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Tax 2012

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Tax 2012

Tax 2012 1. Tax 2012   Fuel Taxes Table of Contents Definitions Information Returns Registration RequirementsAdditional information. Tax 2012 Gasoline and Aviation GasolineTaxable Events Gasoline Blendstocks Diesel Fuel and KeroseneTaxable Events Dyed Diesel Fuel and Dyed Kerosene Alaska and Feedstocks Back-up Tax Diesel-Water Fuel Emulsion Kerosene for Use in AviationTaxable Events Liability For Tax Surtax on any liquid used in a fractional ownership program aircraft as fuel Certificate for Commercial Aviation and Exempt UsesExempt use. Tax 2012 Reseller statement. Tax 2012 Other Fuels (Including Alternative Fuels)Taxable Events Compressed Natural Gas (CNG)Taxable Events Fuels Used on Inland WaterwaysFishing vessels. Tax 2012 Deep-draft ocean-going vessels. Tax 2012 Passenger vessels. Tax 2012 Ocean-going barges. Tax 2012 State or local governments. Tax 2012 Cellulosic or Second Generation Biofuel Not Used as Fuel Biodiesel Sold as But Not Used as Fuel Definitions Excise taxes are imposed on all the following fuels. Tax 2012 Gasoline, including aviation gasoline and gasoline blendstocks. Tax 2012 Diesel fuel, including dyed diesel fuel. Tax 2012 Diesel-water fuel emulsion. Tax 2012 Kerosene, including dyed kerosene and kerosene used in aviation. Tax 2012 Other Fuels (including alternative fuels). Tax 2012 Compressed natural gas (CNG). Tax 2012 Fuels used in commercial transportation on inland waterways. Tax 2012 Any liquid used in a fractional ownership program aircraft as fuel. Tax 2012 The following terms are used throughout the discussion of fuel taxes. Tax 2012 Other terms are defined in the discussion of the specific fuels to which they pertain. Tax 2012 Agri-biodiesel. Tax 2012   Agri-biodiesel means biodiesel derived solely from virgin oils, including esters derived from virgin vegetable oils from corn, soybeans, sunflower seeds, cottonseeds, canola, crambe, rapeseeds, safflowers, flaxseeds, rice bran, mustard seeds, and camelina, and from animal fats. Tax 2012 Approved terminal or refinery. Tax 2012   This is a terminal operated by a registrant that is a terminal operator or a refinery operated by a registrant that is a refiner. Tax 2012 Biodiesel. Tax 2012   Biodiesel means the monoalkyl esters of long chain fatty acids derived from plant or animal matter that meet the registration requirements for fuels and fuel additives established by the Environmental Protection Agency (EPA) under section 211 of the Clean Air Act, and the requirements of the American Society of Testing Materials (ASTM) D6751. Tax 2012 Blended taxable fuel. Tax 2012   This means any taxable fuel produced outside the bulk transfer/terminal system by mixing taxable fuel on which excise tax has been imposed and any other liquid on which excise tax has not been imposed. Tax 2012 This does not include a mixture removed or sold during the calendar quarter if all such mixtures removed or sold by the blender contain less than 400 gallons of a liquid on which the tax has not been imposed. Tax 2012 Blender. Tax 2012   This is the person that produces blended taxable fuel. Tax 2012 Bulk transfer. Tax 2012   This is the transfer of taxable fuel by pipeline or vessel. Tax 2012 Bulk transfer/terminal system. Tax 2012   This is the taxable fuel distribution system consisting of refineries, pipelines, vessels, and terminals. Tax 2012 Fuel in the supply tank of any engine, or in any tank car, railcar, trailer, truck, or other equipment suitable for ground transportation is not in the bulk transfer/terminal system. Tax 2012 Cellulosic biofuel. Tax 2012   Cellulosic biofuel means any liquid fuel produced from any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis that meets the registration requirements for fuels and fuel additives established by the EPA under section 211 of the Clean Air Act. Tax 2012 Cellulosic biofuel does not include any alcohol with a proof of less than 150 (without regard to denaturants). Tax 2012 For fuels sold or used after December 31, 2009, cellulosic biofuel does not include fuel of which more than 4% (determined by weight) is any combination of water and sediment, fuel of which the ash content is more than 1%, or fuel that has an acid number greater than 25. Tax 2012 Also see Second generation biofuel below. Tax 2012 Diesel-water fuel emulsion. Tax 2012   A diesel-water fuel emulsion means an emulsion at least 14% of which is water. Tax 2012 The emulsion additive used to produce the fuel must be registered by a United States manufacturer with the EPA under section 211 of the Clean Air Act as in effect on March 31, 2003. Tax 2012 Dry lease aircraft exchange. Tax 2012   See later, under Surtax on any liquid used in a fractional ownership program aircraft as fuel. Tax 2012 Enterer. Tax 2012   This is the importer of record (under customs law) for the taxable fuel. Tax 2012 However, if the importer of record is acting as an agent, such as a customs broker, the person for whom the agent is acting is the enterer. Tax 2012 If there is no importer of record, the owner at the time of entry into the United States is the enterer. Tax 2012 Entry. Tax 2012   Taxable fuel is entered into the United States when it is brought into the United States and applicable customs law requires that it be entered for consumption, use, or warehousing. Tax 2012 This does not apply to fuel brought into Puerto Rico (which is part of the U. Tax 2012 S. Tax 2012 customs territory), but does apply to fuel brought into the United States from Puerto Rico. Tax 2012 Fractional ownership aircraft program and fractional program aircraft. Tax 2012   See later, under Surtax on any liquid used in a fractional ownership program aircraft as fuel. Tax 2012 Measurement of taxable fuel. Tax 2012   Volumes of taxable fuel can be measured on the basis of actual volumetric gallons or gallons adjusted to 60 degrees Fahrenheit. Tax 2012 Other fuels. Tax 2012   See Other Fuels (Including Alternative Fuels), later, and Alternative Fuel Credit and Alternative Fuel Mixture Credit in chapter 2. Tax 2012 Pipeline operator. Tax 2012   This is the person that operates a pipeline within the bulk transfer/terminal system. Tax 2012 Position holder. Tax 2012   This is the person that holds the inventory position in the taxable fuel in the terminal, as reflected in the records of the terminal operator. Tax 2012 You hold the inventory position when you have a contractual agreement with the terminal operator for the use of the storage facilities and terminaling services for the taxable fuel. Tax 2012 A terminal operator that owns taxable fuel in its terminal is a position holder. Tax 2012 Rack. Tax 2012   This is a mechanism capable of delivering fuel into a means of transport other than a pipeline or vessel. Tax 2012 Refiner. Tax 2012   This is any person that owns, operates, or otherwise controls a refinery. Tax 2012 Refinery. Tax 2012   This is a facility used to produce taxable fuel and from which taxable fuel may be removed by pipeline, by vessel, or at a rack. Tax 2012 However, this term does not include a facility where only blended fuel, and no other type of fuel, is produced. Tax 2012 For this purpose, blended fuel is any mixture that would be blended taxable fuel if produced outside the bulk transfer/terminal system. Tax 2012 Registrant. Tax 2012   This is a taxable fuel registrant (see Registration Requirements, later). Tax 2012 Removal. Tax 2012   This is any physical transfer of taxable fuel. Tax 2012 It also means any use of taxable fuel other than as a material in the production of taxable fuel or Other Fuels. Tax 2012 However, taxable fuel is not removed when it evaporates or is otherwise lost or destroyed. Tax 2012 Renewable diesel. Tax 2012   See Renewable Diesel Credits in chapter 2. Tax 2012 Sale. Tax 2012   For taxable fuel not in a terminal, this is the transfer of title to, or substantial incidents of ownership in, taxable fuel to the buyer for money, services, or other property. Tax 2012 For taxable fuel in a terminal, this is the transfer of the inventory position if the transferee becomes the position holder for that taxable fuel. Tax 2012 Second generation biofuel. Tax 2012   This is any liquid fuel derived by, or from, qualified feedstocks, and meets the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section 211 of the Clean Air Act (42 U. Tax 2012 S. Tax 2012 C. Tax 2012 7545). Tax 2012 It also includes certain liquid fuel which is derived by, or from, any cultivated algae, cyanobacteria, or lemna. Tax 2012 It is not alcohol of less than 150 proof (disregard any added denaturants). Tax 2012 See Form 6478 for more information. Tax 2012 State. Tax 2012   This includes any state, any of its political subdivisions, the District of Columbia, and the American Red Cross. Tax 2012 An Indian tribal government is treated as a state only if transactions involve the exercise of an essential tribal government function. Tax 2012 Taxable fuel. Tax 2012   This means gasoline, diesel fuel, and kerosene. Tax 2012 Terminal. Tax 2012   This is a storage and distribution facility supplied by pipeline or vessel, and from which taxable fuel may be removed at a rack. Tax 2012 It does not include a facility at which gasoline blendstocks are used in the manufacture of products other than finished gasoline if no gasoline is removed from the facility. Tax 2012 A terminal does not include any facility where finished gasoline, diesel fuel, or kerosene is stored if the facility is operated by a registrant and all such taxable fuel stored at the facility has been previously taxed upon removal from a refinery or terminal. Tax 2012 Terminal operator. Tax 2012   This is any person that owns, operates, or otherwise controls a terminal. Tax 2012 Throughputter. Tax 2012   This is any person that is a position holder or that owns taxable fuel within the bulk transfer/terminal system (other than in a terminal). Tax 2012 Vessel operator. Tax 2012   This is the person that operates a vessel within the bulk transfer/terminal system. Tax 2012 However, vessel does not include a deep draft ocean-going vessel. Tax 2012 Information Returns Form 720-TO and Form 720-CS are information returns used to report monthly receipts and disbursements of liquid products. Tax 2012 A liquid product is any liquid transported into storage at a terminal or delivered out of a terminal. Tax 2012 For a list of products, see the product code table in the Instructions for Forms 720-TO and 720-CS. Tax 2012 The returns are due the last day of the month following the month in which the transaction occurs. Tax 2012 Generally, these returns can be filed on paper or electronically. Tax 2012 For information on filing electronically, see Publication 3536, Motor Fuel Excise Tax EDI Guide. Tax 2012 Publication 3536 is only available on the IRS website. Tax 2012 Form 720-TO. Tax 2012   This information return is used by terminal operators to report receipts and disbursements of all liquid products to and from all approved terminals. Tax 2012 Each terminal operator must file a separate form for each approved terminal. Tax 2012 Form 720-CS. Tax 2012   This information return must be filed by bulk transport carriers (barges, vessels, and pipelines) who receive liquid product from an approved terminal or deliver liquid product to an approved terminal. Tax 2012 Registration Requirements The following discussion applies to excise tax registration requirements for activities relating to fuels only. Tax 2012 See Form 637 for other persons who must register and for more information about registration. Tax 2012 Persons that are required to be registered. Tax 2012   You are required to be registered if you are a: Blender; Enterer; Pipeline operator; Position holder; Refiner; Terminal operator; Vessel operator; Producer or importer of alcohol, biodiesel, agri-biodiesel, and renewable diesel; or Producer of cellulosic or second generation biofuel. Tax 2012 Persons that may register. Tax 2012   You may, but are not required to, register if you are a: Feedstock user, Industrial user, Throughputter that is not a position holder, Ultimate vendor, Diesel-water fuel emulsion producer, Credit card issuer, or Alternative fuel claimant. Tax 2012 Ultimate vendors, credit card issuers, and alternative fuel claimants do not need to be registered to buy or sell fuel. Tax 2012 However, they must be registered to file claims for certain sales and uses of fuel. Tax 2012 See Form 637 for more information. Tax 2012 Taxable fuel registrant. Tax 2012   This is an enterer, an industrial user, a refiner, a terminal operator, or a throughputter who received a Letter of Registration under the excise tax registration provisions and whose registration has not been revoked or suspended. Tax 2012 The term registrant as used in the discussions of these fuels means a taxable fuel registrant. Tax 2012 Additional information. Tax 2012   See the Form 637 instructions for the information you must submit when you apply for registration. Tax 2012 Failure to register. Tax 2012   The penalty for failure to register if you must register, unless due to reasonable cause, is $10,000 for the initial failure, and then $1,000 each day thereafter you fail to register. Tax 2012 Gasoline and Aviation Gasoline Gasoline. Tax 2012   Gasoline means all products commonly or commercially known or sold as gasoline with an octane rating of 75 or more that are suitable for use as a motor fuel. Tax 2012 Gasoline includes any gasoline blend other than: Qualified ethanol and methanol fuel (at least 85 percent of the blend consists of alcohol produced from coal, including peat), Partially exempt ethanol and methanol fuel (at least 85 percent of the blend consists of alcohol produced from natural gas), or Denatured alcohol. Tax 2012 Gasoline also includes gasoline blendstocks, discussed later. Tax 2012 Aviation gasoline. Tax 2012   This means all special grades of gasoline suitable for use in aviation reciprocating engines and covered by ASTM specification D910 or military specification MIL-G-5572. Tax 2012 Taxable Events The tax on gasoline is $. Tax 2012 184 per gallon. Tax 2012 The tax on aviation gasoline is $. Tax 2012 194 per gallon. Tax 2012 When used in a fractional ownership program aircraft, gasoline also is subject to a surtax of $. Tax 2012 141 per gallon. Tax 2012 See Surtax on any liquid used in a fractional ownership program aircraft as fuel, later. Tax 2012 Tax is imposed on the removal, entry, or sale of gasoline. Tax 2012 Each of these events is discussed later. Tax 2012 Also, see the special rules that apply to gasoline blendstocks, later. Tax 2012 If the tax is paid on the gasoline in more than one event, a refund may be allowed for the “second” tax paid. Tax 2012 See Refunds of Second Tax in chapter 2. Tax 2012 Removal from terminal. Tax 2012   All removals of gasoline at a terminal rack are taxable. Tax 2012 The position holder for that gasoline is liable for the tax. Tax 2012 Two-party exchanges. Tax 2012   In a two-party exchange, the receiving person, not the delivering person, is liable for the tax imposed on the removal of taxable fuel from the terminal at the terminal rack. Tax 2012 A two-party exchange means a transaction (other than a sale) where the delivering person and receiving person are both taxable fuel registrants and all of the following apply. Tax 2012 The transaction includes a transfer from the delivering person, who holds the inventory position for the taxable fuel in the terminal as reflected in the records of the terminal operator. Tax 2012 The exchange transaction occurs before or at the same time as removal across the rack by the receiving person. Tax 2012 The terminal operator in its records treats the receiving person as the person that removes the product across the terminal rack for purposes of reporting the transaction on Form 720-TO. Tax 2012 The transaction is subject to a written contract. Tax 2012 Terminal operator's liability. Tax 2012   The terminal operator is jointly and severally liable for the tax if the position holder is a person other than the terminal operator and is not a registrant. Tax 2012   However, a terminal operator meeting all the following conditions at the time of the removal will not be liable for the tax. Tax 2012 The terminal operator is a registrant. Tax 2012 The terminal operator has an unexpired notification certificate (discussed later) from the position holder. Tax 2012 The terminal operator has no reason to believe any information on the certificate is false. Tax 2012 Removal from refinery. Tax 2012   The removal of gasoline from a refinery is taxable if the removal meets either of the following conditions. Tax 2012 It is made by bulk transfer and the refiner, the owner of the gasoline immediately before the removal, or the operator of the pipeline or vessel is not a registrant. Tax 2012 It is made at the refinery rack. Tax 2012 The refiner is liable for the tax. Tax 2012 Exception. Tax 2012   The tax does not apply to a removal of gasoline at the refinery rack if all the following requirements are met. Tax 2012 The gasoline is removed from an approved refinery not served by pipeline (other than for receiving crude oil) or vessel. Tax 2012 The gasoline is received at a facility operated by a registrant and located within the bulk transfer/terminal system. Tax 2012 The removal from the refinery is by railcar. Tax 2012 The same person operates the refinery and the facility at which the gasoline is received. Tax 2012 Entry into the United States. Tax 2012   The entry of gasoline into the United States is taxable if the entry meets either of the following conditions. Tax 2012 It is made by bulk transfer and the enterer or the operator of the pipeline or vessel is not a registrant. Tax 2012 It is not made by bulk transfer. Tax 2012 The enterer is liable for the tax. Tax 2012 Importer of record's liability. Tax 2012   The importer of record is jointly and severally liable for the tax with the enterer if the importer of record is not the enterer of the taxable fuel and the enterer is not a taxable fuel registrant. Tax 2012   However, an importer of record meeting both of the following conditions at the time of the entry will not be liable for the tax. Tax 2012 The importer of record has an unexpired notification certificate (discussed later) from the enterer. Tax 2012 The importer of record has no reason to believe any information in the certificate is false. Tax 2012 Customs bond. Tax 2012   The customs bond will not be charged for the tax imposed on the entry of the gasoline if at the time of entry the surety has an unexpired notification certificate from the enterer and has no reason to believe any information in the certificate is false. Tax 2012 Removal from a terminal by unregistered position holder or unregistered pipeline or vessel operator. Tax 2012   The removal by bulk transfer of gasoline from a terminal is taxable if the position holder for the gasoline or the operator of the pipeline or vessel is not a registrant. Tax 2012 The position holder is liable for the tax. Tax 2012 The terminal operator is jointly and severally liable for the tax if the position holder is a person other than the terminal operator. Tax 2012 However, see Terminal operator's liability under Removal from terminal, earlier, for an exception. Tax 2012 Bulk transfers not received at approved terminal or refinery. Tax 2012   The removal by bulk transfer of gasoline from a terminal or refinery, or the entry of gasoline by bulk transfer into the United States, is taxable if the following conditions apply. Tax 2012 No tax was previously imposed (as discussed earlier) on any of the following events. Tax 2012 The removal from the refinery. Tax 2012 The entry into the United States. Tax 2012 The removal from a terminal by an unregistered position holder. Tax 2012 Upon removal from the pipeline or vessel, the gasoline is not received at an approved terminal or refinery (or at another pipeline or vessel). Tax 2012   The owner of the gasoline when it is removed from the pipeline or vessel is liable for the tax. Tax 2012 However, an owner meeting all the following conditions at the time of the removal will not be liable for the tax. Tax 2012 The owner is a registrant. Tax 2012 The owner has an unexpired notification certificate (discussed later) from the operator of the terminal or refinery where the gasoline is received. Tax 2012 The owner has no reason to believe any information on the certificate is false. Tax 2012 The operator of the facility where the gasoline is received is liable for the tax if the owner meets these conditions. Tax 2012 The operator is jointly and severally liable if the owner does not meet these conditions. Tax 2012 Sales to unregistered person. Tax 2012   The sale of gasoline located within the bulk transfer/terminal system to a person that is not a registrant is taxable if tax was not previously imposed under any of the events discussed earlier. Tax 2012   The seller is liable for the tax. Tax 2012 However, a seller meeting all the following conditions at the time of the sale will not be liable for the tax. Tax 2012   The seller is a registrant. Tax 2012 The seller has an unexpired notification certificate (discussed later) from the buyer. Tax 2012 The seller has no reason to believe any information on the certificate is false. Tax 2012 The buyer of the gasoline is liable for the tax if the seller meets these conditions. Tax 2012 The buyer is jointly and severally liable if the seller does not meet these conditions. Tax 2012 Exception. Tax 2012   The tax does not apply to a sale if all of the following apply. Tax 2012 The buyer's principal place of business is not in the United States. Tax 2012 The sale occurs as the fuel is delivered into a transport vessel with a capacity of at least 20,000 barrels of fuel. Tax 2012 The seller is a registrant and the exporter of record. Tax 2012 The fuel was exported. Tax 2012 Removal or sale of blended gasoline. Tax 2012   The removal or sale of blended gasoline by the blender is taxable. Tax 2012 See Blended taxable fuel under Definitions, earlier. Tax 2012   The blender is liable for the tax. Tax 2012 The tax is figured on the number of gallons not previously subject to the tax on gasoline. Tax 2012   Persons who blend alcohol with gasoline to produce an alcohol fuel mixture outside the bulk transfer/terminal system must pay the gasoline tax on the volume of alcohol in the mixture. Tax 2012 See Form 720 to report this tax. Tax 2012 You also must be registered with the IRS as a blender. Tax 2012 See Form 637. Tax 2012   However, if an untaxed liquid is sold as taxed taxable fuel and that untaxed liquid is used to produce blended taxable fuel, the person that sold the untaxed liquid is jointly and severally liable for the tax imposed on the blender's sale or removal of the blended taxable fuel. Tax 2012 Notification certificate. Tax 2012   The notification certificate is used to notify a person of the registration status of the registrant. Tax 2012 A copy of the registrant's letter of registration cannot be used as a notification certificate. Tax 2012 A model notification certificate is shown in the Appendix as Model Certificate C. Tax 2012 A notification certificate must contain all information necessary to complete the model. Tax 2012   The certificate may be included as part of any business records normally used for a sale. Tax 2012 A certificate expires on the earlier of the date the registrant provides a new certificate, or the date the recipient of the certificate is notified that the registrant's registration has been revoked or suspended. Tax 2012 The registrant must provide a new certificate if any information on a certificate has changed. Tax 2012 Additional persons liable. Tax 2012   When the person liable for the tax willfully fails to pay the tax, joint and several liability for the tax is imposed on: Any officer, employee, or agent of the person who is under a duty to ensure the payment of the tax and who willfully fails to perform that duty, or Anyone who willfully causes the person to fail to pay the tax. Tax 2012 Gasoline Blendstocks Gasoline blendstocks may be subject to $. Tax 2012 001 per gallon LUST tax as discussed below. Tax 2012 Gasoline includes gasoline blendstocks. Tax 2012 The previous discussions apply to these blendstocks. Tax 2012 However, if certain conditions are met, the removal, entry, or sale of gasoline blendstocks are taxed at $. Tax 2012 001 per gallon or are not subject to the excise tax. Tax 2012 Blendstocks. Tax 2012   Gasoline blendstocks are: Alkylate, Butane, Butene, Catalytically cracked gasoline, Coker gasoline, Ethyl tertiary butyl ether (ETBE), Hexane, Hydrocrackate, Isomerate, Methyl tertiary butyl ether (MTBE), Mixed xylene (not including any separated isomer of xylene), Natural gasoline, Pentane, Pentane mixture, Polymer gasoline, Raffinate, Reformate, Straight-run gasoline, Straight-run naphtha, Tertiary amyl methyl ether (TAME), Tertiary butyl alcohol (gasoline grade) (TBA), Thermally cracked gasoline, and Toluene. Tax 2012   However, gasoline blendstocks do not include any product that cannot be used without further processing in the production of finished gasoline. Tax 2012 Not used to produce finished gasoline. Tax 2012   Gasoline blendstocks not used to produce finished gasoline are not taxable (other than LUST) if the following conditions are met. Tax 2012 Removals and entries not connected to sale. Tax 2012   Nonbulk removals and entries are not taxable if the person otherwise liable for the tax (position holder, refiner, or enterer) is a registrant. Tax 2012 Removals and entries connected to sale. Tax 2012   Nonbulk removals and entries are not taxable if the person otherwise liable for the tax (position holder, refiner, or enterer) is a registrant, and at the time of the sale, meets the following requirements. Tax 2012 The person has an unexpired certificate (discussed later) from the buyer. Tax 2012 The person has no reason to believe any information in the certificate is false. Tax 2012 Sales after removal or entry. Tax 2012   The sale of a gasoline blendstock that was not subject to tax on its nonbulk removal or entry, as discussed earlier, is taxable. Tax 2012 The seller is liable for the tax. Tax 2012 However, the sale is not taxable if, at the time of the sale, the seller meets the following requirements. Tax 2012 The seller has an unexpired certificate (discussed next) from the buyer. Tax 2012 The seller has no reason to believe any information in the certificate is false. Tax 2012 Certificate of buyer. Tax 2012   The certificate from the buyer certifies the gasoline blendstocks will not be used to produce finished gasoline. Tax 2012 The certificate may be included as part of any business records normally used for a sale. Tax 2012 A model certificate is shown in the Appendix as Model Certificate D. Tax 2012 The certificate must contain all information necessary to complete the model. Tax 2012   A certificate expires on the earliest of the following dates. Tax 2012 The date 1 year after the effective date (not earlier than the date signed) of the certificate. Tax 2012 The date a new certificate is provided to the seller. Tax 2012 The date the seller is notified that the buyer's right to provide a certificate has been withdrawn. Tax 2012 The buyer must provide a new certificate if any information on a certificate has changed. Tax 2012   The IRS may withdraw the buyer's right to provide a certificate if that buyer uses the gasoline blendstocks in the production of finished gasoline or resells the blendstocks without getting a certificate from its buyer. Tax 2012 Received at approved terminal or refinery. Tax 2012   The nonbulk removal or entry of gasoline blendstocks received at an approved terminal or refinery is not taxable if the person otherwise liable for the tax (position holder, refiner, or enterer) meets all the following requirements. Tax 2012 The person is a registrant. Tax 2012 The person has an unexpired notification certificate (discussed earlier) from the operator of the terminal or refinery where the gasoline blendstocks are received. Tax 2012 The person has no reason to believe any information on the certificate is false. Tax 2012 Bulk transfers to registered industrial user. Tax 2012   The removal of gasoline blendstocks from a pipeline or vessel is not taxable (other than LUST) if the blendstocks are received by a registrant that is an industrial user. Tax 2012 An industrial user is any person that receives gasoline blendstocks by bulk transfer for its own use in the manufacture of any product other than finished gasoline. Tax 2012 Credits or Refunds. Tax 2012   A credit or refund of the gasoline tax may be allowable if gasoline is used for a nontaxable purpose or exempt use. Tax 2012 For more information, see chapter 2. Tax 2012 Diesel Fuel and Kerosene Generally, diesel fuel and kerosene are taxed in the same manner as gasoline (discussed earlier). Tax 2012 However, special rules (discussed later) apply to dyed diesel fuel and dyed kerosene, and to undyed diesel fuel and undyed kerosene sold or used in Alaska for certain nontaxable uses and undyed kerosene used for a feedstock purpose. Tax 2012 Diesel fuel means: Any liquid that without further processing or blending is suitable for use as a fuel in a diesel-powered highway vehicle or train, and Transmix. Tax 2012 A liquid is suitable for this use if the liquid has practical and commercial fitness for use in the propulsion engine of a diesel-powered highway vehicle or diesel-powered train. Tax 2012 A liquid may possess this practical and commercial fitness even though the specified use is not the predominant use of the liquid. Tax 2012 However, a liquid does not possess this practical and commercial fitness solely by reason of its possible or rare use as a fuel in the propulsion engine of a diesel-powered highway vehicle or diesel-powered train. Tax 2012 Diesel fuel does not include gasoline, kerosene, excluded liquid, No. Tax 2012 5 and No. Tax 2012 6 fuel oils covered by ASTM specification D396, or F-76 (Fuel Naval Distillate) covered by military specification MIL-F-16884. Tax 2012 An excluded liquid is either of the following. Tax 2012 A liquid that contains less than 4% normal paraffins. Tax 2012 A liquid with all the following properties. Tax 2012 Distillation range of 125 degrees Fahrenheit or less. Tax 2012 Sulfur content of 10 ppm or less. Tax 2012 Minimum color of +27 Saybolt. Tax 2012 Transmix means a by-product of refined products created by the mixing of different specification products during pipeline transportation. Tax 2012 Kerosene. Tax 2012   This means any of the following liquids. Tax 2012 One of the two grades of kerosene (No. Tax 2012 1-K and No. Tax 2012 2-K) covered by ASTM specification D3699. Tax 2012 Kerosene-type jet fuel covered by ASTM specification D1655 or military specification MIL-DTL-5624T (Grade JP-5) or MIL-DTL-83133E (Grade JP-8). Tax 2012 See Kerosene for Use in Aviation, later. Tax 2012   However, kerosene does not include excluded liquid, discussed earlier. Tax 2012   Kerosene also includes any liquid that would be described above but for the presence of a dye of the type used to dye kerosene for a nontaxable use. Tax 2012 Diesel-powered highway vehicle. Tax 2012   This is any self-propelled vehicle designed to carry a load over public highways (whether or not also designed to perform other functions) and propelled by a diesel-powered engine. Tax 2012 Specially designed mobile machinery for nontransportation functions and vehicles specially designed for off-highway transportation are generally not considered diesel-powered highway vehicles. Tax 2012 For more information about these vehicles and for information about vehicles not considered highway vehicles, see Off-Highway Business Use (No. Tax 2012 2) in chapter 2. Tax 2012 Diesel-powered train. Tax 2012   This is any diesel-powered equipment or machinery that rides on rails. Tax 2012 The term includes a locomotive, work train, switching engine, and track maintenance machine. Tax 2012 Taxable Events The tax on diesel fuel and kerosene is $. Tax 2012 244 per gallon. Tax 2012 It is imposed on the removal, entry, or sale of diesel fuel and kerosene. Tax 2012 Each of these events is discussed later. Tax 2012 Only the $. Tax 2012 001 LUST tax applies to dyed diesel fuel and dyed kerosene, discussed later. Tax 2012 If the tax is paid on the diesel fuel or kerosene in more than one event, a refund may be allowed for the “second” tax paid. Tax 2012 See Refunds of Second Tax in chapter 2. Tax 2012 Use in certain intercity and local buses. Tax 2012   Dyed diesel fuel and dyed kerosene cannot be used in certain intercity and local buses. Tax 2012 A claim for $. Tax 2012 17 per gallon may be made by the registered ultimate vendor (under certain conditions) or the ultimate purchaser for undyed diesel fuel or undyed kerosene sold for use in certain intercity or local buses. Tax 2012 An intercity or local bus is a bus engaged in furnishing (for compensation) passenger land transportation available to the general public. Tax 2012 The bus must be engaged in one of the following activities. Tax 2012 Scheduled transportation along regular routes regardless of the size of the bus. Tax 2012 Nonscheduled transportation if the seating capacity of the bus is at least 20 adults (not including the driver). Tax 2012 A bus is available to the general public if the bus is available for hire to more than a limited number of persons, groups, or organizations. Tax 2012 Removal from terminal. Tax 2012   All removals of diesel fuel and kerosene at a terminal rack are taxable. Tax 2012 The position holder for that fuel is liable for the tax. Tax 2012 Two-party exchanges. Tax 2012   In a two-party exchange, the receiving person, not the delivering person, is liable for the tax imposed on the removal of taxable fuel from the terminal at the terminal rack. Tax 2012 A two-party exchange means a transaction (other than a sale) where the delivering person and receiving person are both taxable fuel registrants and all of the following apply. Tax 2012 The transaction includes a transfer from the delivering person, who holds the inventory position for the taxable fuel in the terminal as reflected in the records of the terminal operator. Tax 2012 The exchange transaction occurs before or at the same time as completion of removal across the rack by the receiving person. Tax 2012 The terminal operator in its records treats the receiving person as the person that removes the product across the terminal rack for purposes of reporting the transaction on Form 720-TO. Tax 2012 The transaction is subject to a written contract. Tax 2012 Terminal operator's liability. Tax 2012   The terminal operator is jointly and severally liable for the tax if the terminal operator provides any person with any bill of lading, shipping paper, or similar document indicating that diesel fuel or kerosene is dyed (discussed later). Tax 2012   The terminal operator is jointly and severally liable for the tax if the position holder is a person other than the terminal operator and is not a registrant. Tax 2012 However, a terminal operator will not be liable for the tax in this situation if, at the time of the removal, the following conditions are met. Tax 2012 The terminal operator is a registrant. Tax 2012 The terminal operator has an unexpired notification certificate (discussed under Gasoline) from the position holder. Tax 2012 The terminal operator has no reason to believe any information on the certificate is false. Tax 2012 Removal from refinery. Tax 2012   The removal of diesel fuel or kerosene from a refinery is taxable if the removal meets either of the following conditions. Tax 2012 It is made by bulk transfer and the refiner, the owner of the fuel immediately before the removal, or the operator of the pipeline or vessel is not a registrant. Tax 2012 It is made at the refinery rack. Tax 2012 The refiner is liable for the tax. Tax 2012 Exception. Tax 2012   The tax does not apply to a removal of diesel fuel or kerosene at the refinery rack if all the following conditions are met. Tax 2012 The diesel fuel or kerosene is removed from an approved refinery not served by pipeline (other than for receiving crude oil) or vessel. Tax 2012 The diesel fuel or kerosene is received at a facility operated by a registrant and located within the bulk transfer/terminal system. Tax 2012 The removal from the refinery is by: Railcar and the same person operates the refinery and the facility at which the diesel fuel or kerosene is received, or For diesel fuel only, a trailer or semi-trailer used exclusively to transport the diesel fuel from a refinery (described in (1)) to a facility (described in (2)) less than 20 miles from the refinery. Tax 2012 Entry into the United States. Tax 2012   The entry of diesel fuel or kerosene into the United States is taxable if the entry meets either of the following conditions. Tax 2012 It is made by bulk transfer and the enterer or the operator of the pipeline or vessel is not a registrant. Tax 2012 It is not made by bulk transfer. Tax 2012 The enterer is liable for the tax. Tax 2012 Importer of record's liability. Tax 2012   The importer of record is jointly and severally liable for the tax with the enterer if the importer of record is not the enterer of the taxable fuel and the enterer is not a taxable fuel registrant. Tax 2012   However, an importer of record meeting both of the following conditions at the time of the entry will not be liable for the tax. Tax 2012 The importer of record has an unexpired notification certificate (discussed under Gasoline) from the enterer. Tax 2012 The importer of record has no reason to believe any information in the certificate is false. Tax 2012 Customs bond. Tax 2012   The customs bond will not be charged for the tax imposed on the entry of the diesel fuel or kerosene if at the time of entry the surety has an unexpired notification certificate from the enterer and has no reason to believe any information in the certificate is false. Tax 2012 Removal from a terminal by unregistered position holder or unregistered pipeline or vessel operator. Tax 2012   The removal by bulk transfer of diesel fuel or kerosene from a terminal is taxable if the position holder for that fuel or the operator of the pipeline or vessel is not a registrant. Tax 2012 The position holder is liable for the tax. Tax 2012 The terminal operator is jointly and severally liable for the tax if the position holder is a person other than the terminal operator. Tax 2012 However, see Terminal operator's liability under Removal from terminal, earlier, for an exception. Tax 2012 Bulk transfers not received at approved terminal or refinery. Tax 2012   The removal by bulk transfer of diesel fuel or kerosene from a terminal or refinery or the entry of diesel fuel or kerosene by bulk transfer into the United States is taxable if the following conditions apply. Tax 2012 No tax was previously imposed (as discussed earlier) on any of the following events. Tax 2012 The removal from the refinery. Tax 2012 The entry into the United States. Tax 2012 The removal from a terminal by an unregistered position holder. Tax 2012 Upon removal from the pipeline or vessel, the diesel fuel or kerosene is not received at an approved terminal or refinery (or at another pipeline or vessel). Tax 2012   The owner of the diesel fuel or kerosene when it is removed from the pipeline or vessel is liable for the tax. Tax 2012 However, an owner meeting all the following conditions at the time of the removal will not be liable for the tax. Tax 2012 The owner is a registrant. Tax 2012 The owner has an unexpired notification certificate (discussed under Gasoline) from the operator of the terminal or refinery where the diesel fuel or kerosene is received. Tax 2012 The owner has no reason to believe any information on the certificate is false. Tax 2012 The operator of the facility where the diesel fuel or kerosene is received is liable for the tax if the owner meets these conditions. Tax 2012 The operator is jointly and severally liable if the owner does not meet these conditions. Tax 2012 Sales to unregistered person. Tax 2012   The sale of diesel fuel or kerosene located within the bulk transfer/terminal system to a person that is not a registrant is taxable if tax was not previously imposed under any of the events discussed earlier. Tax 2012   The seller is liable for the tax. Tax 2012 However, a seller meeting all the following conditions at the time of the sale will not be liable for the tax. Tax 2012 The seller is a registrant. Tax 2012 The seller has an unexpired notification certificate (discussed under Gasoline) from the buyer. Tax 2012 The seller has no reason to believe any information on the certificate is false. Tax 2012 The buyer of the diesel fuel or kerosene is liable for the tax if the seller meets these conditions. Tax 2012 The buyer is jointly and severally liable if the seller does not meet these conditions. Tax 2012 Exception. Tax 2012   The tax does not apply to a sale if all of the following apply. Tax 2012 The buyer's principal place of business is not in the United States. Tax 2012 The sale occurs as the fuel is delivered into a transport vessel with a capacity of at least 20,000 barrels of fuel. Tax 2012 The seller is a registrant and the exporter of record. Tax 2012 The fuel was exported. Tax 2012 Removal or sale of blended diesel fuel or kerosene. Tax 2012   The removal or sale of blended diesel fuel or blended kerosene by the blender is taxable. Tax 2012 Blended taxable fuel produced using biodiesel is subject to the tax. Tax 2012 See Blended taxable fuel under Definitions, earlier. Tax 2012   The blender is liable for the tax. Tax 2012 The tax is figured on the number of gallons not previously subject to the tax. Tax 2012   Persons who blend biodiesel with undyed diesel fuel to produce and sell or use a biodiesel mixture outside the bulk transfer/terminal system must pay the diesel fuel tax on the volume of biodiesel in the mixture. Tax 2012 Generally, the biodiesel mixture must be diesel fuel (defined earlier). Tax 2012 See Form 720 to report this tax. Tax 2012 You also must be registered by the IRS as a blender. Tax 2012 See Form 637 for more information. Tax 2012   However, if an untaxed liquid is sold as taxable fuel and that untaxed liquid is used to produce blended taxable fuel, the person that sold the untaxed liquid is jointly and severally liable for the tax imposed on the blender's sale or removal of the blended taxable fuel. Tax 2012 Additional persons liable. Tax 2012   When the person liable for the tax willfully fails to pay the tax, joint and several liability for the tax applies to: Any officer, employee, or agent of the person who is under a duty to ensure the payment of the tax and who willfully fails to perform that duty; or Anyone who willfully causes the person to fail to pay the tax. Tax 2012 Credits or Refunds. Tax 2012   A credit or refund is allowable for the tax on undyed diesel fuel or undyed kerosene used for a nontaxable use. Tax 2012 For more information, see chapter 2. Tax 2012 Dyed Diesel Fuel and Dyed Kerosene Dyed diesel fuel and dyed kerosene are subject to $. Tax 2012 001 per gallon LUST tax as discussed below, unless the fuel is for export. Tax 2012 The excise tax is not imposed on the removal, entry, or sale of diesel fuel or kerosene (other than the LUST tax) if all the following tests are met. Tax 2012 The person otherwise liable for tax (for example, the position holder) is a registrant. Tax 2012 In the case of a removal from a terminal, the terminal is an approved terminal. Tax 2012 The diesel fuel or kerosene satisfies the dyeing requirements (described next). Tax 2012 Dyeing requirements. Tax 2012   Diesel fuel or kerosene satisfies the dyeing requirements only if it satisfies the following requirements. Tax 2012 It contains the dye Solvent Red 164 (and no other dye) at a concentration spectrally equivalent to at least 3. Tax 2012 9 pounds of the solid dye standard Solvent Red 26 per thousand barrels of fuel or any dye of a type and in a concentration that has been approved by the Commissioner. Tax 2012 Is indelibly dyed by mechanical injection. Tax 2012 See section 6 of Notice 2005-80 for transition rules that apply until final regulations are issued by the IRS. Tax 2012 Notice required. Tax 2012   A legible and conspicuous notice stating either: DYED DIESEL FUEL, NONTAXABLE USE ONLY, PENALTY FOR TAXABLE USE or DYED KEROSENE, NONTAXABLE USE ONLY, PENALTY FOR TAXABLE USE must be: Provided by the terminal operator to any person that receives dyed diesel fuel or dyed kerosene at a terminal rack of that operator, and Posted by a seller on any retail pump or other delivery facility where it sells dyed diesel fuel or dyed kerosene for use by its buyer. Tax 2012   The notice under item (1) must be provided by the time of the removal and must appear on all shipping papers, bills of lading, and similar documents accompanying the removal of the fuel. Tax 2012   Any seller that fails to post the required notice under item (2) is presumed to know that the fuel will be used for a taxable use (a use other than a nontaxable use listed later). Tax 2012 That seller is subject to the penalty described next. Tax 2012 Penalty. Tax 2012   A penalty is imposed on a person if any of the following situations apply. Tax 2012 Any dyed fuel is sold or held for sale by the person for a use the person knows or has reason to know is not a nontaxable use of the fuel. Tax 2012 Any dyed fuel is held for use or used by the person for a use other than a nontaxable use and the person knew, or had reason to know, that the fuel was dyed. Tax 2012 The person willfully alters, chemically or otherwise, or attempts to so alter, the strength or composition of any dye in dyed fuel. Tax 2012 The person has knowledge that a dyed fuel that has been altered, as described in (3) above, sells or holds for sale such fuel for any use for which the person knows or has reason to know is not a nontaxable use of the fuel. Tax 2012   The penalty is the greater of $1,000 or $10 per gallon of the dyed diesel fuel or dyed kerosene involved. Tax 2012 After the first violation, the $1,000 portion of the penalty increases depending on the number of violations. Tax 2012   This penalty is in addition to any tax imposed on the fuel. Tax 2012   If the penalty is imposed, each officer, employee, or agent of a business entity who willfully participated in any act giving rise to the penalty is jointly and severally liable with that entity for the penalty. Tax 2012   There is no administrative appeal or review allowed for the third and subsequent penalty imposed by section 6715 on any person except for: Fraud or a mistake in the chemical analysis, or Mathematical calculation of the penalty. Tax 2012   If you are liable for the penalty, you may also be liable for the back-up tax, discussed later. Tax 2012 However, the penalty applies only to dyed diesel fuel and dyed kerosene, while the back-up tax may apply to other fuels. Tax 2012 The penalty may apply if the fuel is held for sale or use for a taxable use while the back-up tax does not apply unless the fuel is delivered into a fuel supply tank. Tax 2012 Exception to penalty. Tax 2012   The penalty under item (3) will not apply in any of the following situations. Tax 2012 Diesel fuel or kerosene meeting the dyeing requirements (described earlier) is blended with any undyed liquid and the resulting product meets the dyeing requirements. Tax 2012 Diesel fuel or kerosene meeting the dyeing requirements (described earlier) is blended with any other liquid (other than diesel fuel or kerosene) that contains the type and amount of dye required to meet the dyeing requirements. Tax 2012 The alteration or attempted alteration occurs in an exempt area of Alaska. Tax 2012 See Removal for sale or use in Alaska, later. Tax 2012 Diesel fuel or kerosene meeting the dyeing requirements (described earlier) is blended with diesel fuel or kerosene not meeting the dyeing requirements and the blending occurs as part of a nontaxable use (other than export), discussed later. Tax 2012 Alaska and Feedstocks Tax of $. Tax 2012 001 per gallon is imposed on: Undyed diesel fuel or undyed kerosene sold or used in Alaska for certain nontaxable uses (see Later sales on page 10). Tax 2012 Undyed kerosene used for feedstock purposes. Tax 2012 Removal for sale or use in Alaska. Tax 2012   No tax is imposed on the removal, entry, or sale of diesel fuel or kerosene in Alaska for ultimate sale or use in certain areas of Alaska for certain nontaxable uses. Tax 2012 The removal or entry of any diesel fuel or kerosene is not taxed if all the following requirements are satisfied. Tax 2012 The person otherwise liable for the tax (position holder, refiner, or enterer): Is a registrant, Can show satisfactory evidence of the nontaxable nature of the transaction, and Has no reason to believe the evidence is false. Tax 2012 In the case of a removal from a terminal, the terminal is an approved terminal. Tax 2012 The owner of the fuel immediately after the removal or entry holds the fuel for its own use in a nontaxable use (discussed later) or is a qualified dealer. Tax 2012   If all three of the requirements above are not met, then tax is imposed at $. Tax 2012 244 per gallon. Tax 2012   A qualified dealer is any person that holds a qualified dealer license from the state of Alaska or has been registered by the IRS as a qualified retailer. Tax 2012 Satisfactory evidence may include copies of qualified dealer licenses or exemption certificates obtained for state tax purposes. Tax 2012 Later sales. Tax 2012   The excise tax applies to diesel fuel or kerosene sold by a qualified dealer after the removal or entry. Tax 2012 The tax is imposed at the time of the sale and the qualified dealer is liable for the tax. Tax 2012 However, the sale is not taxable (other than the LUST tax at $. Tax 2012 001 per gallon) if all the following requirements are met. Tax 2012 The fuel is sold in Alaska for certain nontaxable uses. Tax 2012 The buyer buys the fuel for its own use in a nontaxable use or is a qualified dealer. Tax 2012 The seller can show satisfactory evidence of the nontaxable nature of the transaction and has no reason to believe the evidence is false. Tax 2012 Feedstock purposes. Tax 2012   The $. Tax 2012 001 per gallon LUST tax is imposed on the removal or entry of undyed kerosene if all the following conditions are met. Tax 2012 The person otherwise liable for tax (position holder, refiner, or enterer) is a registrant. Tax 2012 In the case of a removal from a terminal, the terminal is an approved terminal. Tax 2012 Either: The person otherwise liable for tax uses the kerosene for a feedstock purpose, or The kerosene is sold for use by the buyer for a feedstock purpose and, at the time of the sale, the person otherwise liable for tax has an unexpired certificate (described later) from the buyer and has no reason to believe any information on the certificate is false. Tax 2012   If all of the requirements above are not met, then tax is imposed at $. Tax 2012 244 per gallon. Tax 2012   Kerosene is used for a feedstock purpose when it is used for nonfuel purposes in the manufacture or production of any substance other than gasoline, diesel fuel, or Other Fuels. Tax 2012 For example, kerosene is used for a feedstock purpose when it is used as an ingredient in the production of paint, but is not used for a feedstock purpose when it is used to power machinery at a factory where paint is produced. Tax 2012 A feedstock user is a person that uses kerosene for a feedstock purpose. Tax 2012 A registered feedstock user is a person that has been registered by the IRS as a feedstock user. Tax 2012 See Registration Requirements, earlier. Tax 2012 Later sales. Tax 2012   The excise tax ($. Tax 2012 244 per gallon) applies to kerosene sold for use by the buyer for a feedstock purpose (item (3)(b) above) if the buyer in that sale later sells the kerosene. Tax 2012 The tax is imposed at the time of the later sale and that seller is liable for the tax. Tax 2012 Certificate. Tax 2012   The certificate from the buyer certifies the buyer is a registered feedstock user and the kerosene will be used by the buyer for a feedstock purpose. Tax 2012 The certificate may be included as part of any business records normally used for a sale. Tax 2012 A model certificate is shown in the Appendix as Model Certificate G. Tax 2012 Your certificate must contain all information necessary to complete the model. Tax 2012   A certificate expires on the earliest of the following dates. Tax 2012 The date 1 year after the effective date (not earlier than the date signed) of the certificate. Tax 2012 The date the seller is provided a new certificate or notice that the current certificate is invalid. Tax 2012 The date the seller is notified the buyer's registration has been revoked or suspended. Tax 2012   The buyer must provide a new certificate if any information on a certificate has changed. Tax 2012 Back-up Tax Tax is imposed on the delivery of any of the following into the fuel supply tank of a diesel-powered highway vehicle. Tax 2012 Any dyed diesel fuel or dyed kerosene for other than a nontaxable use. Tax 2012 Any undyed diesel fuel or undyed kerosene on which a credit or refund (for fuel used for a nontaxable purpose) has been allowed. Tax 2012 Any liquid other than gasoline, diesel fuel, or kerosene. Tax 2012 Generally, this back-up tax is imposed at a rate of $. Tax 2012 244 per gallon. Tax 2012 Liability for tax. Tax 2012   Generally, the operator of the vehicle into which the fuel is delivered is liable for the tax. Tax 2012 In addition, the seller of the diesel fuel or kerosene is jointly and severally liable for the tax if the seller knows or has reason to know that the fuel will be used for other than a nontaxable use. Tax 2012 Exemptions from the back-up tax. Tax 2012   The back-up tax does not apply to a delivery of diesel fuel or kerosene for uses 1, 2, 6, 7, 12, 13, 14, and 15 listed under Definitions of Nontaxable Uses in chapter 2. Tax 2012   In addition, since the back-up tax is imposed only on the delivery into the fuel supply tank of a diesel-powered vehicle or train, the tax does not apply to diesel fuel or kerosene used as heating oil or in stationary engines. Tax 2012 Diesel-Water Fuel Emulsion Diesel-water fuel emulsion means diesel fuel at least 14% of which is water and for which the emulsion additive is registered by a United States manufacturer with the EPA under section 211 of the Clean Air Act as in effect on March 31, 2003. Tax 2012 A reduced tax rate of $. Tax 2012 198 per gallon is imposed on a diesel-water fuel emulsion. Tax 2012 To be eligible for the reduced rate, the person who sells, removes, or uses the diesel-water fuel emulsion must be registered by the IRS. Tax 2012 If the diesel-water fuel emulsion does not meet the requirements above, or if the person who sells, removes, or uses the fuel is not registered, the diesel-water fuel emulsion is taxed at $. Tax 2012 244 per gallon. Tax 2012 Credits or refunds. Tax 2012   The allowance for a credit or refund on a diesel-water fuel emulsion is discussed in chapter 2. Tax 2012 Kerosene for Use in Aviation Taxable Events Generally, kerosene is taxed at $. Tax 2012 244 per gallon unless a reduced rate applies (see Diesel Fuel and Kerosene, earlier). Tax 2012 For kerosene removed directly from a terminal into the fuel tank of an aircraft for use in noncommercial aviation, the tax rate is $. Tax 2012 219. Tax 2012 The rate of $. Tax 2012 219 also applies if kerosene is removed into any aircraft from a qualified refueler truck, tanker, or tank wagon that is loaded with the kerosene from a terminal that is located within an airport. Tax 2012 The airport terminal does not need to be a secured airport terminal for this rate to apply. Tax 2012 However, the refueler truck, tanker, or tank wagon must meet the requirements discussed under Certain refueler trucks, tankers, and tank wagons, treated as terminals, later. Tax 2012 For kerosene removed directly into the fuel tank of an aircraft for use in commercial aviation, the rate of tax is $. Tax 2012 044 per gallon. Tax 2012 For kerosene removed into an aircraft from a qualified refueler truck, tanker, or tank wagon, the $. Tax 2012 044 rate applies only if the truck, tanker, or tank wagon is loaded at a terminal that is located in a secured area of the airport. Tax 2012 See Terminal located within a secured area of an airport, later. Tax 2012 In addition, the operator must provide the position holder with a certificate similar to Model Certificate K in the Appendix. Tax 2012 For kerosene removed directly into the fuel tank of an aircraft for a use exempt from tax under section 4041(c) (such as use in an aircraft for the exclusive use of a state or local government), the rate of tax is $. Tax 2012 001. Tax 2012 There is no tax on kerosene removed directly into the fuel tank of an aircraft for use in foreign trade. Tax 2012 The kerosene must be removed from a qualifying refueler truck, tanker, or tank wagon loaded at a terminal located within a secured area of an airport. Tax 2012 See Terminal located within a secured area of an airport, later. Tax 2012 In addition, the operator must provide the position holder with a certificate similar to Model Certificate K in the Appendix. Tax 2012 The position holder is liable for the $. Tax 2012 001 per gallon tax. Tax 2012 For kerosene removed directly from a terminal into the fuel tank of an fractional ownership program aircraft after March 31, 2012, a surtax of $. Tax 2012 141 per gallon applies. Tax 2012 Certain refueler trucks, tankers, and tank wagons treated as terminals. Tax 2012   For purposes of the tax imposed on kerosene for use in aviation removed directly into the fuel tank of an aircraft for use in commercial aviation, certain refueler trucks, tankers, and tank wagons are treated as part of a terminal if the following conditions are met. Tax 2012 Such terminal is located within an area of an airport. Tax 2012 Any kerosene for use in aviation that is loaded in a refueler truck, tanker, or tank wagon at a terminal is for delivery into aircraft at the airport in which the terminal is located. Tax 2012 Except in exigent circumstances, such as those identified in Notice 2005-80, no vehicle registered for highway use is loaded with kerosene for use in aviation at the terminal. Tax 2012 The refueler truck, tanker, or tank wagon meets the following requirements: Has storage tanks, hose, and coupling equipment designed and used for fueling aircraft, Is not registered for highway use, and Is operated by the terminal operator or a person that makes a daily accounting to the terminal operator of each delivery of fuel from the refueler truck, tanker, or tank wagon. Tax 2012 Information reporting will be required by terminal operators regarding this provision. Tax 2012 Until the format of this information reporting is issued, taxpayers are required to retain records regarding the daily accounting, but are not required to report such information. Tax 2012 Terminal located within a secured area of an airport. Tax 2012   See Notice 2005-4 and Notice 2005-80 for the list of terminals located within a secured area of an airport. Tax 2012 This list refers to fueling operations at airport terminals as it applies to the federal excise tax on kerosene for use in aviation, and has nothing to do with the general security of airports either included or not included in the list. Tax 2012 Liability For Tax If the kerosene is removed directly into the fuel tank of an aircraft for use in commercial aviation, the operator of the aircraft in commercial aviation is liable for the tax on the removal at the rate of $. Tax 2012 044 per gallon. Tax 2012 However, the position holder is liable for the LUST tax for kerosene for use in aviation removed directly into the fuel tank of an aircraft for use exempt from tax under section 4041(c) (except foreign trade). Tax 2012 For example, for kerosene removed directly into the aircraft for use in military aircraft, the position holder is liable for the tax. Tax 2012 For the aircraft operator to be liable for the tax $. Tax 2012 044 rate, the position holder must meet the following requirements: Is a taxable fuel registrant, Has an unexpired certificate (a model certificate is shown in the Appendix as Model Certificate K) from the operator of the aircraft, and Has no reason to believe any of the information in the certificate is false. Tax 2012 Commercial aviation. Tax 2012   Commercial aviation is any use of an aircraft in the business of transporting persons or property by air for pay. Tax 2012 However, commercial aviation does not include any of the following uses. Tax 2012 Any use exclusively for the purpose of skydiving. Tax 2012 Certain air transportation by seaplane. Tax 2012 See Seaplanes under Transportation of Persons by Air in chapter 4. Tax 2012 Any use of an aircraft owned or leased by a member of an affiliated group and unavailable for hire by nonmembers. Tax 2012 For more information, see Aircraft used by affiliated corporations under Special Rules on Transportation Taxes in chapter 4. Tax 2012 Any use of an aircraft that has a maximum certificated takeoff weight of 6,000 pounds or less, unless the aircraft is operated on an established line. Tax 2012 For more information, see Small aircraft under Special Rules on Transportation Taxes in chapter 4. Tax 2012 Any use where the surtax on fuel used in a fractional ownership program aircraft is imposed. Tax 2012 See Surtax on any liquid used in a fractional ownership program aircraft as fuel below. Tax 2012 Surtax on any liquid used in a fractional ownership program aircraft as fuel Fuel used in a fractional ownership program aircraft (as defined below) after March 31, 2012, is subject to a surtax of $. Tax 2012 141 per gallon. Tax 2012 The fractional ownership program manager is liable for the tax. Tax 2012 The surtax applies in addition to any other taxes imposed on the removal, entry, use, or sale of the fuel. Tax 2012 If the surtax is imposed, the following air transportation taxes do not apply. Tax 2012 Transportation of persons by air. Tax 2012 Transportation of property by air. Tax 2012 Use of international air travel facilities. Tax 2012 These taxes are described under Air Transportation Taxes, later. Tax 2012 A fractional ownership program aircraft flight is considered noncommercial aviation, for the rules for kerosene used in noncommercial aviation, see Kerosene for Use in Aviation above. Tax 2012 Fractional ownership aircraft program    is a program under which:  A single fractional ownership program manager provides fractional ownership program management services on behalf of the fractional owners; There are one or more fractional owners per fractional program aircraft, with at least one fractional program aircraft having more than one owner; For at least two fractional program aircraft, none of the ownership interests in the aircraft are less than the minimum fractional ownership interest or held by the program manager; There exists a dry-lease aircraft exchange arrangement among all of the fractional owners; and There are multi-year program agreements covering the fractional ownership, fractional ownership program management services, and dry-lease aircraft exchange aspects of the program. Tax 2012 Fractional program aircraft. Tax 2012   Any aircraft that, in any fractional ownership aircraft program, is listed as a fractional program aircraft in the management specifications issued to the manager of such program by Federal Aviation Administration under subpart K of part 91 title 14, Code of Federal Regulations, and is registered in the U. Tax 2012 S. Tax 2012   Fractional program aircraft are not considered used for transportation of a qualified fractional owner, or on account of such qualified fractional owner when they are used for flight demonstration, maintenance or crew training. Tax 2012 In such situations, the flight is not commercial aviation. Tax 2012 Instead, the tax on the fuel used in the flight is imposed at the non-commercial aviation rate. Tax 2012 Fractional owner. Tax 2012   Any person owning any interest (including the entire interest) in a fractional program aircraft. Tax 2012 Dry lease aircraft exchange. Tax 2012   An agreement, documented by the written program agreements, under which the fractional program aircraft are available, on an as-needed basis without crew, to each fractional owner. Tax 2012 Special rule relating to deadhead service. Tax 2012   A fractional program aircraft will not be considered to be used on account of a qualified fractional owner when it is used in deadhead service and a person other than a qualified fractional owner is separately charged for such service. Tax 2012 More information. Tax 2012   See section 4043 for more information on the surtax. Tax 2012 Certificate for Commercial Aviation and Exempt Uses A certificate is required from the aircraft operator: To support aircraft operator liability for tax on removal of kerosene for use in aviation directly into the fuel tank of an aircraft in commercial aviation, or For exempt uses. Tax 2012 Certificate. Tax 2012   The certificate may be included as part of any business records normally used for a sale. Tax 2012 See Model Certificate K in the Appendix. Tax 2012   A certificate expires on the earliest of the following dates. Tax 2012 The date 1 year after the effective date (not earlier than the date signed) of the certificate. Tax 2012 The date the buyer provides the seller a new certificate or notice that the current certificate is invalid. Tax 2012 The date the IRS or the buyer notifies the seller that the buyer's right to provide a certificate has been withdrawn. Tax 2012   The buyer must provide a new certificate if any information on a certificate has changed. Tax 2012   The IRS may withdraw the buyer's right to provide a certificate if the buyer uses the kerosene for use in aviation to which a certificate relates other than as stated in the certificate. Tax 2012 Exempt use. Tax 2012   The rate on kerosene for use in aviation is $. Tax 2012 001 (LUST tax) if it is removed from any refinery or terminal directly into the fuel tank of an aircraft for an exempt use. Tax 2012 An exempt use includes kerosene for the exclusive use of a state or local government. Tax 2012 There is no tax on kerosene removed directly into the fuel tank of an aircraft for use in foreign trade. Tax 2012 Flash title transaction. Tax 2012   A position holder is not liable for tax if, among other conditions, it obtains a certificate (described above) from the operator of the aircraft into which the kerosene is delivered. Tax 2012 In a “flash title transaction” the position holder sells the kerosene to a wholesale distributor (reseller) that in turn sells the kerosene to the aircraft operator as the kerosene is being removed from a terminal into the fuel tank of an aircraft. Tax 2012 In this case, the position holder will be treated as having a certificate from the operator of the aircraft if: The aircraft operator puts the reseller's name, address, and EIN on the certificate in place of the position holder's information; and The reseller provides the position holder with a statement of the kerosene reseller. Tax 2012 Reseller statement. Tax 2012   This is a statement that is signed under penalties of perjury by a person with authority to bind the reseller; is provided at the bottom or on the back of the certificate (or in an attached document); and contains: The reseller's name, address, and EIN; The position holder's name, address, and EIN; and A statement that the reseller has no reason to believe that any information in the accompanying aircraft operator's certificate is false. Tax 2012 Credits or Refunds. Tax 2012   A claim may be made by the ultimate purchaser (the operator) for taxed kerosene for use in aviation used in commercial aviation (other than foreign trade) and noncommercial aviation (other than nonexempt, noncommercial aviation and exclusive use by a state, political subdivision of a state, or the District of Columbia). Tax 2012 A claim may be made by a registered ultimate vendor for certain sales. Tax 2012 For more information, see chapter 2. Tax 2012 Other Fuels (Including Alternative Fuels) Other Fuels means any liquid except gas oil, fuel oil, or any product taxable under section 4081. Tax 2012 Other Fuels include alternative fuels. Tax 2012 Alternative fuels are: Liquefied petroleum gas (LPG), “P Series” fuels, Compressed natural gas (CNG) (discussed later), Liquefied hydrogen, Any liquid fuel derived from coal (including peat) through the Fischer-Tropsch process, Liquid fuel derived from biomass, Liquefied natural gas (LNG), and Liquefied gas derived from biomass. Tax 2012 Liquefied petroleum gas includes propane, butane, pentane, or mixtures of those products. Tax 2012 Qualified methanol and ethanol fuels. Tax 2012   Qualified ethanol and methanol means any liquid at least 85 percent of which consists of alcohol produced from coal, including peat. Tax 2012 The tax rates are listed in the Instructions for Form 720. Tax 2012 Partially exempt methanol and ethanol fuels. Tax 2012   A reduced tax rate applies to these fuels. Tax 2012 Partially exempt ethanol and methanol means any liquid at least 85 percent of which consists of alcohol produced from natural gas. Tax 2012 The tax rates are listed in the Instructions for Form 720. Tax 2012 Motor vehicles. Tax 2012   Motor vehicles include all types of vehicles, whether or not registered (or required to be registered) for highway use, that have both the following characteristics. Tax 2012 They are propelled by a motor. Tax 2012 They are designed for carrying or towing loads from one place to another, regardless of the type of material or load carried or t
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  • Watch IRS YouTube videos.
  • Follow the IRS.

For more information, visit our social media page. 

Video


We have numerous video Tax Tips available for viewing, along with their texts.

Audio


Need an audio spot for your website? We've compiled a host of MP3 files covering a variety of topics and formats.

  • Audio Files for Podcasts:  Hear them now, or download the MP3s to hear them later.

  • Radio PSAs:  These radio spots provide helpful information to get your taxes done. Many spots feature the voice of IRIS, a friendly IRS helper with useful information for your listeners during tax time. There are :30, :60 and donut spots to use as a plug in for local sponsors. We also have radio spots on some of our important programs, such as the Earned Income Tax Credit and our e-file and Free file programs. All of the spots are in MP3 format and can be downloaded.

Print Ads for Newspapers and Magazines


The latest IRS print ads can be used during calendar year 2014. The free ads are available in various sizes, in black and white and in color.

  • 1/3 page
  • 1/2 page
  • 1/6 page
  • 7 x 10

Text


In addition to audio and video Tax Tips, we also have them in print.

  • Print Tax Tips:  Daily Tax Tips for 2014 are available throughout the filing season.

Press Kits


Covering a specific topic? We may have a specific toolkit just for you. Get the facts, stats and IRS media contacts. Download feature articles, public service advertisements and more. Some of the press kits require flash 7.0 on your computer to view them.

  • Earned Income Tax Credit:  The EITC is a tax credit for people who work, but don't earn high incomes. Those who qualify could pay less federal tax, no tax or even get a refund.

Marketing Materials and Other Resources


Use these items to get you started or fill in empty spaces. You’ll find print public service advertisements (PSAs), posters and more.

e-News Subscriptions


Want to get the latest tax news right in your inbox? We’ve got a number of e-mail subscription services to choose from. Take a look and sign up for the ones that interest you.

 

Page Last Reviewed or Updated: 10-Feb-2014

The Tax 2012

Tax 2012 Index A Administrative adjustment requests, Amended Returns and Administrative Adjustment Requests (AARs) Allocations Built-in gain or loss, Allocations to account for built-in gain or loss. Tax 2012 Installment sale, Installment reporting for sale of partnership interest. Tax 2012 Amended returns, Amended Returns and Administrative Adjustment Requests (AARs) Assistance (see Tax help) B Built-in gain or loss, Allocations to account for built-in gain or loss. Tax 2012 C C corporation, TEFRA, Small Partnerships and the Small Partnership Exception Capital interest, Capital interest. Tax 2012 , Capital interest. Tax 2012 Comments on publication, Comments and suggestions. Tax 2012 Contribution Basis of property, Basis of contributed property. Tax 2012 Built-in gain or loss, Allocations to account for built-in gain or loss. Tax 2012 Distribution of property, Distribution of contributed property to another partner. Tax 2012 Net precontribution gain, Net precontribution gain. Tax 2012 Property, Contribution of Property Services, Contribution of Services D Definition, partnership, Forming a Partnership Determining ownership, More than 50% ownership. Tax 2012 Distributions Gain or loss, Partner's Gain or Loss Partner's debt, Distribution of partner's debt. Tax 2012 Partnership, Partnership Distributions Distributive share Adjusted basis, Adjusted Basis Guaranteed payments, Guaranteed Payments E e-file, IRS e-file (Electronic Filing) Electronic filing, IRS e-file (Electronic Filing) F Family partnership, Family Partnership Form 8275, Form 8275 required. Tax 2012 8308, Information return required of partnership. Tax 2012 8832, Organizations formed after 1996. Tax 2012 8865, Contribution to foreign partnership. Tax 2012 G Guaranteed payments, Guaranteed Payments I Insurance, self-employed health, Self-employed health insurance premiums. Tax 2012 Inventory items, substantially appreciated, Substantially appreciated inventory items. Tax 2012 L Liability Assumption of, Assumption of liability. Tax 2012 Partner's assumed by partnership, Partner's liabilities assumed by partnership. Tax 2012 Partnership's, Effect of Partnership Liabilities Limited liability company, Limited liability company. Tax 2012 Liquidation Constructive, Constructive liquidation. Tax 2012 Partner's interest, Complete liquidation of partner's interest. Tax 2012 Partner's retirement or death, Liquidation at Partner's Retirement or Death Losses Sales or exchanges, Losses. Tax 2012 M Marketable securities, Marketable securities treated as money. Tax 2012 N Notice group, TEFRA, Notice group. Tax 2012 Notice partner, TEFRA, Notice partner. Tax 2012 P Partner's Basis Distributed property, Partner's Basis for Distributed Property Partnership interest, Basis of Partner's Interest Interest Acquired by gift, Interest acquired by gift, etc. Tax 2012 Alternative rule, adjusted basis, Alternative rule for figuring adjusted basis. Tax 2012 Basis, Basis of Partner's Interest Basis adjustments, Adjusted Basis Book value, Book value of partner's interest. Tax 2012 Liquidation of, Complete liquidation of partner's interest. Tax 2012 , Liquidation at Partner's Retirement or Death Mandatory basis adjustment, Mandatory adjustment. Tax 2012 Sale, exchange, transfer, Sale, Exchange, or Other Transfer Special basis adjustment, Special adjustment to basis. Tax 2012 Transactions with partnership, Transactions Between Partnership and Partners Partnership Abandoned or worthless interest, Abandoned or worthless partnership interest. Tax 2012 Agreement, Partnership Agreement Basis, contributed property, Basis of contributed property. Tax 2012 Capital interest, Capital interest. Tax 2012 Defined, Forming a Partnership Exclusion from rules, Exclusion From Partnership Rules Family, Family Partnership Forming, Forming a Partnership Liabilities, Effect of Partnership Liabilities Terminating, Terminating a Partnership Transactions with partner, Transactions Between Partnership and Partners Partnership item, TEFRA, Partnership Item. Tax 2012 Precontribution gain, Net precontribution gain. Tax 2012 Profits interest, Profits interest. Tax 2012 Publications (see Tax help) R Related person, Related person. Tax 2012 S Self-employed health insurance, Self-employed health insurance premiums. Tax 2012 Short period return, Short period return. Tax 2012 Small partnership exception to TEFRA, Small Partnerships and the Small Partnership Exception, Small Partnership TEFRA Election Statute of Limitations and TEFRA, Statute of Limitations and TEFRA Substantially appreciated inventory items, Substantially appreciated inventory items. Tax 2012 Suggestions for publication, Comments and suggestions. Tax 2012 T Tax help, How To Get Tax Help Tax matters partner, Role of Tax Matters Partner (TMP) in TEFRA Proceedings Tax withholding, foreign person or firm, Withholding on foreign partner or firm. Tax 2012 TEFRA, Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) Terminating a partnership, Terminating a Partnership TTY/TDD information, How To Get Tax Help U Uniform Limited Partnership ACT (ULPA), Role of Tax Matters Partner (TMP) in TEFRA Proceedings Unrealized receivables, Unrealized receivables. Tax 2012 Prev  Up     Home   More Online Publications