26 USC 4611 - Imposition of tax

U.S Code last checked for updates: Nov 26, 2024

§ 4611.

Imposition of tax

(a)

General Rule

There is hereby imposed a tax at the rate specified in subsection (c) on—

(1)

crude oil received at a United States refinery, and

(2)

petroleum products entered into the United States for consumption, use, or warehousing.

(b)

Tax on certain uses and exportation

(1)

In general

If—

(A)

any domestic crude oil is used in or exported from the United States, and

(B)

before such use or exportation, no tax was imposed on such crude oil under subsection (a),

then a tax at the rate specified in subsection (c) is hereby imposed on such crude oil.

(2)

Exception for use on premises where produced

(c)

Rate of tax

(1)

In general

The rate of the taxes imposed by this section is the sum of—

(A)

the Hazardous Substance Superfund financing rate, and

(B)

the Oil Spill Liability Trust Fund financing rate.

(2)

Rates

For purposes of paragraph (1)—

(A)

the Hazardous Substance Superfund financing rate is 16.4 cents a barrel, and

(B)

the Oil Spill Liability Trust Fund financing rate is—

(i)

in the case of crude oil received or petroleum products entered before January 1, 2017, 8 cents a barrel, and

(ii)

in the case of crude oil received or petroleum products entered after December 31, 2016, 9 cents a barrel.

(3)

Adjustment for inflation

(A)

In general

In the case of a year beginning after 2023, the amount in paragraph (2)(A) shall be increased by an amount equal to—

(i)

such amount, multiplied by

(ii)

the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting “calendar year 2022” for “calendar year 2016” in subparagraph (A)(ii) thereof.

(B)

Rounding

(d)

Persons liable for tax

(1)

Crude oil received at refinery

(2)

Imported petroleum product

(3)

Tax on certain uses or exports

[(e)

Repealed. Pub. L. 117–169, title I, § 13601(a)(1), Aug. 16, 2022, 136 Stat. 1981]

(f)

Application of Oil Spill Liability Trust Fund financing rate

(1)

In general

(2)

Termination

(Added Pub. L. 96–510, title II, § 211(a), Dec. 11, 1980, 94 Stat. 2797; amended Pub. L. 99–499, title V, §§ 511(a), 512(a), (b), Oct. 17, 1986, 100 Stat. 1760, 1761; Pub. L. 99–509, title VIII, § 8032(a), (c)(1), (2), Oct. 21, 1986, 100 Stat. 1957, 1958; Pub. L. 100–647, title VI, § 6108, Nov. 10, 1988, 102 Stat. 3712; Pub. L. 101–221, § 8(a), Dec. 12, 1989, 103 Stat. 1891; Pub. L. 101–239, title VII, § 7505(a), (b), Dec. 19, 1989, 103 Stat. 2363; Pub. L. 101–508, title XI, § 11231(a)(1)(B), (2), (b), Nov. 5, 1990, 104 Stat. 1388–445; Pub. L. 109–58, title XIII, § 1361, Aug. 8, 2005, 119 Stat. 1058; Pub. L. 110–343, div. B, title IV, § 405(a)(1), (b)(1), (2), Oct. 3, 2008, 122 Stat. 3860, 3861; Pub. L. 113–295, div. A, title II, § 221(a)(12)(I), Dec. 19, 2014, 128 Stat. 4039; Pub. L. 115–123, div. D, title I, § 40416(a), Feb. 9, 2018, 132 Stat. 152; Pub. L. 116–94, div. Q, title I, § 134(a), Dec. 20, 2019, 133 Stat. 3234; Pub. L. 116–260, div. EE, title I, § 117(a), Dec. 27, 2020, 134 Stat. 3051; Pub. L. 117–169, title I, § 13601(a), Aug. 16, 2022, 136 Stat. 1981.)

cite as: 26 USC 4611