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Pub. 553, Highlights of 2005 Tax Changes 2005 Tax Year

6.   Excise Taxes

Various excise tax provisions of the Internal Revenue Code were added or affected by American Jobs Creation Act of 2004, The Energy Policy Act of 2005, and the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005 (SAFETEA). Some of the major changes to the forms and publications are highlighted below. Explanations of the changes are included in the following products.

  • Form 720, Quarterly Federal Excise Tax Return

  • The Instructions for Form 720

  • Form 4136, Credit for Federal Tax Paid on Fuels

  • Form 8849, Claim for Refund of Excise Taxes

  • Publication 510, Excise Taxes for 2006

Heavy Highway Vehicle Use Tax (Form 2290)

Repeal of Installment Agreement

The election to pay in installments has been repealed, beginning with Form 2290 for the period July 1, 2005, through June 30, 2006.

Changes Effective for the Third Quarter of 2005

Taxable Tires

Super single tires designed for steering are taxable at the rate of $.0945, retroactive to January 1, 2005. Taxpayers must file Form 720X to report the $.04725 tax rate increase on super single tires designed for steering reported on Forms 720 for the first and second calendar quarters of 2005.

Changes Effective for the Fourth Quarter of 2005

Gas Guzzler Tax

The gas guzzler tax on limousines with a gross unloaded vehicle weight of greater than 6,000 pounds is repealed, effective for sales, uses, or leases by the manufacturer, producer, or importer.

Fishing Rods and Fishing Poles

Fishing rods and fishing poles (and component parts) taxed at a rate of 10% will have a maximum tax of $10 per article.

Truck, Trailer, and Semitrailer Chassis and Bodies, and Tractors

Tractors that have a gross vehicle weight of 19,500 pounds or less and a gross combined weight of 33,000 pounds or less are excluded from the 12% retail tax.

Kerosene for Use in Aviation

The taxation and claims relating to kerosene for use in aviation have been revised. The terminology has changed from aviation-grade kerosene to kerosene for use in aviation. Generally, kerosene is taxed at $.244 per gallon unless a reduced rate applies.

Undyed Diesel Fuel and Undyed Kerosene, Use on a Farm

Registered ultimate vendors claims for undyed diesel fuel and undyed kerosene (other than kerosene for use in aviation) sold for use on a farm for farming purposes have been eliminated. Ultimate purchasers may use Schedule C (Form 720), Schedule 1 (Form 8849), or Form 4136 to make these claims.

Leaking Underground Storage Tank (LUST) Tax

The LUST tax rate ($.001) generally applies to removals, entries, and sales of dyed diesel fuel, dyed kerosene, kerosene for use in aviation (nontaxable uses and foreign trade), gasoline blendstocks, kerosene used for a feedstock purpose, and diesel fuel or kerosene used in Alaska. The following IRS Nos. have been added to Form 720.

  • IRS No. 105, Dyed diesel fuel, LUST tax.

  • IRS No. 107, Dyed kerosene, LUST tax.

  • IRS No. 111, Kerosene for use in aviation, LUST tax on nontaxable uses, including foreign trade.

  • IRS No. 119, LUST tax, other exempt removals.

The LUST tax will not be credited or refunded, except for exported taxable fuel. The rates on Schedule C (Form 720), Schedules 1 and 2 (Form 8849), and Form 4136 have been reduced by $.001 to reflect this change. Lines have been added to Schedule C (Form 720), Schedule 1 (Form 8849), and Form 4136 to make claims for exported taxable fuel.

Changes Effective for the First Quarter of 2006

Air Transportation Taxes

For amounts paid during 2006, the tax on the use of international air travel facilities will be $14.50 per person for flights that begin or end in the United States, or $7.30 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 $3.30 per segment for transportation that begins in 2006.

Arrow Shafts

The tax on arrow shafts has increased to $.40 per arrow shaft.

Renewable Diesel

Renewable diesel will generally be treated the same as biodiesel for credit purposes. The renewable diesel mixture credit is $1.00 per gallon of renewable diesel.

Diesel-Water Fuel Emulsion

A reduced rate of tax on a diesel-water fuel emulsion applies if certain conditions are met. IRS No. 104 has been added to Form 720. Claims can be made for nontaxable uses of a diesel-water fuel emulsion and for diesel fuel used to produce a diesel-water fuel emulsion.

Taxable Tires

Three new IRS Nos. have been added to report taxable tires instead of IRS No. 66.

  • IRS No. 108, Taxable tires other than biasply or super single tires.

  • IRS No. 109, Taxable tires, biasply or super single tires (other than super single tires designed for steering).

  • IRS No. 113, Taxable tires, super single tires designed for steering.

Claims for Exempt Sales of Fuel by Registered Credit Card Issuers

Claims for gasoline, undyed diesel fuel, and undyed kerosene used exclusively by a state or local government or nonprofit educational organization can be made by the registered credit card issuer if the fuel was purchased with a credit card issued to the state or local government or nonprofit educational organization. Other conditions must be met.

Changes Effective for the Second Quarter of 2006

Reinstatement of the Oil Spill Liability Tax

The oil spill liability taxes (IRS Nos. 18 and 21) have been reinstated beginning April 1, 2006.

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