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1040ez Form

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1040ez Form

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The 1040ez Form

1040ez form 1. 1040ez form   Fuel Taxes Table of Contents Definitions Information Returns Registration RequirementsAdditional information. 1040ez form 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. 1040ez form Reseller statement. 1040ez form Other Fuels (Including Alternative Fuels)Taxable Events Compressed Natural Gas (CNG)Taxable Events Fuels Used on Inland WaterwaysFishing vessels. 1040ez form Deep-draft ocean-going vessels. 1040ez form Passenger vessels. 1040ez form Ocean-going barges. 1040ez form State or local governments. 1040ez form 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. 1040ez form Gasoline, including aviation gasoline and gasoline blendstocks. 1040ez form Diesel fuel, including dyed diesel fuel. 1040ez form Diesel-water fuel emulsion. 1040ez form Kerosene, including dyed kerosene and kerosene used in aviation. 1040ez form Other Fuels (including alternative fuels). 1040ez form Compressed natural gas (CNG). 1040ez form Fuels used in commercial transportation on inland waterways. 1040ez form Any liquid used in a fractional ownership program aircraft as fuel. 1040ez form The following terms are used throughout the discussion of fuel taxes. 1040ez form Other terms are defined in the discussion of the specific fuels to which they pertain. 1040ez form Agri-biodiesel. 1040ez form   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. 1040ez form Approved terminal or refinery. 1040ez form   This is a terminal operated by a registrant that is a terminal operator or a refinery operated by a registrant that is a refiner. 1040ez form Biodiesel. 1040ez form   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. 1040ez form Blended taxable fuel. 1040ez form   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. 1040ez form 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. 1040ez form Blender. 1040ez form   This is the person that produces blended taxable fuel. 1040ez form Bulk transfer. 1040ez form   This is the transfer of taxable fuel by pipeline or vessel. 1040ez form Bulk transfer/terminal system. 1040ez form   This is the taxable fuel distribution system consisting of refineries, pipelines, vessels, and terminals. 1040ez form 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. 1040ez form Cellulosic biofuel. 1040ez form   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. 1040ez form Cellulosic biofuel does not include any alcohol with a proof of less than 150 (without regard to denaturants). 1040ez form 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. 1040ez form Also see Second generation biofuel below. 1040ez form Diesel-water fuel emulsion. 1040ez form   A diesel-water fuel emulsion means an emulsion at least 14% of which is water. 1040ez form 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. 1040ez form Dry lease aircraft exchange. 1040ez form   See later, under Surtax on any liquid used in a fractional ownership program aircraft as fuel. 1040ez form Enterer. 1040ez form   This is the importer of record (under customs law) for the taxable fuel. 1040ez form 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. 1040ez form If there is no importer of record, the owner at the time of entry into the United States is the enterer. 1040ez form Entry. 1040ez form   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. 1040ez form This does not apply to fuel brought into Puerto Rico (which is part of the U. 1040ez form S. 1040ez form customs territory), but does apply to fuel brought into the United States from Puerto Rico. 1040ez form Fractional ownership aircraft program and fractional program aircraft. 1040ez form   See later, under Surtax on any liquid used in a fractional ownership program aircraft as fuel. 1040ez form Measurement of taxable fuel. 1040ez form   Volumes of taxable fuel can be measured on the basis of actual volumetric gallons or gallons adjusted to 60 degrees Fahrenheit. 1040ez form Other fuels. 1040ez form   See Other Fuels (Including Alternative Fuels), later, and Alternative Fuel Credit and Alternative Fuel Mixture Credit in chapter 2. 1040ez form Pipeline operator. 1040ez form   This is the person that operates a pipeline within the bulk transfer/terminal system. 1040ez form Position holder. 1040ez form   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. 1040ez form 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. 1040ez form A terminal operator that owns taxable fuel in its terminal is a position holder. 1040ez form Rack. 1040ez form   This is a mechanism capable of delivering fuel into a means of transport other than a pipeline or vessel. 1040ez form Refiner. 1040ez form   This is any person that owns, operates, or otherwise controls a refinery. 1040ez form Refinery. 1040ez form   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. 1040ez form However, this term does not include a facility where only blended fuel, and no other type of fuel, is produced. 1040ez form For this purpose, blended fuel is any mixture that would be blended taxable fuel if produced outside the bulk transfer/terminal system. 1040ez form Registrant. 1040ez form   This is a taxable fuel registrant (see Registration Requirements, later). 1040ez form Removal. 1040ez form   This is any physical transfer of taxable fuel. 1040ez form It also means any use of taxable fuel other than as a material in the production of taxable fuel or Other Fuels. 1040ez form However, taxable fuel is not removed when it evaporates or is otherwise lost or destroyed. 1040ez form Renewable diesel. 1040ez form   See Renewable Diesel Credits in chapter 2. 1040ez form Sale. 1040ez form   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. 1040ez form 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. 1040ez form Second generation biofuel. 1040ez form   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. 1040ez form S. 1040ez form C. 1040ez form 7545). 1040ez form It also includes certain liquid fuel which is derived by, or from, any cultivated algae, cyanobacteria, or lemna. 1040ez form It is not alcohol of less than 150 proof (disregard any added denaturants). 1040ez form See Form 6478 for more information. 1040ez form State. 1040ez form   This includes any state, any of its political subdivisions, the District of Columbia, and the American Red Cross. 1040ez form An Indian tribal government is treated as a state only if transactions involve the exercise of an essential tribal government function. 1040ez form Taxable fuel. 1040ez form   This means gasoline, diesel fuel, and kerosene. 1040ez form Terminal. 1040ez form   This is a storage and distribution facility supplied by pipeline or vessel, and from which taxable fuel may be removed at a rack. 1040ez form 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. 1040ez form 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. 1040ez form Terminal operator. 1040ez form   This is any person that owns, operates, or otherwise controls a terminal. 1040ez form Throughputter. 1040ez form   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). 1040ez form Vessel operator. 1040ez form   This is the person that operates a vessel within the bulk transfer/terminal system. 1040ez form However, vessel does not include a deep draft ocean-going vessel. 1040ez form Information Returns Form 720-TO and Form 720-CS are information returns used to report monthly receipts and disbursements of liquid products. 1040ez form A liquid product is any liquid transported into storage at a terminal or delivered out of a terminal. 1040ez form For a list of products, see the product code table in the Instructions for Forms 720-TO and 720-CS. 1040ez form The returns are due the last day of the month following the month in which the transaction occurs. 1040ez form Generally, these returns can be filed on paper or electronically. 1040ez form For information on filing electronically, see Publication 3536, Motor Fuel Excise Tax EDI Guide. 1040ez form Publication 3536 is only available on the IRS website. 1040ez form Form 720-TO. 1040ez form   This information return is used by terminal operators to report receipts and disbursements of all liquid products to and from all approved terminals. 1040ez form Each terminal operator must file a separate form for each approved terminal. 1040ez form Form 720-CS. 1040ez form   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. 1040ez form Registration Requirements The following discussion applies to excise tax registration requirements for activities relating to fuels only. 1040ez form See Form 637 for other persons who must register and for more information about registration. 1040ez form Persons that are required to be registered. 1040ez form   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. 1040ez form Persons that may register. 1040ez form   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. 1040ez form Ultimate vendors, credit card issuers, and alternative fuel claimants do not need to be registered to buy or sell fuel. 1040ez form However, they must be registered to file claims for certain sales and uses of fuel. 1040ez form See Form 637 for more information. 1040ez form Taxable fuel registrant. 1040ez form   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. 1040ez form The term registrant as used in the discussions of these fuels means a taxable fuel registrant. 1040ez form Additional information. 1040ez form   See the Form 637 instructions for the information you must submit when you apply for registration. 1040ez form Failure to register. 1040ez form   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. 1040ez form Gasoline and Aviation Gasoline Gasoline. 1040ez form   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. 1040ez form 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. 1040ez form Gasoline also includes gasoline blendstocks, discussed later. 1040ez form Aviation gasoline. 1040ez form   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. 1040ez form Taxable Events The tax on gasoline is $. 1040ez form 184 per gallon. 1040ez form The tax on aviation gasoline is $. 1040ez form 194 per gallon. 1040ez form When used in a fractional ownership program aircraft, gasoline also is subject to a surtax of $. 1040ez form 141 per gallon. 1040ez form See Surtax on any liquid used in a fractional ownership program aircraft as fuel, later. 1040ez form Tax is imposed on the removal, entry, or sale of gasoline. 1040ez form Each of these events is discussed later. 1040ez form Also, see the special rules that apply to gasoline blendstocks, later. 1040ez form If the tax is paid on the gasoline in more than one event, a refund may be allowed for the “second” tax paid. 1040ez form See Refunds of Second Tax in chapter 2. 1040ez form Removal from terminal. 1040ez form   All removals of gasoline at a terminal rack are taxable. 1040ez form The position holder for that gasoline is liable for the tax. 1040ez form Two-party exchanges. 1040ez form   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. 1040ez form 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. 1040ez form 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. 1040ez form The exchange transaction occurs before or at the same time as removal across the rack by the receiving person. 1040ez form 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. 1040ez form The transaction is subject to a written contract. 1040ez form Terminal operator's liability. 1040ez form   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. 1040ez form   However, a terminal operator meeting all the following conditions at the time of the removal will not be liable for the tax. 1040ez form The terminal operator is a registrant. 1040ez form The terminal operator has an unexpired notification certificate (discussed later) from the position holder. 1040ez form The terminal operator has no reason to believe any information on the certificate is false. 1040ez form Removal from refinery. 1040ez form   The removal of gasoline from a refinery is taxable if the removal meets either of the following conditions. 1040ez form 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. 1040ez form It is made at the refinery rack. 1040ez form The refiner is liable for the tax. 1040ez form Exception. 1040ez form   The tax does not apply to a removal of gasoline at the refinery rack if all the following requirements are met. 1040ez form The gasoline is removed from an approved refinery not served by pipeline (other than for receiving crude oil) or vessel. 1040ez form The gasoline is received at a facility operated by a registrant and located within the bulk transfer/terminal system. 1040ez form The removal from the refinery is by railcar. 1040ez form The same person operates the refinery and the facility at which the gasoline is received. 1040ez form Entry into the United States. 1040ez form   The entry of gasoline into the United States is taxable if the entry meets either of the following conditions. 1040ez form It is made by bulk transfer and the enterer or the operator of the pipeline or vessel is not a registrant. 1040ez form It is not made by bulk transfer. 1040ez form The enterer is liable for the tax. 1040ez form Importer of record's liability. 1040ez form   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. 1040ez form   However, an importer of record meeting both of the following conditions at the time of the entry will not be liable for the tax. 1040ez form The importer of record has an unexpired notification certificate (discussed later) from the enterer. 1040ez form The importer of record has no reason to believe any information in the certificate is false. 1040ez form Customs bond. 1040ez form   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. 1040ez form Removal from a terminal by unregistered position holder or unregistered pipeline or vessel operator. 1040ez form   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. 1040ez form The position holder is liable for the tax. 1040ez form The terminal operator is jointly and severally liable for the tax if the position holder is a person other than the terminal operator. 1040ez form However, see Terminal operator's liability under Removal from terminal, earlier, for an exception. 1040ez form Bulk transfers not received at approved terminal or refinery. 1040ez form   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. 1040ez form No tax was previously imposed (as discussed earlier) on any of the following events. 1040ez form The removal from the refinery. 1040ez form The entry into the United States. 1040ez form The removal from a terminal by an unregistered position holder. 1040ez form Upon removal from the pipeline or vessel, the gasoline is not received at an approved terminal or refinery (or at another pipeline or vessel). 1040ez form   The owner of the gasoline when it is removed from the pipeline or vessel is liable for the tax. 1040ez form However, an owner meeting all the following conditions at the time of the removal will not be liable for the tax. 1040ez form The owner is a registrant. 1040ez form The owner has an unexpired notification certificate (discussed later) from the operator of the terminal or refinery where the gasoline is received. 1040ez form The owner has no reason to believe any information on the certificate is false. 1040ez form The operator of the facility where the gasoline is received is liable for the tax if the owner meets these conditions. 1040ez form The operator is jointly and severally liable if the owner does not meet these conditions. 1040ez form Sales to unregistered person. 1040ez form   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. 1040ez form   The seller is liable for the tax. 1040ez form However, a seller meeting all the following conditions at the time of the sale will not be liable for the tax. 1040ez form   The seller is a registrant. 1040ez form The seller has an unexpired notification certificate (discussed later) from the buyer. 1040ez form The seller has no reason to believe any information on the certificate is false. 1040ez form The buyer of the gasoline is liable for the tax if the seller meets these conditions. 1040ez form The buyer is jointly and severally liable if the seller does not meet these conditions. 1040ez form Exception. 1040ez form   The tax does not apply to a sale if all of the following apply. 1040ez form The buyer's principal place of business is not in the United States. 1040ez form The sale occurs as the fuel is delivered into a transport vessel with a capacity of at least 20,000 barrels of fuel. 1040ez form The seller is a registrant and the exporter of record. 1040ez form The fuel was exported. 1040ez form Removal or sale of blended gasoline. 1040ez form   The removal or sale of blended gasoline by the blender is taxable. 1040ez form See Blended taxable fuel under Definitions, earlier. 1040ez form   The blender is liable for the tax. 1040ez form The tax is figured on the number of gallons not previously subject to the tax on gasoline. 1040ez form   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. 1040ez form See Form 720 to report this tax. 1040ez form You also must be registered with the IRS as a blender. 1040ez form See Form 637. 1040ez form   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. 1040ez form Notification certificate. 1040ez form   The notification certificate is used to notify a person of the registration status of the registrant. 1040ez form A copy of the registrant's letter of registration cannot be used as a notification certificate. 1040ez form A model notification certificate is shown in the Appendix as Model Certificate C. 1040ez form A notification certificate must contain all information necessary to complete the model. 1040ez form   The certificate may be included as part of any business records normally used for a sale. 1040ez form 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. 1040ez form The registrant must provide a new certificate if any information on a certificate has changed. 1040ez form Additional persons liable. 1040ez form   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. 1040ez form Gasoline Blendstocks Gasoline blendstocks may be subject to $. 1040ez form 001 per gallon LUST tax as discussed below. 1040ez form Gasoline includes gasoline blendstocks. 1040ez form The previous discussions apply to these blendstocks. 1040ez form However, if certain conditions are met, the removal, entry, or sale of gasoline blendstocks are taxed at $. 1040ez form 001 per gallon or are not subject to the excise tax. 1040ez form Blendstocks. 1040ez form   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. 1040ez form   However, gasoline blendstocks do not include any product that cannot be used without further processing in the production of finished gasoline. 1040ez form Not used to produce finished gasoline. 1040ez form   Gasoline blendstocks not used to produce finished gasoline are not taxable (other than LUST) if the following conditions are met. 1040ez form Removals and entries not connected to sale. 1040ez form   Nonbulk removals and entries are not taxable if the person otherwise liable for the tax (position holder, refiner, or enterer) is a registrant. 1040ez form Removals and entries connected to sale. 1040ez form   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. 1040ez form The person has an unexpired certificate (discussed later) from the buyer. 1040ez form The person has no reason to believe any information in the certificate is false. 1040ez form Sales after removal or entry. 1040ez form   The sale of a gasoline blendstock that was not subject to tax on its nonbulk removal or entry, as discussed earlier, is taxable. 1040ez form The seller is liable for the tax. 1040ez form However, the sale is not taxable if, at the time of the sale, the seller meets the following requirements. 1040ez form The seller has an unexpired certificate (discussed next) from the buyer. 1040ez form The seller has no reason to believe any information in the certificate is false. 1040ez form Certificate of buyer. 1040ez form   The certificate from the buyer certifies the gasoline blendstocks will not be used to produce finished gasoline. 1040ez form The certificate may be included as part of any business records normally used for a sale. 1040ez form A model certificate is shown in the Appendix as Model Certificate D. 1040ez form The certificate must contain all information necessary to complete the model. 1040ez form   A certificate expires on the earliest of the following dates. 1040ez form The date 1 year after the effective date (not earlier than the date signed) of the certificate. 1040ez form The date a new certificate is provided to the seller. 1040ez form The date the seller is notified that the buyer's right to provide a certificate has been withdrawn. 1040ez form The buyer must provide a new certificate if any information on a certificate has changed. 1040ez form   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. 1040ez form Received at approved terminal or refinery. 1040ez form   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. 1040ez form The person is a registrant. 1040ez form The person has an unexpired notification certificate (discussed earlier) from the operator of the terminal or refinery where the gasoline blendstocks are received. 1040ez form The person has no reason to believe any information on the certificate is false. 1040ez form Bulk transfers to registered industrial user. 1040ez form   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. 1040ez form 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. 1040ez form Credits or Refunds. 1040ez form   A credit or refund of the gasoline tax may be allowable if gasoline is used for a nontaxable purpose or exempt use. 1040ez form For more information, see chapter 2. 1040ez form Diesel Fuel and Kerosene Generally, diesel fuel and kerosene are taxed in the same manner as gasoline (discussed earlier). 1040ez form 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. 1040ez form 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. 1040ez form 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. 1040ez form A liquid may possess this practical and commercial fitness even though the specified use is not the predominant use of the liquid. 1040ez form 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. 1040ez form Diesel fuel does not include gasoline, kerosene, excluded liquid, No. 1040ez form 5 and No. 1040ez form 6 fuel oils covered by ASTM specification D396, or F-76 (Fuel Naval Distillate) covered by military specification MIL-F-16884. 1040ez form An excluded liquid is either of the following. 1040ez form A liquid that contains less than 4% normal paraffins. 1040ez form A liquid with all the following properties. 1040ez form Distillation range of 125 degrees Fahrenheit or less. 1040ez form Sulfur content of 10 ppm or less. 1040ez form Minimum color of +27 Saybolt. 1040ez form Transmix means a by-product of refined products created by the mixing of different specification products during pipeline transportation. 1040ez form Kerosene. 1040ez form   This means any of the following liquids. 1040ez form One of the two grades of kerosene (No. 1040ez form 1-K and No. 1040ez form 2-K) covered by ASTM specification D3699. 1040ez form 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). 1040ez form See Kerosene for Use in Aviation, later. 1040ez form   However, kerosene does not include excluded liquid, discussed earlier. 1040ez form   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. 1040ez form Diesel-powered highway vehicle. 1040ez form   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. 1040ez form Specially designed mobile machinery for nontransportation functions and vehicles specially designed for off-highway transportation are generally not considered diesel-powered highway vehicles. 1040ez form For more information about these vehicles and for information about vehicles not considered highway vehicles, see Off-Highway Business Use (No. 1040ez form 2) in chapter 2. 1040ez form Diesel-powered train. 1040ez form   This is any diesel-powered equipment or machinery that rides on rails. 1040ez form The term includes a locomotive, work train, switching engine, and track maintenance machine. 1040ez form Taxable Events The tax on diesel fuel and kerosene is $. 1040ez form 244 per gallon. 1040ez form It is imposed on the removal, entry, or sale of diesel fuel and kerosene. 1040ez form Each of these events is discussed later. 1040ez form Only the $. 1040ez form 001 LUST tax applies to dyed diesel fuel and dyed kerosene, discussed later. 1040ez form 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. 1040ez form See Refunds of Second Tax in chapter 2. 1040ez form Use in certain intercity and local buses. 1040ez form   Dyed diesel fuel and dyed kerosene cannot be used in certain intercity and local buses. 1040ez form A claim for $. 1040ez form 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. 1040ez form An intercity or local bus is a bus engaged in furnishing (for compensation) passenger land transportation available to the general public. 1040ez form The bus must be engaged in one of the following activities. 1040ez form Scheduled transportation along regular routes regardless of the size of the bus. 1040ez form Nonscheduled transportation if the seating capacity of the bus is at least 20 adults (not including the driver). 1040ez form 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. 1040ez form Removal from terminal. 1040ez form   All removals of diesel fuel and kerosene at a terminal rack are taxable. 1040ez form The position holder for that fuel is liable for the tax. 1040ez form Two-party exchanges. 1040ez form   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. 1040ez form 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. 1040ez form 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. 1040ez form The exchange transaction occurs before or at the same time as completion of removal across the rack by the receiving person. 1040ez form 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. 1040ez form The transaction is subject to a written contract. 1040ez form Terminal operator's liability. 1040ez form   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). 1040ez form   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. 1040ez form 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. 1040ez form The terminal operator is a registrant. 1040ez form The terminal operator has an unexpired notification certificate (discussed under Gasoline) from the position holder. 1040ez form The terminal operator has no reason to believe any information on the certificate is false. 1040ez form Removal from refinery. 1040ez form   The removal of diesel fuel or kerosene from a refinery is taxable if the removal meets either of the following conditions. 1040ez form 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. 1040ez form It is made at the refinery rack. 1040ez form The refiner is liable for the tax. 1040ez form Exception. 1040ez form   The tax does not apply to a removal of diesel fuel or kerosene at the refinery rack if all the following conditions are met. 1040ez form The diesel fuel or kerosene is removed from an approved refinery not served by pipeline (other than for receiving crude oil) or vessel. 1040ez form The diesel fuel or kerosene is received at a facility operated by a registrant and located within the bulk transfer/terminal system. 1040ez form 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. 1040ez form Entry into the United States. 1040ez form   The entry of diesel fuel or kerosene into the United States is taxable if the entry meets either of the following conditions. 1040ez form It is made by bulk transfer and the enterer or the operator of the pipeline or vessel is not a registrant. 1040ez form It is not made by bulk transfer. 1040ez form The enterer is liable for the tax. 1040ez form Importer of record's liability. 1040ez form   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. 1040ez form   However, an importer of record meeting both of the following conditions at the time of the entry will not be liable for the tax. 1040ez form The importer of record has an unexpired notification certificate (discussed under Gasoline) from the enterer. 1040ez form The importer of record has no reason to believe any information in the certificate is false. 1040ez form Customs bond. 1040ez form   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. 1040ez form Removal from a terminal by unregistered position holder or unregistered pipeline or vessel operator. 1040ez form   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. 1040ez form The position holder is liable for the tax. 1040ez form The terminal operator is jointly and severally liable for the tax if the position holder is a person other than the terminal operator. 1040ez form However, see Terminal operator's liability under Removal from terminal, earlier, for an exception. 1040ez form Bulk transfers not received at approved terminal or refinery. 1040ez form   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. 1040ez form No tax was previously imposed (as discussed earlier) on any of the following events. 1040ez form The removal from the refinery. 1040ez form The entry into the United States. 1040ez form The removal from a terminal by an unregistered position holder. 1040ez form 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). 1040ez form   The owner of the diesel fuel or kerosene when it is removed from the pipeline or vessel is liable for the tax. 1040ez form However, an owner meeting all the following conditions at the time of the removal will not be liable for the tax. 1040ez form The owner is a registrant. 1040ez form 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. 1040ez form The owner has no reason to believe any information on the certificate is false. 1040ez form The operator of the facility where the diesel fuel or kerosene is received is liable for the tax if the owner meets these conditions. 1040ez form The operator is jointly and severally liable if the owner does not meet these conditions. 1040ez form Sales to unregistered person. 1040ez form   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. 1040ez form   The seller is liable for the tax. 1040ez form However, a seller meeting all the following conditions at the time of the sale will not be liable for the tax. 1040ez form The seller is a registrant. 1040ez form The seller has an unexpired notification certificate (discussed under Gasoline) from the buyer. 1040ez form The seller has no reason to believe any information on the certificate is false. 1040ez form The buyer of the diesel fuel or kerosene is liable for the tax if the seller meets these conditions. 1040ez form The buyer is jointly and severally liable if the seller does not meet these conditions. 1040ez form Exception. 1040ez form   The tax does not apply to a sale if all of the following apply. 1040ez form The buyer's principal place of business is not in the United States. 1040ez form The sale occurs as the fuel is delivered into a transport vessel with a capacity of at least 20,000 barrels of fuel. 1040ez form The seller is a registrant and the exporter of record. 1040ez form The fuel was exported. 1040ez form Removal or sale of blended diesel fuel or kerosene. 1040ez form   The removal or sale of blended diesel fuel or blended kerosene by the blender is taxable. 1040ez form Blended taxable fuel produced using biodiesel is subject to the tax. 1040ez form See Blended taxable fuel under Definitions, earlier. 1040ez form   The blender is liable for the tax. 1040ez form The tax is figured on the number of gallons not previously subject to the tax. 1040ez form   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. 1040ez form Generally, the biodiesel mixture must be diesel fuel (defined earlier). 1040ez form See Form 720 to report this tax. 1040ez form You also must be registered by the IRS as a blender. 1040ez form See Form 637 for more information. 1040ez form   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. 1040ez form Additional persons liable. 1040ez form   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. 1040ez form Credits or Refunds. 1040ez form   A credit or refund is allowable for the tax on undyed diesel fuel or undyed kerosene used for a nontaxable use. 1040ez form For more information, see chapter 2. 1040ez form Dyed Diesel Fuel and Dyed Kerosene Dyed diesel fuel and dyed kerosene are subject to $. 1040ez form 001 per gallon LUST tax as discussed below, unless the fuel is for export. 1040ez form 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. 1040ez form The person otherwise liable for tax (for example, the position holder) is a registrant. 1040ez form In the case of a removal from a terminal, the terminal is an approved terminal. 1040ez form The diesel fuel or kerosene satisfies the dyeing requirements (described next). 1040ez form Dyeing requirements. 1040ez form   Diesel fuel or kerosene satisfies the dyeing requirements only if it satisfies the following requirements. 1040ez form It contains the dye Solvent Red 164 (and no other dye) at a concentration spectrally equivalent to at least 3. 1040ez form 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. 1040ez form Is indelibly dyed by mechanical injection. 1040ez form See section 6 of Notice 2005-80 for transition rules that apply until final regulations are issued by the IRS. 1040ez form Notice required. 1040ez form   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. 1040ez form   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. 1040ez form   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). 1040ez form That seller is subject to the penalty described next. 1040ez form Penalty. 1040ez form   A penalty is imposed on a person if any of the following situations apply. 1040ez form 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. 1040ez form 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. 1040ez form The person willfully alters, chemically or otherwise, or attempts to so alter, the strength or composition of any dye in dyed fuel. 1040ez form 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. 1040ez form   The penalty is the greater of $1,000 or $10 per gallon of the dyed diesel fuel or dyed kerosene involved. 1040ez form After the first violation, the $1,000 portion of the penalty increases depending on the number of violations. 1040ez form   This penalty is in addition to any tax imposed on the fuel. 1040ez form   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. 1040ez form   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. 1040ez form   If you are liable for the penalty, you may also be liable for the back-up tax, discussed later. 1040ez form However, the penalty applies only to dyed diesel fuel and dyed kerosene, while the back-up tax may apply to other fuels. 1040ez form 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. 1040ez form Exception to penalty. 1040ez form   The penalty under item (3) will not apply in any of the following situations. 1040ez form Diesel fuel or kerosene meeting the dyeing requirements (described earlier) is blended with any undyed liquid and the resulting product meets the dyeing requirements. 1040ez form 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. 1040ez form The alteration or attempted alteration occurs in an exempt area of Alaska. 1040ez form See Removal for sale or use in Alaska, later. 1040ez form 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. 1040ez form Alaska and Feedstocks Tax of $. 1040ez form 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). 1040ez form Undyed kerosene used for feedstock purposes. 1040ez form Removal for sale or use in Alaska. 1040ez form   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. 1040ez form The removal or entry of any diesel fuel or kerosene is not taxed if all the following requirements are satisfied. 1040ez form 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. 1040ez form In the case of a removal from a terminal, the terminal is an approved terminal. 1040ez form 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. 1040ez form   If all three of the requirements above are not met, then tax is imposed at $. 1040ez form 244 per gallon. 1040ez form   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. 1040ez form Satisfactory evidence may include copies of qualified dealer licenses or exemption certificates obtained for state tax purposes. 1040ez form Later sales. 1040ez form   The excise tax applies to diesel fuel or kerosene sold by a qualified dealer after the removal or entry. 1040ez form The tax is imposed at the time of the sale and the qualified dealer is liable for the tax. 1040ez form However, the sale is not taxable (other than the LUST tax at $. 1040ez form 001 per gallon) if all the following requirements are met. 1040ez form The fuel is sold in Alaska for certain nontaxable uses. 1040ez form The buyer buys the fuel for its own use in a nontaxable use or is a qualified dealer. 1040ez form The seller can show satisfactory evidence of the nontaxable nature of the transaction and has no reason to believe the evidence is false. 1040ez form Feedstock purposes. 1040ez form   The $. 1040ez form 001 per gallon LUST tax is imposed on the removal or entry of undyed kerosene if all the following conditions are met. 1040ez form The person otherwise liable for tax (position holder, refiner, or enterer) is a registrant. 1040ez form In the case of a removal from a terminal, the terminal is an approved terminal. 1040ez form 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. 1040ez form   If all of the requirements above are not met, then tax is imposed at $. 1040ez form 244 per gallon. 1040ez form   Kerosene is used for a feedstock purpose when it is used for nonfuel purposes in the manufacture or production of any substance other than gasoline, diesel fuel, or Other Fuels. 1040ez form For example, kerosene is used for a feedstock purpose when it is used as an ingredient in the production of paint, but is not used for a feedstock purpose when it is used to power machinery at a factory where paint is produced. 1040ez form A feedstock user is a person that uses kerosene for a feedstock purpose. 1040ez form A registered feedstock user is a person that has been registered by the IRS as a feedstock user. 1040ez form See Registration Requirements, earlier. 1040ez form Later sales. 1040ez form   The excise tax ($. 1040ez form 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. 1040ez form The tax is imposed at the time of the later sale and that seller is liable for the tax. 1040ez form Certificate. 1040ez form   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. 1040ez form The certificate may be included as part of any business records normally used for a sale. 1040ez form A model certificate is shown in the Appendix as Model Certificate G. 1040ez form Your certificate must contain all information necessary to complete the model. 1040ez form   A certificate expires on the earliest of the following dates. 1040ez form The date 1 year after the effective date (not earlier than the date signed) of the certificate. 1040ez form The date the seller is provided a new certificate or notice that the current certificate is invalid. 1040ez form The date the seller is notified the buyer's registration has been revoked or suspended. 1040ez form   The buyer must provide a new certificate if any information on a certificate has changed. 1040ez form 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. 1040ez form Any dyed diesel fuel or dyed kerosene for other than a nontaxable use. 1040ez form Any undyed diesel fuel or undyed kerosene on which a credit or refund (for fuel used for a nontaxable purpose) has been allowed. 1040ez form Any liquid other than gasoline, diesel fuel, or kerosene. 1040ez form Generally, this back-up tax is imposed at a rate of $. 1040ez form 244 per gallon. 1040ez form Liability for tax. 1040ez form   Generally, the operator of the vehicle into which the fuel is delivered is liable for the tax. 1040ez form 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. 1040ez form Exemptions from the back-up tax. 1040ez form   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. 1040ez form   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. 1040ez form 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. 1040ez form A reduced tax rate of $. 1040ez form 198 per gallon is imposed on a diesel-water fuel emulsion. 1040ez form 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. 1040ez form 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 $. 1040ez form 244 per gallon. 1040ez form Credits or refunds. 1040ez form   The allowance for a credit or refund on a diesel-water fuel emulsion is discussed in chapter 2. 1040ez form Kerosene for Use in Aviation Taxable Events Generally, kerosene is taxed at $. 1040ez form 244 per gallon unless a reduced rate applies (see Diesel Fuel and Kerosene, earlier). 1040ez form For kerosene removed directly from a terminal into the fuel tank of an aircraft for use in noncommercial aviation, the tax rate is $. 1040ez form 219. 1040ez form The rate of $. 1040ez form 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. 1040ez form The airport terminal does not need to be a secured airport terminal for this rate to apply. 1040ez form 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. 1040ez form For kerosene removed directly into the fuel tank of an aircraft for use in commercial aviation, the rate of tax is $. 1040ez form 044 per gallon. 1040ez form For kerosene removed into an aircraft from a qualified refueler truck, tanker, or tank wagon, the $. 1040ez form 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. 1040ez form See Terminal located within a secured area of an airport, later. 1040ez form In addition, the operator must provide the position holder with a certificate similar to Model Certificate K in the Appendix. 1040ez form 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 $. 1040ez form 001. 1040ez form There is no tax on kerosene removed directly into the fuel tank of an aircraft for use in foreign trade. 1040ez form 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. 1040ez form See Terminal located within a secured area of an airport, later. 1040ez form In addition, the operator must provide the position holder with a certificate similar to Model Certificate K in the Appendix. 1040ez form The position holder is liable for the $. 1040ez form 001 per gallon tax. 1040ez form For kerosene removed directly from a terminal into the fuel tank of an fractional ownership program aircraft after March 31, 2012, a surtax of $. 1040ez form 141 per gallon applies. 1040ez form Certain refueler trucks, tankers, and tank wagons treated as terminals. 1040ez form   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. 1040ez form Such terminal is located within an area of an airport. 1040ez form 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. 1040ez form 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. 1040ez form 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. 1040ez form Information reporting will be required by terminal operators regarding this provision. 1040ez form 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. 1040ez form Terminal located within a secured area of an airport. 1040ez form   See Notice 2005-4 and Notice 2005-80 for the list of terminals located within a secured area of an airport. 1040ez form 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. 1040ez form 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 $. 1040ez form 044 per gallon. 1040ez form 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). 1040ez form For example, for kerosene removed directly into the aircraft for use in military aircraft, the position holder is liable for the tax. 1040ez form For the aircraft operator to be liable for the tax $. 1040ez form 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. 1040ez form Commercial aviation. 1040ez form   Commercial aviation is any use of an aircraft in the business of transporting persons or property by air for pay. 1040ez form However, commercial aviation does not include any of the following uses. 1040ez form Any use exclusively for the purpose of skydiving. 1040ez form Certain air transportation by seaplane. 1040ez form See Seaplanes under Transportation of Persons by Air in chapter 4. 1040ez form Any use of an aircraft owned or leased by a member of an affiliated group and unavailable for hire by nonmembers. 1040ez form For more information, see Aircraft used by affiliated corporations under Special Rules on Transportation Taxes in chapter 4. 1040ez form 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. 1040ez form For more information, see Small aircraft under Special Rules on Transportation Taxes in chapter 4. 1040ez form Any use where the surtax on fuel used in a fractional ownership program aircraft is imposed. 1040ez form See Surtax on any liquid used in a fractional ownership program aircraft as fuel below. 1040ez form 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 $. 1040ez form 141 per gallon. 1040ez form The fractional ownership program manager is liable for the tax. 1040ez form The surtax applies in addition to any other taxes imposed on the removal, entry, use, or sale of the fuel. 1040ez form If the surtax is imposed, the following air transportation taxes do not apply. 1040ez form Transportation of persons by air. 1040ez form Transportation of property by air. 1040ez form Use of international air travel facilities. 1040ez form These taxes are described under Air Transportation Taxes, later. 1040ez form 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. 1040ez form 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. 1040ez form Fractional program aircraft. 1040ez form   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. 1040ez form S. 1040ez form   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. 1040ez form In such situations, the flight is not commercial aviation. 1040ez form Instead, the tax on the fuel used in the flight is imposed at the non-commercial aviation rate. 1040ez form Fractional owner. 1040ez form   Any person owning any interest (including the entire interest) in a fractional program aircraft. 1040ez form Dry lease aircraft exchange. 1040ez form   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. 1040ez form Special rule relating to deadhead service. 1040ez form   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. 1040ez form More information. 1040ez form   See section 4043 for more information on the surtax. 1040ez form 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. 1040ez form Certificate. 1040ez form   The certificate may be included as part of any business records normally used for a sale. 1040ez form See Model Certificate K in the Appendix. 1040ez form   A certificate expires on the earliest of the following dates. 1040ez form The date 1 year after the effective date (not earlier than the date signed) of the certificate. 1040ez form The date the buyer provides the seller a new certificate or notice that the current certificate is invalid. 1040ez form The date the IRS or the buyer notifies the seller that the buyer's right to provide a certificate has been withdrawn. 1040ez form   The buyer must provide a new certificate if any information on a certificate has changed. 1040ez form   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. 1040ez form Exempt use. 1040ez form   The rate on kerosene for use in aviation is $. 1040ez form 001 (LUST tax) if it is removed from any refinery or terminal directly into the fuel tank of an aircraft for an exempt use. 1040ez form An exempt use includes kerosene for the exclusive use of a state or local government. 1040ez form There is no tax on kerosene removed directly into the fuel tank of an aircraft for use in foreign trade. 1040ez form Flash title transaction. 1040ez form   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. 1040ez form 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. 1040ez form 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. 1040ez form Reseller statement. 1040ez form   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. 1040ez form Credits or Refunds. 1040ez form   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). 1040ez form A claim may be made by a registered ultimate vendor for certain sales. 1040ez form For more information, see chapter 2. 1040ez form Other Fuels (Including Alternative Fuels) Other Fuels means any liquid except gas oil, fuel oil, or any product taxable under section 4081. 1040ez form Other Fuels include alternative fuels. 1040ez form 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. 1040ez form Liquefied petroleum gas includes propane, butane, pentane, or mixtures of those products. 1040ez form Qualified methanol and ethanol fuels. 1040ez form   Qualified ethanol and methanol means any liquid at least 85 percent of which consists of alcohol produced from coal, including peat. 1040ez form The tax rates are listed in the Instructions for Form 720. 1040ez form Partially exempt methanol and ethanol fuels. 1040ez form   A reduced tax rate applies to these fuels. 1040ez form Partially exempt ethanol and methanol means any liquid at least 85 percent of which consists of alcohol produced from natural gas. 1040ez form The tax rates are listed in the Instructions for Form 720. 1040ez form Motor vehicles. 1040ez form   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. 1040ez form They are propelled by a motor. 1040ez form They are designed for carrying or towing loads from one place to another, regardless of the type of material or load carried or t