26 U.S.C. § 6412 | Floor stocks refunds

(a)

In general

(1)

Tires and taxable fuel

October 1, 2028October 1, 2028March 31, 2029January 1, 2029March 31, 2029Where before , any article subject to the tax imposed by section 4071 or 4081 has been sold by the manufacturer, producer, or importer and on such date is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the manufacturer, producer, or importer an amount equal to the difference between the tax paid by such manufacturer, producer, or importer on his sale of the article and the amount of tax made applicable to such article on and after , if claim for such credit or refund is filed with the Secretary on or before , based upon a request submitted to the manufacturer, producer, or importer before , by the dealer who held the article in respect of which the credit or refund is claimed, and, on or before , reimbursement has been made to such dealer by such manufacturer, producer, or importer for the tax reduction on such article or written consent has been obtained from such dealer to allowance of such credit or refund. No credit or refund shall be allowable under this paragraph with respect to taxable fuel in retail stocks held at the place where intended to be sold at retail, nor with respect to taxable fuel held for sale by a producer or importer of taxable fuel.

(2)

Definitions

For purposes of this section—

(A)

The term “dealer” includes a wholesaler, jobber, distributor, or retailer.

(B)

An article shall be considered as “held by a dealer” if title thereto has passed to such dealer (whether or not delivery to him has been made), and if for purposes of consumption title to such article or possession thereof has not at any time been transferred to any person other than a dealer.

(b)

Limitation on eligibility for credit or refund

No manufacturer, producer, or importer shall be entitled to credit or refund under subsection (a) unless he has in his possession such evidence of the inventories with respect to which the credit or refund is claimed as may be required by regulations prescribed under this section.

(c)

Other laws applicable

All provisions of law, including penalties, applicable in respect of the taxes imposed by sections 4071 and 4081 shall, insofar as applicable and not inconsistent with subsections (a) and (b) of this section, apply in respect of the credits and refunds provided for in subsection (a) to the same extent as if such credits or refunds constituted overpayments of such taxes.

Editorial Notes

Amendments

Pub. L. 117–58October 1, 2028October 1, 2022March 31, 2029March 31, 2023January 1, 2029January 1, 20232021—Subsec. (a)(1). substituted “” for “” in two places and “” for “” in two places and substituted “” for “”.

Pub. L. 114–94October 1, 2022October 1, 2016March 31, 2023March 31, 2017January 1, 2023January 1, 20172015—Subsec. (a)(1). substituted “” for “” in two places and “” for “” in two places and substituted “” for “”.

Pub. L. 112–141October 1, 2016July 1, 2012March 31, 2017December 31, 2012January 1, 2017October 1, 20122012—Subsec. (a)(1). substituted in two places “” for “” and “” for “” and substituted “” for “”.

Pub. L. 112–140July 7, 2012July 1, 2012January 6, 2013December 31, 2012October 7, 2012October 1, 2012, §§ 1(c), 402(b), temporarily substituted in two places “” for “” and “” for “” and temporarily substituted “” for “”. See Effective and Termination Dates of 2012 Amendment note below.

Pub. L. 112–102July 1, 2012April 1, 2012December 31, 2012September 30, 2012October 1, 2012July 1, 2012 substituted in two places “” for “” and “” for “” and substituted “” for “”.

Pub. L. 112–30April 1, 2012October 1, 2011September 30, 2012March 31, 2012July 1, 2012January 1, 20122011—Subsec. (a)(1). substituted in two places “” for “” and “” for “” and substituted “” for “”.

Pub. L. 109–592005—Subsec. (a)(1). substituted “2011” for “2005” and “2012” for “2006” wherever appearing.

Pub. L. 105–1781998—Subsec. (a)(1). substituted “2005” for “1999” and “2006” for “2000” wherever appearing.

Pub. L. 103–661993—Subsec. (a)(1). substituted “taxable fuel” for “gasoline” wherever appearing in heading and text.

Pub. L. 102–2401991—Subsec. (a)(1). substituted “1999” for “1995” and “2000” for “1996” wherever appearing.

Pub. L. 101–5081990—Subsec. (a)(1). substituted “1995” for “1993” and “1996” for “1994” wherever appearing.

Pub. L. 100–171987—Subsec. (a)(1). substituted “1993” for “1988” and “1994” for “1989” wherever appearing.

Pub. L. 98–369, § 735(c)(12)(A)October 1, 1988October 1, 19881984—Subsec. (a)(1). , (B), substituted “Tires and gasoline” for “Trucks, tires, tubes, tread rubber, and gasoline” in heading, and in text substituted “Where before , any article subject to the tax imposed by section 4071 or 4081 has been sold by the manufacturer, producer, or importer and on such date is held by a dealer and has not been used and is intended for sale,” for “Where before , any article subject to the tax imposed by section 4061(a)(1), 4071((a)(1), (3) or (4), or 4081 has been sold by the manufacturer, producer, or importer and on such date is held by a dealer and has not been used and is intended for sale (or, in the case of tread rubber, is intended for sale or is held for use),”, and struck out provision that no credit or refund shall be allowable under this paragraph with respect to inner tubes for bicycle tires (as defined in section 4221(e)(4)(B)).

Pub. L. 98–369, § 735(c)(12)(C)Subsec. (a)(2)(A). , substituted “The term ‘dealer’ includes a wholesaler, jobber, distributor, or retailer” for “The term ‘dealer’ includes a wholesaler, jobber, distributor, or retailer, or, in the case of tread rubber subject to tax under section 4071(a)(4), includes any person (other than the manufacturer, producer, or importer thereof) who holds such tread rubber for sale or use”.

Pub. L. 98–369, § 735(c)(12)(D)Subsec. (c). , substituted “4071” for “4061, 4071,”.

Pub. L. 97–424, § 516(a)(5)1983—Subsec. (a)(1). , substituted “1989” for “1985” and “1988” for “1984” wherever appearing.

Pub. L. 95–6181978—Subsec. (a)(1). struck out “and buses” after “Trucks” in heading.

Pub. L. 95–599 substituted “1984” for “1979” and “1985” for “1980” wherever appearing.

Pub. L. 94–455, § 1906(a)(22)Pub. L. 92–178, title IV, § 401(g)(5)Dec. 10, 197185 Stat. 5331976—Subsec. (a)(1). , (b)(13)(A), redesignated par. (2) as (1) and struck out “or his delegate” after “Secretary”. Prior par. (1) had been repealed by , , .

Pub. L. 94–455, § 1906(a)(22)Subsec. (a)(2). , redesignated par. (4) as (2). Former par. (2) redesignated (1).

Pub. L. 94–280 substituted “1979” for “1977” in two places and “1980” for “1978” in three places, respectively.

Pub. L. 94–455, § 1906(a)(22)Subsec. (a)(4). , redesignated par. (4) as (2).

Pub. L. 92–1781971—Subsec. (a)(1). struck out par. (1) which related to general rule for floor stocks refunds on passenger automobiles, etc.

Pub. L. 91–614January 1, 1971January 1, 1972January 1, 1973January 1, 19741970—Subsec. (a)(1). substituted “January 1 of 1973, 1974, 1978, 1979, 1980, 1981, or 1982” for “, , , or ”.

Pub. L. 91–605March 31, 1978February 10, 1973January 1, 1978January 1, 1973Subsec. (a)(2). substituted in two places “1977” for “1972” and “” for “”, and substituted “” for “”.

Pub. L. 91–172Jan. 1, 1970Jan. 1, 19741969—Subsec. (a)(1). struck out reference to , and inserted reference to .

Pub. L. 90–364January 1, 1970January 1, 1971January 1, 1972January 1, 1973May 1, 1968January 1, 19691968—Subsec. (a)(1). substituted “, , , or ,” for “, or ,”.

Pub. L. 90–285May 1, 1968April 1, 1968 substituted “” for “”.

Pub. L. 89–368January 1, 1966April 1, 1968January 1, 1969January 1, 19661966—Subsec. (a)(1). substituted “, , or ,” for “, 1967, 1968, or 1969,”.

Pub. L. 89–44, § 209(a)1965—Subsec. (a)(1). , made floor stock refunds available with respect to passenger cars in dealers’ inventories on the various reduction dates for the passenger car tax and required claims for credit or refund to be filed on or before the 10th day of the 8th calendar month beginning after the date of the tax reduction.

Pub. L. 89–44, § 209(d)Subsec. (e). , repealed subsec. (e) which related to cross reference.

Pub. L. 88–348July 1, 1965July 1, 1964October 1, 1965October 1, 1964November 10, 1965November 10, 19641964—Subsec. (a)(1). substituted “” for “” in two places, “” for “”, and “” for “” in two places.

Pub. L. 88–52July 1, 1964July 1, 1963October 1, 1964October 1, 1963November 10, 1964November 10, 19631963—Subsec. (a)(1). substituted “” for “”, in two places, “” for “”, and “” for “” in two places.

Pub. L. 87–508July 1, 1963July 1, 1962October 1, 1963October 1, 1962November 10, 1963November 10, 19621962—Subsec. (a)(1). substituted “” for “” in two places, “” for “”, and “” for “” in two places.

Pub. L. 87–456Subsec. (d). repealed subsec. (d) which related to floor stock refunds with respect to any sugar or articles composed in chief value of sugar.

Pub. L. 87–535June 30, 1967December 31, 1962September 30, 1967March 31, 1963 substituted “” for “” after “paid and which, on”, and “” for “” after “delegate on or before”.

Pub. L. 87–72July 1, 1962July 1, 1961October 1, 1962October 1, 1961November 10, 1962November 10, 19611961—Subsec. (a)(1). substituted “” for “” in two places, “” for “”, and “” for “” in two places.

Pub. L. 87–61, § 206(c)October 1, 1972July 1, 1972February 10, 1973November 10, 1972January 1, 1973October 1, 1972Subsec. (a)(2). , inserted tubes in heading, authorized credit or refund for articles subject to the tax imposed by section 4071(a)(3), prohibited credit or refund with respect to inner tubes for bicycle tires, and substituted “” for “” in two places, “” for “” in two places, and “” for “”.

Pub. L. 87–61, § 206(d)Subsec. (a)(3). , repealed par. (3) which related to 1961 floor stocks refund on gasoline.

Pub. L. 87–15December 31, 1962September 30, 1961March 31, 1963September 30, 1961Subsec. (d). substituted “” for “” after “paid and which, on”, and “” for “” after “delegate on or before”.

Pub. L. 86–564July 1, 1961July 1, 1960October 1, 1961October 1, 1960November 10, 1961November 10, 19601960—Subsec. (a)(1). substituted “” for “” in two places, “” for “”, and “” for “” in two places.

Pub. L. 86–592September 30, 1961June 30, 1961Subsec. (d). substituted “” for “” after “and which, on”.

Pub. L. 86–75July 1, 1960July 1, 1959October 1, 1960October 1, 1959November 10, 1960November 10, 19591959—Subsec. (a)(1). substituted “” for “” in two places, “” for “” and “” for “” in two places.

Pub. L. 86–342Subsec. (a)(3), (4). added par. (3) and redesignated former par. (3) as (4).

Pub. L. 85–475July 1, 1959July 1, 1958October 1, 1959October 1, 1958November 10, 1959November 10, 19581958—Subsec. (a)(1). substituted “” for “” in two places, “” for “”, and “” for “” in two places.

Pub. L. 85–859Sept. 30, 1961Subsec. (d). required filing of claims for refund on or before .

Pub. L. 85–12July 1, 1958April 1, 1957October 1, 1958July 1, 1957November 10, 1958August 10, 19571957—Subsec. (a)(1). , substituted “” for “” in two places, “” for “”, and “” for “” in two places.

June 29, 1956April 1, 1957April 1, 1956August 10, 1957section 4071(a)(4) of this title1956—Subsec. (a). Act , in par. (1), substituted “” for “” in two places, “section 4061(a)(2)” for “section 4061 (a) or (b)”, and inserted provisions requiring claims for refund to be made on or before , inserted provisions relating to trucks and buses, tires, tread rubber, and gasoline as par. (2), defined “dealer” in the case of tread rubber subject to tax under in par. (3), and struck out pars. (4) and (5). Former par. (4), which related to reimbursement of dealers, was covered generally by pars. (1) and (2). Former par. (5) was covered by subsec. (b).

Mar. 29, 1956April 1, 1957April 1, 1956July 1, 1957July 1, 1956Act , substituted “” for “” in two places, and “” for “”.

June 29, 1956July 1, 1956Subsec. (b). Act , redesignated par. (5) of subsec. (a) as subsec. (b) and substituted “manufacturer, producer, or importer” for “person”, and struck out provisions that required claims for credit or refund to be filed before . Former subsec. (b) was covered by par. (2) of subsec. (a).

Mar. 29, 1956April 1, 1957April 1, 1956July 1, 1957July 1, 1956Act , substituted “” for “” in three places, and “” for “”.

June 29, 1956section 4071 of this titleSubsec. (c). Act , included taxes imposed by .

May 29, 1956Subsec. (d). Act , substituted “1961” for “1957”.

Mar. 30, 1955April 1, 1956April 1, 1955July 1, 1956July 1, 19551955—Subsecs. (a), (b). Act , substituted “” for “” and “” for “” wherever appearing.

Statutory Notes and Related Subsidiaries

Pub. L. 112–140July 6, 2012Pub. L. 112–140June 29, 2012Pub. L. 112–141 Pub. L. 112–140 section 1(c) of Pub. L. 112–140 section 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. 112–140July 1, 2012section 402(f)(1) of Pub. L. 112–140 section 4041 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 112–102Apr. 1, 2012section 402(f) of Pub. L. 112–102 section 4041 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 2011 Amendment

Pub. L. 112–30Oct. 1, 2011section 142(f) of Pub. L. 112–30 section 4041 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1993 Amendment

Pub. L. 103–66Jan. 1, 1994section 13242(e) of Pub. L. 103–66 section 4041 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1984 Amendment

Pub. L. 98–369 Pub. L. 97–424 section 736 of Pub. L. 98–369 section 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 .

Effective Date of 1978 Amendment

Pub. L. 95–618Nov. 9, 1978section 231(g) of Pub. L. 95–618 section 4222 of this titleAmendment by applicable with respect to articles sold after , see , set out as a note under .

Effective Date of 1971 Amendment

Pub. L. 92–178Dec. 10, 1971section 401(h)(1) of Pub. L. 92–178 section 4071 of this titleAmendment by applicable with respect to articles sold on or after the day after , see , set out as a note under .

Effective Date of 1968 Amendments

Pub. L. 90–364, title I, § 105(c)June 28, 196882 Stat. 266

April 30, 1968“The amendments made by this section [amending this section and sections 4061 and 4251 of this title] shall take effect as of .”

, , , provided that:

Pub. L. 90–285, § 1(b)Apr. 12, 196882 Stat. 92

March 31, 1968“The amendments made by subsection (a) [amending this section and sections 4061 and 4251 of this title] shall take effect as of .”

, , , provided that:

Effective Date of 1965 Amendment

Pub. L. 89–44June 22, 1965section 701(a) of Pub. L. 89–44 section 4161 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1962 Amendments

Pub. L. 87–535Jan. 1, 1962section 19(a) of Pub. L. 87–535July 13, 196276 Stat. 167Amendment by effective , see , , .

Pub. L. 87–456Aug. 31, 1963section 501(a) of Pub. L. 87–456May 24, 196276 Stat. 78Amendment by effective with respect to articles entered, or withdrawn from warehouse, for consumption on or after , see , title V, , .

Effective Date of 1961 Amendment

Pub. L. 87–61June 29, 1961section 208 of Pub. L. 87–61 section 4041 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1958 Amendment

Pub. L. 85–859Sept. 2, 1958section 1(c) of Pub. L. 85–859Sept. 2, 195872 Stat. 1275Amendment by effective on first day of first calendar quarter which begins more than 60 days after , see , , .

Effective Date of 1956 Amendments

June 29, 1956June 29, 1956June 29, 1956section 4041 of this titleAmendment by act , effective , see section 211 of act , set out as a note under .

May 29, 1956Jan. 1, 1956act May 29, 1956, ch. 342 70 Stat. 221Amendment by act , effective as of , see section 22 of , .

Floor Stock Refunds

Pub. L. 89–44, title II, § 209(b)June 21, 196579 Stat. 142June 21, 1965Jan. 1, 1966, , , provided that where any article subject to taxes under section 4111, 4121, 4141, 4151, 4161, 4191 or 4451 of this title before , or subject to taxes under section 4061(b), 4091(1), or 4131 of this title before , had been sold by the manufacturer, importer or producer and on such date held by the dealer and not used, there was to be credited or refunded to the manufacturer, importer or producer an amount equal to the difference between the tax paid by him on his sale of the article and the amount of tax made applicable to the article on such date where certain conditions were satisfactorily met.

Extension of Time for Filing Claims for Floor Stocks Refunds

Pub. L. 91–642, § 1Dec. 31, 197084 Stat. 1880Dec. 31, 1970section 209(b)(1)(A) of Pub. L. 89–44Feb. 10, 1966Aug. 10, 1966, , , provided that if a claim for credit or refund was filed by a manufacturer, importer or producer on or before the 90th day after , such filing was deemed to have satisfied the requirements of for filing on or before , or .

Refunds Respecting Consumer Purchases

Pub. L. 89–44, title II, § 209(c)June 21, 196579 Stat. 143May 14, 1965June 21, 1965section 4061(a)(2) of this title section 4111 of this title, , , provided that if after , but before , a new automotive item subject to the tax imposed by , or a new self-contained air-conditioning unit subject to the tax imposed by , had been sold to an ultimate purchaser, there was to be credited or refunded to the manufacturer, producer, or importer an amount equal to the difference between the tax paid by the manufacturer, producer, or importer on his sale of the article and the tax made applicable to the article on such date if certain conditions were met.