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Need 2009 Taxes

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Need 2009 Taxes

Need 2009 taxes 1. Need 2009 taxes   Fuel Taxes Table of Contents Definitions Information Returns Registration RequirementsAdditional information. Need 2009 taxes 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. Need 2009 taxes Reseller statement. Need 2009 taxes Other Fuels (Including Alternative Fuels)Taxable Events Compressed Natural Gas (CNG)Taxable Events Fuels Used on Inland WaterwaysFishing vessels. Need 2009 taxes Deep-draft ocean-going vessels. Need 2009 taxes Passenger vessels. Need 2009 taxes Ocean-going barges. Need 2009 taxes State or local governments. Need 2009 taxes 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. Need 2009 taxes Gasoline, including aviation gasoline and gasoline blendstocks. Need 2009 taxes Diesel fuel, including dyed diesel fuel. Need 2009 taxes Diesel-water fuel emulsion. Need 2009 taxes Kerosene, including dyed kerosene and kerosene used in aviation. Need 2009 taxes Other Fuels (including alternative fuels). Need 2009 taxes Compressed natural gas (CNG). Need 2009 taxes Fuels used in commercial transportation on inland waterways. Need 2009 taxes Any liquid used in a fractional ownership program aircraft as fuel. Need 2009 taxes The following terms are used throughout the discussion of fuel taxes. Need 2009 taxes Other terms are defined in the discussion of the specific fuels to which they pertain. Need 2009 taxes Agri-biodiesel. Need 2009 taxes   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. Need 2009 taxes Approved terminal or refinery. Need 2009 taxes   This is a terminal operated by a registrant that is a terminal operator or a refinery operated by a registrant that is a refiner. Need 2009 taxes Biodiesel. Need 2009 taxes   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. Need 2009 taxes Blended taxable fuel. Need 2009 taxes   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. Need 2009 taxes 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. Need 2009 taxes Blender. Need 2009 taxes   This is the person that produces blended taxable fuel. Need 2009 taxes Bulk transfer. Need 2009 taxes   This is the transfer of taxable fuel by pipeline or vessel. Need 2009 taxes Bulk transfer/terminal system. Need 2009 taxes   This is the taxable fuel distribution system consisting of refineries, pipelines, vessels, and terminals. Need 2009 taxes 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. Need 2009 taxes Cellulosic biofuel. Need 2009 taxes   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. Need 2009 taxes Cellulosic biofuel does not include any alcohol with a proof of less than 150 (without regard to denaturants). Need 2009 taxes 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. Need 2009 taxes Also see Second generation biofuel below. Need 2009 taxes Diesel-water fuel emulsion. Need 2009 taxes   A diesel-water fuel emulsion means an emulsion at least 14% of which is water. Need 2009 taxes 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. Need 2009 taxes Dry lease aircraft exchange. Need 2009 taxes   See later, under Surtax on any liquid used in a fractional ownership program aircraft as fuel. Need 2009 taxes Enterer. Need 2009 taxes   This is the importer of record (under customs law) for the taxable fuel. Need 2009 taxes 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. Need 2009 taxes If there is no importer of record, the owner at the time of entry into the United States is the enterer. Need 2009 taxes Entry. Need 2009 taxes   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. Need 2009 taxes This does not apply to fuel brought into Puerto Rico (which is part of the U. Need 2009 taxes S. Need 2009 taxes customs territory), but does apply to fuel brought into the United States from Puerto Rico. Need 2009 taxes Fractional ownership aircraft program and fractional program aircraft. Need 2009 taxes   See later, under Surtax on any liquid used in a fractional ownership program aircraft as fuel. Need 2009 taxes Measurement of taxable fuel. Need 2009 taxes   Volumes of taxable fuel can be measured on the basis of actual volumetric gallons or gallons adjusted to 60 degrees Fahrenheit. Need 2009 taxes Other fuels. Need 2009 taxes   See Other Fuels (Including Alternative Fuels), later, and Alternative Fuel Credit and Alternative Fuel Mixture Credit in chapter 2. Need 2009 taxes Pipeline operator. Need 2009 taxes   This is the person that operates a pipeline within the bulk transfer/terminal system. Need 2009 taxes Position holder. Need 2009 taxes   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. Need 2009 taxes 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. Need 2009 taxes A terminal operator that owns taxable fuel in its terminal is a position holder. Need 2009 taxes Rack. Need 2009 taxes   This is a mechanism capable of delivering fuel into a means of transport other than a pipeline or vessel. Need 2009 taxes Refiner. Need 2009 taxes   This is any person that owns, operates, or otherwise controls a refinery. Need 2009 taxes Refinery. Need 2009 taxes   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. Need 2009 taxes However, this term does not include a facility where only blended fuel, and no other type of fuel, is produced. Need 2009 taxes For this purpose, blended fuel is any mixture that would be blended taxable fuel if produced outside the bulk transfer/terminal system. Need 2009 taxes Registrant. Need 2009 taxes   This is a taxable fuel registrant (see Registration Requirements, later). Need 2009 taxes Removal. Need 2009 taxes   This is any physical transfer of taxable fuel. Need 2009 taxes It also means any use of taxable fuel other than as a material in the production of taxable fuel or Other Fuels. Need 2009 taxes However, taxable fuel is not removed when it evaporates or is otherwise lost or destroyed. Need 2009 taxes Renewable diesel. Need 2009 taxes   See Renewable Diesel Credits in chapter 2. Need 2009 taxes Sale. Need 2009 taxes   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. Need 2009 taxes 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. Need 2009 taxes Second generation biofuel. Need 2009 taxes   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. Need 2009 taxes S. Need 2009 taxes C. Need 2009 taxes 7545). Need 2009 taxes It also includes certain liquid fuel which is derived by, or from, any cultivated algae, cyanobacteria, or lemna. Need 2009 taxes It is not alcohol of less than 150 proof (disregard any added denaturants). Need 2009 taxes See Form 6478 for more information. Need 2009 taxes State. Need 2009 taxes   This includes any state, any of its political subdivisions, the District of Columbia, and the American Red Cross. Need 2009 taxes An Indian tribal government is treated as a state only if transactions involve the exercise of an essential tribal government function. Need 2009 taxes Taxable fuel. Need 2009 taxes   This means gasoline, diesel fuel, and kerosene. Need 2009 taxes Terminal. Need 2009 taxes   This is a storage and distribution facility supplied by pipeline or vessel, and from which taxable fuel may be removed at a rack. Need 2009 taxes 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. Need 2009 taxes 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. Need 2009 taxes Terminal operator. Need 2009 taxes   This is any person that owns, operates, or otherwise controls a terminal. Need 2009 taxes Throughputter. Need 2009 taxes   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). Need 2009 taxes Vessel operator. Need 2009 taxes   This is the person that operates a vessel within the bulk transfer/terminal system. Need 2009 taxes However, vessel does not include a deep draft ocean-going vessel. Need 2009 taxes Information Returns Form 720-TO and Form 720-CS are information returns used to report monthly receipts and disbursements of liquid products. Need 2009 taxes A liquid product is any liquid transported into storage at a terminal or delivered out of a terminal. Need 2009 taxes For a list of products, see the product code table in the Instructions for Forms 720-TO and 720-CS. Need 2009 taxes The returns are due the last day of the month following the month in which the transaction occurs. Need 2009 taxes Generally, these returns can be filed on paper or electronically. Need 2009 taxes For information on filing electronically, see Publication 3536, Motor Fuel Excise Tax EDI Guide. Need 2009 taxes Publication 3536 is only available on the IRS website. Need 2009 taxes Form 720-TO. Need 2009 taxes   This information return is used by terminal operators to report receipts and disbursements of all liquid products to and from all approved terminals. Need 2009 taxes Each terminal operator must file a separate form for each approved terminal. Need 2009 taxes Form 720-CS. Need 2009 taxes   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. Need 2009 taxes Registration Requirements The following discussion applies to excise tax registration requirements for activities relating to fuels only. Need 2009 taxes See Form 637 for other persons who must register and for more information about registration. Need 2009 taxes Persons that are required to be registered. Need 2009 taxes   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. Need 2009 taxes Persons that may register. Need 2009 taxes   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. Need 2009 taxes Ultimate vendors, credit card issuers, and alternative fuel claimants do not need to be registered to buy or sell fuel. Need 2009 taxes However, they must be registered to file claims for certain sales and uses of fuel. Need 2009 taxes See Form 637 for more information. Need 2009 taxes Taxable fuel registrant. Need 2009 taxes   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. Need 2009 taxes The term registrant as used in the discussions of these fuels means a taxable fuel registrant. Need 2009 taxes Additional information. Need 2009 taxes   See the Form 637 instructions for the information you must submit when you apply for registration. Need 2009 taxes Failure to register. Need 2009 taxes   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. Need 2009 taxes Gasoline and Aviation Gasoline Gasoline. Need 2009 taxes   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. Need 2009 taxes 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. Need 2009 taxes Gasoline also includes gasoline blendstocks, discussed later. Need 2009 taxes Aviation gasoline. Need 2009 taxes   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. Need 2009 taxes Taxable Events The tax on gasoline is $. Need 2009 taxes 184 per gallon. Need 2009 taxes The tax on aviation gasoline is $. Need 2009 taxes 194 per gallon. Need 2009 taxes When used in a fractional ownership program aircraft, gasoline also is subject to a surtax of $. Need 2009 taxes 141 per gallon. Need 2009 taxes See Surtax on any liquid used in a fractional ownership program aircraft as fuel, later. Need 2009 taxes Tax is imposed on the removal, entry, or sale of gasoline. Need 2009 taxes Each of these events is discussed later. Need 2009 taxes Also, see the special rules that apply to gasoline blendstocks, later. Need 2009 taxes If the tax is paid on the gasoline in more than one event, a refund may be allowed for the “second” tax paid. Need 2009 taxes See Refunds of Second Tax in chapter 2. Need 2009 taxes Removal from terminal. Need 2009 taxes   All removals of gasoline at a terminal rack are taxable. Need 2009 taxes The position holder for that gasoline is liable for the tax. Need 2009 taxes Two-party exchanges. Need 2009 taxes   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. Need 2009 taxes 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. Need 2009 taxes 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. Need 2009 taxes The exchange transaction occurs before or at the same time as removal across the rack by the receiving person. Need 2009 taxes 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. Need 2009 taxes The transaction is subject to a written contract. Need 2009 taxes Terminal operator's liability. Need 2009 taxes   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. Need 2009 taxes   However, a terminal operator meeting all the following conditions at the time of the removal will not be liable for the tax. Need 2009 taxes The terminal operator is a registrant. Need 2009 taxes The terminal operator has an unexpired notification certificate (discussed later) from the position holder. Need 2009 taxes The terminal operator has no reason to believe any information on the certificate is false. Need 2009 taxes Removal from refinery. Need 2009 taxes   The removal of gasoline from a refinery is taxable if the removal meets either of the following conditions. Need 2009 taxes 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. Need 2009 taxes It is made at the refinery rack. Need 2009 taxes The refiner is liable for the tax. Need 2009 taxes Exception. Need 2009 taxes   The tax does not apply to a removal of gasoline at the refinery rack if all the following requirements are met. Need 2009 taxes The gasoline is removed from an approved refinery not served by pipeline (other than for receiving crude oil) or vessel. Need 2009 taxes The gasoline is received at a facility operated by a registrant and located within the bulk transfer/terminal system. Need 2009 taxes The removal from the refinery is by railcar. Need 2009 taxes The same person operates the refinery and the facility at which the gasoline is received. Need 2009 taxes Entry into the United States. Need 2009 taxes   The entry of gasoline into the United States is taxable if the entry meets either of the following conditions. Need 2009 taxes It is made by bulk transfer and the enterer or the operator of the pipeline or vessel is not a registrant. Need 2009 taxes It is not made by bulk transfer. Need 2009 taxes The enterer is liable for the tax. Need 2009 taxes Importer of record's liability. Need 2009 taxes   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. Need 2009 taxes   However, an importer of record meeting both of the following conditions at the time of the entry will not be liable for the tax. Need 2009 taxes The importer of record has an unexpired notification certificate (discussed later) from the enterer. Need 2009 taxes The importer of record has no reason to believe any information in the certificate is false. Need 2009 taxes Customs bond. Need 2009 taxes   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. Need 2009 taxes Removal from a terminal by unregistered position holder or unregistered pipeline or vessel operator. Need 2009 taxes   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. Need 2009 taxes The position holder is liable for the tax. Need 2009 taxes The terminal operator is jointly and severally liable for the tax if the position holder is a person other than the terminal operator. Need 2009 taxes However, see Terminal operator's liability under Removal from terminal, earlier, for an exception. Need 2009 taxes Bulk transfers not received at approved terminal or refinery. Need 2009 taxes   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. Need 2009 taxes No tax was previously imposed (as discussed earlier) on any of the following events. Need 2009 taxes The removal from the refinery. Need 2009 taxes The entry into the United States. Need 2009 taxes The removal from a terminal by an unregistered position holder. Need 2009 taxes Upon removal from the pipeline or vessel, the gasoline is not received at an approved terminal or refinery (or at another pipeline or vessel). Need 2009 taxes   The owner of the gasoline when it is removed from the pipeline or vessel is liable for the tax. Need 2009 taxes However, an owner meeting all the following conditions at the time of the removal will not be liable for the tax. Need 2009 taxes The owner is a registrant. Need 2009 taxes The owner has an unexpired notification certificate (discussed later) from the operator of the terminal or refinery where the gasoline is received. Need 2009 taxes The owner has no reason to believe any information on the certificate is false. Need 2009 taxes The operator of the facility where the gasoline is received is liable for the tax if the owner meets these conditions. Need 2009 taxes The operator is jointly and severally liable if the owner does not meet these conditions. Need 2009 taxes Sales to unregistered person. Need 2009 taxes   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. Need 2009 taxes   The seller is liable for the tax. Need 2009 taxes However, a seller meeting all the following conditions at the time of the sale will not be liable for the tax. Need 2009 taxes   The seller is a registrant. Need 2009 taxes The seller has an unexpired notification certificate (discussed later) from the buyer. Need 2009 taxes The seller has no reason to believe any information on the certificate is false. Need 2009 taxes The buyer of the gasoline is liable for the tax if the seller meets these conditions. Need 2009 taxes The buyer is jointly and severally liable if the seller does not meet these conditions. Need 2009 taxes Exception. Need 2009 taxes   The tax does not apply to a sale if all of the following apply. Need 2009 taxes The buyer's principal place of business is not in the United States. Need 2009 taxes The sale occurs as the fuel is delivered into a transport vessel with a capacity of at least 20,000 barrels of fuel. Need 2009 taxes The seller is a registrant and the exporter of record. Need 2009 taxes The fuel was exported. Need 2009 taxes Removal or sale of blended gasoline. Need 2009 taxes   The removal or sale of blended gasoline by the blender is taxable. Need 2009 taxes See Blended taxable fuel under Definitions, earlier. Need 2009 taxes   The blender is liable for the tax. Need 2009 taxes The tax is figured on the number of gallons not previously subject to the tax on gasoline. Need 2009 taxes   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. Need 2009 taxes See Form 720 to report this tax. Need 2009 taxes You also must be registered with the IRS as a blender. Need 2009 taxes See Form 637. Need 2009 taxes   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. Need 2009 taxes Notification certificate. Need 2009 taxes   The notification certificate is used to notify a person of the registration status of the registrant. Need 2009 taxes A copy of the registrant's letter of registration cannot be used as a notification certificate. Need 2009 taxes A model notification certificate is shown in the Appendix as Model Certificate C. Need 2009 taxes A notification certificate must contain all information necessary to complete the model. Need 2009 taxes   The certificate may be included as part of any business records normally used for a sale. Need 2009 taxes 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. Need 2009 taxes The registrant must provide a new certificate if any information on a certificate has changed. Need 2009 taxes Additional persons liable. Need 2009 taxes   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. Need 2009 taxes Gasoline Blendstocks Gasoline blendstocks may be subject to $. Need 2009 taxes 001 per gallon LUST tax as discussed below. Need 2009 taxes Gasoline includes gasoline blendstocks. Need 2009 taxes The previous discussions apply to these blendstocks. Need 2009 taxes However, if certain conditions are met, the removal, entry, or sale of gasoline blendstocks are taxed at $. Need 2009 taxes 001 per gallon or are not subject to the excise tax. Need 2009 taxes Blendstocks. Need 2009 taxes   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. Need 2009 taxes   However, gasoline blendstocks do not include any product that cannot be used without further processing in the production of finished gasoline. Need 2009 taxes Not used to produce finished gasoline. Need 2009 taxes   Gasoline blendstocks not used to produce finished gasoline are not taxable (other than LUST) if the following conditions are met. Need 2009 taxes Removals and entries not connected to sale. Need 2009 taxes   Nonbulk removals and entries are not taxable if the person otherwise liable for the tax (position holder, refiner, or enterer) is a registrant. Need 2009 taxes Removals and entries connected to sale. Need 2009 taxes   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. Need 2009 taxes The person has an unexpired certificate (discussed later) from the buyer. Need 2009 taxes The person has no reason to believe any information in the certificate is false. Need 2009 taxes Sales after removal or entry. Need 2009 taxes   The sale of a gasoline blendstock that was not subject to tax on its nonbulk removal or entry, as discussed earlier, is taxable. Need 2009 taxes The seller is liable for the tax. Need 2009 taxes However, the sale is not taxable if, at the time of the sale, the seller meets the following requirements. Need 2009 taxes The seller has an unexpired certificate (discussed next) from the buyer. Need 2009 taxes The seller has no reason to believe any information in the certificate is false. Need 2009 taxes Certificate of buyer. Need 2009 taxes   The certificate from the buyer certifies the gasoline blendstocks will not be used to produce finished gasoline. Need 2009 taxes The certificate may be included as part of any business records normally used for a sale. Need 2009 taxes A model certificate is shown in the Appendix as Model Certificate D. Need 2009 taxes The certificate must contain all information necessary to complete the model. Need 2009 taxes   A certificate expires on the earliest of the following dates. Need 2009 taxes The date 1 year after the effective date (not earlier than the date signed) of the certificate. Need 2009 taxes The date a new certificate is provided to the seller. Need 2009 taxes The date the seller is notified that the buyer's right to provide a certificate has been withdrawn. Need 2009 taxes The buyer must provide a new certificate if any information on a certificate has changed. Need 2009 taxes   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. Need 2009 taxes Received at approved terminal or refinery. Need 2009 taxes   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. Need 2009 taxes The person is a registrant. Need 2009 taxes The person has an unexpired notification certificate (discussed earlier) from the operator of the terminal or refinery where the gasoline blendstocks are received. Need 2009 taxes The person has no reason to believe any information on the certificate is false. Need 2009 taxes Bulk transfers to registered industrial user. Need 2009 taxes   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. Need 2009 taxes 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. Need 2009 taxes Credits or Refunds. Need 2009 taxes   A credit or refund of the gasoline tax may be allowable if gasoline is used for a nontaxable purpose or exempt use. Need 2009 taxes For more information, see chapter 2. Need 2009 taxes Diesel Fuel and Kerosene Generally, diesel fuel and kerosene are taxed in the same manner as gasoline (discussed earlier). Need 2009 taxes 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. Need 2009 taxes 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. Need 2009 taxes 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. Need 2009 taxes A liquid may possess this practical and commercial fitness even though the specified use is not the predominant use of the liquid. Need 2009 taxes 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. Need 2009 taxes Diesel fuel does not include gasoline, kerosene, excluded liquid, No. Need 2009 taxes 5 and No. Need 2009 taxes 6 fuel oils covered by ASTM specification D396, or F-76 (Fuel Naval Distillate) covered by military specification MIL-F-16884. Need 2009 taxes An excluded liquid is either of the following. Need 2009 taxes A liquid that contains less than 4% normal paraffins. Need 2009 taxes A liquid with all the following properties. Need 2009 taxes Distillation range of 125 degrees Fahrenheit or less. Need 2009 taxes Sulfur content of 10 ppm or less. Need 2009 taxes Minimum color of +27 Saybolt. Need 2009 taxes Transmix means a by-product of refined products created by the mixing of different specification products during pipeline transportation. Need 2009 taxes Kerosene. Need 2009 taxes   This means any of the following liquids. Need 2009 taxes One of the two grades of kerosene (No. Need 2009 taxes 1-K and No. Need 2009 taxes 2-K) covered by ASTM specification D3699. Need 2009 taxes 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). Need 2009 taxes See Kerosene for Use in Aviation, later. Need 2009 taxes   However, kerosene does not include excluded liquid, discussed earlier. Need 2009 taxes   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. Need 2009 taxes Diesel-powered highway vehicle. Need 2009 taxes   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. Need 2009 taxes Specially designed mobile machinery for nontransportation functions and vehicles specially designed for off-highway transportation are generally not considered diesel-powered highway vehicles. Need 2009 taxes For more information about these vehicles and for information about vehicles not considered highway vehicles, see Off-Highway Business Use (No. Need 2009 taxes 2) in chapter 2. Need 2009 taxes Diesel-powered train. Need 2009 taxes   This is any diesel-powered equipment or machinery that rides on rails. Need 2009 taxes The term includes a locomotive, work train, switching engine, and track maintenance machine. Need 2009 taxes Taxable Events The tax on diesel fuel and kerosene is $. Need 2009 taxes 244 per gallon. Need 2009 taxes It is imposed on the removal, entry, or sale of diesel fuel and kerosene. Need 2009 taxes Each of these events is discussed later. Need 2009 taxes Only the $. Need 2009 taxes 001 LUST tax applies to dyed diesel fuel and dyed kerosene, discussed later. Need 2009 taxes 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. Need 2009 taxes See Refunds of Second Tax in chapter 2. Need 2009 taxes Use in certain intercity and local buses. Need 2009 taxes   Dyed diesel fuel and dyed kerosene cannot be used in certain intercity and local buses. Need 2009 taxes A claim for $. Need 2009 taxes 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. Need 2009 taxes An intercity or local bus is a bus engaged in furnishing (for compensation) passenger land transportation available to the general public. Need 2009 taxes The bus must be engaged in one of the following activities. Need 2009 taxes Scheduled transportation along regular routes regardless of the size of the bus. Need 2009 taxes Nonscheduled transportation if the seating capacity of the bus is at least 20 adults (not including the driver). Need 2009 taxes 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. Need 2009 taxes Removal from terminal. Need 2009 taxes   All removals of diesel fuel and kerosene at a terminal rack are taxable. Need 2009 taxes The position holder for that fuel is liable for the tax. Need 2009 taxes Two-party exchanges. Need 2009 taxes   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. Need 2009 taxes 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. Need 2009 taxes 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. Need 2009 taxes The exchange transaction occurs before or at the same time as completion of removal across the rack by the receiving person. Need 2009 taxes 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. Need 2009 taxes The transaction is subject to a written contract. Need 2009 taxes Terminal operator's liability. Need 2009 taxes   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). Need 2009 taxes   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. Need 2009 taxes 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. Need 2009 taxes The terminal operator is a registrant. Need 2009 taxes The terminal operator has an unexpired notification certificate (discussed under Gasoline) from the position holder. Need 2009 taxes The terminal operator has no reason to believe any information on the certificate is false. Need 2009 taxes Removal from refinery. Need 2009 taxes   The removal of diesel fuel or kerosene from a refinery is taxable if the removal meets either of the following conditions. Need 2009 taxes 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. Need 2009 taxes It is made at the refinery rack. Need 2009 taxes The refiner is liable for the tax. Need 2009 taxes Exception. Need 2009 taxes   The tax does not apply to a removal of diesel fuel or kerosene at the refinery rack if all the following conditions are met. Need 2009 taxes The diesel fuel or kerosene is removed from an approved refinery not served by pipeline (other than for receiving crude oil) or vessel. Need 2009 taxes The diesel fuel or kerosene is received at a facility operated by a registrant and located within the bulk transfer/terminal system. Need 2009 taxes 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. Need 2009 taxes Entry into the United States. Need 2009 taxes   The entry of diesel fuel or kerosene into the United States is taxable if the entry meets either of the following conditions. Need 2009 taxes It is made by bulk transfer and the enterer or the operator of the pipeline or vessel is not a registrant. Need 2009 taxes It is not made by bulk transfer. Need 2009 taxes The enterer is liable for the tax. Need 2009 taxes Importer of record's liability. Need 2009 taxes   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. Need 2009 taxes   However, an importer of record meeting both of the following conditions at the time of the entry will not be liable for the tax. Need 2009 taxes The importer of record has an unexpired notification certificate (discussed under Gasoline) from the enterer. Need 2009 taxes The importer of record has no reason to believe any information in the certificate is false. Need 2009 taxes Customs bond. Need 2009 taxes   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. Need 2009 taxes Removal from a terminal by unregistered position holder or unregistered pipeline or vessel operator. Need 2009 taxes   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. Need 2009 taxes The position holder is liable for the tax. Need 2009 taxes The terminal operator is jointly and severally liable for the tax if the position holder is a person other than the terminal operator. Need 2009 taxes However, see Terminal operator's liability under Removal from terminal, earlier, for an exception. Need 2009 taxes Bulk transfers not received at approved terminal or refinery. Need 2009 taxes   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. Need 2009 taxes No tax was previously imposed (as discussed earlier) on any of the following events. Need 2009 taxes The removal from the refinery. Need 2009 taxes The entry into the United States. Need 2009 taxes The removal from a terminal by an unregistered position holder. Need 2009 taxes 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). Need 2009 taxes   The owner of the diesel fuel or kerosene when it is removed from the pipeline or vessel is liable for the tax. Need 2009 taxes However, an owner meeting all the following conditions at the time of the removal will not be liable for the tax. Need 2009 taxes The owner is a registrant. Need 2009 taxes 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. Need 2009 taxes The owner has no reason to believe any information on the certificate is false. Need 2009 taxes The operator of the facility where the diesel fuel or kerosene is received is liable for the tax if the owner meets these conditions. Need 2009 taxes The operator is jointly and severally liable if the owner does not meet these conditions. Need 2009 taxes Sales to unregistered person. Need 2009 taxes   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. Need 2009 taxes   The seller is liable for the tax. Need 2009 taxes However, a seller meeting all the following conditions at the time of the sale will not be liable for the tax. Need 2009 taxes The seller is a registrant. Need 2009 taxes The seller has an unexpired notification certificate (discussed under Gasoline) from the buyer. Need 2009 taxes The seller has no reason to believe any information on the certificate is false. Need 2009 taxes The buyer of the diesel fuel or kerosene is liable for the tax if the seller meets these conditions. Need 2009 taxes The buyer is jointly and severally liable if the seller does not meet these conditions. Need 2009 taxes Exception. Need 2009 taxes   The tax does not apply to a sale if all of the following apply. Need 2009 taxes The buyer's principal place of business is not in the United States. Need 2009 taxes The sale occurs as the fuel is delivered into a transport vessel with a capacity of at least 20,000 barrels of fuel. Need 2009 taxes The seller is a registrant and the exporter of record. Need 2009 taxes The fuel was exported. Need 2009 taxes Removal or sale of blended diesel fuel or kerosene. Need 2009 taxes   The removal or sale of blended diesel fuel or blended kerosene by the blender is taxable. Need 2009 taxes Blended taxable fuel produced using biodiesel is subject to the tax. Need 2009 taxes See Blended taxable fuel under Definitions, earlier. Need 2009 taxes   The blender is liable for the tax. Need 2009 taxes The tax is figured on the number of gallons not previously subject to the tax. Need 2009 taxes   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. Need 2009 taxes Generally, the biodiesel mixture must be diesel fuel (defined earlier). Need 2009 taxes See Form 720 to report this tax. Need 2009 taxes You also must be registered by the IRS as a blender. Need 2009 taxes See Form 637 for more information. Need 2009 taxes   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. Need 2009 taxes Additional persons liable. Need 2009 taxes   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. Need 2009 taxes Credits or Refunds. Need 2009 taxes   A credit or refund is allowable for the tax on undyed diesel fuel or undyed kerosene used for a nontaxable use. Need 2009 taxes For more information, see chapter 2. Need 2009 taxes Dyed Diesel Fuel and Dyed Kerosene Dyed diesel fuel and dyed kerosene are subject to $. Need 2009 taxes 001 per gallon LUST tax as discussed below, unless the fuel is for export. Need 2009 taxes 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. Need 2009 taxes The person otherwise liable for tax (for example, the position holder) is a registrant. Need 2009 taxes In the case of a removal from a terminal, the terminal is an approved terminal. Need 2009 taxes The diesel fuel or kerosene satisfies the dyeing requirements (described next). Need 2009 taxes Dyeing requirements. Need 2009 taxes   Diesel fuel or kerosene satisfies the dyeing requirements only if it satisfies the following requirements. Need 2009 taxes It contains the dye Solvent Red 164 (and no other dye) at a concentration spectrally equivalent to at least 3. Need 2009 taxes 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. Need 2009 taxes Is indelibly dyed by mechanical injection. Need 2009 taxes See section 6 of Notice 2005-80 for transition rules that apply until final regulations are issued by the IRS. Need 2009 taxes Notice required. Need 2009 taxes   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. Need 2009 taxes   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. Need 2009 taxes   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). Need 2009 taxes That seller is subject to the penalty described next. Need 2009 taxes Penalty. Need 2009 taxes   A penalty is imposed on a person if any of the following situations apply. Need 2009 taxes 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. Need 2009 taxes 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. Need 2009 taxes The person willfully alters, chemically or otherwise, or attempts to so alter, the strength or composition of any dye in dyed fuel. Need 2009 taxes 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. Need 2009 taxes   The penalty is the greater of $1,000 or $10 per gallon of the dyed diesel fuel or dyed kerosene involved. Need 2009 taxes After the first violation, the $1,000 portion of the penalty increases depending on the number of violations. Need 2009 taxes   This penalty is in addition to any tax imposed on the fuel. Need 2009 taxes   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. Need 2009 taxes   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. Need 2009 taxes   If you are liable for the penalty, you may also be liable for the back-up tax, discussed later. Need 2009 taxes However, the penalty applies only to dyed diesel fuel and dyed kerosene, while the back-up tax may apply to other fuels. Need 2009 taxes 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. Need 2009 taxes Exception to penalty. Need 2009 taxes   The penalty under item (3) will not apply in any of the following situations. Need 2009 taxes Diesel fuel or kerosene meeting the dyeing requirements (described earlier) is blended with any undyed liquid and the resulting product meets the dyeing requirements. Need 2009 taxes 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. Need 2009 taxes The alteration or attempted alteration occurs in an exempt area of Alaska. Need 2009 taxes See Removal for sale or use in Alaska, later. Need 2009 taxes 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. Need 2009 taxes Alaska and Feedstocks Tax of $. Need 2009 taxes 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). Need 2009 taxes Undyed kerosene used for feedstock purposes. Need 2009 taxes Removal for sale or use in Alaska. Need 2009 taxes   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. Need 2009 taxes The removal or entry of any diesel fuel or kerosene is not taxed if all the following requirements are satisfied. Need 2009 taxes 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. Need 2009 taxes In the case of a removal from a terminal, the terminal is an approved terminal. Need 2009 taxes 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. Need 2009 taxes   If all three of the requirements above are not met, then tax is imposed at $. Need 2009 taxes 244 per gallon. Need 2009 taxes   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. Need 2009 taxes Satisfactory evidence may include copies of qualified dealer licenses or exemption certificates obtained for state tax purposes. Need 2009 taxes Later sales. Need 2009 taxes   The excise tax applies to diesel fuel or kerosene sold by a qualified dealer after the removal or entry. Need 2009 taxes The tax is imposed at the time of the sale and the qualified dealer is liable for the tax. Need 2009 taxes However, the sale is not taxable (other than the LUST tax at $. Need 2009 taxes 001 per gallon) if all the following requirements are met. Need 2009 taxes The fuel is sold in Alaska for certain nontaxable uses. Need 2009 taxes The buyer buys the fuel for its own use in a nontaxable use or is a qualified dealer. Need 2009 taxes The seller can show satisfactory evidence of the nontaxable nature of the transaction and has no reason to believe the evidence is false. Need 2009 taxes Feedstock purposes. Need 2009 taxes   The $. Need 2009 taxes 001 per gallon LUST tax is imposed on the removal or entry of undyed kerosene if all the following conditions are met. Need 2009 taxes The person otherwise liable for tax (position holder, refiner, or enterer) is a registrant. Need 2009 taxes In the case of a removal from a terminal, the terminal is an approved terminal. Need 2009 taxes 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. Need 2009 taxes   If all of the requirements above are not met, then tax is imposed at $. Need 2009 taxes 244 per gallon. Need 2009 taxes   Kerosene is used for a feedstock purpose when it is used for nonfuel purposes in the manufacture or production of any substance other than gasoline, diesel fuel, or Other Fuels. Need 2009 taxes For example, kerosene is used for a feedstock purpose when it is used as an ingredient in the production of paint, but is not used for a feedstock purpose when it is used to power machinery at a factory where paint is produced. Need 2009 taxes A feedstock user is a person that uses kerosene for a feedstock purpose. Need 2009 taxes A registered feedstock user is a person that has been registered by the IRS as a feedstock user. Need 2009 taxes See Registration Requirements, earlier. Need 2009 taxes Later sales. Need 2009 taxes   The excise tax ($. Need 2009 taxes 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. Need 2009 taxes The tax is imposed at the time of the later sale and that seller is liable for the tax. Need 2009 taxes Certificate. Need 2009 taxes   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. Need 2009 taxes The certificate may be included as part of any business records normally used for a sale. Need 2009 taxes A model certificate is shown in the Appendix as Model Certificate G. Need 2009 taxes Your certificate must contain all information necessary to complete the model. Need 2009 taxes   A certificate expires on the earliest of the following dates. Need 2009 taxes The date 1 year after the effective date (not earlier than the date signed) of the certificate. Need 2009 taxes The date the seller is provided a new certificate or notice that the current certificate is invalid. Need 2009 taxes The date the seller is notified the buyer's registration has been revoked or suspended. Need 2009 taxes   The buyer must provide a new certificate if any information on a certificate has changed. Need 2009 taxes 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. Need 2009 taxes Any dyed diesel fuel or dyed kerosene for other than a nontaxable use. Need 2009 taxes Any undyed diesel fuel or undyed kerosene on which a credit or refund (for fuel used for a nontaxable purpose) has been allowed. Need 2009 taxes Any liquid other than gasoline, diesel fuel, or kerosene. Need 2009 taxes Generally, this back-up tax is imposed at a rate of $. Need 2009 taxes 244 per gallon. Need 2009 taxes Liability for tax. Need 2009 taxes   Generally, the operator of the vehicle into which the fuel is delivered is liable for the tax. Need 2009 taxes 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. Need 2009 taxes Exemptions from the back-up tax. Need 2009 taxes   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. Need 2009 taxes   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. Need 2009 taxes 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. Need 2009 taxes A reduced tax rate of $. Need 2009 taxes 198 per gallon is imposed on a diesel-water fuel emulsion. Need 2009 taxes 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. Need 2009 taxes 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 $. Need 2009 taxes 244 per gallon. Need 2009 taxes Credits or refunds. Need 2009 taxes   The allowance for a credit or refund on a diesel-water fuel emulsion is discussed in chapter 2. Need 2009 taxes Kerosene for Use in Aviation Taxable Events Generally, kerosene is taxed at $. Need 2009 taxes 244 per gallon unless a reduced rate applies (see Diesel Fuel and Kerosene, earlier). Need 2009 taxes For kerosene removed directly from a terminal into the fuel tank of an aircraft for use in noncommercial aviation, the tax rate is $. Need 2009 taxes 219. Need 2009 taxes The rate of $. Need 2009 taxes 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. Need 2009 taxes The airport terminal does not need to be a secured airport terminal for this rate to apply. Need 2009 taxes 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. Need 2009 taxes For kerosene removed directly into the fuel tank of an aircraft for use in commercial aviation, the rate of tax is $. Need 2009 taxes 044 per gallon. Need 2009 taxes For kerosene removed into an aircraft from a qualified refueler truck, tanker, or tank wagon, the $. Need 2009 taxes 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. Need 2009 taxes See Terminal located within a secured area of an airport, later. Need 2009 taxes In addition, the operator must provide the position holder with a certificate similar to Model Certificate K in the Appendix. Need 2009 taxes 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 $. Need 2009 taxes 001. Need 2009 taxes There is no tax on kerosene removed directly into the fuel tank of an aircraft for use in foreign trade. Need 2009 taxes 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. Need 2009 taxes See Terminal located within a secured area of an airport, later. Need 2009 taxes In addition, the operator must provide the position holder with a certificate similar to Model Certificate K in the Appendix. Need 2009 taxes The position holder is liable for the $. Need 2009 taxes 001 per gallon tax. Need 2009 taxes For kerosene removed directly from a terminal into the fuel tank of an fractional ownership program aircraft after March 31, 2012, a surtax of $. Need 2009 taxes 141 per gallon applies. Need 2009 taxes Certain refueler trucks, tankers, and tank wagons treated as terminals. Need 2009 taxes   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. Need 2009 taxes Such terminal is located within an area of an airport. Need 2009 taxes 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. Need 2009 taxes 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. Need 2009 taxes 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. Need 2009 taxes Information reporting will be required by terminal operators regarding this provision. Need 2009 taxes 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. Need 2009 taxes Terminal located within a secured area of an airport. Need 2009 taxes   See Notice 2005-4 and Notice 2005-80 for the list of terminals located within a secured area of an airport. Need 2009 taxes 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. Need 2009 taxes 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 $. Need 2009 taxes 044 per gallon. Need 2009 taxes 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). Need 2009 taxes For example, for kerosene removed directly into the aircraft for use in military aircraft, the position holder is liable for the tax. Need 2009 taxes For the aircraft operator to be liable for the tax $. Need 2009 taxes 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. Need 2009 taxes Commercial aviation. Need 2009 taxes   Commercial aviation is any use of an aircraft in the business of transporting persons or property by air for pay. Need 2009 taxes However, commercial aviation does not include any of the following uses. Need 2009 taxes Any use exclusively for the purpose of skydiving. Need 2009 taxes Certain air transportation by seaplane. Need 2009 taxes See Seaplanes under Transportation of Persons by Air in chapter 4. Need 2009 taxes Any use of an aircraft owned or leased by a member of an affiliated group and unavailable for hire by nonmembers. Need 2009 taxes For more information, see Aircraft used by affiliated corporations under Special Rules on Transportation Taxes in chapter 4. Need 2009 taxes 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. Need 2009 taxes For more information, see Small aircraft under Special Rules on Transportation Taxes in chapter 4. Need 2009 taxes Any use where the surtax on fuel used in a fractional ownership program aircraft is imposed. Need 2009 taxes See Surtax on any liquid used in a fractional ownership program aircraft as fuel below. Need 2009 taxes 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 $. Need 2009 taxes 141 per gallon. Need 2009 taxes The fractional ownership program manager is liable for the tax. Need 2009 taxes The surtax applies in addition to any other taxes imposed on the removal, entry, use, or sale of the fuel. Need 2009 taxes If the surtax is imposed, the following air transportation taxes do not apply. Need 2009 taxes Transportation of persons by air. Need 2009 taxes Transportation of property by air. Need 2009 taxes Use of international air travel facilities. Need 2009 taxes These taxes are described under Air Transportation Taxes, later. Need 2009 taxes 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. Need 2009 taxes 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. Need 2009 taxes Fractional program aircraft. Need 2009 taxes   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. Need 2009 taxes S. Need 2009 taxes   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. Need 2009 taxes In such situations, the flight is not commercial aviation. Need 2009 taxes Instead, the tax on the fuel used in the flight is imposed at the non-commercial aviation rate. Need 2009 taxes Fractional owner. Need 2009 taxes   Any person owning any interest (including the entire interest) in a fractional program aircraft. Need 2009 taxes Dry lease aircraft exchange. Need 2009 taxes   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. Need 2009 taxes Special rule relating to deadhead service. Need 2009 taxes   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. Need 2009 taxes More information. Need 2009 taxes   See section 4043 for more information on the surtax. Need 2009 taxes 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. Need 2009 taxes Certificate. Need 2009 taxes   The certificate may be included as part of any business records normally used for a sale. Need 2009 taxes See Model Certificate K in the Appendix. Need 2009 taxes   A certificate expires on the earliest of the following dates. Need 2009 taxes The date 1 year after the effective date (not earlier than the date signed) of the certificate. Need 2009 taxes The date the buyer provides the seller a new certificate or notice that the current certificate is invalid. Need 2009 taxes The date the IRS or the buyer notifies the seller that the buyer's right to provide a certificate has been withdrawn. Need 2009 taxes   The buyer must provide a new certificate if any information on a certificate has changed. Need 2009 taxes   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. Need 2009 taxes Exempt use. Need 2009 taxes   The rate on kerosene for use in aviation is $. Need 2009 taxes 001 (LUST tax) if it is removed from any refinery or terminal directly into the fuel tank of an aircraft for an exempt use. Need 2009 taxes An exempt use includes kerosene for the exclusive use of a state or local government. Need 2009 taxes There is no tax on kerosene removed directly into the fuel tank of an aircraft for use in foreign trade. Need 2009 taxes Flash title transaction. Need 2009 taxes   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. Need 2009 taxes 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. Need 2009 taxes 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. Need 2009 taxes Reseller statement. Need 2009 taxes   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. Need 2009 taxes Credits or Refunds. Need 2009 taxes   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). Need 2009 taxes A claim may be made by a registered ultimate vendor for certain sales. Need 2009 taxes For more information, see chapter 2. Need 2009 taxes Other Fuels (Including Alternative Fuels) Other Fuels means any liquid except gas oil, fuel oil, or any product taxable under section 4081. Need 2009 taxes Other Fuels include alternative fuels. Need 2009 taxes 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. Need 2009 taxes Liquefied petroleum gas includes propane, butane, pentane, or mixtures of those products. Need 2009 taxes Qualified methanol and ethanol fuels. Need 2009 taxes   Qualified ethanol and methanol means any liquid at least 85 percent of which consists of alcohol produced from coal, including peat. Need 2009 taxes The tax rates are listed in the Instructions for Form 720. Need 2009 taxes Partially exempt methanol and ethanol fuels. Need 2009 taxes   A reduced tax rate applies to these fuels. Need 2009 taxes Partially exempt ethanol and methanol means any liquid at least 85 percent of which consists of alcohol produced from natural gas. Need 2009 taxes The tax rates are listed in the Instructions for Form 720. Need 2009 taxes Motor vehicles. Need 2009 taxes   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. Need 2009 taxes They are propelled by a motor. Need 2009 taxes They are designed for carrying or towing loads from one place to another, regardless of the type of material or load carried or t
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The Open World Leadership Center administers the Open World program, a foreign exchange program that brings future leaders from former Soviet states to the U.S. to meet with members of congress.

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The Need 2009 Taxes

Need 2009 taxes Publication 503 - Introductory Material Table of Contents Future Developments Reminders IntroductionOrdering forms and publications. Need 2009 taxes Tax questions. Need 2009 taxes Useful Items - You may want to see: Future Developments For the latest information about developments related to Publication 503, such as legislation enacted after it was published, go to www. Need 2009 taxes irs. Need 2009 taxes gov/pub503. Need 2009 taxes Reminders Taxpayer identification number needed for each qualifying person. Need 2009 taxes  You must include on line 2 of Form 2441, Child and Dependent Care Expenses, the name and taxpayer identification number (generally the social security number) of each qualifying person. Need 2009 taxes See Taxpayer identification number under Qualifying Person Test, later. Need 2009 taxes You may have to pay employment taxes. Need 2009 taxes  If you pay someone to come to your home and care for your dependent or spouse, you may be a household employer who has to pay employment taxes. Need 2009 taxes Usually, you are not a household employer if the person who cares for your dependent or spouse does so at his or her home or place of business. Need 2009 taxes See Employment Taxes for Household Employers, later. Need 2009 taxes Photographs of missing children. Need 2009 taxes  The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. Need 2009 taxes Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. Need 2009 taxes You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child. Need 2009 taxes Introduction This publication explains the tests you must meet to claim the credit for child and dependent care expenses. Need 2009 taxes It explains how to figure and claim the credit. Need 2009 taxes You may be able to claim the credit if you pay someone to care for your dependent who is under age 13 or for your spouse or dependent who is not able to care for himself or herself. Need 2009 taxes The credit can be up to 35% of your expenses. Need 2009 taxes To qualify, you must pay these expenses so you can work or look for work. Need 2009 taxes This publication also discusses some of the employment tax rules for household employers. Need 2009 taxes Dependent care benefits. Need 2009 taxes   If you received any dependent care benefits from your employer during the year, you may be able to exclude from your income all or part of them. Need 2009 taxes You must complete Form 2441, Part III, before you can figure the amount of your credit. Need 2009 taxes See Dependent Care Benefits under How To Figure the Credit, later. Need 2009 taxes Comments and suggestions. Need 2009 taxes   We welcome your comments about this publication and your suggestions for future editions. Need 2009 taxes   You can write to us at the following address: Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. Need 2009 taxes NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. Need 2009 taxes Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. Need 2009 taxes   You can send your comments from www. Need 2009 taxes irs. Need 2009 taxes gov/formspubs/. Need 2009 taxes Click on “More Information” and then on “Comment on Tax Forms and Publications. Need 2009 taxes ”   Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products. Need 2009 taxes Ordering forms and publications. Need 2009 taxes   Visit www. Need 2009 taxes irs. Need 2009 taxes gov/formspubs/ to download forms and publications, call 1-800-TAX-FORM (1-800-829-3676), or write to the address below and receive a response within 10 days after your request is received. Need 2009 taxes Internal Revenue Service 1201 N. Need 2009 taxes Mitsubishi Motorway Bloomington, IL 61705-6613 Tax questions. Need 2009 taxes   If you have a tax question, check the information available on IRS. Need 2009 taxes gov or call 1-800-829-1040. Need 2009 taxes We cannot answer tax questions sent to either of the above addresses. Need 2009 taxes Useful Items - You may want to see: Publication 501 Exemptions, Standard Deduction, and Filing Information 926 Household Employer's Tax Guide Form (and Instructions) 2441 Child and Dependent Care Expenses Schedule H (Form 1040) Household Employment Taxes W-10 Dependent Care Provider's Identification and Certification See How To Get Tax Help , near the end of this publication, for information about getting these publications and forms. Need 2009 taxes Prev  Up  Next   Home   More Online Publications