d) and section 4081 at the Leaking Underground Storage Tank Trust Fund financing rate, subsections (a), (b), (c), (d), (g), and (h) shall only apply with respect to fuels purchased before
Pub. L. 100–17, § 502(b)(9), substituted “1993” for “1988” in subsec. (m), which was successively redesignated to subsec. (o) by Pub. L. 99–514 and Pub. L. 100–203.
Subsec. (p). Pub. L. 100–223, § 405(b)(1), added subsec. (p). Former subsec. (p) redesignated (q).
Pub. L. 100–203, § 10502(c)(1), redesignated subsec. (o) as (p). Former subsec. (p) redesignated (q).
Subsec. (q). Pub. L. 100–223, § 405(b)(1), redesignated subsec. (p), relating to payments for taxes imposed by section 4041(d), as (q).
Pub. L. 100–203, § 10502(c)(1), redesignated subsec. (p), relating to cross references, as (q).
1986—Subsec. (a). Pub. L. 99–514, § 1703(e)(2)(A), substituted “subsection (k)” for “subsection (j)”.
Subsec. (b)(1). Pub. L. 99–514, § 1899A(55), substituted “otherwise provided in this subsection” for “provided in paragraph (2)”.
Pub. L. 99–514, § 1703(e)(2)(A), substituted “subsection (k)” for “subsection (j)”.
Subsec. (b)(2)(A). Pub. L. 99–514, § 1877(b)(2), substituted “subparagraphs (B) and (C)” for “subparagraph (B)”.
Subsec. (b)(2)(B). Pub. L. 99–514, § 1877(b)(1), added subpar. (B). Former subpar. (B) redesignated (C).
Subsec. (b)(2)(C). Pub. L. 99–514, § 1877(b)(1), (3), redesignated subpar. (B) as (C) and substituted “Exception for certain intracity transportation” for “Exception” in heading. Former subpar. (C) redesignated (D).
Subsec. (b)(2)(D). Pub. L. 99–514, § 1877(b)(1), redesignated former subpar. (C) as (D).
Subsecs. (c), (d), (e)(1). Pub. L. 99–514, § 1703(e)(2)(A), substituted “subsection (k)” for “subsection (j)”.
Subsec. (e)(3). Pub. L. 99–514, § 422(b), substituted “
Subsec. (f)(1). Pub. L. 99–514, § 1703(e)(2)(A), substituted “subsection (k)” for “subsection (j)”.
Pub. L. 99–499, § 521(c)(3)(C), which directed the substitution of “at the Highway Trust Fund financing rate” for “at the rate”, was executed by making the substitution for the first such reference as the probable intent of Congress.
Subsec. (g)(1). Pub. L. 99–514, § 1899A(56), substituted “amount” for “anount”.
Pub. L. 99–514, § 1703(e)(2)(A), substituted “subsection (k)” for “subsection (j)”.
Subsec. (h). Pub. L. 99–514, § 1703(e)(1)(B), added subsec. (h). Former subsec. (h) redesignated (i).
Subsec. (i). Pub. L. 99–514, § 1703(e)(1)(A), redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j).
Subsec. (i)(1). Pub. L. 99–514, § 1703(d)(1)(B)(i), (e)(2)(B), struck out “(f)” after “subsection (a), (b), (c), (d), (e),” and substituted “(g), or (h)” for “or (g)”.
Subsec. (i)(2)(A). Pub. L. 99–514, § 1703(d)(1)(B)(ii), inserted “or” at end of cl. (i), struck out “or” at end of cl. (ii), and struck out cl. (iii) which read as follows: “$200 or more is payable under subsection (f),”.
Subsec. (i)(2)(A)(i). Pub. L. 99–514, § 1703(e)(2)(C), substituted “(g), and (h)” for “and (g)”.
Subsec. (i)(2)(B). Pub. L. 99–514, § 1703(d)(1)(B)(ii)(III), struck out “(or clauses)” after “referred to in the clause”. Notwithstanding directory language that the amendment be made to subpar. (A) of this par., the amendment was executed to subpar. (B), the only place in the section where “(or clauses)” appeared, to reflect the probable intent of Congress.
Pub. L. 99–514, § 1703(d)(1)(B)(iii), struck out “or clause (iii)” after “If the requirements of clause (ii)”. Notwithstanding directory language that the amendment be made to subsec. (f)(2)(B) of this section, the amendment was executed to subsec. (i)(2)(B), the only place in the section where “or clause (iii)” appeared, to reflect the probable intent of Congress.
Subsec. (i)(3). Pub. L. 99–514, § 1703(d)(1), added par. (3).
Subsec. (j). Pub. L. 99–514, § 1703(e)(1)(A), redesignated subsec. (i) as (j). Former subsec. (j) redesignated (k).
Subsec. (k). Pub. L. 99–514, § 1703(e)(1)(A), redesignated subsec. (j) as (k). Former subsec. (k) redesignated (l).
Subsec. (k)(2). Pub. L. 99–514, § 1703(e)(2)(E), which directed the substitution of “(i)(2)” for “subsection (h)(2)” in subsec. (i)(2) (as so redesignated), was executed to subsec. (k)(2), the only place in the section where “subsection (h)(2)” appeared, to reflect the probable intent of Congress. See 1988 Amendment note above.
Pub. L. 99–514, § 1703(d)(1)(B)(iv), substituted “subsection (h)(2) or (h)(3)” for “subsection (h)(2)”.
Subsec. (l). Pub. L. 99–514, § 1703(e)(1)(A), redesignated subsec. (k) as (l). Former subsec. (l) redesignated (m).
Subsec. (m). Pub. L. 99–514, § 1703(e)(1)(A), redesignated subsec. (l) as (m). Former subsec. (m) redesignated (n).
Pub. L. 99–499, § 521(c)(3)(A), substituted “Except with respect to taxes imposed by section 4041(d) and section 4081 at the Leaking Underground Storage Tank Trust Fund financing rate, subsections” for “Subsection”.
Subsec. (n). Pub. L. 99–514, § 1703(e)(1)(A), (2)(C), (D), redesignated subsec. (m) as (n) and substituted “(g), and (h)” for “and (g)” in heading and text. Former subsec. (n) redesignated (o).
Pub. L. 99–499, § 521(c)(3)(B)(i), added subsec. (n). Former subsec. (n) redesignated (o).
Subsec. (o). Pub. L. 99–514, § 1703(e)(1)(A), as amended by Pub. L. 99–499, § 521(c)(3)(B)(ii), redesignated subsec. (n), as added by Pub. L. 99–499, § 521(c)(3)(B)(i), as (o). Former subsec. (o) redesignated (p).
Pub. L. 99–499, § 521(c)(3)(B)(i), redesignated subsec. (n) as (o).
Subsec. (p). Pub. L. 99–514, § 1703(e)(1)(A), as amended by Pub. L. 99–499, § 521(c)(3)(B)(ii), redesignated subsec. (o) as (p).
1984—Subsecs. (a), (b)(1). Pub. L. 98–369, § 911(d)(2)(B), substituted “subsection (j)” for “subsection (i)”.
Subsec. (b)(2), (3). Pub. L. 98–369, § 915(a), added par. (2) and redesignated former par. (2) as (3).
Subsecs. (c), (d), (e)(1). Pub. L. 98–369, § 911(d)(2)(B), substituted “subsection (j)” for “subsection (i)”.
Subsec. (e)(3). Pub. L. 98–369, § 914, substituted “
Subsec. (f)(1). Pub. L. 98–369, § 911(d)(2)(B), substituted “subsection (j)” for “subsection (i)”.
Pub. L. 98–369, § 912(d), substituted “5⅔ cents” for “45⁄9 cents”.
Pub. L. 98–369, § 732(a)(3), substituted “45⁄9 cents” for “5 cents”.
Subsec. (g). Pub. L. 98–369, § 911(b), added subsec. (g). Former subsec. (g) redesignated (h).
Subsec. (h). Pub. L. 98–369, § 911(b), redesignated former subsec. (g) as (h). Former subsec. (h) redesignated (i).
Subsec. (h)(1). Pub. L. 98–369, § 911(d)(2)(C), substituted “(f), or (g)” for “or (f)”, and inserted “(or a qualified diesel powered highway vehicle purchased)” after “fuel used” in two places.
Subsec. (h)(2)(A). Pub. L. 98–369, § 911(d)(2)(D), substituted “(e), and (g)” for “and (e)”, and inserted “(or a qualified diesel powered highway vehicle purchased)” after “fuel used” in two places.
Subsec. (i). Pub. L. 98–369, § 911(b), redesignated former subsec. (h) as (i). Former subsec. (i) redesignated (j).
Subsec. (i)(3). Pub. L. 98–369, § 474(r)(38), substituted “section 34” for “section 39”.
Subsec. (j). Pub. L. 98–369, § 911(b), redesignated former subsec. (i), relating to income tax credit in lieu of payment, as (j). Former subsec. (j), relating to special rules with respect to noncommercial aviation, redesignated (k).
Pub. L. 98–369, § 734(c)(2), added subsec. (j) relating to special rules with respect to noncommercial aviation. Former subsec. (j), relating to regulations, redesignated (k).
Subsec. (j)(2). Pub. L. 98–369, § 911(d)(2)(E), which directed the amendment of subsec. (k)(2) by substituting “(h)(2)” for ‘(g)(2)” was executed to subsec. (j)(2) to reflect the probable intent of Congress.
Subsec. (k). Pub. L. 98–369, § 911(b), redesignated former subsec. (j), relating to special rules with respect to noncommercial aviation, as (k). Former subsec. (k), relating to regulations, redesignated (l).
Pub. L. 98–369, § 734(c)(2), redesignated former subsec. (j), relating to regulations, as (k). Former subsec. (k), relating to termination of subsections, redesignated (l).
Subsec. (l). Pub. L. 98–369, § 911(b), redesignated former subsec. (k), relating to regulations, as (l). Former subsec. (l), relating to termination of subsections, redesignated (m).
Pub. L. 98–369, § 734(c)(2), redesignated former subsec. (k), relating to termination of subsections, as (l). Former subsec. (l), relating to cross references, redesignated (m).
Subsec. (m). Pub. L. 98–369, § 911(b), (d)(2)(F), redesignated former subsec. (l), relating to termination of subsections, as (m) and substituted “(d), and (g)” for “and (d)” in heading and text. Former subsec. (m), relating to cross references, redesignated (n).
Pub. L. 98–369, § 734(c)(2), redesignated former subsec. (l), relating to cross references, as (m).
Subsec. (n). Pub. L. 98–369, § 911(b), redesignated former subsec. (m), relating to cross references, as (n).
1983—Subsec. (a). Pub. L. 97–424, § 511(g)(2)(B), substituted “section 4041(a) or (c)” for “section 4041(a), (b), or (c)”.
Subsec. (b)(1). Pub. L. 97–424, § 511(g)(2)(C), substituted “subsection (a) of section 4041” for “subsection (a) or (b) of section 4041” wherever appearing.
Subsec. (c). Pub. L. 97–424, § 511(g)(2)(D), substituted “section 4041(a) or (c)” for “section 4041(a), (b), or (c)”.
Subsec. (e)(1). Pub. L. 97–424, § 511(e)(1), substituted “an amount determined at the rate of 4 cents a gallon” for “an amount equal to the aggregate amount of the tax imposed on such gasoline or fuel”.
Subsec. (e)(2)(A)(ii). Pub. L. 97–424, § 511(e)(3), struck out “is not prohibited under the laws, regulations, or procedures of such Federal, State, or local authority, and” after “(ii)”.
Subsec. (e)(3). Pub. L. 97–424, § 511(e)(2), substituted “
Subsec. (f)(1). Pub. L. 97–424, § 511(d)(4), substituted “on which a tax” for “on which tax”, inserted “at the rate of 9 cents a gallon” after “is imposed by section 4081”, and substituted “the amount determined at the rate of 5 cents a gallon” for “the aggregate amount of the tax imposed on such gasoline”.
Subsec. (f)(2). Pub. L. 97–424, § 511(d)(4), substituted provision that no amount shall be payable under paragraph (1) with respect to any gasoline with respect to which an amount is payable under subsection (d) or (e) of this section or under section 6420 or 6421, for provision that no amount would be payable under subsection (d) or (e) of this section or under section 6420 or 6421 with respect to any gasoline with respect to which an amount was payable under paragraph (1).
Subsec. (k). Pub. L. 97–424, § 516(b)(5), added subsec. (k). Former subsec. (k) redesignated (l).
Subsec. (k)(3). Pub. L. 97–473 purported to add par. (3). See par. below for subsec. (l)(3).
Subsec. (l). Pub. L. 97–424, § 516(b)(5), redesignated former subsec. (k) as (l).
Subsec. (l)(3). Pub. L. 97–473 added par. (3). Notwithstanding the directory language that par. (3) be added to subsec. (k), it was added to subsec. (l) to reflect the probable intent of Congress and the intervening redesignation of subsec. (k) as (l) by Pub. L. 97–424.
1982—Subsec. (d). Pub. L. 97–248 inserted “or in certain helicopters” after “museums” in heading and “or is used in a helicopter for a purpose described in section 4041(l),” after “section 4041(h)(2)(C),” in text.
1980—Subsecs. (a), (b)(1), (c), (d), (e)(1). Pub. L. 96–223, § 232(d)(4)(B), substituted “subsection (i)” for “subsection (h)”.
Subsec. (e)(3). Pub. L. 96–541 extended subsec. (e) termination date to
Subsecs. (f), (g). Pub. L. 96–223, § 232(d)(1)(A), (2), (4)(C), added subsec. (f), redesignated former subsec. (f) as (g), and in subsec. (g) as so redesignated, inserted reference to subsec. (f) in par. (1), added par. (2)(A)(iii), and, in par. (2)(B), substituted “If the requirements of clause (ii) or clause (iii) of subparagraph (A) are met by any person for any quarter but the requirements of subparagraph (A)(i) are not met by such person for such quarter, such person may file a claim under subparagraph (A) for such quarter only with respect to amounts referred to in the clause (or clauses) of subparagraph (A) the requirements of which are met by such person for such quarter” for “If a claim may be filed by any person under subparagraph (A)(ii) but not under subparagraph (A)(i) for any quarter, such person may file a claim under subparagraph (A) for such quarter only with respect to amounts payable under subsection (e)”. Former subsec. (g) redesignated (h).
Subsec. (h). Pub. L. 96–223, § 232(d)(1)(A), redesignated former subsec. (g) as (h). Former subsec. (h) redesignated (i).
Subsec. (i). Pub. L. 96–223, § 232(d)(1)(A), (4)(D), redesignated former subsec. (h) as (i), and in par. (2) of subsec. (i) as so redesignated, substituted “subsection (g)(2)” for “subsection (f)(2)”. Former subsec. (i) redesignated (j).
Subsecs. (j), (k). Pub. L. 96–223, § 232(d)(1)(A), redesignated former subsecs. (i) and (j) as (j) and (k), respectively.
1978—Subsec. (a). Pub. L. 95–599, § 505(c)(2), substituted “subsection (h)” for “subsection (g)”.
Subsec. (b). Pub. L. 95–618, among other changes, provided for the refund or credit of the taxes paid on fuel pursuant to section 4041(a) or (b) but only to the extent such fuel is used in a bus engaged in furnishing (for compensation) passenger land transportation available to the general public or in school bus transportation operations.
Pub. L. 95–599, § 505(c)(2), substituted “subsection (h)” for “subsection (g)”. See Effective Date of 1978 Amendment note below.
Subsec. (c). Pub. L. 95–599, § 505(c)(2), substituted “subsection (h)” for “subsection (g)”.
Pub. L. 95–458 substituted provision requiring that the rules of section 6420(c)(4) be applied in determining the user and purchaser of fuel if the fuel was used on a farm by any person other than the owner, tenant, or operator for provision which deemed the owner, tenant, or operator of the farm as the user and purchaser if fuel was used on the farm by any other person.
Subsec. (d). Pub. L. 95–600 struck out “or his delegate” after “Secretary”.
Pub. L. 95–599, § 505(c)(2), substituted “subsection (h)” for “subsection (g)”.
Subsec. (e). Pub. L. 95–599, § 505(a)(2), added subsec. (e) and redesignated former subsec. (e) as (f).
Subsec. (f). Pub. L. 95–599, § 505(a)(1), (b), (c)(3), redesignated former subsec. (e) as (f) and, in par. (1), substituted “(d), or (e)” for “or (d)” and amended par. (2) generally, designating existing provisions as subpars. (A)(i) and (c) and adding subpars. (A)(ii) and (B). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 95–599, § 505(a)(1), redesignated former subsec. (f) as (g). Former subsec. (g) redesignated (h).
Subsec. (h). Pub. L. 95–599, § 505(a)(1), (c)(4), redesignated former subsec. (g) as (h) and substituted “(f)(2)” for “(e)(2)”. Former subsec. (h) redesignated (i).
Subsecs. (i), (j). Pub. L. 95–599, § 505(a)(1), redesignated former subsecs. (h) and (i) as (i) and (j), respectively.
1976—Subsec. (a). Pub. L. 94–530, § 1(c)(2), substituted “subsection (g)” for “subsection (f)”.
Pub. L. 94–455, § 1906(a)(31)(A), (b)(13)(A), struck out “, after
Subsec. (b)(1). Pub. L. 94–530, § 1(c)(2), substituted “subsection (g)” for “subsection (f)”.
Pub. L. 94–455, § 1906(a)(31)(A), (b)(13)(A), struck out “, after
Subsec. (c). Pub. L. 94–530, § 1(c)(2), substituted “subsection (g)” for “subsection (f)”.
Pub. L. 94–455, § 1906(a)(31)(A), (b)(13)(A), struck out “, after
Subsec. (d). Pub. L. 94–530, § 1(b), added subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (e)(1). Pub. L. 94–530, § 1(b), (c)(3), redesignated former subsec. (d)(1) as (e)(1) and substituted “(a), (b), (c), or (d)” for “(a), (b), or (c)”. Former subsec. (e) redesignated (f).
Subsec. (e)(2). Pub. L. 94–530, § 1(b), (c)(4), redesignated former subsec. (d)(2) as (e)(2) and substituted “(a), (b), and (d)” for “(a) and (b)”.
Subsec. (f). Pub. L. 94–530, § 1(b), redesignated former subsec. (e) as (f). Former subsec. (f) redesignated (g) and amended.
Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
Subsec. (g). Pub. L. 94–530, § 1(b), (c)(5), redesignated former subsec. (f) as (g) and substituted “subsection (e)(2)” for “subsection (d)(2)” in par. (2).
Subsecs. (h), (i). Pub. L. 94–530, § 1(b), redesignated former subsecs. (g) and (h) as (h) and (i), respectively.
Subsec. (h). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
Amendment by section 13201(b)(2), (e) of Pub. L. 117–169 applicable to fuel sold or used after
Amendment by section 13203(d)(2)(B) of Pub. L. 117–169 applicable to fuel sold or used after
Amendment by Pub. L. 116–260 applicable to fuel sold or used after
Amendment by section 121(b)(1)(B) of Pub. L. 116–94 applicable to fuel sold or used after
Amendment by section 133(a)(2) of Pub. L. 116–94 applicable to fuel sold or used after
Amendment by section 40407(b)(2) of Pub. L. 115–123 applicable to fuel sold or used after
Amendment by section 40415(a)(2) of Pub. L. 115–123 applicable to fuel sold or used after
Amendment by section 185(b)(2) of Pub. L. 114–113 applicable to fuel sold or used after
Amendment by section 192(a)(2) of Pub. L. 114–113 applicable to fuel sold or used after
Amendment by section 160(a)(2), (b)(2) of Pub. L. 113–295 applicable to fuel sold or used after
Amendment by section 160(c)(2) of Pub. L. 113–295 applicable to fuel sold or used after
Amendment by section 405(b)(2) of Pub. L. 112–240 applicable to fuel sold or used after
Amendment by section 412(b) of Pub. L. 112–240 applicable to fuel sold or used after
Amendment by section 701(b)(2) of Pub. L. 111–312 applicable to fuel sold or used after
Amendment by section 704(a) of Pub. L. 111–312 applicable to fuel sold or used after
Pub. L. 111–312, title VII, § 708(c)(2),
Amendment by section 202(a) of Pub. L. 110–343 applicable to fuel produced, and sold or used, after
Amendment by section 203(c)(2) of Pub. L. 110–343 applicable to claims for credit or payment made on or after
Amendment by section 204(a)(3) of Pub. L. 110–343 applicable to fuel sold or used after
Amendment by section 5(a)(1) of Pub. L. 110–172 effective as if included in the provisions of the SAFETEA–LU, Pub. L. 109–59, to which such amendment relates, see section 5(b) of Pub. L. 110–172, set out as a note under section 6426 of this title.
Amendment by section 11(e)(1) of Pub. L. 110–172 effective as if included in the provisions of the Energy Policy Act of 2005, Pub. L. 109–58, to which such amendment relates, see section 11(e)(3) of Pub. L. 110–172, set out as a note under section 41 of this title.
Pub. L. 109–432, div. A, title IV, § 420(c),
Amendment by section 11113(b)(3)(C) of Pub. L. 109–59 applicable to any sale or use for any period after
Amendment by section 11151(a) of Pub. L. 109–59 effective as if included in the provisions of the American Jobs Creation Act of 2004, Pub. L. 108–357, to which such amendment relates, see section 11151(f)(1) of Pub. L. 109–59, set out as a note under section 4081 of this title.
Amendment by section 11161(b)(2), (3)(B), (D)–(F) of Pub. L. 109–59 applicable to fuels or liquids removed, entered, or sold after
Pub. L. 109–59, title XI, § 11162(c),
Amendment by section 11163(c) of Pub. L. 109–59 applicable to sales after
Amendment by section 1343(b)(1), (3) of Pub. L. 109–58 effective
Amendment by section 241(a)(2)(D) of Pub. L. 108–357 effective
Amendment by section 301(c)(9), (10) of Pub. L. 108–357 applicable to fuel sold or used after
Amendment by section 851(d)(3) of Pub. L. 108–357 applicable to taxable years beginning after
Amendment by section 853(c), (d)(2)(J), (K) of Pub. L. 108–357 applicable to aviation-grade kerosene removed, entered, or sold after
Amendment by section 857(b), (c) of Pub. L. 108–357 applicable to fuel sold after
Amendment by section 870(b) of Pub. L. 108–357 applicable to fuel removed, sold, or used after
Pub. L. 105–206, title VI, § 6017(b),
Amendment by section 6023(16), (25), and (26) of Pub. L. 105–206 effective
Amendment by section 6016(b) of Pub. L. 105–206 effective, except as otherwise provided, as if included in the provisions of the Taxpayer Relief Act of 1997, Pub. L. 105–34, to which such amendment relates, see section 6024 of Pub. L. 105–206, set out as a note under section 1 of this title.
Amendment by section 9009(a)–(b)(2) of Pub. L. 105–178 effective
Amendment by Pub. L. 105–34 effective
Amendment by section 1606(a), (b)(2) of Pub. L. 104–188 applicable to vehicles purchased after
Amendment by section 1702(b)(2)(B) of Pub. L. 104–188 effective, except as otherwise expressly provided, as if included in the provision of the Revenue Reconciliation Act of 1990, Pub. L. 101–508, title XI, to which such amendment relates, see section 1702(i) of Pub. L. 104–188, set out as a note under section 38 of this title.
Amendment by section 1703(k) of Pub. L. 104–188 effective as if included in the provision of the Revenue Reconciliation Act of 1993, Pub. L. 103–66, §§ 13001–13444, to which such amendment relates, see section 1703(o) of Pub. L. 104–188, set out as a note under section 39 of this title.
Amendment by section 13241(f)(8)–(10) of Pub. L. 103–66 effective
Amendment by section 13242(c), (d)(21), (25)–(31) of Pub. L. 103–66 effective
Amendment by section 11211(b)(4)(B), (5), (6)(E)(ii) of Pub. L. 101–508 effective
Amendment by section 11213(b)(3) of Pub. L. 101–508 effective
Amendment by section 7812(a) of Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100–647, to which such amendment relates, see section 7817 of Pub. L. 101–239, set out as a note under section 1 of this title.
Amendment by section 7822(b)(1)–(4) of Pub. L. 101–239 effective as if included in the provision of the Revenue Act of 1987, Pub. L. 100–203, title X, to which such amendment relates, see section 7823 of Pub. L. 101–239, set out as a note under section 26 of this title.
Amendment by section 1017(c)(3), (10) 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.
Pub. L. 100–647, title II, § 2001(d)(7)(E),
Amendment by section 2004(s)(2), (3) of Pub. L. 100–647 effective, except as otherwise provided, as if included in the provisions of the Revenue Act of 1987, Pub. L. 100–203, title X, to which such amendment relates, see section 2004(u) of Pub. L. 100–647, set out as a note under section 56 of this title.
Pub. L. 100–647, title III, § 3002(d),
Amendment by Pub. L. 100–203 applicable to sales after
Amendment by section 1703(d), (e)(1), (2)(A)–(E) of Pub. L. 99–514 applicable to gasoline removed (as defined in section 4082 of this title as amended by section 1703 of Pub. L. 99–514) after
Amendment by section 1877(b) of Pub. L. 99–514 effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, Pub. L. 98–369, div. A, to which such amendment relates, see section 1881 of Pub. L. 99–514, set out as a note under section 48 of this title.
Amendment by Pub. L. 99–499 effective
Amendment by section 474(r)(38) of Pub. L. 98–369 applicable to taxable years beginning after
Amendment by section 732(a)(3) 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 734(c)(2) of Pub. L. 98–369 effective on first day of first calendar quarter beginning after
Pub. L. 98–369, div. A, title IX, § 911(e),
Amendment by section 912(d) of Pub. L. 98–369 effective
Pub. L. 98–369, div. A, title IX, § 915(b),
For effective date of amendment by Pub. L. 97–473, see section 204 of Pub. L. 97–473, set out as an Effective Date note under section 7871 of this title.
Amendment by section 511 of Pub. L. 97–424 effective
Amendment by Pub. L. 97–248 effective
Pub. L. 96–223, title II, § 232(h)(2),
Amendment by Pub. L. 95–618 effective on first day of first calendar month which begins more than 10 days after
Amendment by Pub. L. 95–600 effective
Pub. L. 95–599, title V, § 505(d),
Amendment by Pub. L. 95–458 effective on first day of first calendar quarter beginning more than 90 days after
Amendment by Pub. L. 94–530 effective
Pub. L. 94–455, title XIX, § 1906(a)(31)(B),
Section applicable with respect to taxable years ending after
For provisions that nothing in amendment by section 11801(a)(46), (c)(23) of Pub. L. 101–508 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to
Pub. L. 110–172, § 11(a)(39)(B),
Pub. L. 109–432, div. A, title IV, § 420(d),
Pub. L. 108–357, title III, § 301(e),
Pub. L. 105–34, title XVI, § 1601(g)(1),
Pub. L. 100–647, title II, § 2001(d)(7)(A),
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after
Pub. L. 97–424, title V, § 511(e)(4),