Publication 510
taxmap/pubs/p510-002.htm#en_us_publink1000116799taxmap/pubs/p510-002.htm#en_us_publink1000116800Excise taxes are imposed on all the following fuels.
- Gasoline, including aviation gasoline and gasoline blendstocks.
- Diesel fuel, including dyed diesel fuel.
- Diesel-water fuel emulsion.
- Kerosene, including dyed kerosene and kerosene used in aviation.
- Other Fuels (including alternative fuels).
- Compressed natural gas (CNG).
- Fuels used in commercial transportation on inland waterways.
The following terms are used throughout the discussion of fuel
taxes. Other terms are defined in the discussion of the specific fuels to which
they pertain.
taxmap/pubs/p510-002.htm#en_us_publink1000116801Agri-biodiesel means biodiesel derived solely from virgin oils,
including esters derived from virgin vegetable oils from corn, soybeans,
sunflower seeds, cottonseeds, canola, crambe, rapeseeds, safflowers, flaxseeds,
rice bran, mustard seeds, and camelina, and from animal fats.
taxmap/pubs/p510-002.htm#en_us_publink1000116802This is a terminal operated by a registrant that is a terminal
operator or a refinery operated by a registrant that is a refiner.
taxmap/pubs/p510-002.htm#en_us_publink1000116803Biodiesel means the monoalkyl esters of long chain fatty acids
derived from plant or animal matter that meet the registration requirements for
fuels and fuel additives established by the Environmental Protection Agency
(EPA) under section 211 of the Clean Air Act, and the requirements of the
American Society of Testing Materials (ASTM) D6751.
taxmap/pubs/p510-002.htm#en_us_publink1000116804This means any taxable fuel produced outside the bulk transfer/terminal
system by mixing taxable fuel on which excise tax has been imposed and any other
liquid on which excise tax has not been imposed. This does not include a mixture
removed or sold during the calendar quarter if all such mixtures removed or sold
by the blender contain less than 400 gallons of a liquid on which the tax has
not been imposed.
taxmap/pubs/p510-002.htm#en_us_publink1000116805This is the person that produces blended taxable fuel.
taxmap/pubs/p510-002.htm#en_us_publink1000116806This is the transfer of taxable fuel by pipeline or vessel.
taxmap/pubs/p510-002.htm#en_us_publink1000116807This is the taxable fuel distribution system consisting of refineries,
pipelines, vessels, and terminals. Fuel in the supply tank of any engine, or in
any tank car, railcar, trailer, truck, or other equipment suitable for ground
transportation is not in the bulk transfer/terminal system.
taxmap/pubs/p510-002.htm#en_us_publink1000118031Cellulosic biofuel means any liquid fuel produced from any lignocellulosic
or hemicellulosic matter that is available on a renewable or recurring basis
that meets the registration requirements for fuels and fuel additives
established by the EPA under section 211 of the Clean Air Act. Cellulosic
biofuel does not include any alcohol with a proof of less than 150 (without
regard to denaturants). For fuels sold or used after December 31, 2009,
cellulosic biofuel does not include fuel of which more than 4% (determined by
weight) is any combination of water and sediment, fuel of which the ash content
is more than 1%, or fuel that has an acid number greater than 25.
taxmap/pubs/p510-002.htm#en_us_publink1000116808A diesel-water fuel emulsion means an emulsion at least 14% of
which is water. The emulsion additive used to produce the fuel must be
registered by a United States manufacturer with the EPA under section 211 of the
Clean Air Act as in effect on March 31, 2003.
taxmap/pubs/p510-002.htm#en_us_publink1000116809This is the importer of record (under customs law) for the taxable
fuel. However, if the importer of record is acting as an agent, such as a
customs broker, the person for whom the agent is acting is the enterer. If there
is no importer of record, the owner at the time of entry into the United States
is the enterer.
taxmap/pubs/p510-002.htm#en_us_publink1000116810Taxable fuel is entered into the United States when it is brought
into the United States and applicable customs law requires that it be entered
for consumption, use, or warehousing. This does not apply to fuel brought into
Puerto Rico (which is part of the U.S. customs territory), but does apply to
fuel brought into the United States from Puerto Rico.
taxmap/pubs/p510-002.htm#en_us_publink1000116811Volumes of taxable fuel can be measured on the basis of actual
volumetric gallons or gallons adjusted to 60 degrees Fahrenheit.
taxmap/pubs/p510-002.htm#en_us_publink1000116812Other Fuels means any liquid except gas oil, fuel oil, or any
product taxable under Internal Revenue Code section 4081. It includes the
alternative fuels: LPG, "P Series" fuels, CNG, liquefied hydrogen, any liquid
fuel derived from coal (including peat) through the Fischer-Tropsch process,
liquid fuel derived from biomass, LNG, and liquefied gas derived from biomass.
See
Alternative Fuel Credits in chapter 2.
taxmap/pubs/p510-002.htm#en_us_publink1000116813This is the person that operates a pipeline within the bulk transfer/terminal
system.
taxmap/pubs/p510-002.htm#en_us_publink1000116814This is the person that holds the inventory position in the taxable
fuel in the terminal, as reflected in the records of the terminal operator. You
hold the inventory position when you have a contractual agreement with the
terminal operator for the use of the storage facilities and terminaling services
for the taxable fuel. A terminal operator that owns taxable fuel in its terminal
is a position holder.
taxmap/pubs/p510-002.htm#en_us_publink1000116815This is a mechanism capable of delivering fuel into a means of
transport other than a pipeline or vessel.
taxmap/pubs/p510-002.htm#en_us_publink1000116816This is any person that owns, operates, or otherwise controls
a refinery.
taxmap/pubs/p510-002.htm#en_us_publink1000116817This is a facility used to produce taxable fuel and from which
taxable fuel may be removed by pipeline, by vessel, or at a rack. However, this
term does not include a facility where only blended fuel, and no other type of
fuel, is produced. For this purpose, blended fuel is any mixture that would be
blended taxable fuel if produced outside the bulk transfer/terminal system.
taxmap/pubs/p510-002.htm#en_us_publink1000116818This is a taxable fuel registrant (see
Registration Requirements,
later).
taxmap/pubs/p510-002.htm#en_us_publink1000116819This is any physical transfer of taxable fuel. It also means
any use of taxable fuel other than as a material in the production of taxable
fuel or Other Fuels. However, taxable fuel is not removed when it evaporates or
is otherwise lost or destroyed.
taxmap/pubs/p510-002.htm#en_us_publink1000116820See
Renewable Diesel Credits in chapter 2.
taxmap/pubs/p510-002.htm#en_us_publink1000116821For taxable fuel not in a terminal, this is the transfer of title
to, or substantial incidents of ownership in, taxable fuel to the buyer for
money, services, or other property. For taxable fuel in a terminal, this is the
transfer of the inventory position if the transferee becomes the position holder
for that taxable fuel.
taxmap/pubs/p510-002.htm#en_us_publink1000116822This includes any state, any of its political subdivisions, the
District of Columbia, and the American Red Cross. An Indian tribal government is
treated as a state only if transactions involve the exercise of an essential
tribal government function.
taxmap/pubs/p510-002.htm#en_us_publink1000116823This means gasoline, diesel fuel, and kerosene.
taxmap/pubs/p510-002.htm#en_us_publink1000116824This is a storage and distribution facility supplied by pipeline
or vessel, and from which taxable fuel may be removed at a rack. It does not
include a facility at which gasoline blendstocks are used in the manufacture of
products other than finished gasoline if no gasoline is removed from the
facility. A terminal does not include any facility where finished gasoline,
diesel fuel, or kerosene is stored if the facility is operated by a registrant
and all such taxable fuel stored at the facility has been previously taxed upon
removal from a refinery or terminal.
taxmap/pubs/p510-002.htm#en_us_publink1000116825This is any person that owns, operates, or otherwise controls
a terminal.
taxmap/pubs/p510-002.htm#en_us_publink1000116826This is any person that is a position holder or that owns taxable
fuel within the bulk transfer/terminal system (other than in a terminal).
taxmap/pubs/p510-002.htm#en_us_publink1000116827This is the person that operates a vessel within the bulk transfer/terminal
system. However, vessel does not include a deep draft ocean-going vessel.