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United States Code (Last Updated: May 24, 2014) |
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Title 26. INTERNAL REVENUE CODE |
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SubTitle D. Miscellaneous Excise Taxes |
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Chapter 38. ENVIRONMENTAL TAXES |
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SubChapter D. Ozone-Depleting Chemicals, Etc. |
§ 4681. Imposition of tax
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(a) General rule There is hereby imposed a tax on— (1) any ozone-depleting chemical sold or used by the manufacturer, producer, or importer thereof, and (2) any imported taxable product sold or used by the importer thereof. (b) Amount of tax (1) Ozone-depleting chemicals (A) In general The amount of the tax imposed by subsection (a) on each pound of ozone-depleting chemical shall be an amount equal to— (i) the base tax amount, multiplied by (ii) the ozone-depletion factor for such chemical. (B) Base tax amount The base tax amount for purposes of subparagraph (A) with respect to any sale or use during any calendar year after 1995 shall be $5.35 increased by 45 cents for each year after 1995.
(2) Imported taxable product (A) In general The amount of the tax imposed by subsection (a) on any imported taxable product shall be the amount of tax which would have been imposed by subsection (a) on the ozone-depleting chemicals used as materials in the manufacture or production of such product if such ozone-depleting chemicals had been sold in the United States on the date of the sale of such imported taxable product.
(B) Certain rules to apply Rules similar to the rules of paragraphs (2) and (3) of section 4671(b) shall apply.
Prior Provisions
A prior section 4681, added Pub. L. 96–510, title II, § 231(a),
Amendments
1997—Subsec. (b)(1)(B). Pub. L. 105–34 added subpar. (B) and struck out heading and text of former subpar. (B). Text read as follows: “The base tax amount for purposes of subparagraph (A) with respect to any sale or use during a calendar year before 1996 with respect to any ozone-depleting chemical is the amount determined under the following table for such calendar year:
| Base tax | |
| “Calendar year: | amount: |
| 1993 | 3.35 |
| 1994 | 4.35 |
| 1995 | 5.35.” |
Subsec. (b)(1)(C). Pub. L. 105–34 struck out heading and text of subpar. (C). Text read as follows: “The base tax amount for purposes of subparagraph (A) with respect to any sale or use of an ozone-depleting chemical during a calendar year after the last year specified in the table under subparagraph (B) applicable to such chemical shall be the base tax amount for such last year increased by 45 cents for each year after such last year.”
1992—Subsec. (b)(1)(B). Pub. L. 102–486 amended subpar. (B) generally, substituting present provisions for former provisions which provided for base tax amounts in cl. (i) of initially listed chemicals for 1990 to 1994 and in cl. (ii) of newly listed chemicals for 1991 to 1995.
1990—Subsec. (b)(1)(B). Pub. L. 101–508 amended subpar. (B) generally, designating existing provision as cl. (i), inserting “with respect to any ozone-depleting chemical other than a newly listed chemical (as defined in section 4682(d)(3)(C))”, and adding cl. (ii).
Subsec. (b)(1)(C). Pub. L. 101–508 amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “The base tax amount for purposes of subparagraph (A) with respect to any sale or use during a calendar year after 1994 shall be the base tax amount for 1994 increased by 45 cents for each year after 1994.”
Effective Date Of Amendment
Pub. L. 102–486, title XIX, § 1931(d),
Pub. L. 101–508, title XI, § 11203(e),
Effective Date
Pub. L. 101–239, title VII, § 7506(c),