Internal Revenue Code · 26 U.S.C.
§ 4041. Imposition of tax
Official text, no changes From the Office of the Law Revision Counsel, release point 119-121 (current through Public Law 119-121 (October 9, 2026)). Compare it with the official text at uscode.house.gov (external site).
Cite as 26 U.S.C. § 4041
At a glance
Read from the text, the source credit and the official notes. Not part of the law.
- Status
- In force
- Enacted
- September 2, 1958 by Pub. L. 85–859
- Last amended
- November 15, 2021 by Pub. L. 117–58
- Amendments
- 42 dated changes in the source credit
- Length
- 13 subsections · 3,488 words · about 15 min to read
- Defines
- 8 terms
- Cross-references
- cites 14; cited by 18 Code sections and 20 other regulations
- Regulations
- 19 issued under this section
No tax shall be imposed by this paragraph on the sale or use of any liquid if tax was imposed on such liquid under section 4081 (other than such tax at the Leaking Underground Storage Tank Trust Fund financing rate) and the tax thereon was not credited or refunded.
Except as otherwise provided in this subparagraph, the rate of the tax imposed by this paragraph shall be the rate of tax specified in section 4081(a)(2)(A) on diesel fuel which is in effect at the time of such sale or use.
Except as provided in subclause (II), in the case of fuel sold for use or used in a use described in section 6427(b)(1) (after the application of section 6427(b)(3)), the rate of tax imposed by this paragraph shall be 7.3 cents per gallon (4.3 cents per gallon after September 30, 2028).
No tax shall be imposed by this paragraph on any sale for use, or use, described in subparagraph (B) or (C) of section 6427(b)(2).
For purposes of this paragraph, the term “energy equivalent of a gallon of gasoline” means, with respect to a liquefied petroleum gas fuel, the amount of such fuel having a Btu content of 115,400 (lower heating value). For purposes of the preceding sentence, a Btu content of 115,400 (lower heating value) is equal to 5.75 pounds of liquefied petroleum gas.
For purposes of this paragraph, the term “energy equivalent of a gallon of diesel” means, with respect to a liquefied natural gas fuel, the amount of such fuel having a Btu content of 128,700 (lower heating value). For purposes of the preceding sentence, a Btu content of 128,700 (lower heating value) is equal to 6.06 pounds of liquefied natural gas.
No tax shall be imposed by this paragraph on any sale for use, or use, described in subparagraph (B) or (C) of section 6427(b)(2) (relating to school bus and intracity transportation).
For purposes of applying this title with respect to the taxes imposed by this subsection, references to any liquid subject to tax under this subsection shall be treated as including references to compressed natural gas subject to tax under this paragraph, and references to gallons shall be treated as including references to energy equivalent of a gallon of gasoline with respect to such gas.
For purposes of this paragraph, the term “energy equivalent of a gallon of gasoline” means 5.66 pounds of compressed natural gas.
If a liquid on which no tax was imposed by reason of subparagraph (A) is used otherwise than in an off-highway business use, a tax shall be imposed by paragraph (1)(B), (2)(B), or (3)(A)(ii) of subsection (a) (whichever is appropriate) and by the corresponding provision of subsection (d)(1) (if any).
For purposes of this subsection, the term “off-highway business use” has the meaning given to such term by section 6421(e)(2); except that such term shall not, for purposes of subsection (a)(1), include use in a diesel-powered train.
The term “qualified methanol or ethanol fuel” means any liquid at least 85 percent of which consists of methanol, ethanol, or other alcohol produced from coal (including peat).
No tax shall be imposed by this subsection on the sale or use of any liquid for use as a fuel other than aviation gasoline if tax was imposed on such liquid under section 4081 (other than such tax at the Leaking Underground Storage Tank Trust Fund financing rate) and the tax thereon was not credited or refunded.
The rate of tax imposed by this subsection shall be 21.8 cents per gallon (4.3 cents per gallon with respect to any sale or use for commercial aviation).
In addition to the taxes imposed by subsection (a), there is hereby imposed a tax of 0.1 cent a gallon on the sale or use of any liquid (other than liquefied petroleum gas and other than liquefied natural gas) if tax is imposed by subsection (a)(1) or (2) on such sale or use. No tax shall be imposed under the preceding sentence on the sale or use of any liquid if tax was imposed with respect to such liquid under section 4081 at the Leaking Underground Storage Tank Trust Fund financing rate.
The taxes imposed by this subsection shall not apply during any period during which the Leaking Underground Storage Tank Trust Fund financing rate under section 4081 does not apply.
For purposes of this section, the tax imposed under this subsection shall be determined without regard to subsections (b)(1)(A), (f), (g), (h), and (l). The preceding sentence shall not apply with respect to subsection (g)(3) and so much of subsection (g)(1) as relates to vessels (within the meaning of section 4221(d)(3)) employed in foreign trade or trade between the United States and any of its possessions.
Under regulations prescribed by the Secretary, no tax shall be imposed under this section on any liquid sold for use or used on a farm for farming purposes.
For purposes of paragraph (1) of this subsection, use on a farm for farming purposes shall be determined in accordance with paragraphs (1), (2), and (3) of section 6420(c).
Under regulations prescribed by the Secretary, no tax shall be imposed under this section on any liquid sold for use or used by an aircraft museum in an aircraft or vehicle owned by such museum and used exclusively for purposes set forth in paragraph (2)(C).
The taxes imposed by this section shall apply with respect to liquids sold at retail by the United States, or by any agency or instrumentality of the United States, unless sales by such agency or instrumentality are by statute specifically exempted from such taxes.
No tax shall be imposed under this section on any liquid sold for use in, or used in, a helicopter or a fixed-wing aircraft for purposes of providing transportation with respect to which the requirements of subsection (f) or (g) of section 4261 are met.
The term “partially exempt methanol or ethanol fuel” means any liquid at least 85 percent of which consists of methanol, ethanol, or other alcohol produced from natural gas.
(Aug. 16, 1954, ch. 736, 68A Stat. 478; Mar. 30, 1955, ch. 18, § 3(a)(1), 69 Stat. 14; Mar. 29, 1956, ch. 115, § 3(a)(1), 70 Stat. 66; Apr. 2, 1956, ch. 160, § 2(a)(1), 70 Stat. 89; June 29, 1956, ch. 462, title II, § 202, 70 Stat. 387; Pub. L. 85–859, title I, § 119(b)(1), Sept. 2, 1958, 72 Stat. 1286; Pub. L. 86–342, title II, § 201(b), Sept. 21, 1959, 73 Stat. 613; Pub. L. 87–61, title II, § 201(a), (c), (d), June 29, 1961, 75 Stat. 123, 124; Pub. L. 89–44, title VIII, § 802(a)(2), June 21, 1965, 79 Stat. 159; Pub. L. 91–258, title II, § 202, May 21, 1970, 84 Stat. 237; Pub. L. 91–605, title III, § 303(a)(1), (2), Dec. 31, 1970, 84 Stat. 1743; Pub. L. 94–280, title III, § 303(a)(1), (2), May 5, 1976, 90 Stat. 456; Pub. L. 94–455, title XIX, §§ 1904(a)(1)(B), (C), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1810, 1811, 1834; Pub. L. 94–530, § 1(a), Oct. 17, 1976, 90 Stat. 2487; Pub. L. 95–599, title V, § 502(a)(1), (b), Nov. 6, 1978, 92 Stat. 2756, 2757; Pub. L. 95–600, title VII, § 703(l)(1), (2), Nov. 6, 1978, 92 Stat. 2942; Pub. L. 95–618, title II, §§ 221(b)(1), 222(a)(2), 233(a)(3)(B), Nov. 9, 1978, 92 Stat. 3185, 3187, 3191; Pub. L. 96–223, title II, § 232(a)(2), Apr. 2, 1980, 94 Stat. 273; Pub. L. 96–298, § 1(a), July 1, 1980, 94 Stat. 829; Pub. L. 97–248, title II, § 279(a), (b)(1), Sept. 3, 1982, 96 Stat. 563; Pub. L. 97–424, title V, §§ 511(a)(2), (b)(1), (c)(2), (d)(2), (g)(1), 516(a)(1), (b)(1), Jan. 6, 1983, 96 Stat. 2169–2171, 2173, 2182, 2183; Pub. L. 98–369, div. A, title IX, §§ 911(a), 912(a), 913(a), title X, § 1018(a), July 18, 1984, 98 Stat. 1005, 1007, 1008, 1021; Pub. L. 99–499, title V, § 521(a)(2), (d)(1)–(3), Oct. 17, 1986, 100 Stat. 1776, 1779; Pub. L. 99–514, title IV, § 422(a)(1), (2), title XVII, § 1702(a), title XVIII, § 1878(c)(1), Oct. 22, 1986, 100 Stat. 2229, 2773, 2903; Pub. L. 100–17, title V, § 502(a)(1), (b)(1)–(3), (c)(1), Apr. 2, 1987, 101 Stat. 256, 257; Pub. L. 100–203, title X, § 10502(b), Dec. 22, 1987, 101 Stat. 1330–441; Pub. L. 100–223, title IV, §§ 402(b), 404(b), 405(b)(3), Dec. 30, 1987, 101 Stat. 1532, 1533, 1535; Pub. L. 100–647, title I, § 1017(c)(3), (4), title II, § 2001(d)(2), (3)(A)–(D), Nov. 10, 1988, 102 Stat. 3576, 3595; Pub. L. 101–508, title XI, §§ 11211(a)(4), (b)(3), (6)(C)–(E)(i), (F), (d)(1), (2), (e)(1), (2), 11213(b)(2)(A), (B), (d)(2)(B), (e)(3), Nov. 5, 1990, 104 Stat. 1388–423, 1388–425 to 1388–427, 1388–433, 1388–436; Pub. L. 102–240, title VIII, § 8002(b)(1), (2), Dec. 18, 1991, 105 Stat. 2203; Pub. L. 103–66, title XIII, §§ 13163(a)(2), 13241(b)(2)(A), (B)(iii), (c), (e), (f)(1), (2), 13242(d)(3)–(13), Aug. 10, 1993, 107 Stat. 453, 510, 511, 522–524; Pub. L. 104–188, title I, §§ 1208, 1609(a)(3), (g)(3), (4)(A), Aug. 20, 1996, 110 Stat. 1776, 1841–1843; Pub. L. 105–2, § 2(a)(3), Feb. 28, 1997, 111 Stat. 4; Pub. L. 105–34, title IX, §§ 902(b)(1), (2), 907(a), (b), title X, §§ 1031(a)(3), 1032(e)(1), (2), title XIV, § 1435(b), title XVI, § 1601(f)(4)(A), (B), Aug. 5, 1997, 111 Stat. 873, 875, 929, 935, 1053, 1090; Pub. L. 105–178, title IX, §§ 9002(a)(1)(A)–(C), 9003(a)(1)(A), (B), (b)(2)(A), 9006(a), June 9, 1998, 112 Stat. 499, 501, 502, 506; Pub. L. 105–206, title VI, § 6010(g)(1), July 22, 1998, 112 Stat. 814; Pub. L. 108–357, title II, § 241(a)(1), (2)(A), title III, § 301(c)(5), (6), title VIII, § 853(a)(6), (d)(2)(A)–(E), Oct. 22, 2004, 118 Stat. 1437, 1461, 1611–1613; Pub. L. 109–58, title XIII, § 1362(b)(2), Aug. 8, 2005, 119 Stat. 1059; Pub. L. 109–59, title XI, §§ 11101(a)(1)(A)–(C), 11113(a), 11151(e)(2), 11161(b)(1), (3)(A), Aug. 10, 2005, 119 Stat. 1943, 1946, 1969–1971; Pub. L. 109–280, title XII, § 1207(a), Aug. 17, 2006, 120 Stat. 1070; Pub. L. 109–432, div. A, title II, § 208, Dec. 20, 2006, 120 Stat. 2946; Pub. L. 110–172, § 6(d)(1)(A), (2)(A), (3), Dec. 29, 2007, 121 Stat. 2480, 2481; Pub. L. 112–30, title I, § 142(a)(1)(A), (B), (2)(A), Sept. 16, 2011, 125 Stat. 355, 356; Pub. L. 112–102, title IV, § 402(a)(1)(A), (B), (2)(A), Mar. 30, 2012, 126 Stat. 281, 282; Pub. L. 112–140, title IV, § 402(a)(1)(A), (B), (2)(A), June 29, 2012, 126 Stat. 402; Pub. L. 112–141, div. D, title I, § 40102(a)(1)(A), (B), (2)(A), July 6, 2012, 126 Stat. 844; Pub. L. 114–41, title II, § 2008(a)–(c), July 31, 2015, 129 Stat. 459, 460; Pub. L. 114–94, div. C, title XXXI, § 31102(a)(1)(A), (B), (2)(A), Dec. 4, 2015, 129 Stat. 1727; Pub. L. 117–58, div. H, title I, § 80102(a)(1)(A), (B), (2)(A), Nov. 15, 2021, 135 Stat. 1327.)
Terms defined here
Where the text says “the term … means”. Select a term to jump to its definition.
- aircraft museum § 4041(h)(2)
- energy equivalent of a gallon of diesel § 4041(a)(2)(D)
- energy equivalent of a gallon of gasoline § 4041(a)(2)(C)
- energy equivalent of a gallon of gasoline § 4041(a)(3)(D)
- nonprofit educational organization § 4041(g)(5)
- off-highway business use § 4041(b)(1)(C)
- partially exempt methanol or ethanol fuel § 4041(m)(2)
- qualified methanol or ethanol fuel § 4041(b)(2)(B)
Regulations under this section
Treasury regulations (26 CFR) issued under § 4041
- § 48.4041-0 Applicability of regulations relating to diesel fuel after December 31, 1993.
- § 48.4041-3 Application of tax on sales of special motor fuel for use in motor vehicles and motorboats.
- § 48.4041-4 Application of tax on sales of liquid for use as fuel in aircraft in noncommercial aviation.
- § 48.4041-5 Sales of diesel and special motor fuels and fuel for use in aircraft; rules of general application.
- § 48.4041-6 Application of tax on use of taxable liquid fuel.
- § 48.4041-7 Dual use of taxable liquid fuel.
- § 48.4041-8 Definitions.
- § 48.4041-9 Exemption for farm use.
- § 48.4041-10 Exemption for use as supplies for vessels or aircraft.
- § 48.4041-11 Tax-free sales of fuel for use in noncommercial aviation only if sellers and certain purchasers are registered.
- § 48.4041-12 Sales by United States, etc.
- § 48.4041-13 Other credits or refunds.
- § 48.4041-14 Exemption for sale to or use by certain aircraft museums.
- § 48.4041-15 Sales to States or political subdivisions thereof.
- § 48.4041-16 Sales for export.
- § 48.4041-17 Tax-free retail sales to certain nonprofit educational organizations.
- § 48.4041-19 Exemption for qualified methanol and ethanol fuel.
- § 48.4041-20 Partially exempt methanol and ethanol fuel.
- § 48.4041-21 Compressed natural gas (CNG).
Cross-references
Computed from the citations in the text of Title 26 and 26 CFR.
This section cites 14 other sections
- § 4083 Definitions; special rule; administrative authority
- § 4081 Imposition of tax
- § 6427(b)(1) Fuels not used for taxable purposes
- § 45K(c)(3) Credit for producing fuel from a nonconventional source
- § 6421(e)(2) Gasoline used for certain nonhighway purposes, used by local transit systems, or sold for certain exempt purposes
- § 40(h)(2) Alcohol, etc., used as fuel
- § 4221(d)(3) Certain tax-free sales
- § 853(d) Foreign tax credit allowed to shareholders
- § 6420(c) Gasoline used on farms
- § 7701(a)(49) Definitions
- § 170(b)(1)(A)(ii) Charitable, etc., contributions and gifts
- § 501(a) Exemption from tax on corporations, certain trusts, etc.
- § 301(c) Distributions of property
- § 4261 Imposition of tax
Cited by 18 Code sections
- § 40(c) Alcohol, etc., used as fuel
- § 404(g)(1) Deduction for contributions of an employer to an employees’ trust or annuity plan and compensation under a deferred-payment plan
- § 4042(b)(3) Tax on fuel used in commercial transportation on inland waterways
- § 4082(b)(1) Exemptions for diesel fuel and kerosene
- § 4083(a)(2)(A) Definitions; special rule; administrative authority
- § 4101(a)(1) Registration and bond
- § 4103 Certain additional persons liable for tax where willful failure to pay
- § 4104(a)(2) Information reporting for persons claiming certain tax benefits
- § 4293 Exemption for United States and possessions
- § 6416(a)(2)(A) Certain taxes on sales and services
- § 6420(i)(1) Gasoline used on farms
- § 6421(f)(3)(B) Gasoline used for certain nonhighway purposes, used by local transit systems, or sold for certain exempt purposes
- § 6426(a)(2) Credit for alcohol fuel, biodiesel, and alternative fuel mixtures
- § 6427(a) Fuels not used for taxable purposes
- § 6430(2) Treatment of tax imposed at Leaking Underground Storage Tank Trust Fund financing rate
- § 9502(b)(1)(A) Airport and Airway Trust Fund
- § 9503(b)(1)(A) Highway Trust Fund
- § 9508(b)(1) Leaking Underground Storage Tank Trust Fund
Cited in 20 regulations not issued under it
- § 1.411(a)-4T Forfeitures, suspensions, etc. (temporary).
- § 1.412(c)(1)-3 Applying the minimum funding requirements to restored plans.
- § 48.0-2 General definitions and attachment of tax.
- § 48.4061(a)-1 Imposition of tax; exclusion for light-duty trucks, etc.
- § 48.4081-1 Taxable fuel; definitions.
- § 48.4082-4 Diesel fuel and kerosene; back-up tax.
- § 48.4083-1 Taxable fuel; administrative authority.
- § 48.4101-1 Taxable fuel; registration.
- § 48.4218-1 Tax on use by manufacturer, producer, or importer.
- § 48.6416(a)-2 Credit or refund of tax on special fuels.
- § 48.6416(b)(2)-1 Certain exportations, uses, sales, or resales causing overpayments of tax.
- § 48.6416(b)(2)-2 Exportations, uses, sales, and resales included.
- § 48.6416(b)(2)-4 Supporting evidence required in case of special fuels tax involving exportations, uses, sales, or resales of special fuels.
- § 48.6416(e)-1 Refund to exporter or shipper.
- § 48.6416(f)-1 Credit on returns.
- § 48.6421-4 Meaning of terms.
- § 48.6427-1 Credit or payments to purchaser of special fuels resold or used for nontaxable, farming, or other purposes.
- § 48.6427-2 Credits or payments to purchaser of diesel or special motor fuels used in intercity, local, or school buses.
- § 48.6427-4 Applicable laws.
- § 48.6427-6 Limitation on credit or refund of tax paid on fuel used in intercity, local or school buses after July 31, 1984.
Amendment history
From the source credit and the official notes, newest first.
- Amended by Pub. L. 117–58Parts changed in 2021: (a)(1)(C)(iii)(I) (m)(1)(A) (m)(1)(B)
- Amended by Pub. L. 114–94Parts changed in 2015: (a)(1)(C)(iii)(I) (a)(2)(B)(ii) (a)(2)(B)(iii) (a)(2)(B)(iv) (a)(2)(C) (a)(2)(D) (a)(3)(D) (m)(1)(A) (m)(1)(B)
- Amended by Pub. L. 114–41
- Amended by Pub. L. 112–141Parts changed in 2012: (a)(1)(C)(iii)(I) (m)(1)(A) (m)(1)(B)
- Amended by Pub. L. 112–140
- Amended by Pub. L. 112–102
- Amended by Pub. L. 112–30Parts changed in 2011: (a)(1)(C)(iii)(I) (m)(1)(A) (m)(1)(B)
- Amended by Pub. L. 110–172Parts changed in 2007: (d)(1) (d)(5)
- Amended by Pub. L. 109–432Parts changed in 2006: (b)(2)(B) (b)(2)(C)(ii) (b)(2)(D) (g)(5)
- Amended by Pub. L. 109–280
- Amended by Pub. L. 109–59Parts changed in 2005: (a)(1)(B) (a)(1)(C)(iii)(I) (a)(2) (a)(2)(A) (a)(2)(B) (a)(2)(B)(i) (a)(2)(B)(ii) (a)(2)(B)(iii) (a)(3)(A) (a)(3)(C) (b)(1)(A) (c) (c)(1) (c)(2) (c)(3) (d)(5) (m)(1)(A)
- Amended by Pub. L. 109–58
- Amended by Pub. L. 108–357Parts changed in 2004: (a)(1) (a)(1)(B) (a)(1)(C)(ii)(I) (b)(2)(B) (c) (d)(2) (d)(3) (e) (i) (k) (m)(1)
- Amended by Pub. L. 105–206Parts changed in 1998: (a)(1)(C)(ii)(II) (a)(1)(C)(ii)(III) (a)(1)(C)(iii)(I) (a)(2)(B) (b)(2)(A)(i) (b)(2)(C) (b)(2)(D) (k)(3) (l) (m)(1)(A)
- Amended by Pub. L. 105–178
- Amended by Pub. L. 105–34Parts changed in 1997: (a)(1)(A) (a)(1)(D) (a)(2) (a)(2)(A) (c)(1) (c)(2) (c)(3) (c)(3)(B) (d)(1) (l) (m)(1)(A)
- Amended by Pub. L. 105–2
- Amended by Pub. L. 104–188Parts changed in 1996: (a)(1)(D) (c)(2) (c)(3) (c)(4) (c)(5) (k)(1)(A)
- Amended by Pub. L. 103–66Parts changed in 1993: (a)(1) (a)(2) (a)(3) (b)(1)(B) (b)(1)(C) (b)(2)(A)(i) (c)(1) (c)(2) (c)(3) (c)(5) (d)(1) (d)(2) (d)(3) (f)(3) (g) (k)(1)(A) (k)(1)(B) (m)(1)(A) (m)(1)(B)
- Amended by Pub. L. 102–240Parts changed in 1991: (f)(3)
- Amended by Pub. L. 101–508Parts changed in 1990: (a)(1) (a)(2) (a)(3) (b)(2)(A)(i) (b)(2)(C) (c)(1) (c)(3) (c)(5) (c)(6) (f)(3) (k)(1)(A) (k)(1)(B) (k)(1)(C) (k)(3) (m)(1)(A) (m)(1)(B)
- Amended by Pub. L. 100–647Parts changed in 1988: (b)(1)(A) (b)(1)(B) (b)(1)(C) (b)(2)(A) (b)(3) (c)(3) (f)(3)
- Amended by Pub. L. 100–223Parts changed in 1987: (a)(1) (a)(3) (b)(2)(C) (c)(1) (c)(5) (c)(6) (d)(1) (d)(2) (d)(3) (f)(3) (k)(3) (l) (n)
- Amended by Pub. L. 100–203
- Amended by Pub. L. 100–17
- Amended by Pub. L. 99–514Parts changed in 1986: (b) (b)(2)(A) (b)(3) (d) (f)(3) (g) (l)(1) (n)
- Amended by Pub. L. 99–499
- Amended by Pub. L. 98–369Parts changed in 1984: (a)(1) (k)(1) (l)(1) (m)
- Amended by Pub. L. 97–424Parts changed in 1983: (a) (b) (c)(3) (e) (f)(3) (g) (k)
- Amended by Pub. L. 97–248Parts changed in 1982: (c) (l)
- Amended by Pub. L. 96–298Parts changed in 1980: (c)(5) (k)(3)
- Amended by Pub. L. 96–223
- Amended by Pub. L. 95–618Parts changed in 1978: (b) (c)(3) (e) (h)(2) (i) (k)
- Amended by Pub. L. 95–599, Pub. L. 95–600
- Amended by Pub. L. 94–530Parts changed in 1976: (c)(3) (e) (f)(1) (g) (h) (i)
- Amended by Pub. L. 94–455
- Amended by Pub. L. 94–280
- Amended by Pub. L. 91–605Parts changed in 1970: (b) (c) (c)(3) (d) (e) (f) (g) (h)
- Amended by Pub. L. 91–258
- Amended by Pub. L. 89–44Parts changed in 1965: (b)
- Amended by Pub. L. 87–61Parts changed in 1961: (a) (b) (c) (f)
- Amended by Pub. L. 86–342Parts changed in 1959: (a) (f)
- Enacted by Pub. L. 85–859Parts changed in 1958: (e)
Where it sits in the Code
Nearby sections
Official notes
The Law Revision Counsel's notes for this section (amendments, effective dates and related laws) are long, so they have their own page.