United States Code (Last Updated: May 24, 2014) |
Title 26. INTERNAL REVENUE CODE |
SubTitle D. Miscellaneous Excise Taxes |
Chapter 32. MANUFACTURERS EXCISE TAXES |
SubChapter A. Automotive and Related Items |
Part III. PETROLEUM PRODUCTS |
SubPart A. Motor and Aviation Fuels |
§ 4082. Exemptions for diesel fuel and kerosene
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(a) In general The tax imposed by section 4081 shall not apply to diesel fuel and kerosene— (1) which the Secretary determines is destined for a nontaxable use, (2) which is indelibly dyed by mechanical injection in accordance with regulations which the Secretary shall prescribe, and (3) which meets such marking requirements (if any) as may be prescribed by the Secretary in regulations. Such regulations shall allow an individual choice of dye color approved by the Secretary or chosen from any list of approved dye colors that the Secretary may publish. (b) Nontaxable use For purposes of this section, the term “nontaxable use” means— (1) any use which is exempt from the tax imposed by section 4041(a)(1) other than by reason of a prior imposition of tax, (2) any use in a train, and (3) any use described in section 4041(a)(1)(C)(iii)(II). The term “nontaxable use” does not include the use of kerosene in an aircraft and such term shall not include any use described in section 6421(e)(2)(C). (c) Exception to dyeing requirements Paragraph (2) of subsection (a) shall not apply with respect to any diesel fuel and kerosene— (1) removed, entered, or sold in a State for ultimate sale or use in an area of such State during the period such area is exempted from the fuel dyeing requirements under subsection (i) of section 211 of the Clean Air Act (as in effect on the date of the enactment of this subsection) by the Administrator of the Environmental Protection Agency under paragraph (4) of such subsection (i) (as so in effect), and (2) the use of which is certified pursuant to regulations issued by the Secretary. (d) Additional exceptions to dyeing requirements for kerosene (1) Use for non-fuel feedstock purposes Subsection (a)(2) shall not apply to kerosene— (A) received by pipeline or vessel for use by the person receiving the kerosene in the manufacture or production of any substance (other than gasoline, diesel fuel, or special fuels referred to in section 4041), or (B) to the extent provided in regulations, removed or entered— (i) for such a use by the person removing or entering the kerosene, or (ii) for resale by such person for such a use by the purchaser, but only if the person receiving, removing, or entering the kerosene and such purchaser (if any) are registered under section 4101 with respect to the tax imposed by section 4081. (2) Wholesale distributors To the extent provided in regulations, subsection (a)(2) shall not apply to kerosene received by a wholesale distributor of kerosene if such distributor— (A) is registered under section 4101 with respect to the tax imposed by section 4081 on kerosene, and (B) sells kerosene exclusively to ultimate vendors described in section 6427(l)(5)(B) with respect to kerosene. (e) Kerosene removed into an aircraft In the case of kerosene (other than kerosene with respect to which tax is imposed under section 4043) which is exempt from the tax imposed by section 4041(c) (other than by reason of a prior imposition of tax) and which is removed from any refinery or terminal directly into the fuel tank of an aircraft— (1) the rate of tax under section 4081(a)(2)(A)(iii) shall be zero, and (2) if such aircraft is employed in foreign trade or trade between the United States and any of its possessions, the increase in such rate under section 4081(a)(2)(B) shall be zero. For purposes of this subsection, any removal described in section 4081(a)(3)(A) shall be treated as a removal from a terminal but only if such terminal is located within a secure area of an airport. (f) Exception for Leaking Underground Storage Tank Trust Fund financing rate (1) In general Subsection (a) shall not apply to the tax imposed under section 4081 at the Leaking Underground Storage Tank Trust Fund financing rate.
(2) Exception for export, etc. Paragraph (1) shall not apply with respect to any fuel if the Secretary determines that such fuel is destined for export or for use by the purchaser as supplies for vessels (within the meaning of section 4221(d)(3)) employed in foreign trade or trade between the United States and any of its possessions.
(g) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out this section, including regulations requiring the conspicuous labeling of retail diesel fuel and kerosene pumps and other delivery facilities to assure that persons are aware of which fuel is available only for nontaxable uses.
(h) Cross reference For tax on train and certain bus uses of fuel purchased tax-free, see subsections (a)(1) and (d)(3) of section 4041.
References In Text
Subsection (i) of section 211 of the Clean Air Act, referred to in subsec. (c)(1), is classified to section 7545(i) of Title 42, The Public Health and Welfare.
The date of the enactment of this subsection, referred to in subsec. (c)(1), is the date of enactment of Pub. L. 104–188, which was approved
Amendments
2012—Subsec. (e). Pub. L. 112–95 inserted “(other than kerosene with respect to which tax is imposed under section 4043)” after “In the case of kerosene” in introductory provisions.
2007—Subsec. (a). Pub. L. 110–172, § 6(d)(2)(B)(i), struck out “(other than such tax at the Leaking Underground Storage Tank Trust Fund financing rate imposed in all cases other than for export)” after “section 4081” in introductory provisions.
Subsec. (b). Pub. L. 110–172, § 11(a)(28), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “For purposes of this section, the term ‘nontaxable use’ means—
“(1) any use which is exempt from the tax imposed by section 4041(a)(1) other than by reason of a prior imposition of tax,
“(2) any use in a train, and
“(3) any use described in section 4041(a)(1)(C)(iii)(II).
The term ‘nontaxable use’ does not include the use of kerosene in an aircraft and such term shall not include any use described in section 6421(e)(2)(C).” See 2004 Amendment notes below.
Subsec. (e). Pub. L. 110–172, § 6(d)(2)(C)(ii), designated last sentence as concluding provisions.
Pub. L. 110–172, § 6(d)(2)(C)(i), substituted “an aircraft—” and pars. (1) and (2) for “an aircraft, the rate of tax under section 4081(a)(2)(A)(iii) shall be zero.”
Subsecs. (f) to (h). Pub. L. 110–172, § 6(d)(2)(B)(ii), added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.
2006—Subsec. (d)(2)(B). Pub. L. 109–432 substituted “6427(l)(5)(B)” for “6427(l)(6)(B)”.
2005—Subsec. (a). Pub. L. 109–58 inserted “(other than such tax at the Leaking Underground Storage Tank Trust Fund financing rate imposed in all cases other than for export)” after “section 4081” in introductory provisions.
Subsec. (b). Pub. L. 109–59, § 11161(a)(4)(A), struck out “aviation-grade” before “kerosene” in concluding provisions.
Subsec. (d)(2)(B). Pub. L. 109–59, § 11161(b)(3)(C), substituted “section 6427(l)(6)(B)” for “section 6427(l)(5)(B)”.
Subsec. (e). Pub. L. 109–59, § 11161(a)(4)(E), in heading substituted “Kerosene removed into an aircraft” for “Aviation-grade kerosene” and in text struck out “aviation-grade” before “kerosene”, substituted “section 4081(a)(2)(A)(iii)” for “section 4081(a)(2)(A)(iv)”, and inserted at end “For purposes of this subsection, any removal described in section 4081(a)(3)(A) shall be treated as a removal from a terminal but only if such terminal is located within a secure area of an airport.”
2004—Subsec. (a)(2). Pub. L. 108–357, § 854(a), inserted “by mechanical injection” after “indelibly dyed”.
Subsec. (b). Pub. L. 108–357, § 853(a)(5)(B)(i), inserted at end “The term ‘nontaxable use’ does not include the use of aviation-grade kerosene in an aircraft.”
Pub. L. 108–357, § 851(d)(2), which directed amendment of subsec. (b) by inserting “and such term shall not include any use described in section 6421(e)(2)(C)” before period at end, was executed by making the insertion after amendment by Pub. L. 108–357, § 853(a)(5)(B)(i), to reflect the probable intent of Congress. See above.
Subsec. (b)(3). Pub. L. 108–357, § 857(a), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “any use described in section 6427(b)(1) (after the application of section 6427(b)(3)).”
Subsec. (d). Pub. L. 108–357, § 853(a)(5)(B)(ii), redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out heading and text of former par. (1). Text read as follows: “Subsection (a)(2) shall not apply to aviation-grade kerosene (as determined under regulations prescribed by the Secretary) which the Secretary determines is destined for use as a fuel in an aircraft.”
Subsec. (e). Pub. L. 108–357, § 853(a)(5)(A), added subsec. (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 108–357, § 853(a)(5)(A), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 108–357, § 853(a)(5)(A), redesignated subsec. (f) as (g).
Pub. L. 108–357, § 241(a)(2)(B), which directed substitution of “subsections (a)(1) and (d)(3) of section 4041” for “section 4041(a)(1)” in subsec. (f), was executed by making the substitution in subsec. (g) to reflect the probable intent of Congress and the amendment by Pub. L. 108–357, § 853(a)(5)(A). See Amendment note above and Effective Date of 2004 Amendment notes below.
1998—Subsec. (d)(1). Pub. L. 105–206, § 6010(h)(3), reenacted heading without change and amended text of par. (1) generally. Prior to amendment, text read as follows: “Subsection (a)(2) shall not apply to a removal, entry, or sale of aviation-grade kerosene (as determined under regulations prescribed by the Secretary) if the person receiving the kerosene is registered under section 4101 with respect to the tax imposed by section 4091.”
Subsec. (d)(3). Pub. L. 105–206, § 6010(h)(4), substituted “kerosene received by” for “a removal, entry, or sale of kerosene to” in introductory provisions.
1997—Pub. L. 105–34, § 1032(e)(3)(A), inserted “and kerosene” after “diesel fuel” in section catchline.
Subsecs. (a), (c). Pub. L. 105–34, § 1032(c)(1), substituted “diesel fuel and kerosene” for “diesel fuel” in introductory provisions.
Subsec. (d). Pub. L. 105–34, § 1032(c)(2), added subsec. (d). Former subsec. (d) redesignated (e).
Pub. L. 105–34, § 1032(c)(1), substituted “diesel fuel and kerosene” for “diesel fuel”.
Subsecs. (e), (f). Pub. L. 105–34, § 1032(c)(2), redesignated subsecs. (d) and (e) as (e) and (f), respectively.
1996—Subsecs. (c) to (e). Pub. L. 104–188 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
1993—Pub. L. 103–66 amended heading and text generally. Prior to amendment, text read as follows:
“(a) Gasoline.—For purposes of this subpart, the term ‘gasoline’ includes, to the extent prescribed in regulations—
“(1) gasoline blend stocks, and
“(2) products commonly used as additives in gasoline.
For purposes of paragraph (1), the term ‘gasoline blend stocks’ means any petroleum product component of gasoline.
“(b) Certain Uses Defined as Removal.—If a refiner, importer, terminal operator, blender, or compounder uses (other than in the production of gasoline or special fuels referred to in section 4041) gasoline refined, imported, blended, or compounded by him, such use shall for the purposes of this chapter be considered a removal.”
1986—Subsec. (a). Pub. L. 99–514 amended subsec. (a) generally, substituting definitions of “gasoline” and “gasoline blended stocks” for definition of “producer”.
Subsec. (b). Pub. L. 99–514 amended subsec. (b) generally, substituting provisions that certain use of gasoline be considered removal for provisions defining “gasoline”.
Subsecs. (c) to (e). Pub. L. 99–514, in amending section generally, struck out subsecs. (c) to (e) which defined “sales”, “wholesale distributor”, and “producer”, respectively.
1984—Subsec. (d). Pub. L. 98–369, § 733(a), in amending subsec. (d) generally, redesignated existing provisions of par. (1) as subpar. (A) and added subpar. (B), and in par. (2) inserted “but only if such person” before “elects”.
Subsec. (e). Pub. L. 98–369, § 734(c)(1), added subpar. (e).
1970—Subsec. (c). Pub. L. 91–258 substituted “special fuels referred to in section 4041” for “special motor fuels referred to in section 4041(b)”.
1965—Subsec. (b). Pub. L. 89–44, § 802(a)(1), substituted “gasoline which are suitable for use as a motor fuel” for “gasoline (including casinghead and natural gasoline”.
Subsec. (d)(2). Pub. L. 89–44, § 802(b)(1), struck out “and give a bond” after “elects to register”.
1959—Subsec. (a). Pub. L. 86–342, § 201(e)(1), inserted reference to wholesale distributor.
Subsec. (d). Pub. L. 86–342, § 201(e)(2), added subsec. (d).
Effective Date Of Amendment
Amendment by Pub. L. 112–95 applicable to fuel used after
Amendments by section 6(d)(2)(B), (C)(i) 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 amendments relate, and amendment by section 6(d)(2)(C)(ii) of Pub. L. 110–172 effective as if included in section 11161 of the SAFETEA–LU, Pub. L. 109–59, see section 6(e) of Pub. L. 110–172, set out as a note under section 30C of this title.
Amendment by Pub. L. 109–432 applicable to kerosene sold after
Amendment by Pub. L. 109–59 applicable to fuels or liquids removed, entered, or sold after
Amendment by Pub. L. 109–58 effective
Amendment by section 241(a)(2)(B) of Pub. L. 108–357 effective
Pub. L. 108–357, title VIII, § 851(d)(4),
Amendment by section 853(a)(5) of Pub. L. 108–357 applicable to aviation-grade kerosene removed, entered, or sold after
Pub. L. 108–357, title VIII, § 854(d),
Pub. L. 108–357, title VIII, § 857(d),
Amendment by 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 Pub. L. 105–34 effective
Pub. L. 104–188, title I, § 1801(b),
Amendment by Pub. L. 103–66 effective
Amendment by 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
Pub. L. 98–369, div. A, title VII, § 733(b),
Pub. L. 98–369, div. A, title VII, § 734(c)(3),
Amendment by Pub. L. 91–258 effective
Pub. L. 89–44, title VIII, § 802(d)(1),
Pub. L. 86–342, title II, § 201(e)(3),
Miscellaneous
Pub. L. 108–357, title VIII, § 854(b),