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U.S. Code as of:
01/19/04
Section 4611. Imposition of tax
(a) General Rule
There is hereby imposed a tax at the rate specified in subsection
(c) on -
(1) crude oil received at a United States refinery, and
(2) petroleum products entered into the United States for
consumption, use, or warehousing.
(b) Tax on certain uses and exportation
(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.
(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
(1) In general
The rate of the taxes imposed by this section is the sum of -
(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 9.7
cents a barrel, and
(B) the Oil Spill Liability Trust Fund financing rate is 5
cents a barrel.
(d) Persons liable for tax
(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) Application of Hazardous Substance Superfund financing rate
(1) In general
Except as provided in paragraphs (2) and (3), the Hazardous
Substance Superfund financing rate under this section shall apply
after December 31, 1986, and before January 1, 1996.
(2) No tax if unobligated balance in Fund exceeds $3,500,000,000
If on December 31, 1993, or December 31, 1994 -
(A) the unobligated balance in the Hazardous Substance
Superfund exceeds $3,500,000,000, and
(B) the Secretary, after consultation with the Administrator
of the Environmental Protection Agency, determines that the
unobligated balance in the Hazardous Substance Superfund will
exceed $3,500,000,000 on December 31 of 1994 or 1995,
respectively, if no tax is imposed under section 59A, this
section, and sections 4661 and 4671,
then no tax shall be imposed under this section (to the extent
attributable to the Hazardous Substance Superfund financing rate)
during 1994 or 1995, as the case may be.
(3) No tax if amounts collected exceed $11,970,000,000
(A) Estimates by Secretary
The Secretary as of the close of each calendar quarter (and
at such other times as the Secretary determines appropriate)
shall make an estimate of the amount of taxes which will be
collected under section 59A, this section (to the extent
attributable to the Hazardous Substance Superfund financing
rate), and sections 4661 and 4671 and credited to the Hazardous
Substance Superfund during the period beginning January 1,
1987, and ending December 31, 1995.
(B) Termination if $11,970,000,000 credited before January 1,
1996
If the Secretary estimates under subparagraph (A) that more
than $11,970,000,000 will be credited to the Fund before
January 1, 1996, the Hazardous Substance Superfund financing
rate under this section shall not apply after the date on which
(as estimated by the Secretary) $11,970,000,000 will be so
credited to the Fund.
(f) Application of Oil Spill Liability Trust Fund financing rate
(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.
(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.
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