State and local governmental exemption
Under regulations prescribed by the Secretary, no tax shall be imposed by section 4481 on the use of any highway motor vehicle by any State or any political subdivision of a State.
Exemption for United States
The Secretary of the Treasury may authorize exemption from the tax imposed by section 4481 as to the use by the United States of any particular highway motor vehicle, or class of highway motor vehicles, if he determines that the imposition of such tax with respect to such use will cause substantial burden or expense which can be avoided by granting tax exemption and that full benefit of such exemption, if granted, will accrue to the United States.
Certain transit-type buses
Under regulations prescribed by the Secretary, no tax shall be imposed by section 4481 on the use of any bus which is of the transit type (rather than of the intercity type) by a person who, for the last 3 months of the preceding year (or for such other period as the Secretary may by regulations prescribe for purposes of this subsection), met the 60-percent passenger fare revenue test set forth in section 6421(b)(2) (as in effect on the day before the date of the enactment of the Energy Tax Act of 1978) as applied to the period prescribed for purposes of this subsection.
Exemption for trucks used for less than 5,000 miles on public highways
Suspension of tax
In general
Suspension ceases to apply where use exceeds 5,000 miles
Subparagraph (A) shall cease to apply with respect to any highway motor vehicle whenever the use of such vehicle on public highways during the taxable period exceeds 5,000 miles.
Exemption
Refund where tax paid and vehicle not used for more than 5,000 miles
Relief from liability for tax under certain circumstances where truck is transferred
7,500-miles exemption for agricultural vehicles
In general
In the case of an agricultural vehicle, paragraphs (1) and (2) shall be applied by substituting “7,500” for “5,000” each place it appears.
Definitions
Agricultural vehicle
Farming purposes
The term “farming purposes” means the transporting of any farm commodity to or from a farm or the use directly in agricultural production.
Farm commodity
The term “farm commodity” means any agricultural or horticultural commodity, feed, seed, fertilizer, livestock, bees, poultry, fur-bearing animals, or wildlife.
Owner defined
For purposes of this subsection, the term “owner” means, with respect to any highway motor vehicle, the person described in section 4481(b).
Reduction in tax for trucks used in logging
Pub. L. 108–357, title VIII, § 867(d)118 Stat. 1622 Repealed. , , ]
Exemption for mobile machinery
No tax shall be imposed by section 4481 on the use of any vehicle described in section 4053(8).
Exemption for vehicles used in blood collection
In general
No tax shall be imposed by section 4481 on the use of any qualified blood collector vehicle by a qualified blood collector organization.
Qualified blood collector vehicle
For purposes of this subsection, the term “qualified blood collector vehicle” means a vehicle at least 80 percent of the use of which during the prior taxable period was by a qualified blood collector organization in the collection, storage, or transportation of blood.
Special rule for vehicles first placed in service in a taxable period
In the case of a vehicle first placed in service in a taxable period, a vehicle shall be treated as a qualified blood collector vehicle for such taxable period if such qualified blood collector organization certifies to the Secretary that the organization reasonably expects at least 80 percent of the use of such vehicle by the organization during such taxable period will be in the collection, storage, or transportation of blood.
Qualified blood collector organization
The term “qualified blood collector organization” has the meaning given such term by section 7701(a)(49).
Termination of exemptions
Subsections (a) and (c) shall not apply on and after .
June 29, 1956, ch. 46270 Stat. 391Pub. L. 94–455, title XIX, § 1906(b)(13)(A)90 Stat. 1834Pub. L. 95–618, title II, § 233(a)(3)(C)92 Stat. 3191Pub. L. 97–424, title V96 Stat. 2177Pub. L. 98–369, div. A, title IX98 Stat. 1004Pub. L. 100–17, title V101 Stat. 257Pub. L. 101–508, title XI, § 11211(d)(4)104 Stat. 1388–427Pub. L. 102–240, title VIII, § 8002(b)(4)105 Stat. 2203Pub. L. 105–178, title IX, § 9002(b)(2)112 Stat. 500Pub. L. 108–357, title VIII118 Stat. 1607Pub. L. 109–14, § 9(c)(4)119 Stat. 336Pub. L. 109–59, title XI, § 11101(b)(2)119 Stat. 1944Pub. L. 109–280, title XII, § 1207(d)120 Stat. 1070Pub. L. 112–30, title I, § 142(d)125 Stat. 356Pub. L. 112–102, title IV, § 402(d)126 Stat. 282Pub. L. 112–140, title IV, § 402(c)126 Stat. 403Pub. L. 112–141, div. D, title I, § 40102(d)(2)126 Stat. 845Pub. L. 114–94, div. C, title XXXI, § 31102(d)(2)129 Stat. 1727Pub. L. 117–58, div. H, title I, § 80102(d)(2)135 Stat. 1328(Added , title II, § 206(a), ; amended , (B), , ; , , ; , §§ 513(b), 516(b)(3), , , 2183; , §§ 902(a), 903(a), , ; , §§ 502(b)(5), 507(b), , , 260; , , ; , , ; , , ; , §§ 851(b)(1), 867(d), , , 1622; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
References in Text
Pub. L. 95–618The date of the enactment of the Energy Tax Act of 1978, referred to in subsec. (c), is the date of enactment of , which was approved .
Amendments
Pub. L. 117–582021—Subsec. (i). substituted “” for “”.
Pub. L. 114–942015—Subsec. (i). substituted “” for “”.
Pub. L. 112–1412012—Subsec. (i). substituted “” for “”.
Pub. L. 112–140, §§ 1(c), 402(c), temporarily substituted “” for “”. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102 substituted “” for “”.
Pub. L. 112–302011—Subsec. (i). substituted “” for “”.
Pub. L. 109–2802006—Subsecs. (h), (i). , which directed the amendment of section 4483 by adding subsec. (h) and redesignating former subsec. (h) as (i), without specifying the act to be amended, was executed by making the amendments to this section, which is section 4483 of the Internal Revenue Code of 1986, to reflect the probable intent of Congress.
Pub. L. 109–592005—Subsec. (h). substituted “2011” for “2006”.
Pub. L. 109–14 substituted “2006” for “2005”.
Pub. L. 108–357, § 867(d)2004—Subsec. (f). , struck out heading and text of subsec. (f). Text read as follows: “If the base for registration purposes of any highway motor vehicle is in a contiguous foreign country for any taxable period, the tax imposed by section 4481 for such period shall be 75 percent of the tax which would (but for this subsection) be imposed by section 4481 for such period.”
Pub. L. 108–357, § 851(b)(1)Subsecs. (g), (h). , added subsec. (g) and redesignated former subsec. (g) as (h).
Pub. L. 105–1781998—Subsec. (g). substituted “2005” for “1999”.
Pub. L. 102–2401991—Subsec. (g). substituted “1999” for “1995”.
Pub. L. 101–5081990—Subsec. (g). substituted “1995” for “1993”.
Pub. L. 100–17, § 507(b)1987—Subsec. (f). , added subsec. (f). Former subsec. (f) redesignated (g).
Pub. L. 100–17, § 502(b)(5), substituted “1993” for “1988”.
Pub. L. 100–17, § 507(b)Subsec. (g). , redesignated former subsec. (f) as (g).
Pub. L. 98–369, § 903(a)1984—Subsec. (d)(5), (6). , added par. (5) and redesignated former par. (5) as (6).
Pub. L. 98–369, § 902(a)Subsecs. (e), (f). , added subsec. (e) and redesignated former subsec. (e) as (f).
Pub. L. 97–424, § 513(b)1983—Subsec. (d). , added subsec. (d).
Pub. L. 97–424, § 516(b)(3)Subsec. (e). , added subsec. (e).
Pub. L. 95–6181978—Subsec. (c). inserted “(as in effect on the day before the date of the enactment of the Energy Tax Act of 1978)” after “section 6421(b)(2)”.
Pub. L. 94–455, § 1906(b)(13)(A)1976—Subsecs. (a), (c). , struck out “or his delegate” after “Secretary” wherever appearing.
Pub. L. 94–455, § 1906(b)(13)(B)Subsec. (b). , inserted “of the Treasury” after “Secretary”.
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 and Termination Dates 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. 112–140Pub. L. 112–140Pub. L. 112–141Pub. L. 112–140section 1(c) of Pub. L. 112–140section 101 of Title 23Amendment by to cease to be effective on , with text as amended by to revert back to read as it did on the day before , and amendments by to be executed as if had not been enacted, see , set out as a note under , Highways.
Pub. L. 112–140section 402(f)(1) of Pub. L. 112–140section 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 a 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 2006 Amendment
Pub. L. 109–280section 1207(g) of Pub. L. 109–280section 4041 of this titleAmendment by effective , and applicable to taxable periods beginning on or after , see , set out as a note under .
Effective Date of 2004 Amendment
Pub. L. 108–357, title VIII, § 851(b)(2)118 Stat. 1608
section 867(d) of Pub. L. 108–357section 867(e) of Pub. L. 108–357section 4481 of this titleAmendment by applicable to taxable periods beginning after , see , set out as a note under .
Effective Date of 1987 Amendment
section 507(b) of Pub. L. 100–17section 507(d) of Pub. L. 100–17section 4481 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1984 Amendment
Pub. L. 98–369, div. A, title IX, § 902(b)98 Stat. 1004
Pub. L. 98–369, div. A, title IX, § 903(b)98 Stat. 1004
Effective Date of 1983 Amendment
section 513(b) of Pub. L. 97–424section 513(f) of Pub. L. 97–424section 4481 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1978 Amendment
Pub. L. 95–618section 233(d) of Pub. L. 95–618section 34 of this titleAmendment by effective on first day of first calendar month which begins more than 10 days after , see , set out as a note under .
Special Rules in the Case of Small Owner-Operators
section 513(b) of Pub. L. 97–424section 513(f)(2) of Pub. L. 97–424section 901(b)(2) of Pub. L. 98–369section 4481 of this titleAmendment by effective , in the case of a small owner-operator, notwithstanding , see , set out as a note under .