Imposition of tax
Taxable gross weight: | Rate of tax: |
|---|---|
At least 55,000 pounds, but not over 75,000 pounds | $100 per year plus $22 for each 1,000 pounds (or fraction thereof) in excess of 55,000 pounds. |
Over 75,000 pounds | $550. |
By whom paid
The tax imposed by this section shall be paid by the person in whose name the highway motor vehicle is, or is required to be, registered under the law of the State or contiguous foreign country in which such vehicle is, or is required to be, registered, or, in case the highway motor vehicle is owned by the United States, by the agency or instrumentality of the United States operating such vehicle.
Proration of tax
Where first use occurs after first month
If in any taxable period the first use of the highway motor vehicle is after the first month in such period, the tax shall be reckoned proportionately from the first day of the month in which such use occurs to and including the last day in such taxable period.
Where vehicle sold, destroyed, or stolen
In general
If in any taxable period a highway motor vehicle is sold, destroyed, or stolen before the first day of the last month in such period and not subsequently used during such taxable period, the tax shall be reckoned proportionately from the first day of the month in such period in which the first use of such highway motor vehicle occurs to and including the last day of the month in which such highway motor vehicle was sold, destroyed, or stolen.
Destroyed
For purposes of subparagraph (A), a highway motor vehicle is destroyed if such vehicle is damaged by reason of an accident or other casualty to such an extent that it is not economic to rebuild.
One tax liability per period
To the extent that the tax imposed by this section is paid with respect to any highway motor vehicle for any taxable period, no further tax shall be imposed by this section for such taxable period with respect to such vehicle.
Electronic filing
Any taxpayer who files a return under this section with respect to 25 or more vehicles for any taxable period shall file such return electronically.
Period tax in effect
The tax imposed by this section shall apply only to use before .
June 29, 1956, ch. 46270 Stat. 390Pub. L. 87–61, title II, § 203(a)75 Stat. 124Pub. L. 91–605, title III, § 303(a)(7)84 Stat. 1744Pub. L. 94–280, title III, § 303(a)(7)90 Stat. 456Pub. L. 95–599, title V, § 502(a)(6)92 Stat. 2756Pub. L. 97–424, title V96 Stat. 2177Pub. L. 98–369, div. A, title VII, § 734(f)98 Stat. 980Pub. L. 100–17, title V101 Stat. 256Pub. L. 101–508, title XI, § 11211(c)(5)104 Stat. 1388–426Pub. L. 102–240, title VIII, § 8002(a)(5)105 Stat. 2203Pub. L. 104–188, title I, § 1704(t)(57)110 Stat. 1890Pub. L. 105–178, title IX, § 9002(a)(1)(G)112 Stat. 499Pub. L. 108–357, title VIII, § 867(a)118 Stat. 1622Pub. L. 109–14, § 9(c)(1)119 Stat. 336Pub. L. 109–59, title XI, § 11101(a)(2)(A)119 Stat. 1944Pub. L. 112–30, title I, § 142(b)(1)125 Stat. 356Pub. L. 112–102, title IV, § 402(b)(1)126 Stat. 282Pub. L. 112–141, div. D, title I, § 40102(b)(1)(A)126 Stat. 844Pub. L. 114–94, div. C, title XXXI, § 31102(b)(1)129 Stat. 1727Pub. L. 115–141, div. U, title IV, § 401(b)(43)132 Stat. 1204Pub. L. 117–58, div. H, title I, § 80102(b)(1)135 Stat. 1327(Added , title II, § 206(a), ; amended , (b)(1), (2)(A), (B), , ; , (8), , ; , (8), , ; , (7), , ; , §§ 513(a), (d), 516(a)(4), , , 2179, 2182; , title IX, § 901(a), , , 1003; , §§ 502(a)(5), 507(a), , , 260; , , ; , , ; , , ; , , ; , (c), , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 117–582021—Subsec. (f). substituted “2029” for “2023”.
Pub. L. 115–1412018—Subsec. (d). amended subsec. (d) generally. Prior to amendment, text read as follows:
In general“(1) .—To the extent that the tax imposed by this section is paid with respect to any highway motor vehicle for any taxable period, no further tax shall be imposed by this section for such taxable period with respect to such vehicle.
Cross reference“(2) .—For privilege of paying tax imposed by this section in installments, see section 6156.”
Pub. L. 114–942015—Subsec. (f). substituted “2023” for “2017”.
Pub. L. 112–1412012—Subsec. (f). substituted “2017” for “2013”.
Pub. L. 112–102 substituted “2013” for “2012”.
Pub. L. 112–302011—Subsec. (f). substituted “2012” for “2011”.
Pub. L. 109–592005—Subsec. (f). substituted “2011” for “2006”.
Pub. L. 109–14 substituted “2006” for “2005”.
Pub. L. 108–357, § 867(a)(2)2004—Subsec. (c)(2). , substituted “sold, destroyed, or stolen” for “destroyed or stolen” in heading.
Pub. L. 108–357, § 867(a)(1)Subsec. (c)(2)(A). , substituted “sold, destroyed, or stolen” for “destroyed or stolen” in two places.
Pub. L. 108–357, § 867(c)Subsecs. (e), (f). , added subsec. (e) and redesignated former subsec. (e) as (f).
Pub. L. 105–1781998—Subsec. (e). substituted “2005” for “1999”.
Pub. L. 104–188section 8002(a)(5) of Pub. L. 102–2401996—Subsec. (e). provided that shall be applied as if “4481(e)” appeared instead of “4481(c)”. See 1991 Amendment note below.
Pub. L. 102–2401991—Subsec. (e). , which directed the substitution of “1999” for “1995” in subsec. (c), was executed by making the substitution in subsec. (e). See 1996 Amendment note above.
Pub. L. 101–5081990—Subsec. (e). substituted “1995” for “1993”.
Pub. L. 100–17, § 507(a)1987—Subsec. (b). , inserted “or contiguous foreign country” after “State”.
Pub. L. 100–17, § 502(a)(5)Subsec. (e). , substituted “1993” for “1988”.
Pub. L. 98–369, § 901(a)1984—Subsec. (a). , in amending subsec. (a) generally, substituted “55,000” for “33,000” in provisions preceding table, struck out heading “(1) In general”, substituted table provisions for former table which provided:
Taxable gross weight | Rate of tax | |
|---|---|---|
At least | But less than | |
33,000 pounds | 55,000 | $50 a year, plus $25 for each 1,000 pounds or fraction thereof in excess of 33,000 pounds. |
55,000 pounds | 80,000 | $600 a year, plus the applicable rate for each 1,000 pounds or fraction thereof in excess of 55,000 pounds |
80,000 pounds or more |
| The maximum tax a year. |
and struck out par. (2) which provided applicable rates and maximum taxes for taxable periods beginning through 1988 or thereafter.
Pub. L. 98–369, § 734(f)section 513(a) of Pub. L. 97–424, struck out from subsec. (a), as subsec. (a) was in effect before the amendments made by : “In case of the taxable period beginning on , and ending on , the tax shall be at the rate of 75 cents for such period for each 1,000 pounds of taxable gross weight or fraction thereof.” See 1983 Amendment note below.
Pub. L. 97–424, § 513(a)1983—Subsec. (a). , substituted “at least 33,000 pounds at the rate specified in the following table:” for “more than 26,000 pounds, at the rate of $3.00 a year for each 1,000 pounds of taxable gross weight or fraction thereof.”, and added pars. (1) and (2).
Pub. L. 97–424, § 513(d)Subsec. (c). , designated existing provisions as par. (1) and added par. (2).
Pub. L. 97–424, § 516(a)(4)Subsec. (e). , substituted “1988” for “1984” after “October 1,”.
Pub. L. 95–599, § 502(a)(6)1978—Subsec. (a). , substituted “1984” for “1979” in two places.
Pub. L. 95–599, § 502(a)(7)Subsec. (e). , substituted “1984” for “1979”.
Pub. L. 94–280, § 303(a)(7)1976—Subsec. (a). , substituted “1979” for “1977” in two places.
Pub. L. 94–280, § 303(a)(8)Subsec. (e). , substituted “1979” for “1977”.
Pub. L. 91–605, § 303(a)(7)1970—Subsec. (a). , substituted “1977” for “1972” in two places.
Pub. L. 91–605, § 303(a)(8)Subsec. (e). , substituted “1977” for “1972”.
Pub. L. 87–61, § 203(a)1961—Subsec. (a). , (b)(2)(A), increased rate of tax from $1.50 to $3.00 a year, and provided for a tax at the rate of 75 cents for each 1,000 pounds during the period beginning on , and ending on .
Pub. L. 87–61, § 203(b)(2)(B)Subsec. (c). , substituted “any taxable period” for “any year”, “after the first month in such period” for “after July 31”, and “the last day in such taxable period” for “the last day of June following”.
Pub. L. 87–61, § 203(b)(2)(B)Subsec. (d). , made conforming changes to refer to payment of tax for a taxable period instead of payment for a year, and inserted cross reference to section 6156.
Pub. L. 87–61, § 203(b)(1)Subsec. (e). , substituted “before ” for “after , and before ”.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Pub. L. 117–58section 80102(f) of Pub. L. 117–58section 4041 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 2015 Amendment
Pub. L. 114–94section 31102(f) of Pub. L. 114–94section 4041 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 2012 Amendment
Pub. L. 112–141section 40102(f) of Pub. L. 112–141section 4041 of this titleAmendment by effective , see , set out as a note under .
Pub. L. 112–102section 402(f) of Pub. L. 112–102section 4041 of this titleAmendment by effective , see , set out as an Effective and Termination Dates of 2012 Amendment note under .
Effective Date of 2011 Amendment
Pub. L. 112–30section 142(f) of Pub. L. 112–30section 4041 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 2005 Amendment
Pub. L. 109–14, § 9(d)119 Stat. 336
Effective Date of 2004 Amendment
Pub. L. 108–357, title VIII, § 867(e)118 Stat. 1622
Effective Date of 1987 Amendment
Pub. L. 100–17, title V, § 507(d)101 Stat. 260
Effective Date of 1984 Amendment
section 734(f) of Pub. L. 98–369Pub. L. 97–424section 736 of Pub. L. 98–369section 4051 of this titleAmendment by effective, except as otherwise provided, as if included in the provisions of the Highway Revenue Act of 1982, title V of , to which such amendment relates, see , set out as a note under .
Pub. L. 98–369, div. A, title IX, § 901(c)98 Stat. 1004
Effective Date of 1983 Amendment
Pub. L. 97–424, title V, § 513(f)96 Stat. 2179Pub. L. 99–514, § 2100 Stat. 2095
In general .—
Special rule in the case of certain owner-operators.—
In general.—
Small owner-operator.—
“[No subpar. (C) has been enacted.]
For purposes of this paragraph, the term “small owner-operator” means any person who owns and operates at any time during the taxable period no more than 5 highway motor vehicles with respect to which a tax is imposed by section 4481 of such Code for such taxable period.Aggregation of vehicle ownerships.—
Controlled groups of corporations.—
Highway motor vehicles.—
Effective Date of 1961 Amendment
Pub. L. 87–61section 208 of Pub. L. 87–61section 4041 of this titleAmendment by effective , see , set out as a note under .
Effective Date
section 4041 of this titleSection effective , see section 211 of act , set out as an Effective Date of 1956 Amendment note under .
Regulations
Pub. L. 100–17, title V, § 507(c)101 Stat. 260
Savings Provision
Pub. L. 115–141section 401(e) of Pub. L. 115–141section 23 of this titleFor provisions that nothing in amendment by be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to , for purposes of determining liability for tax for periods ending after , see , set out as a note under .
Special Rules in the Case of Certain Owner-Operators
Pub. L. 98–369, div. A, title IX, § 901(b)98 Stat. 1003Pub. L. 99–514, § 2100 Stat. 2095
Special rule for taxable period beginning on .—
Exemption for vehicles used for less than 5,000 miles (and certain other amendments) to take effect on .—
Small owner-operator defined .—
Taxable gross weight .—
Studies Relating to Heavy Vehicle Use Tax
Pub. L. 98–369, div. A, title IX98 Stat. 1010Pub. L. 99–514, § 2100 Stat. 2095, subtitle D, part I, , , as amended by , , , provided that the Secretary of Transportation, in consultation with the Secretary of the Treasury, would conduct a study of whether highway motor vehicles with taxable gross weights of 80,000 pounds or more bear their fair share of the costs of the highway system, a study to determine the significance of the tax imposed by this section (relating to tax on use of certain vehicles) on trans-border trucking operations, and a study to evaluate the feasibility and ability of weight-distance truck taxes to provide the greatest degree of equity among highway users, to ease the costs of compliance of such taxes, and to improve the efficiency by which such taxes might be administered, and submit to Congress a report of each study, together with any recommendations, by .
Study of Alternatives to Tax on Use of Heavy Trucks
Pub. L. 97–424, title V, § 513(g)96 Stat. 2180, , , provided that the Secretary of Transportation, in consultation with the Secretary of the Treasury, conduct a study of alternatives to the tax on heavy vehicles imposed by section 4481(a) of the Internal Revenue Code, and plans for improving the collecting and enforcement of such tax and alternatives to such tax, such alternatives to include taxes based either singly or in suitable combinations on vehicle size or configuration; vehicle weight, both registered and actual operating weight; and distance traveled, and such plans for improving tax collection and enforcement to provide for Federal and State co-operation in such activities. The study was to be conducted in consultation with State officials, motor carriers, and other affected parties, and the Secretary of Transportation was to submit a report and recommendations to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate not later than .