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Internal Revenue Code · 26 U.S.C.

§ 4081. Imposition of tax

In force Text current through Public Law 119-121 (October 9, 2026) release point 119-121

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. § 4081

At a glance

Read from the text, the source credit and the official notes. Not part of the law.

Status
In force
Enacted
September 21, 1959 by Pub. L. 86–342
Last amended
May 16, 2024 by Pub. L. 118–63
Amendments
60 dated changes in the source credit
Length
5 subsections · 2,221 words · about 10 min to read
Cross-references
cites 3; cited by 19 Code sections and 24 other regulations
Regulations
8 issued under this section
(a) Tax imposed
(1) Tax on removal, entry, or sale
(A) In general There is hereby imposed a tax at the rate specified in paragraph (2) on—
(i) the removal of a taxable fuel from any refinery,
(ii) the removal of a taxable fuel from any terminal,
(iii) the entry into the United States of any taxable fuel for consumption, use, or warehousing, and
(iv) the sale of a taxable fuel to any person who is not registered under section 4101 unless there was a prior taxable removal or entry of such fuel under clause (i), (ii), or (iii).
(B) Exemption for bulk transfers to registered terminals or refineries
(i) In general

The tax imposed by this paragraph shall not apply to any removal or entry of a taxable fuel transferred in bulk by pipeline or vessel to a terminal or refinery if the person removing or entering the taxable fuel, the operator of such pipeline or vessel (except as provided in clause (ii)), and the operator of such terminal or refinery are registered under section 4101.

(ii) Nonapplication of registration to vessel operators entering by deep-draft vessel

For purposes of clause (i), a vessel operator is not required to be registered with respect to the entry of a taxable fuel transferred in bulk by a vessel described in section 4042(c)(1).

(2) Rates of tax
(A) In general The rate of the tax imposed by this section is—
(i) in the case of gasoline other than aviation gasoline, 18.3 cents per gallon,
(ii) in the case of aviation gasoline, 19.3 cents per gallon, and
(iii) in the case of diesel fuel or kerosene, 24.3 cents per gallon.
(B) Leaking Underground Storage Tank Trust Fund tax

The rates of tax specified in subparagraph (A) shall each be increased by 0.1 cent per gallon. The increase in tax under this subparagraph shall in this title be referred to as the Leaking Underground Storage Tank Trust Fund financing rate.

(C) Taxes imposed on fuel used in aviation In the case of kerosene which is removed from any refinery or terminal directly into the fuel tank of an aircraft for use in aviation, the rate of tax under subparagraph (A)(iii) shall be—
(i) in the case of use for commercial aviation by a person registered for such use under section 4101, 4.3 cents per gallon, and
(ii) in the case of use for aviation not described in clause (i), 21.8 cents per gallon.
(D) Diesel-water fuel emulsion

In the case of diesel-water fuel emulsion at least 14 percent of which is water and with respect to which the emulsion additive is registered by a United States manufacturer with the Environmental Protection Agency pursuant to section 211 of the Clean Air Act (as in effect on March 31, 2003), subparagraph (A)(iii) shall be applied by substituting “19.7 cents” for “24.3 cents”. The preceding sentence shall not apply to the removal, sale, or use of diesel-water fuel emulsion unless the person so removing, selling, or using such fuel is registered under section 4101.

(3) Certain refueler trucks, tankers, and tank wagons treated as terminal
(A) In general For purposes of paragraph (2)(C), a refueler truck, tanker, or tank wagon shall be treated as part of a terminal if—
(i) such terminal is located within an airport,
(ii) any kerosene which is loaded in such truck, tanker, or wagon at such terminal is for delivery only into aircraft at the airport in which such terminal is located,
(iii) such truck, tanker, or wagon meets the requirements of subparagraph (B) with respect to such terminal, and
(iv) except in the case of exigent circumstances identified by the Secretary in regulations, no vehicle registered for highway use is loaded with kerosene at such terminal.
(B) Requirements A refueler truck, tanker, or tank wagon meets the requirements of this subparagraph with respect to a terminal if such truck, tanker, or wagon—
(i) has storage tanks, hose, and coupling equipment designed and used for the purposes of fueling aircraft,
(ii) is not registered for highway use, and
(iii) is operated by—
(I) the terminal operator of such terminal, or
(II) a person that makes a daily accounting to such terminal operator of each delivery of fuel from such truck, tanker, or wagon.
(C) Reporting The Secretary shall require under section 4101(d) reporting by such terminal operator of—
(i) any information obtained under subparagraph (B)(iii)(II), and
(ii) any similar information maintained by such terminal operator with respect to deliveries of fuel made by trucks, tankers, or wagons operated by such terminal operator.
(D) Applicable rate For purposes of paragraph (2)(C), in the case of any kerosene treated as removed from a terminal by reason of this paragraph—
(i) the rate of tax specified in paragraph (2)(C)(i) in the case of use described in such paragraph shall apply if such terminal is located within a secured area of an airport, and
(ii) the rate of tax specified in paragraph (2)(C)(ii) shall apply in all other cases.
(4) Liability for tax on kerosene used in commercial aviation

For purposes of paragraph (2)(C)(i), the person who uses the fuel for commercial aviation shall pay the tax imposed under such paragraph. For purposes of the preceding sentence, fuel shall be treated as used when such fuel is removed into the fuel tank.

(b) Treatment of removal or subsequent sale by blender
(1) In general

There is hereby imposed a tax at the rate determined under subsection (a) on taxable fuel removed or sold by the blender thereof.

(2) Credit for tax previously paid If—
(A) tax is imposed on the removal or sale of a taxable fuel by reason of paragraph (1), and
(B) the blender establishes the amount of the tax paid with respect to such fuel by reason of subsection (a),
the amount of the tax so paid shall be allowed as a credit against the tax imposed by reason of paragraph (1).
(c) Later separation of fuel from diesel-water fuel emulsion

If any person separates the taxable fuel from a diesel-water fuel emulsion on which tax was imposed under subsection (a) at a rate determined under subsection (a)(2)(D) (or with respect to which a credit or payment was allowed or made by reason of section 6427), such person shall be treated as the refiner of such taxable fuel. The amount of tax imposed on any removal of such fuel by such person shall be reduced by the amount of tax imposed (and not credited or refunded) on any prior removal or entry of such fuel.

(d) Termination
(1) In general

The rates of tax specified in clauses (i) and (iii) of subsection (a)(2)(A) shall be 4.3 cents per gallon after September 30, 2028.

(2) Aviation fuels The rates of tax specified in subsection (a)(2)(A)(ii) and (a)(2)(C)(ii) shall be 4.3 cents per gallon—
(A) after December 31, 1996, and before the date which is 7 days after the date of the enactment of the Airport and Airway Trust Fund Tax Reinstatement Act of 1997, and
(B) after September 30, 2028.
(3) Leaking Underground Storage Tank Trust Fund financing rate

The Leaking Underground Storage Tank Trust Fund financing rate under subsection (a)(2) shall apply after September 30, 1997, and before October 1, 2028.

(e) Refunds in certain cases

Under regulations prescribed by the Secretary, if any person who paid the tax imposed by this section with respect to any taxable fuel establishes to the satisfaction of the Secretary that a prior tax was paid (and not credited or refunded) with respect to such taxable fuel, then an amount equal to the tax paid by such person shall be allowed as a refund (without interest) to such person in the same manner as if it were an overpayment of tax imposed by this section.

(Aug. 16, 1954, ch. 736, 68A Stat. 483; Mar. 30, 1955, ch. 18, § 3(a)(3), 69 Stat. 14; Mar. 29, 1956, ch. 115, § 3(a)(3), 70 Stat. 66; June 29, 1956, ch. 462, title II, § 205, 70 Stat. 389; Pub. L. 86–342, title II, § 201(a), Sept. 21, 1959, 73 Stat. 613; Pub. L. 87–61, title II, § 201(b)–(d), June 29, 1961, 75 Stat. 123, 124; Pub. L. 91–605, title III, § 303(a)(6), Dec. 31, 1970, 84 Stat. 1744; Pub. L. 94–280, title III, § 303(a)(6), May 5, 1976, 90 Stat. 456; Pub. L. 95–599, title V, § 502(a)(5), Nov. 6, 1978, 92 Stat. 2756; Pub. L. 95–618, title II, § 221(a)(1), Nov. 9, 1978, 92 Stat. 3185; Pub. L. 96–223, title II, § 232(a)(1), (b)(3)(A), (d)(3), Apr. 2, 1980, 94 Stat. 273, 276, 277; Pub. L. 97–424, title V, §§ 511(a)(1), (d)(1), 516(a)(3), Jan. 6, 1983, 96 Stat. 2169, 2171, 2182; Pub. L. 98–369, div. A, title VII, § 732(a)(1), (2), title IX, § 912(b), (f), July 18, 1984, 98 Stat. 976, 977, 1007; Pub. L. 99–499, title V, § 521(a)(1), Oct. 17, 1986, 100 Stat. 1774; Pub. L. 99–514, title XVII, § 1703(a), Oct. 22, 1986, 100 Stat. 2774; Pub. L. 100–17, title V, § 502(a)(4), (c)(2), Apr. 2, 1987, 101 Stat. 256, 257; Pub. L. 100–203, title X, § 10502(d)(2), Dec. 22, 1987, 101 Stat. 1330–444; Pub. L. 100–647, title I, § 1017(c)(1), (14), title II, § 2001(d)(5), title VI, § 6104(a), Nov. 10, 1988, 102 Stat. 3575, 3577, 3595, 3711; Pub. L. 101–508, title XI, §§ 11211(a)(1)–(3), (5)(A)–(C), (c)(3), (e)(3), 11212(a), (d)(1), (e)(2), 11215(a), Nov. 5, 1990, 104 Stat. 1388–423, 1388–424, 1388–426, 1388–427, 1388–430, 1388–432, 1388–436; Pub. L. 102–240, title VIII, § 8002(a)(3), Dec. 18, 1991, 105 Stat. 2203; Pub. L. 102–486, title XIX, § 1920(a), (b), Oct. 24, 1992, 106 Stat. 3026; Pub. L. 103–66, title XIII, §§ 13241(a), 13242(a), Aug. 10, 1993, 107 Stat. 510, 514; Pub. L. 104–188, title I, § 1609(a)(2), (g)(1), (2), (4)(B), Aug. 20, 1996, 110 Stat. 1841–1843; Pub. L. 105–2, § 2(a)(2), Feb. 28, 1997, 111 Stat. 4; Pub. L. 105–34, title X, §§ 1031(a)(2), 1032(b), 1033, Aug. 5, 1997, 111 Stat. 929, 933, 937; Pub. L. 105–178, title IX, §§ 9002(a)(1)(F), 9003(a)(1)(C), (b)(2)(B), (C), June 9, 1998, 112 Stat. 499, 502, 503; Pub. L. 108–357, title III, § 301(c)(7), title VIII, §§ 853(a)(1)–(3)(A), (4), 860(a), Oct. 22, 2004, 118 Stat. 1461, 1609–1611, 1618; Pub. L. 109–6, § 1(a), Mar. 31, 2005, 119 Stat. 20; Pub. L. 109–58, title XIII, §§ 1343(a), (b)(2), 1362(a), Aug. 8, 2005, 119 Stat. 1051, 1052, 1059; Pub. L. 109–59, title XI, §§ 11101(a)(1)(F), 11151(b)(1), (2), 11161(a)(1)–(4)(D), 11166(b)(1), Aug. 10, 2005, 119 Stat. 1944, 1968–1970, 1976; Pub. L. 110–161, div. K, title I, § 116(a), Dec. 26, 2007, 121 Stat. 2381; Pub. L. 110–190, § 2(a), Feb. 28, 2008, 122 Stat. 643; Pub. L. 110–253, § 2(a), June 30, 2008, 122 Stat. 2417; Pub. L. 110–330, § 2(a), Sept. 30, 2008, 122 Stat. 3717; Pub. L. 111–12, § 2(a), Mar. 30, 2009, 123 Stat. 1457; Pub. L. 111–69, § 2(a), Oct. 1, 2009, 123 Stat. 2054; Pub. L. 111–116, § 2(a), Dec. 16, 2009, 123 Stat. 3031; Pub. L. 111–153, § 2(a), Mar. 31, 2010, 124 Stat. 1084; Pub. L. 111–161, § 2(a), Apr. 30, 2010, 124 Stat. 1126; Pub. L. 111–197, § 2(a), July 2, 2010, 124 Stat. 1353; Pub. L. 111–216, title I, § 101(a), Aug. 1, 2010, 124 Stat. 2349; Pub. L. 111–249, § 2(a), Sept. 30, 2010, 124 Stat. 2627; Pub. L. 111–329, § 2(a), Dec. 22, 2010, 124 Stat. 3566; Pub. L. 112–7, § 2(a), Mar. 31, 2011, 125 Stat. 31; Pub. L. 112–16, § 2(a), May 31, 2011, 125 Stat. 218; Pub. L. 112–21, § 2(a), June 29, 2011, 125 Stat. 233; Pub. L. 112–27, § 2(a), Aug. 5, 2011, 125 Stat. 270; Pub. L. 112–30, title I, § 142(a)(1)(C), (2)(D), title II, § 202(a), Sept. 16, 2011, 125 Stat. 356, 357; Pub. L. 112–91, § 2(a), Jan. 31, 2012, 126 Stat. 3; Pub. L. 112–95, title XI, § 1101(a), Feb. 14, 2012, 126 Stat. 148; Pub. L. 112–102, title IV, § 402(a)(1)(C), (2)(D), Mar. 30, 2012, 126 Stat. 282; Pub. L. 112–140, title IV, § 402(a)(1)(C), (2)(D), June 29, 2012, 126 Stat. 402; Pub. L. 112–141, div. D, title I, § 40102(a)(1)(C), (2)(D), July 6, 2012, 126 Stat. 844; Pub. L. 114–55, title II, § 202(a), Sept. 30, 2015, 129 Stat. 525; Pub. L. 114–94, div. C, title XXXI, § 31102(a)(1)(C), (2)(D), Dec. 4, 2015, 129 Stat. 1727; Pub. L. 114–141, title II, § 202(a), Mar. 30, 2016, 130 Stat. 324; Pub. L. 114–190, title I, § 1202(a), July 15, 2016, 130 Stat. 619; Pub. L. 115–63, title II, § 202(a), Sept. 29, 2017, 131 Stat. 1171; Pub. L. 115–141, div. M, title I, § 202(a), Mar. 23, 2018, 132 Stat. 1048; Pub. L. 115–254, div. B, title VIII, § 802(a), Oct. 5, 2018, 132 Stat. 3428; Pub. L. 117–58, div. H, title I, § 80102(a)(1)(C), (2)(D), Nov. 15, 2021, 135 Stat. 1327; Pub. L. 118–15, div. B, title II, § 2212(a), Sept. 30, 2023, 137 Stat. 85; Pub. L. 118–34, title II, § 202(a), Dec. 26, 2023, 137 Stat. 1115; Pub. L. 118–41, title II, § 202(a), Mar. 8, 2024, 138 Stat. 23; Pub. L. 118–63, title XIII, § 1302(a), May 16, 2024, 138 Stat. 1433.)

Regulations under this section

Treasury regulations (26 CFR) issued under § 4081

Cross-references

Computed from the citations in the text of Title 26 and 26 CFR.

This section cites 3 other sections

Cited by 19 Code sections

Cited in 24 regulations not issued under it

Amendment history

From the source credit and the official notes, newest first.

  1. Amended by Pub. L. 118–63Parts changed in 2024: (d)(2)(B)
  2. Amended by Pub. L. 118–41
  3. Amended by Pub. L. 118–34Parts changed in 2023: (d)(2)(B)
  4. Amended by Pub. L. 118–15
  5. Amended by Pub. L. 117–58Parts changed in 2021: (d)(1) (d)(3)
  6. Amended by Pub. L. 115–254Parts changed in 2018: (d)(2)(B)
  7. Amended by Pub. L. 115–141
  8. Amended by Pub. L. 115–63Parts changed in 2017: (d)(2)(B)
  9. Amended by Pub. L. 114–190Parts changed in 2016: (d)(2)(B)
  10. Amended by Pub. L. 114–141
  11. Amended by Pub. L. 114–94Parts changed in 2015: (d)(1) (d)(2)(B) (d)(3)
  12. Amended by Pub. L. 114–55
  13. Amended by Pub. L. 112–141Parts changed in 2012: (d)(1) (d)(2)(B) (d)(3)
  14. Amended by Pub. L. 112–140
  15. Amended by Pub. L. 112–102
  16. Amended by Pub. L. 112–95
  17. Amended by Pub. L. 112–91
  18. Amended by Pub. L. 112–30Parts changed in 2011: (d)(1) (d)(2)(B) (d)(3)
  19. Amended by Pub. L. 112–27
  20. Amended by Pub. L. 112–21
  21. Amended by Pub. L. 112–16
  22. Amended by Pub. L. 112–7
  23. Amended by Pub. L. 111–329Parts changed in 2010: (d)(2)(B)
  24. Amended by Pub. L. 111–249
  25. Amended by Pub. L. 111–216
  26. Amended by Pub. L. 111–197
  27. Amended by Pub. L. 111–161
  28. Amended by Pub. L. 111–153
  29. Amended by Pub. L. 111–116Parts changed in 2009: (d)(2)(B)
  30. Amended by Pub. L. 111–69
  31. Amended by Pub. L. 111–12
  32. Amended by Pub. L. 110–330Parts changed in 2008: (d)(2)(B)
  33. Amended by Pub. L. 110–253
  34. Amended by Pub. L. 110–190
  35. Amended by Pub. L. 110–161Parts changed in 2007: (d)(2)(B)
  36. Amended by Pub. L. 109–59Parts changed in 2005: (a)(1)(B) (a)(2)(A)(ii) (a)(2)(C) (a)(2)(D) (a)(3)(A)(i) (a)(3)(A)(ii) (a)(3)(D) (a)(4) (c) (d)(1) (d)(2) (d)(3)
  37. Amended by Pub. L. 109–58
  38. Amended by Pub. L. 109–6
  39. Amended by Pub. L. 108–357Parts changed in 2004: (a)(1)(B) (a)(2)(A)(iv) (a)(2)(C) (a)(3) (a)(4) (c)
  40. Amended by Pub. L. 105–178Parts changed in 1998: (c)(4)(A) (c)(5) (c)(8) (d)(1)
  41. Amended by Pub. L. 105–34Parts changed in 1997: (a)(2)(A)(iii) (d)(1) (d)(2)(B) (d)(3)
  42. Amended by Pub. L. 105–2
  43. Amended by Pub. L. 104–188Parts changed in 1996: (a)(2)(A) (d)(1) (d)(2)
  44. Amended by Pub. L. 103–66Parts changed in 1993: (a)(2)(B)(iii)
  45. Amended by Pub. L. 102–486Parts changed in 1992: (c)(1) (c)(2) (c)(4)
  46. Amended by Pub. L. 102–240Parts changed in 1991: (d)(1)
  47. Amended by Pub. L. 101–508Parts changed in 1990: (a)(1) (a)(2)(A)(iii) (a)(2)(B)(i) (a)(2)(B)(iii) (a)(3) (c)(1) (c)(2) (c)(4) (c)(5) (d)(1) (d)(2) (d)(3) (e)
  48. Amended by Pub. L. 100–647Parts changed in 1988: (a) (b)(1) (c)(1) (c)(2) (d) (d)(1) (d)(2)(A) (e)
  49. Amended by Pub. L. 100–203Parts changed in 1987: (c)(4) (e)(1) (e)(2)(B)
  50. Amended by Pub. L. 100–17
  51. Amended by Pub. L. 99–514Parts changed in 1986: (a) (b) (c)(1) (c)(2) (d) (e)
  52. Amended by Pub. L. 99–499
  53. Amended by Pub. L. 98–369Parts changed in 1984: (c)(1) (c)(2) (c)(3)
  54. Amended by Pub. L. 97–424Parts changed in 1983: (a) (b) (c)(1) (c)(2)
  55. Amended by Pub. L. 96–223Parts changed in 1980: (c)(2) (c)(3) (c)(4)
  56. Amended by Pub. L. 95–618Parts changed in 1978: (b) (c)
  57. Amended by Pub. L. 95–599
  58. Amended by Pub. L. 94–280Parts changed in 1976: (b)
  59. Amended by Pub. L. 91–605Parts changed in 1970: (b)
  60. Amended by Pub. L. 87–61Parts changed in 1961: (a) (b) (c)
  61. Enacted by Pub. L. 86–342Parts changed in 1959: (c)

Where it sits in the Code

  1. Subtitle D Miscellaneous Excise Taxes
  2. Chapter 32 MANUFACTURERS EXCISE TAXES
  3. Subchapter A Automotive and Related Items
  4. Part III PETROLEUM PRODUCTS
  5. Subpart A Motor and Aviation Fuels

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.