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2012 Amended Tax Forms

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2012 Amended Tax Forms

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The 2012 Amended Tax Forms

2012 amended tax forms 4. 2012 amended tax forms   Communications and Air Transportation Taxes Table of Contents Uncollected Tax Report Communications TaxLocal-only service. 2012 amended tax forms Private communication service. 2012 amended tax forms Exemptions Credits or Refunds Air Transportation TaxesTransportation of Persons by Air International Air Travel Facilities Transportation of Property by Air Special Rules on Transportation Taxes Excise taxes are imposed on amounts paid for certain facilities and services. 2012 amended tax forms If you receive any payment on which tax is imposed, you are required to collect the tax, file returns, and pay the tax over to the government. 2012 amended tax forms If you fail to collect and pay over the taxes, you may be liable for the trust fund recovery penalty. 2012 amended tax forms See chapter 14, later. 2012 amended tax forms Uncollected Tax Report A separate report is required to be filed by collecting agents of communications services and air transportation taxes if the person from whom the facilities or services tax (the tax) is required to be collected (the taxpayer) refuses to pay the tax, or it is impossible for the collecting agent to collect the tax. 2012 amended tax forms The report must contain the name and address of the taxpayer, the type of facility provided or service rendered, the amount paid for the facility or service (the amount on which the tax is based), and the date paid. 2012 amended tax forms Regular method taxpayers. 2012 amended tax forms   For regular method taxpayers, the report must be filed by the due date of the Form 720 on which the tax would have been reported. 2012 amended tax forms Alternative method taxpayers. 2012 amended tax forms   For alternative method taxpayers, the report must be filed by the due date of the Form 720 that includes an adjustment to the separate account for the uncollected tax. 2012 amended tax forms See Alternative method in  chapter 11. 2012 amended tax forms Where to file. 2012 amended tax forms    Do not file the uncollected tax report with Form 720. 2012 amended tax forms Instead, mail the report to: Internal Revenue Service Excise Tax Program SE:S:SP:EX MS C9-109 5000 Ellin Rd. 2012 amended tax forms  Lanham, MD 20706 Communications Tax A 3% tax is imposed on amounts paid for local telephone service and teletypewriter exchange service. 2012 amended tax forms Local telephone service. 2012 amended tax forms   This includes access to a local telephone system and the privilege of telephonic quality communication with most people who are part of the system. 2012 amended tax forms Local telephone service also includes any facility or services provided in connection with this service. 2012 amended tax forms The tax applies to lease payments for certain customer premises equipment (CPE) even though the lessor does not also provide access to a local telecommunications system. 2012 amended tax forms Local-only service. 2012 amended tax forms   Local-only service is local telephone service as described above, provided under a plan that does not include long distance telephone service or that separately states the charge for local service on the bill to customers. 2012 amended tax forms Local-only service also includes any facility or services provided in connection with this service, even though these services and facilities may also be used with long-distance service. 2012 amended tax forms Private communication service. 2012 amended tax forms   Private communication service is not local telephone service. 2012 amended tax forms Private communication service includes accessory-type services provided in connection with a Centrex, PBX, or other similar system for dual use accessory equipment. 2012 amended tax forms However, the charge for the service must be stated separately from the charge for the basic system, and the accessory must function, in whole or in part, in connection with intercommunication among the subscriber's stations. 2012 amended tax forms Teletypewriter exchange service. 2012 amended tax forms   This includes access from a teletypewriter or other data station to a teletypewriter exchange system and the privilege of intercommunication by that station with most persons having teletypewriter or other data stations in the same exchange system. 2012 amended tax forms Figuring the tax. 2012 amended tax forms   The tax is based on the sum of all charges for local telephone service included in the bill. 2012 amended tax forms However, if the bill groups individual items for billing and tax purposes, the tax is based on the sum of the individual items within that group. 2012 amended tax forms The tax on the remaining items not included in any group is based on the charge for each item separately. 2012 amended tax forms Do not include in the tax base state or local sales or use taxes that are separately stated on the taxpayer's bill. 2012 amended tax forms Exemptions Payments for certain services or payments from certain users are exempt from the communications tax. 2012 amended tax forms Nontaxable service. 2012 amended tax forms   Nontaxable service means bundled service and long distance service. 2012 amended tax forms Nontaxable service also includes pre-paid telephone cards and pre-paid cellular service. 2012 amended tax forms Bundled service. 2012 amended tax forms   Bundled service is local and long distance service provided under a plan that does not separately state the charge for the local telephone service. 2012 amended tax forms Bundled service includes plans that provide both local and long distance service for either a flat monthly fee or a charge that varies with the elapsed transmission time for which the service is used. 2012 amended tax forms Telecommunications companies provide bundled service for both landlines and wireless (cellular) service. 2012 amended tax forms If Voice over Internet Protocol service provides both local and long distance service and the charges are not separately stated, such service is bundled service. 2012 amended tax forms   The method for sending or receiving a call, such as on a landline telephone, wireless (cellular), or some other method, does not affect whether a service is local-only or bundled. 2012 amended tax forms Long distance service. 2012 amended tax forms   Long distance service is telephonic quality communication with persons whose telephones are outside the local telephone system of the caller. 2012 amended tax forms Pre-paid telephone cards (PTC). 2012 amended tax forms   A PTC will be treated as bundled service unless a PTC expressly states it is for local-only service. 2012 amended tax forms Generally, the person responsible for collecting the tax is the carrier who transfers the PTC to the transferee. 2012 amended tax forms The transferee is the first person that is not a carrier to whom a PTC is transferred by the carrier. 2012 amended tax forms The transferee is the person liable for the tax and is eligible to request a credit or refund. 2012 amended tax forms For more information, see Regulations section 49. 2012 amended tax forms 4251-4. 2012 amended tax forms   The holder is the person that purchases a PTC to use and not to resell. 2012 amended tax forms Holders are not liable for the tax and cannot request a credit or refund. 2012 amended tax forms Pre-paid cellular telephones. 2012 amended tax forms   Rules similar to the PTC rules described above apply to pre-paid cellular telephones. 2012 amended tax forms The transferee is the person eligible to request the credit or refund. 2012 amended tax forms Installation charges. 2012 amended tax forms   The tax does not apply to payments received for the installation of any instrument, wire, pole, switchboard, apparatus, or equipment. 2012 amended tax forms However, the tax does apply to payments for the repair or replacement of those items incidental to ordinary maintenance. 2012 amended tax forms Answering services. 2012 amended tax forms   The tax does not apply to amounts paid for a private line, an answering service, and a one-way paging or message service if they do not provide access to a local telephone system and the privilege of telephonic communication as part of the local telephone system. 2012 amended tax forms Mobile radio telephone service. 2012 amended tax forms   The tax does not apply to payments for a two-way radio service that does not provide access to a local telephone system. 2012 amended tax forms Coin-operated telephones. 2012 amended tax forms   The tax for local telephone service does not apply to payments made for services by inserting coins in public coin-operated telephones. 2012 amended tax forms But the tax applies if the coin-operated telephone service is furnished for a guaranteed amount. 2012 amended tax forms Figure the tax on the amount paid under the guarantee plus any fixed monthly or other periodic charge. 2012 amended tax forms Telephone-operated security systems. 2012 amended tax forms   The tax does not apply to amounts paid for telephones used only to originate calls to a limited number of telephone stations for security entry into a building. 2012 amended tax forms In addition, the tax does not apply to any amounts paid for rented communication equipment used in the security system. 2012 amended tax forms News services. 2012 amended tax forms   The tax on teletypewriter exchange service does not apply to charges for the following news services. 2012 amended tax forms Services dealing exclusively with the collection or dissemination of news for or through the public press or radio or television broadcasting. 2012 amended tax forms Services used exclusively in the collection or dissemination of news by a news ticker service furnishing a general news service similar to that of the public press. 2012 amended tax forms This exemption applies to payments received for messages from one member of the news media to another member (or to or from their bona fide correspondents). 2012 amended tax forms For the exemption to apply, the charge for these services must be billed in writing to the person paying for the service and that person must certify in writing that the services are used for an exempt purpose. 2012 amended tax forms Services not exempted. 2012 amended tax forms   The tax applies to amounts paid by members of the news media for local telephone service. 2012 amended tax forms International organizations and the American Red Cross. 2012 amended tax forms   The tax does not apply to communication services furnished to an international organization or to the American National Red Cross. 2012 amended tax forms Nonprofit hospitals. 2012 amended tax forms   The tax does not apply to telephone services furnished to income tax-exempt nonprofit hospitals for their use. 2012 amended tax forms Also, the tax does not apply to amounts paid by these hospitals to provide local telephone service in the homes of their personnel who must be reached during their off-duty hours. 2012 amended tax forms Nonprofit educational organizations. 2012 amended tax forms   The tax does not apply to payments received for services and facilities furnished to a nonprofit educational organization for its use. 2012 amended tax forms A nonprofit educational organization is one that satisfies all the following requirements. 2012 amended tax forms It normally maintains a regular faculty and curriculum. 2012 amended tax forms It normally has a regularly enrolled body of pupils or students in attendance at the place where its educational activities are regularly carried on. 2012 amended tax forms It is exempt from income tax under section 501(a). 2012 amended tax forms This includes a school operated by an organization exempt under section 501(c)(3) if the school meets the above qualifications. 2012 amended tax forms Qualified blood collector organizations. 2012 amended tax forms   The tax does not apply to telephone services furnished to qualified blood collector organizations for their use. 2012 amended tax forms A qualified blood collector organization is one that is: Described in section 501(c)(3) and exempt from tax under section 501(a), Primarily engaged in the activity of collecting human blood, Registered with the IRS, and Registered by the Food and Drug Administration to collect blood. 2012 amended tax forms Federal, state, and local government. 2012 amended tax forms   The tax does not apply to communication services provided to the government of the United States, the government of any state or its political subdivisions, the District of Columbia, or the United Nations. 2012 amended tax forms Treat an Indian tribal government as a state for the exemption from the communications tax only if the services involve the exercise of an essential tribal government function. 2012 amended tax forms Exemption certificate. 2012 amended tax forms   Any form of exemption certificate will be acceptable if it includes all the information required by the Internal Revenue Code and Regulations. 2012 amended tax forms See Regulations section 49. 2012 amended tax forms 4253-11. 2012 amended tax forms File the certificate with the provider of the communication services. 2012 amended tax forms An exemption certificate is not required for nontaxable services. 2012 amended tax forms   The following users that are exempt from the communications tax do not have to file an annual exemption certificate after they have filed the initial certificate to claim an exemption from the communications tax. 2012 amended tax forms The American National Red Cross and other international organizations. 2012 amended tax forms Nonprofit hospitals. 2012 amended tax forms Nonprofit educational organizations. 2012 amended tax forms Qualified blood collector organizations. 2012 amended tax forms State and local governments. 2012 amended tax forms   The federal government does not have to file any exemption certificate. 2012 amended tax forms   All other organizations must furnish exemption certificates when required. 2012 amended tax forms Credits or Refunds If tax is collected and paid over for nontaxable services, or for certain services or users exempt from the communications tax, the collector or taxpayer may claim a credit or refund if it has repaid the tax to the person from whom the tax was collected or obtained the consent of that person to the allowance of the credit or refund. 2012 amended tax forms Alternatively, the person who paid the tax may claim a refund. 2012 amended tax forms For more information on how to file for credits or refunds, see the Instructions for Form 720 or Form 8849. 2012 amended tax forms Collectors. 2012 amended tax forms   The collector may request a credit or refund if it has repaid the tax to the person from whom the tax was collected, or obtained the consent of that person to the allowance of the credit or refund. 2012 amended tax forms These requirements also apply to nontaxable service refunds. 2012 amended tax forms Collectors using the regular method for deposits. 2012 amended tax forms   Collectors using the regular method for deposits must use Form 720X to request a credit or refund if the collector has repaid the tax to the person from whom the tax was collected, or obtained the consent of that person to the allowance of the credit or refund. 2012 amended tax forms Collectors using the alternative method for deposits. 2012 amended tax forms   Collectors using the alternative method for deposits must adjust their separate accounts for the credit or refund if it has repaid the tax to the person from whom the tax was collected, or obtained the consent of that person to the allowance of the credit or refund. 2012 amended tax forms For more information, see the Instructions for Form 720. 2012 amended tax forms Air Transportation Taxes Taxes are imposed on amounts paid for: Transportation of persons by air, Use of international air travel facilities, and Transportation of property by air. 2012 amended tax forms Transportation of Persons by Air The tax on transportation of persons by air is made up of the: Percentage tax, and Domestic-segment tax. 2012 amended tax forms Percentage tax. 2012 amended tax forms   A tax of 7. 2012 amended tax forms 5% applies to amounts paid for taxable transportation of persons by air. 2012 amended tax forms Amounts paid for transportation include charges for layover or waiting time and movement of aircraft in deadhead service. 2012 amended tax forms Mileage awards. 2012 amended tax forms   The percentage tax may apply to an amount paid (in cash or in kind) to an air carrier (or any related person) for the right to provide mileage awards for, or other reductions in the cost of, any transportation of persons by air. 2012 amended tax forms For example, this applies to mileage awards purchased by credit card companies, telephone companies, restaurants, hotels, and other businesses. 2012 amended tax forms   Generally, the percentage tax does not apply to amounts paid for mileage awards where the mileage awards cannot, under any circumstances, be redeemed for air transportation that is subject to the tax. 2012 amended tax forms Until regulations are issued, the following rules apply to mileage awards. 2012 amended tax forms Amounts paid for mileage awards that cannot be redeemed for taxable transportation beginning and ending in the United States are not subject to the tax. 2012 amended tax forms For this rule, mileage awards issued by a foreign air carrier are considered to be usable only on that foreign air carrier and thus not redeemable for taxable transportation beginning and ending in the United States. 2012 amended tax forms Therefore, amounts paid to a foreign air carrier for mileage awards are not subject to the tax. 2012 amended tax forms Amounts paid by an air carrier to a domestic air carrier for mileage awards that can be redeemed for taxable transportation are not subject to the tax to the extent those miles will be awarded in connection with the purchase of taxable transportation. 2012 amended tax forms Amounts paid by an air carrier to a domestic air carrier for mileage awards that can be redeemed for taxable transportation are subject to the tax to the extent those miles will not be awarded in connection with the purchase of taxable transportation. 2012 amended tax forms Domestic-segment tax. 2012 amended tax forms   The domestic-segment tax is a flat dollar amount for each segment of taxable transportation for which an amount is paid. 2012 amended tax forms However, see Rural airports, later. 2012 amended tax forms A segment is a single takeoff and a single landing. 2012 amended tax forms The amount of the domestic-segment tax is in the Instructions for Form 720. 2012 amended tax forms Charter flights. 2012 amended tax forms    If an aircraft is chartered, the domestic-segment tax for each segment of taxable transportation is figured by multiplying the tax by the number of passengers transported on the aircraft. 2012 amended tax forms Rural airports. 2012 amended tax forms   The domestic-segment tax does not apply to a segment to or from a rural airport. 2012 amended tax forms An airport is a rural airport for a calendar year if fewer than 100,000 commercial passengers departed from the airport by air during the second preceding calendar year (the 100,000 passenger rule), and one of the following is true: The airport is not located within 75 miles of another airport from which 100,000 or more commercial passengers departed during the second preceding calendar year, The airport was receiving essential air service subsidies as of August 5, 1997, or The airport is not connected by paved roads to another airport. 2012 amended tax forms   To apply the 100,000 passenger rule to any airport described in (3) above, only count commercial passengers departing from the airport by air on flight segments of at least 100 miles. 2012 amended tax forms   An updated list of rural airports can be found on the Department of Transportation website at www. 2012 amended tax forms dot. 2012 amended tax forms gov and enter the phrase “Essential Air Service” in the search box. 2012 amended tax forms Taxable transportation. 2012 amended tax forms   Taxable transportation is transportation by air that meets either of the following tests. 2012 amended tax forms It begins and ends either in the United States or at any place in Canada or Mexico not more than 225 miles from the nearest point on the continental United States boundary (this is the 225-mile zone). 2012 amended tax forms It is directly or indirectly from one port or station in the United States to another port or station in the United States, but only if it is not a part of uninterrupted international air transportation, discussed later. 2012 amended tax forms Round trip. 2012 amended tax forms   A round trip is considered two separate trips. 2012 amended tax forms The first trip is from the point of departure to the destination. 2012 amended tax forms The second trip is the return trip from that destination. 2012 amended tax forms Uninterrupted international air transportation. 2012 amended tax forms   This means transportation entirely by air that does not begin and end in the United States or in the 225-mile zone if there is not more than a 12-hour scheduled interval between arrival and departure at any station in the United States. 2012 amended tax forms For a special rule that applies to military personnel, see Exemptions, later. 2012 amended tax forms Transportation between the continental U. 2012 amended tax forms S. 2012 amended tax forms and Alaska or Hawaii. 2012 amended tax forms   This transportation is partially exempt from the tax on transportation of persons by air. 2012 amended tax forms The tax does not apply to the part of the trip between the point at which the route of transportation leaves or enters the continental United States (or a port or station in the 225-mile zone) and the point at which it enters or leaves Hawaii or Alaska. 2012 amended tax forms Leaving or entering occurs when the route of the transportation passes over either the United States border or a point 3 nautical miles (3. 2012 amended tax forms 45 statute miles) from low tide on the coast line, or when it leaves a port or station in the 225-mile zone. 2012 amended tax forms Therefore, this transportation is subject to the percentage tax on the part of the trip in U. 2012 amended tax forms S. 2012 amended tax forms airspace, the domestic-segment tax for each domestic segment, and the tax on the use of international air travel facilities, discussed later. 2012 amended tax forms Transportation within Alaska or Hawaii. 2012 amended tax forms   The tax on transportation of persons by air applies to the entire fare paid in the case of flights between any of the Hawaiian Islands, and between any ports or stations in the Aleutian Islands or other ports or stations elsewhere in Alaska. 2012 amended tax forms The tax applies even though parts of the flights may be over international waters or over Canada, if no point on the direct line of transportation between the ports or stations is more than 225 miles from the United States (Hawaii or Alaska). 2012 amended tax forms Package tours. 2012 amended tax forms   The air transportation taxes apply to “complimentary” air transportation furnished solely to participants in package holiday tours. 2012 amended tax forms The amount paid for these package tours includes a charge for air transportation even though it may be advertised as “free. 2012 amended tax forms ” This rule also applies to the tax on the use of international air travel facilities, discussed later. 2012 amended tax forms Liability for tax. 2012 amended tax forms   The person paying for taxable transportation is liable for the tax and, ordinarily, the person receiving the payment collects the tax, files the returns, and pays the tax over to the government. 2012 amended tax forms However, if payment is made outside the United States for a prepaid order, exchange order, or similar order, the person furnishing the initial transportation provided for under that order must collect the tax. 2012 amended tax forms    A travel agency that is an independent broker and sells tours on aircraft that it charters must collect the transportation tax, file the returns, and pay the tax over to the government. 2012 amended tax forms However, a travel agency that sells tours as the agent of an airline must collect the tax and remit it to the airline for the filing of returns and for the payment of the tax over to the government. 2012 amended tax forms An independent third party that is not under the airline's supervision or control, but is acting on behalf of, and receiving compensation from, a passenger, is not required to collect the tax and pay it to the government. 2012 amended tax forms For more information on resellers of air transportation, see Revenue Ruling 2006-52. 2012 amended tax forms You can find Revenue Ruling 2006-52 on page 761 of I. 2012 amended tax forms R. 2012 amended tax forms B. 2012 amended tax forms 2006-43 at www. 2012 amended tax forms irs. 2012 amended tax forms gov/pub/irs-irbs/irb06-43. 2012 amended tax forms pdf. 2012 amended tax forms   The fact that the aircraft does not use public or commercial airports in taking off and landing has no effect on the tax. 2012 amended tax forms But see Certain helicopter uses, later. 2012 amended tax forms   For taxable transportation that begins and ends in the United States, the tax applies regardless of whether the payment is made in or outside the United States. 2012 amended tax forms   If the tax is not paid when payment for the transportation is made, the air carrier providing the initial segment of the transportation that begins or ends in the United States becomes liable for the tax. 2012 amended tax forms Exemptions. 2012 amended tax forms   The tax on transportation of persons by air does not apply in the following situations. 2012 amended tax forms See also Special Rules on Transportation Taxes, later. 2012 amended tax forms Military personnel on international trips. 2012 amended tax forms   When traveling in uniform at their own expense, United States military personnel on authorized leave are deemed to be traveling in uninterrupted international air transportation (defined earlier) even if the scheduled interval between arrival and departure at any station in the United States is actually more than 12 hours. 2012 amended tax forms However, such personnel must buy their tickets within 12 hours after landing at the first domestic airport and accept the first available accommodation of the type called for by their tickets. 2012 amended tax forms The trip must begin or end outside the United States and the 225-mile zone. 2012 amended tax forms Certain helicopter uses. 2012 amended tax forms   The tax does not apply to air transportation by helicopter if the helicopter is used for any of the following purposes. 2012 amended tax forms Transporting individuals, equipment, or supplies in the exploration for, or the development or removal of, hard minerals, oil, or gas. 2012 amended tax forms Planting, cultivating, cutting, transporting, or caring for trees (including logging operations). 2012 amended tax forms Providing emergency medical transportation. 2012 amended tax forms   However, during a use described in items (1) or (2), the tax applies if the helicopter takes off from, or lands at, a facility eligible for assistance under the Airport and Airway Development Act of 1970, or otherwise uses services provided under section 44509 or 44913(b) or subchapter I of chapter 471 of title 49, United States Code. 2012 amended tax forms For item (1), treat each flight segment as a separate flight. 2012 amended tax forms Fixed-wing aircraft uses. 2012 amended tax forms   The tax does not apply to air transportation by fixed-wing aircraft if the fixed-wing aircraft is used for any of the following purposes. 2012 amended tax forms Planting, cultivating, cutting, transporting, or caring for trees (including logging operations). 2012 amended tax forms Providing emergency medical transportation. 2012 amended tax forms The aircraft must be equipped for and exclusively dedicated on that flight to acute care emergency medical services. 2012 amended tax forms   However, during a use described in item (1), the tax applies if the fixed-wing aircraft takes off from, or lands at, a facility eligible for assistance under the Airport and Airway Development Act of 1970, or otherwise uses services provided under section 44509 or 44913(b) or subchapter I of chapter 471 of title 49, United States Code. 2012 amended tax forms Skydiving. 2012 amended tax forms   The tax does not apply to any air transportation exclusively for the purpose of skydiving. 2012 amended tax forms Seaplanes. 2012 amended tax forms   The tax does not apply to any air transportation by seaplane for any segment consisting of a takeoff from, and a landing on, water if the places where the takeoff and landing occur are not receiving financial assistance from the Airport and Airways Trust Fund. 2012 amended tax forms Bonus tickets. 2012 amended tax forms   The tax does not apply to free bonus tickets issued by an airline company to its customers who have satisfied all requirements to qualify for the bonus tickets. 2012 amended tax forms However, the tax applies to amounts paid by customers for advance bonus tickets when customers have traveled insufficient mileage to fully qualify for the free advance bonus tickets. 2012 amended tax forms International Air Travel Facilities A tax per person is imposed (whether in or outside the United States) for international flights that begin or end in the United States. 2012 amended tax forms However, for a domestic segment that begins or ends in Alaska or Hawaii, a reduced tax per person applies only to departures. 2012 amended tax forms This tax does not apply if all the transportation is subject to the percentage tax, discussed earlier. 2012 amended tax forms It also doesn't apply if the surtax on fuel used in a fractional ownership program aircraft (discussed earlier) is imposed. 2012 amended tax forms See the Instructions for Form 720 for the tax rates. 2012 amended tax forms Transportation of Property by Air A tax of 6. 2012 amended tax forms 25% is imposed on amounts paid (whether in or outside the United States) for transportation of property by air. 2012 amended tax forms The fact that the aircraft may not use public or commercial airports in taking off and landing has no effect on the tax. 2012 amended tax forms The tax applies only to amounts paid to a person engaged in the business of transporting property by air for hire. 2012 amended tax forms The tax applies only to transportation (including layover time and movement of aircraft in deadhead service) that begins and ends in the United States. 2012 amended tax forms Thus, the tax does not apply to transportation of property by air that begins or ends outside the United States. 2012 amended tax forms Exemptions. 2012 amended tax forms   The tax on transportation of property by air does not apply in the following situations. 2012 amended tax forms See also Special Rules on Transportation Taxes, later. 2012 amended tax forms Cropdusting and firefighting service. 2012 amended tax forms   The tax does not apply to amounts paid for cropdusting or aerial firefighting service. 2012 amended tax forms Exportation. 2012 amended tax forms    The tax does not apply to payments for transportation of property by air in the course of exportation (including to United States possessions) by continuous movement, as evidenced by the execution of Form 1363, Export Exemption Certificate. 2012 amended tax forms See Form 1363 for more information. 2012 amended tax forms Certain helicopter and fixed-wing air ambulance uses. 2012 amended tax forms   The tax does not apply to amounts paid for the use of helicopters in construction to set heating and air conditioning units on roofs of buildings, to dismantle tower cranes, and to aid in construction of power lines and ski lifts. 2012 amended tax forms   The tax also does not apply to air transportation by helicopter or fixed-wing aircraft for the purpose of providing emergency medical services. 2012 amended tax forms The fixed-wing aircraft must be equipped for and exclusively dedicated on that flight to acute care emergency medical services. 2012 amended tax forms Skydiving. 2012 amended tax forms   The tax does not apply to any air transportation exclusively for the purpose of skydiving. 2012 amended tax forms Excess baggage. 2012 amended tax forms    The tax does not apply to excess baggage accompanying a passenger on an aircraft operated on an established line. 2012 amended tax forms Surtax on fuel used in a fractional ownership program aircraft. 2012 amended tax forms   The tax does not apply if the surtax on fuel used in a fractional ownership program aircraft (discussed earlier) is imposed. 2012 amended tax forms Alaska and Hawaii. 2012 amended tax forms   For transportation of property to and from Alaska and Hawaii, the tax in general does not apply to the portion of the transportation that is entirely outside the continental United States (or the 225-mile zone if the aircraft departs from or arrives at an airport in the 225-mile zone). 2012 amended tax forms But the tax applies to flights between ports or stations in Alaska and the Aleutian Islands, as well as between ports or stations in Hawaii. 2012 amended tax forms The tax applies even though parts of the flights may be over international waters or over Canada, if no point on a line drawn from where the route of transportation leaves the United States (Alaska) to where it reenters the United States (Alaska) is more than 225 miles from the United States. 2012 amended tax forms Liability for tax. 2012 amended tax forms   The person paying for taxable transportation is liable for the tax and, ordinarily, the person engaged in the business of transporting property by air for hire receives the payment, collects the tax, files the returns, and pays the tax over to the government. 2012 amended tax forms   If tax is not paid when a payment is made outside the United States, the person furnishing the last segment of taxable transportation collects the tax from the person to whom the property is delivered in the United States. 2012 amended tax forms Special Rules on Transportation Taxes In certain circumstances, special rules apply to the taxes on transportation of persons and property by air. 2012 amended tax forms Aircraft used by affiliated corporations. 2012 amended tax forms   The taxes do not apply to payments received by one member of an affiliated group of corporations from another member for services furnished in connection with the use of an aircraft. 2012 amended tax forms However, the aircraft must be owned or leased by a member of the affiliated group and cannot be available for hire by a nonmember of the affiliated group. 2012 amended tax forms Determine whether an aircraft is available for hire by a nonmember of an affiliated group on a flight-by-flight basis. 2012 amended tax forms   For this rule, an affiliated group of corporations is any group of corporations connected with a common parent corporation through 80% or more of stock ownership. 2012 amended tax forms Small aircraft. 2012 amended tax forms   The taxes do not apply to transportation furnished by an aircraft having a maximum certificated takeoff weight of 6,000 pounds or less. 2012 amended tax forms However, the taxes do apply if the aircraft is operated on an established line. 2012 amended tax forms “Operated on an established line” means the aircraft operates with some degree of regularity between definite points. 2012 amended tax forms However, it does not include any time an aircraft is being operated on a flight that is solely for sightseeing. 2012 amended tax forms   Consider an aircraft to be operated on an established line if it is operated on a charter basis between two cities also served by that carrier on a regularly scheduled basis. 2012 amended tax forms   Also, the taxes apply if the aircraft is jet-powered, regardless of its maximum certificated takeoff weight or whether or not it is operated on an established line. 2012 amended tax forms Mixed load of persons and property. 2012 amended tax forms   If a single amount is paid for air transportation of persons and property, the payment must be allocated between the amount subject to the tax on transportation of persons and the amount subject to the tax on transportation of property. 2012 amended tax forms The allocation must be reasonable and supported by adequate records. 2012 amended tax forms Credits or refunds. 2012 amended tax forms   If tax is collected and paid over for air transportation that is not taxable air transportation, the collector may claim a credit or refund if it has repaid the tax to the person from whom the tax was collected or obtained the consent of that person to the allowance of the credit or refund. 2012 amended tax forms Alternatively, the person who paid the tax may claim a refund. 2012 amended tax forms For information on how to file for credits or refunds, see the Instructions for Form 720 or Form 8849. 2012 amended tax forms Prev  Up  Next   Home   More Online Publications