2011 US Code
Title 26 - Internal Revenue Code
Subtitle D - Miscellaneous Excise Taxes (§§ 4001 - 5000C)
Chapter 38 - REPEALED (§§ 4521 - 4603)
Subchapter C - Tax on Certain Imported Substances (§§ 4671 - 4672)
Section 4671 - Imposition of tax
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 26 - INTERNAL REVENUE CODE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 26 - INTERNAL REVENUE CODE Subtitle D - Miscellaneous Excise Taxes CHAPTER 38 - ENVIRONMENTAL TAXES Subchapter C - Tax on Certain Imported Substances Sec. 4671 - Imposition of tax |
Contains | section 4671 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | No |
Disposition | standard |
Source Credit | Added Pub. L. 99-499, title V, §515(a), Oct. 17, 1986, 100 Stat. 1767; amended Pub. L. 99-509, title VIII, §8032(c)(3), Oct. 21, 1986, 100 Stat. 1958. |
Statutes at Large Reference | 100 Stat. 1767, 1958 |
Public Law References | Public Law 99-499, Public Law 99-509 |
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There is hereby imposed a tax on any taxable substance sold or used by the importer thereof.
(b) Amount of tax (1) In generalExcept as provided in paragraph (2), the amount of the tax imposed by subsection (a) with respect to any taxable substance shall be the amount of the tax which would have been imposed by section 4661 on the taxable chemicals used as materials in the manufacture or production of such substance if such taxable chemicals had been sold in the United States for use in the manufacture or production of such taxable substance.
(2) Rate where importer does not furnish information to SecretaryIf the importer does not furnish to the Secretary (at such time and in such manner as the Secretary shall prescribe) sufficient information to determine under paragraph (1) the amount of the tax imposed by subsection (a) on any taxable substance, the amount of the tax imposed on such taxable substance shall be 5 percent of the appraised value of such substance as of the time such substance was entered into the United States for consumption, use, or warehousing.
(3) Authority to prescribe rate in lieu of paragraph (2) rateThe Secretary may prescribe for each taxable substance a tax which, if prescribed, shall apply in lieu of the tax specified in paragraph (2) with respect to such substance. The tax prescribed by the Secretary shall be equal to the amount of tax which would be imposed by subsection (a) with respect to the taxable substance if such substance were produced using the predominant method of production of such substance.
(c) Exemptions for substances taxed under sections 4611 and 4661No tax shall be imposed by this section on the sale or use of any substance if tax is imposed on such sale or use under section 4611 or 4661.
(d) Tax-free sales, etc. for substances used as certain fuels or in the production of fertilizer or animal feedRules similar to the following rules shall apply for purposes of applying this section with respect to taxable substances used or sold for use as described in such rules:
(1) Paragraphs (2), (5), and (9) of section 4662(b) (relating to tax-free sales of chemicals used as fuel or in the production of fertilizer or animal feed).
(2) Paragraphs (2), (3), and (4) of section 4662(d) (relating to refund or credit of tax on certain chemicals used as fuel or in the production of fertilizer or animal feed).
(e) TerminationNo tax shall be imposed under this section during any period during which the Hazardous Substance Superfund financing rate under section 4611 does not apply.
(Added Pub. L. 99–499, title V, §515(a), Oct. 17, 1986, 100 Stat. 1767; amended Pub. L. 99–509, title VIII, §8032(c)(3), Oct. 21, 1986, 100 Stat. 1958.)
Amendments1986—Subsec. (e). Pub. L. 99–509 substituted “the Hazardous Substance Superfund financing rate under section 4611 does not apply” for “no tax is imposed under section 4611(a)”.
Effective Date of 1986 AmendmentAmendment by Pub. L. 99–509 effective on commencement date as defined in former section 4611(f)(2), see section 8032(d) of Pub. L. 99–509, set out as a note under section 4611 of this title.
Effective DateSection 515(c) of Pub. L. 99–499 provided that: “The amendments made by this section [enacting this subchapter] shall take effect on January 1, 1989.”
Study and ReportSection 515(d) of Pub. L. 99–499 provided that:
“(1)
“(A) the tax imposed by the section 4671 of the Internal Revenue Code of 1986 (as added by this section), and
“(B) the credit for exports of taxable substances under section 4661(e)(2)(A)(ii)(II) of such Code.
In conducting such study, the Secretary of the Treasury or his delegate shall consult with the Environmental Protection Agency and the International Trade Commission.
“(2)
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