# Prop. Treas. Reg. § 52.4672-2: List of taxable substances.

Proposed regulation, not in force. REG-105954-22, 88 FR 18446, published 2023-03-29 <https://www.federalregister.gov/documents/2023/03/29/2023-06278/superfund-chemical-taxes>. Interprets 26 U.S.C. § 4672.

Par. 11. Section 52.4672-2 is added to read as follows:

(a) Overview. Section 4672(a)(3) of the Internal Revenue Code (Code) provides the initial list of taxable substances. Section 4672(a)(2) and (4) provides mechanisms by which substances may be added to or removed from the list. Therefore, the list of taxable substances is subject to change. The Internal Revenue Service (IRS) will maintain the current list of taxable substances at https://www.irs.gov/businesses/small-businesses-self-employed/superfund-chemical-excise-taxes.

(b) Requests to modify the list of taxable substances —(1) In general. An importer or exporter of any substance, or a person other than an importer or exporter (interested person), may petition to add a substance to or remove a substance from the list of taxable substances. See section 4672(a)(2). The procedures governing the exclusive process by which importers, exporters, and interested persons may request modifications to the list of taxable substances are provided in guidance published in the Internal Revenue Bulletin. See § 601.601(d) of this chapter.

(2) Synthetic organic substances. A synthetic organic substance is eligible for addition to the list of taxable substances through the process described in paragraph (b)(1) of this section unless such substance is a textile fiber (other than a polymer in extruded fiber form), yarn, or staple, or a fabricated product that is molded, formed, woven, or otherwise finished into an end-use product. However, such substance may be added to the list of taxable substances only if it meets the weight or value test.

(3) Inorganic substances. An inorganic substance is eligible for addition to the list of taxable substances through the process described in paragraph (b)(1) of this section unless it is a fabricated product that is molded, formed, or otherwise finished into an end-use product. However, such substance may be added to the list of taxable substances only if it meets the weight or value test.

(c) Applicability date. This section applies to calendar quarters beginning on or after [date of publication of final regulations in the Federal Register ].