Public Law 119-73 (01/23/2026)

26 U.S.C. § 4281

Small aircraft on nonestablished lines

(a)

In general

The taxes imposed by sections 4261 and 4271 shall not apply to transportation by an aircraft having a maximum certificated takeoff weight of 6,000 pounds or less, except when such aircraft is operated on an established line or when such aircraft is a jet aircraft.

(b)

Maximum certificated takeoff weight

For purposes of this section, the term “maximum certificated takeoff weight” means the maximum such weight contained in the type certificate or airworthiness certificate.

(c)

Sightseeing

For purposes of this section, an aircraft shall not be considered as operated on an established line at any time during which such aircraft is being operated on a flight the sole purpose of which is sightseeing.

(d)

Jet aircraft

For purposes of this section, the term “jet aircraft” shall not include any aircraft which is a rotorcraft or propeller aircraft.

Pub. L. 91–258, title II, § 205(a)(1)84 Stat. 241Pub. L. 97–248, title II, § 280(c)(2)(B)96 Stat. 564Pub. L. 109–59, title XI, § 11124(a)119 Stat. 1952Pub. L. 112–95, title XI, § 1107(a)126 Stat. 154Pub. L. 113–295, div. A, title II, § 204(a)128 Stat. 4025(Added , , ; amended , , ; , , ; , , ; , , .)

Editorial Notes

Prior Provisions

act Aug. 16, 1954, ch. 73668A Stat. 508Pub. L. 85–475, § 4(a)72 Stat. 260section 4(c) of Pub. L. 85–475section 6415 of this titleA prior section 4281, , , related to tax on transportation of oil by pipeline, prior to repeal by , , . For effective date of repeal, see , set out as an Effective Date of 1958 Amendment note under .

Amendments

Pub. L. 113–2952014— amended section generally. Prior to amendment, text read as follows: “The taxes imposed by sections 4261 and 4271 shall not apply to transportation by an aircraft having a maximum certificated takeoff weight of 6,000 pounds or less, except when such aircraft is operated on an established line or when such aircraft is a jet aircraft. For purposes of the preceding sentence, the term ‘maximum certificated takeoff weight’ means the maximum such weight contained in the type certificate or airworthiness certificate. For purposes of this section, an aircraft shall not be considered as operated on an established line at any time during which such aircraft is being operated on a flight the sole purpose of which is sightseeing.”

Pub. L. 112–952012— inserted “or when such aircraft is a jet aircraft” after “an established line” in first sentence.

Pub. L. 109–592005— inserted at end “For purposes of this section, an aircraft shall not be considered as operated on an established line at any time during which such aircraft is being operated on a flight the sole purpose of which is sightseeing.”

Pub. L. 97–2481982— struck out “(as defined in section 4492(b))” after “certificated takeoff weight”, and inserted provision defining “maximum certificated takeoff weight”.

Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment

Pub. L. 113–295, div. A, title II, § 204(b)128 Stat. 4025

Pub. L. 112–95“The amendment made by subsection (a) [amending this section] shall take effect as if included in section 1107 of the FAA Modernization and Reform Act of 2012 [].”
, , , provided that:

Effective Date of 2012 Amendment

Pub. L. 112–95, title XI, § 1107(b)126 Stat. 154

“The amendment made by this section [amending this section] shall apply to taxable transportation provided after .”
, , , provided that:

Effective Date of 2005 Amendment

Pub. L. 109–59, title XI, § 11124(b)119 Stat. 1953

“The amendment made by this section [amending this section] shall apply with respect to transportation beginning after , but shall not apply to any amount paid before such date for such transportation.”
, , , provided that:

Effective Date of 1982 Amendment

Pub. L. 97–248section 280(d) of Pub. L. 97–248section 4261 of this titleAmendment by applicable with respect to transportation beginning after , but inapplicable to amounts paid on or before such date, see , set out as a note under .

Effective Date

section 211(a) of Pub. L. 91–258section 4041 of this titleSection effective on , see , set out as an Effective Date of 1970 Amendment note under .