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Pub. 553, Highlights of 2004 Tax Changes 2004 Tax Year

Chapter 6 - Excise Taxes

This is archived information that pertains only to the 2004 Tax Year. If you
are looking for information for the current tax year, go to the Tax Prep Help Area.

Various excise tax provisions of the Internal Revenue Code were added or affected by the American Jobs Creation Act of 2004. Some of the major changes to the forms and publications are highlighted below. Explanations of the changes will be included in the next revisions of the following products:

  • Form 720, Quarterly Federal Excise Tax Return, and its instructions

  • Form 4136, Credit for Federal Tax Paid on Fuels

  • Form 8849, Claim for Refund of Excise Taxes

  • Publication 378, Fuel Tax Credits and Refunds

  • Publication 510, Excise Taxes for 2005

  • Form 2290/2290SP, Heavy Highway Vehicle Use Tax Return, and its instructions

Additional guidance.   See Notice 2005-04, on page 289 of Internal Revenue Bulletin 2005-02, available at www.irs.gov/pub/irs-irbs/irb05-02.pdf.

Changes Effective for the Fourth Quarter of 2004

Vaccines

Hepatitis A is added to the list of taxable vaccines for sales after November 30, 2004. For sales made before December 1, 2004, and delivered after December 1, 2004, the delivery date is the sales date.

Bows

The 11% tax on bows will apply to bows having a peak draw weight of 30 pounds or more. This replaces the current law which applies to bows having a peak draw weight of 10 pounds or more. Broadheads suitable for use with certain arrows will be taxed as a part and accessory at the 11% bow tax rate. The effective date for both provisions is for articles sold after November 21, 2004.

Repeal of Arrow Tax

The tax on arrows that was in effect for arrows sold after November 21, 2004, and before December 23, 2004, has been repealed. The rules used prior to November 22, 2004, for arrow components still apply for the 4th quarter of 2004. Any tax that was imposed by the manufacturer, producer, or importer on arrows after November 21, 2004, and before December 23, 2004, may have to be refunded to the purchaser. See Changes Effective for the Second Quarter of 2005 for details on the tax on arrow shafts effective after March 31, 2005.

Changes Effective for the First Quarter of 2005

Definition of Off-Highway Vehicle

New subsection 7701(a)(48) of the Internal Revenue Code provides that a vehicle with certain described features for off-highway transportation is not treated as a highway vehicle. This provision applies to taxable periods beginning after October 22, 2004.

Air Transportation Taxes

For amounts paid during 2005, the tax on the use of international air travel facilities will be $14.10 per person for flights that begin or end in the United States, or $7.00 per person for domestic segments that begin or end in Alaska or Hawaii (applies only to departures). For amounts paid for each domestic segment of taxable transportation of persons by air, the domestic segment tax is $3.20 per segment for transportation that begins in 2005.

Dyed Diesel Fuel Used in Trains

The 4.4 cents per gallon tax on dyed diesel fuel used in trains phases out. The phase out is as follows:

From The tax per gallon is
01/01/2005 to 06/30/2005 3.4 cents
07/01/2005 to 12/31/2006 2.4 cents
01/01/2007 and later years 0.1 cents

Dyed Diesel Fuel Used in Certain Intercity or Local Buses

The reduced rate on the use of dyed diesel fuel in intercity or local buses has been eliminated. IRS No. 78 will be deleted from Form 720. Undyed diesel must be purchased at the full rate of tax. Registered ultimate vendors or the ultimate purchaser may make a claim for a refund or credit of 17 cents per gallon if certain conditions are met.

Inland Waterways Fuel Use Tax

The 24.4 cents per gallon rate on diesel fuel used in commercial transportation on inland waterways is reduced as follows:

From The tax per gallon is
01/01/2005 to 06/30/2005 23.4 cents
07/01/2005 to 12/31/2006 22.4 cents
01/01/2007 and later years 20.1 cents

Alcohol and Biodiesel Fuels

The reduced rates for gasohol and gasoline removed for the production of gasohol (IRS Nos. 58, 59, 73, 74, 75, and 76) and the gasohol related credits and refunds are eliminated. These lines will be deleted from Form 720. Tax is imposed by Code section 4081 on gasoline, including gasoline removed for the production of gasohol and gasohol, at the full rate of 18.4 cents per gallon and is reported on Form 720.

Two new credits, the alcohol fuel mixture credit and the biodiesel mixture credit, are allowed against the amount of tax imposed on taxable fuels under section 4081.

  • The alcohol fuel mixture credit is 51 cents per gallon of ethanol (60 cents per gallon for other than ethanol), and is claimed by the person producing the mixture.

  • The biodiesel mixture credit is 50 cents per gallon of biodiesel ($1.00 per gallon of agri-biodiesel), and is claimed by the person producing the mixture.

  • The credits must first be claimed as a credit on Schedule C (Form 720). Any excess credit may be claimed as a refund or as an income tax credit. Only one claim may be made for any particular gallon of alcohol or biodiesel.

  • Persons who blend biodiesel with diesel fuel to produce a biodiesel mixture must pay the diesel fuel tax on the volume of biodiesel in the mixture. A new line will be added to Form 720 to report this tax.

  • Persons who blend alcohol with gasoline to produce an alcohol fuel mixture must pay the gasoline tax on the volume of alcohol in the mixture. A new line will be added to Form 720 to report this tax.

Fishing Tackle Boxes

The rate of tax imposed on the manufacturer, producer, or importer of fishing tackle boxes (IRS No. 104) is reduced from 10% to 3%.

Electric Outboard Motors

The 3% tax imposed on the manufacturer, producer, or importer of sonar devices suitable for finding fish is repealed.

Highway-Type Tires

Tires will be taxed based on the maximum rated load capacity. The tax is 9.45 cents (4.725 cents for biasply and super single tires) for each 10 pounds over the maximum rated load capacity in excess of 3,500 pounds. A taxable tire is defined to mean any tire of the type used on highway vehicles if wholly or partially made of rubber that are marked pursuant to Federal regulations for highway use. Tires sold for the exclusive use of the Department of Defense or the Coast Guard are exempted from the tax.

Aviation-Grade Kerosene

The tax imposed by Code section 4081 on aviation fuel is repealed and replaced by a tax on aviation-grade kerosene under Code section 4081.

  • The tax rate for IRS Nos. 69 and 77 will not change.

  • A one month extension of time to file Form 720 for the period January 1 through March 31, 2005 (first quarter of 2005), is provided for any return reporting IRS Nos. 69 or 77. The due date is May 31, 2005, not April 30, 2005.

  • There is a floor stocks tax of 21.9 cents per gallon on aviation-grade kerosene (IRS No. 114) or $.044 per gallon on aviation-grade kerosene for use in commercial aviation (IRS No. 115) held on January 1, 2005. Kerosene in the tank of an aircraft on January 1, 2005, is exempt from the floor stocks taxes. Report the tax on Form 720 for the first quarter of 2005. The due date of the return and payment date of the tax is May 31, 2005.

  • Only one return is filed for the quarter. If you are reporting IRS Nos. in addition to 69, 77, 114, or 115, the return due date is May 31, 2005.

Gasoline Registered Ultimate Vendors

Gasoline registered ultimate vendors can claim a refund of gasoline sold to nonprofit educational organizations or state and local governments, instead of wholesale distributors, if certain conditions are met. Provisions related to “gasoline wholesale distributor” have been removed. Schedule 4 (Form 8849) will be eliminated. Gasoline registered ultimate vendor claims will be made on Schedule 2 (Form 8849). The claim rate will be 18.4 cents per gallon.

Change Effective for the Second Quarter of 2005

Arrow Shafts

A tax on the manufacturer, producer, or importer of arrow shafts (IRS No. 106) will apply effective after March 31, 2005. The tax is 39 cents per shaft and applies to any shaft used in the production of any arrow which after assembly measures 18 inches or more in overall length. The tax also applies to arrow shafts less than 18 inches in overall length if the arrow is suitable for use with a bow having a peak draw weight of 30 pounds or more. The tax is indexed for inflation after 2005.

Changes Effective for the Third Quarter of 2005

Vaccines

Any trivalent vaccine against influenza will be added to the list of taxable vaccines after Health and Human Services (HHS) lists the influenza vaccine for compensation from the trust fund. HHS is expected to list the vaccine in July of 2005.

Heavy Highway Vehicle Use Tax (Form 2290)

The following changes apply beginning with the period July 1, 2005, through June 30, 2006.

  • The election to pay in installments has been repealed. The tax is due when the return is filed.

  • Reduced rates for Mexican and Canadian vehicles have been repealed.

  • Definition of off-highway vehicle has been modified by section 7701(a)(48).

  • An exception from the tax applies to certain mobile machinery.

The IRS expects to issue future guidance on other provisions affecting Form 2290.

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