Internal Revenue Code · 26 U.S.C.

§ 6715. Dyed fuel sold for use or used in taxable use, etc.

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. § 6715

At a glance

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

Status: In force
Added: August 10, 1993 by Pub. L. 103–66
Last amended: October 22, 2004 by Pub. L. 108–357
Amendments: 3 dated changes in the source credit
Length: 5 subsections · 521 words · about 2 min to read
Defines: 2 terms
Cross-references: cites 1; cited by 1 Code section and 3 other regulations
Regulations: 1 issued under this section

¶(a) Imposition of penalty If—

¶(1) any dyed fuel is sold or held for sale by any person for any use which such person knows or has reason to know is not a nontaxable use of such fuel,

¶(2) any dyed fuel is held for use or used by any person for a use other than a nontaxable use and such person knew, or had reason to know, that such fuel was so dyed,

¶(3) any person willfully alters, chemically or otherwise, or attempts to so alter, the strength or composition of any dye or marking done pursuant to section 4082 in any dyed fuel, or

¶(4) any person who has knowledge that a dyed fuel which has been altered as described in paragraph (3) sells or holds for sale such fuel for any use which the person knows or has reason to know is not a nontaxable use of such fuel,

then such person shall pay a penalty in addition to the tax (if any).

¶(b) Amount of penalty

¶(1) In general Except as provided in paragraph (2), the amount of the penalty under subsection (a) on each act shall be the greater of—

¶(A) $1,000, or

¶(B) $10 for each gallon of the dyed fuel involved.

¶(2) Multiple violations

In determining the penalty under subsection (a) on any person, paragraph (1) shall be applied by increasing the amount in paragraph (1)(A) by the product of such amount and the number of prior penalties (if any) imposed by this section on such person (or a related person or any predecessor of such person or related person).

¶(c) Definitions For purposes of this section—

¶(1) Dyed fuel

The term “dyed fuel” means any dyed diesel fuel or kerosene, whether or not the fuel was dyed pursuant to section 4082.

¶(2) Nontaxable use

The term “nontaxable use” has the meaning given such term by section 4082(b).

¶(d) Joint and several liability of certain officers and employees

If a penalty is imposed under this section on any business entity, each officer, employee, or agent of such entity who willfully participated in any act giving rise to such penalty shall be jointly and severally liable with such entity for such penalty.

¶(e) No administrative appeal for third and subsequent violations In the case of any person who is found to be subject to the penalty under this section after a chemical analysis of such fuel and who has been penalized under this section at least twice after the date of the enactment of this subsection, no administrative appeal or review shall be allowed with respect to such finding except in the case of a claim regarding—

¶(1) fraud or mistake in the chemical analysis, or

¶(2) mathematical calculation of the amount of the penalty.

(Added Pub. L. 103–66, title XIII, § 13242(b)(1), Aug. 10, 1993, 107 Stat. 520, § 6714; renumbered § 6715, Pub. L. 104–188, title I, § 1703(n)(9)(A), Aug. 20, 1996, 110 Stat. 1877; amended Pub. L. 105–34, title X, § 1032(e)(11), Aug. 5, 1997, 111 Stat. 935; Pub. L. 108–357, title VIII, §§ 855(a), 856(a), (b), Oct. 22, 2004, 118 Stat. 1616, 1617.)

Terms defined here

Where the text says “the term … means”. Select a term to jump to its definition.

dyed fuel § 6715(c)(1)
nontaxable use § 6715(c)(2)

Regulations under this section

Treasury regulations (26 CFR) issued under § 6715

§ 48.6715-1 Penalty for misuse of dyed fuel.

Cross-references

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

This section cites 1 other section

§ 4082 Exemptions for diesel fuel and kerosene

Cited by 1 Code section

§ 9503(b)(5)(A) Highway Trust Fund

Cited in 3 regulations not issued under it

Amendment history

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

October 22, 2004Amended by Pub. L. 108–357Parts changed in 2004: (a)(2) (a)(3) (a)(4) (e)
August 5, 1997Amended by Pub. L. 105–34Parts changed in 1997: (c)(1)
August 20, 1996Amended by Pub. L. 104–188
August 10, 1993Added by Pub. L. 103–66

Where it sits in the Code

Nearby sections

Official notes

Show the Law Revision Counsel's notes (amendments, effective dates)

Editorial Notes

References in Text

The date of the enactment of this subsection, referred to in subsec. (e), is the date of enactment of Pub. L. 108–357, which was approved Oct. 22, 2004.

Amendments

2004—Subsec. (a)(2). Pub. L. 108–357, § 856(a), which directed amendment of par. (2) by striking “or”, was executed by striking “or” at the end.

Subsec. (a)(3). Pub. L. 108–357, § 856(b), substituted “alters, chemically or otherwise, or attempts to so alter,” for “alters, or attempts to alter,”.

Pub. L. 108–357, § 856(a), inserted “or” at end.

Subsec. (a)(4). Pub. L. 108–357, § 856(a), added par. (4).

Subsec. (e). Pub. L. 108–357, § 855(a), added subsec. (e).

1997—Subsec. (c)(1). Pub. L. 105–34 inserted “or kerosene” after “diesel fuel”.

1996—Pub. L. 104–188 renumbered section 6714 of this title as this section.

Effective Date of 2004 Amendment

Pub. L. 108–357, title VIII, § 855(b), Oct. 22, 2004, 118 Stat. 1616, provided that: “The amendment made by this section [amending this section] shall apply to penalties assessed after the date of the enactment of this Act [Oct. 22, 2004].”

Pub. L. 108–357, title VIII, § 856(c), Oct. 22, 2004, 118 Stat. 1617, provided that: “The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Oct. 22, 2004].”

Effective Date of 1997 Amendment

Amendment by Pub. L. 105–34 effective July 1, 1998, see section 1032(f)(1) of Pub. L. 105–34, as amended, set out as a note under section 4041 of this title.

Effective Date

Section effective Jan. 1, 1994, see section 13242(e) of Pub. L. 103–66, set out as an Effective Date of 1993 Amendment note under section 4041 of this title.