(a) General Rule There is hereby imposed a tax at the rate specified in subsection (c) on—
Amended 1986
- 1986 Pub. L. 99-499 Pub. L. 99–499, § 512(a), substituted “at the rate specified in subsection (c)” for “of 0.79 cent a barrel”.
Cases: George E. Warren Corporation v. United States, 341 F.3d 1348 (Fed. Cir. 2003)
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(1) crude oil received at a United States refinery, and
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(2) petroleum products entered into the United States for consumption, use, or warehousing.
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(b) Tax on certain uses and exportation
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(1) In general If—
(A) any domestic crude oil is used in or exported from the United States, and
(B) before such use or exportation, no tax was imposed on such crude oil under subsection (a),
then a tax at the rate specified in subsection (c) is hereby imposed on such crude oil.
Amended 1986
- 1986 Pub. L. 99-499 Pub. L. 99–499, § 512(a), substituted “at the rate specified in subsection (c)” for “of 0.79 cent a barrel”.
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(2) Exception for use on premises where produced Paragraph (1) shall not apply to any use of crude oil for extracting oil or natural gas on the premises where such crude oil was produced.
(c) Rate of tax
Amended 1986
- 1986 Pub. L. 99-509 Pub. L. 99–509, § 8032(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows:
- 1986 “(1) In general.—Except as provided in paragraph (2), the rate of the taxes imposed by this section is 8.2 cents a barrel.
- 1986 “(2) Imported petroleum products.—The rate of the tax imposed by subsection (a)(2) shall be 11.7 cents a barrel.”
- 1986 Pub. L. 99-499 Pub. L. 99–499, § 512(b), added subsec. (c) and redesignated former subsec. (c) as (d).
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(1) In general The rate of the taxes imposed by this section is the sum of—
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(A) the Hazardous Substance Superfund financing rate, and
(B) the Oil Spill Liability Trust Fund financing rate.
(2) Rates For purposes of paragraph (1)—
(A) the Hazardous Substance Superfund financing rate is 16.4 cents a barrel, and
Amended 1989, 2022
- 2022 Pub. L. 117-169 Pub. L. 117–169, § 13601(a)(2)(A), substituted “16.4 cents” for “9.7 cents”.
- 1989 Pub. L. 101-221 Pub. L. 101–221 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the Hazardous Substance Superfund financing rate is—
“(i) except as provided in clause (ii), 8.2 cents a barrel, and
“(ii) 11.7 cents a barrel in the case of the tax imposed by subsection (a)(2), and”.
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(B) the Oil Spill Liability Trust Fund financing rate is—
Amended 1989, 2008
- 2008 Pub. L. 110-343 Pub. L. 110–343, § 405(a)(1), substituted “is—” for “is 5 cents a barrel.” and added cls. (i) and (ii).
- 1989 Pub. L. 101-239 Pub. L. 101–239, § 7505(b), substituted “5 cents” for “1.3 cents”.
(i) in the case of crude oil received or petroleum products entered before January 1, 2017, 8 cents a barrel, and
(ii) in the case of crude oil received or petroleum products entered after December 31, 2016, 9 cents a barrel.
(3) Adjustment for inflation
Amended 2022
- 2022 Pub. L. 117-169 Pub. L. 117–169, § 13601(a)(2)(B), added par. (3).
(A) In general In the case of a year beginning after 2023, the amount in paragraph (2)(A) shall be increased by an amount equal to—
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(i) such amount, multiplied by
(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting “calendar year 2022” for “calendar year 2016” in subparagraph (A)(ii) thereof.
(B) Rounding If any amount as adjusted under subparagraph (A) is not a multiple of $0.01, such amount shall be rounded to the next lowest multiple of $0.01.
(d) Persons liable for tax
Amended 1986
- 1986 Pub. L. 99-499 Pub. L. 99–499, § 512(b), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).
(1) Crude oil received at refinery The tax imposed by subsection (a)(1) shall be paid by the operator of the United States refinery.
(2) Imported petroleum product The tax imposed by subsection (a)(2) shall be paid by the person entering the product for consumption, use, or warehousing.
(3) Tax on certain uses or exports The tax imposed by subsection (b) shall be paid by the person using or exporting the crude oil, as the case may be.
[(e) Repealed. Pub. L. 117–169, title I, § 13601(a)(1), Aug. 16, 2022, 136 Stat. 1981]
Amended 1986, 1990, 2014, 2022
- 2022 Pub. L. 117-169 Pub. L. 117–169, § 13601(a)(1), struck out subsec. (e) which related to application of Hazardous Substance Superfund financing rate.
- 2014 Pub. L. 113-295 Pub. L. 113–295, § 221(a)(12)(I)(i), substituted “this section” for “section 59A, this section,”.
- 2014 Pub. L. 113-295 Pub. L. 113–295, § 221(a)(12)(I)(ii), struck out “section 59A,” after “collected under” and comma after “rate)”.
- 1990 Pub. L. 101-508 Pub. L. 101–508, § 11231(a)(1)(B), substituted “January 1, 1996” for “January 1, 1992”.
- 1990 Pub. L. 101-508 Pub. L. 101–508, § 11231(a)(2), substituted “1993” for “1989” and “1994” for “1990” in introductory provisions and “1994” for “1990” and “1995” for “1991” in subpar. (B) and concluding provisions.
- 1990 Pub. L. 101-508 Pub. L. 101–508, § 11231(b), substituted “$11,970,000,000” for “$6,650,000,000” in heading.
- 1990 Pub. L. 101-508 Pub. L. 101–508, § 11231(b), substituted “December 31, 1995” for “December 31, 1991”.
- 1990 Pub. L. 101-508 Pub. L. 101–508, § 11231(a)(1)(B), (b), substituted “January 1, 1996” for “January 1, 1992” in heading and text and “$11,970,000,000” for “$6,650,000,000” in heading and twice in text.
- 1986 Pub. L. 99-509 Pub. L. 99–509, § 8032(c)(1), substituted “Hazardous Substance Superfund financing rate” for “taxes” in heading, substituted “the Hazardous Substance Superfund financing rate under this section” for “the taxes imposed by this section” in par. (1), inserted “(to the extent attributable to the Hazardous Substance Superfund financing rate)” after “this section” in pars. (2) and (3)(A), and substituted “the Hazardous Substance Superfund financing rate under this section shall not apply” for “no tax shall be imposed under this section” in par. (3)(B).
- 1986 Pub. L. 99-499 Pub. L. 99–499, §§ 511(a), 512(b), amended subsec. (d) generally and redesignated it as (e). Prior to amendment and redesignation, subsec. (d), termination, read as follows: “The taxes imposed by this section shall not apply after September 30, 1985, except that if on September 30, 1983, or September 30, 1984—
“(1) the unobligated balance in the Hazardous Substance Response Trust Fund as of such date exceeds $900,000,000, and
“(2) the Secretary, after consultation with the Administrator of the Environmental Protection Agency, determines that such unobligated balance will exceed $500,000,000 on September 30 of the following year if no tax is imposed under section 4611 or 4661 during the calendar year following the date referred to above,
then no tax shall be imposed by this section during the first calendar year beginning after the date referred to in paragraph (1).”
(f) Application of Oil Spill Liability Trust Fund financing rate
Amended 1986, 1989, 2005, 2008
- 2008 Pub. L. 110-343 Pub. L. 110–343, § 405(b)(1), added par. (2) and struck out former pars. (2) and (3), which provided that the Oil Spill Liability Trust Fund financing rate would not apply if the unobligated balance in the Fund exceeded $2,700,000,000 and that the Fund financing rate would not apply after Dec. 31, 2014.
- 2005 Pub. L. 109-58 Pub. L. 109–58 reenacted heading without change and amended text generally. Prior to amendment, text read as follows:
- 2005 “(1) In general.—Except as provided in paragraph (2), the Oil Spill Liability Trust Fund financing rate under subsection (c) shall apply after December 31, 1989, and before January 1, 1995.
- 2005 “(2) No tax if unobligated balance in fund exceeds $1,000,000,000.—The Oil Spill Liability Trust Fund financing rate shall not apply during any calendar quarter if the Secretary estimates that as of the close of the preceding calendar quarter the unobligated balance in the Oil Spill Liability Trust Fund exceeds $1,000,000,000.”
- 1989 Pub. L. 101-239 Pub. L. 101–239, § 7505(a)(1), amended subsec. (f) generally, substituting pars. (1) and (2) for former pars. (1) general applicability, (2) commencement date, and (3) limit on tax of $300,000,000.
- 1986 Pub. L. 99-509 Pub. L. 99–509, § 8032(c)(2), added subsec. (f).
(1) In general Except as provided in paragraph (2), the Oil Spill Liability Trust Fund financing rate under subsection (c) shall apply on and after April 1, 2006, or if later, the date which is 30 days after the last day of any calendar quarter for which the Secretary estimates that, as of the close of that quarter, the unobligated balance in the Oil Spill Liability Trust Fund is less than $2,000,000,000.
Amended 2008
- 2008 Pub. L. 110-343 Pub. L. 110–343, § 405(b)(2), substituted “paragraph (2)” for “paragraphs (2) and (3)”.
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(2) Termination The Oil Spill Liability Trust Fund financing rate shall not apply after December 31, 2025.
Amended 1988, 2008, 2018, 2019, 2020
- 2020 Pub. L. 116-260 Pub. L. 116–260 substituted “December 31, 2025” for “December 31, 2020”.
- 2019 Pub. L. 116-94 Pub. L. 116–94 substituted “December 31, 2020” for “December 31, 2018”.
- 2018 Pub. L. 115-123 Pub. L. 115–123 substituted “December 31, 2018” for “December 31, 2017”.
- 2008 Pub. L. 110-343 Pub. L. 110–343, § 405(b)(1), added par. (2) and struck out former pars. (2) and (3), which provided that the Oil Spill Liability Trust Fund financing rate would not apply if the unobligated balance in the Fund exceeded $2,700,000,000 and that the Fund financing rate would not apply after Dec. 31, 2014.
- 1988 Pub. L. 100-647 Pub. L. 100–647 substituted “December 31, 1990” for “September 1, 1987”.