2019 US Code
Title 26 - Internal Revenue Code
Subtitle D - Miscellaneous Excise Taxes
Chapter 33 - Facilities and Services
Subchapter C - Transportation by Air
Part II - Property
Sec. 4271 - Imposition of tax
26 U.S.C. § 4271 (2019) |
§4271. Imposition of tax |
(a) In general
There is hereby imposed upon the amount paid within or without the United States for the taxable transportation (as defined in section 4272) of property a tax equal to 6.25 percent of the amount so paid for such transportation. The tax imposed by this subsection shall apply only to amounts paid to a person engaged in the business of transporting property by air for hire. (b) By whom paid (1) In generalExcept as provided by paragraph (2), the tax imposed by subsection (a) shall be paid by the person making the payment subject to tax. If a payment subject to tax under subsection (a) is made outside the United States and the person making such payment does not pay such tax, such tax— (A) shall be paid by the person to whom the property is delivered in the United States by the person furnishing the last segment of the taxable transportation in respect of which such tax is imposed, and (B) shall be collected by the person furnishing the last segment of such taxable transportation. For purposes of this section, in any case in which a person engaged in the business of transporting property by air for hire and one or more other persons not so engaged jointly provide services which include taxable transportation of property, and the person so engaged receives, for the furnishing of such taxable transportation, a portion of the receipts from the joint providing of such services, the amount paid for the taxable transportation shall be treated as being the sum of (1) the portion of the receipts so received, and (2) any expenses incurred by any of the persons not so engaged which are properly attributable to such taxable transportation and which are taken into account in determining the portion of the receipts so received. (d) Application of tax (1) In generalThe tax imposed by subsection (a) shall apply to— (A) transportation beginning during the period— (i) beginning on the 7th day after the date of the enactment of the Airport and Airway Trust Fund Tax Reinstatement Act of 1997, and (ii) ending on September 30, 2023, and (B) amounts paid during such period for transportation beginning after such period. If, as of the date any transportation begins, the taxes imposed by this section would not have applied to such transportation if paid for on such date, any tax paid under paragraph (1)(B) with respect to such transportation shall be treated as an overpayment. |
(Added Pub. L. 91–258, title II, §204, May 21, 1970, 84 Stat. 239; amended Pub. L. 94–455, title XIX, §1904(a)(8), Oct. 4, 1976, 90 Stat. 1812; Pub. L. 96–298, §1(b), July 1, 1980, 94 Stat. 829; Pub. L. 97–248, title II, §280(b), Sept. 3, 1982, 96 Stat. 564; Pub. L. 100–223, title IV, §402(a)(2), Dec. 30, 1987, 101 Stat. 1532; Pub. L. 101–508, title XI, §11213(a)(2), (d)(1), Nov. 5, 1990, 104 Stat. 1388–432, 1388–435; Pub. L. 104–188, title I, §1609(b), Aug. 20, 1996, 110 Stat. 1841; Pub. L. 105–2, §2(b)(2), Feb. 28, 1997, 111 Stat. 5; Pub. L. 105–34, title X, §1031(b)(2), Aug. 5, 1997, 111 Stat. 929; Pub. L. 110–161, div. K, title I, §116(b)(2), Dec. 26, 2007, 121 Stat. 2381; Pub. L. 110–190, §2(b)(2), Feb. 28, 2008, 122 Stat. 643; Pub. L. 110–253, §2(b)(2), June 30, 2008, 122 Stat. 2417; Pub. L. 110–330, §2(b)(2), Sept. 30, 2008, 122 Stat. 3717; Pub. L. 111–12, §2(b)(2), Mar. 30, 2009, 123 Stat. 1457; Pub. L. 111–69, §2(b)(2), Oct. 1, 2009, 123 Stat. 2054; Pub. L. 111–116, §2(b)(2), Dec. 16, 2009, 123 Stat. 3031; Pub. L. 111–153, §2(b)(2), Mar. 31, 2010, 124 Stat. 1084; Pub. L. 111–161, §2(b)(2), Apr. 30, 2010, 124 Stat. 1126; Pub. L. 111–197, §2(b)(2), July 2, 2010, 124 Stat. 1353; Pub. L. 111–216, title I, §101(b)(2), Aug. 1, 2010, 124 Stat. 2349; Pub. L. 111–249, §2(b)(2), Sept. 30, 2010, 124 Stat. 2627; Pub. L. 111–329, §2(b)(2), Dec. 22, 2010, 124 Stat. 3566; Pub. L. 112–7, §2(b)(2), Mar. 31, 2011, 125 Stat. 31; Pub. L. 112–16, §2(b)(2), May 31, 2011, 125 Stat. 218; Pub. L. 112–21, §2(b)(2), June 29, 2011, 125 Stat. 233; Pub. L. 112–27, §2(b)(2), Aug. 5, 2011, 125 Stat. 270; Pub. L. 112–30, title II, §202(b)(2), Sept. 16, 2011, 125 Stat. 357; Pub. L. 112–91, §2(b)(2), Jan. 31, 2012, 126 Stat. 3; Pub. L. 112–95, title XI, §1101(b)(2), Feb. 14, 2012, 126 Stat. 148; Pub. L. 114–55, title II, §202(b)(2), Sept. 30, 2015, 129 Stat. 525; Pub. L. 114–141, title II, §202(b)(2), Mar. 30, 2016, 130 Stat. 324; Pub. L. 114–190, title I, §1202(b)(2), July 15, 2016, 130 Stat. 619; Pub. L. 115–63, title II, §202(b)(2), Sept. 29, 2017, 131 Stat. 1171; Pub. L. 115–141, div. M, title I, §202(b)(2), Mar. 23, 2018, 132 Stat. 1048; Pub. L. 115–254, div. B, title VIII, §802(b)(2), Oct. 5, 2018, 132 Stat. 3429.) |
REFERENCES IN TEXT
The date of the enactment of the Airport and Airway Trust Fund Tax Reinstatement Act of 1997, referred to in subsec. (d)(1)(A)(i), is the date of enactment of Pub. L. 105–2, which was approved Feb. 28, 1997. PRIOR PROVISIONSA prior section 4271, act Aug. 16, 1954, ch. 736, 68A Stat. 507, 508, related to tax for the transportation of property, prior to repeal by Pub. L. 85–475, §4(a), June 30, 1958, 72 Stat. 260. For effective date of repeal, see section 4(c) of Pub. L. 85–475, set out as an Effective Date of 1958 Amendment note under section 6415 of this title. AMENDMENTS2018—Subsec. (d)(1)(A)(ii). Pub. L. 115–254 substituted "September 30, 2023" for "September 30, 2018". Pub. L. 115–141 substituted "September 30, 2018" for "March 31, 2018". 2017—Subsec. (d)(1)(A)(ii). Pub. L. 115–63 substituted "March 31, 2018" for "September 30, 2017". 2016—Subsec. (d)(1)(A)(ii). Pub. L. 114–190 substituted "September 30, 2017" for "July 15, 2016". Pub. L. 114–141 substituted "July 15, 2016" for "March 31, 2016". 2015—Subsec. (d)(1)(A)(ii). Pub. L. 114–55 substituted "March 31, 2016" for "September 30, 2015". 2012—Subsec. (d)(1)(A)(ii). Pub. L. 112–95 substituted "September 30, 2015" for "February 17, 2012". Pub. L. 112–91 substituted "February 17, 2012" for "January 31, 2012". 2011—Subsec. (d)(1)(A)(ii). Pub. L. 112–30 substituted "January 31, 2012" for "September 16, 2011". Pub. L. 112–27 substituted "September 16, 2011" for "July 22, 2011". Pub. L. 112–21 substituted "July 22, 2011" for "June 30, 2011". Pub. L. 112–16 substituted "June 30, 2011" for "May 31, 2011". Pub. L. 112–7 substituted "May 31, 2011" for "March 31, 2011". 2010—Subsec. (d)(1)(A)(ii). Pub. L. 111–329 substituted "March 31, 2011" for "December 31, 2010". Pub. L. 111–249 substituted "December 31, 2010" for "September 30, 2010". Pub. L. 111–216 substituted "September 30, 2010" for "August 1, 2010". Pub. L. 111–197 substituted "August 1, 2010" for "July 3, 2010". Pub. L. 111–161 substituted "July 3, 2010" for "April 30, 2010". Pub. L. 111–153 substituted "April 30, 2010" for "March 31, 2010". 2009—Subsec. (d)(1)(A)(ii). Pub. L. 111–116 substituted "March 31, 2010" for "December 31, 2009". Pub. L. 111–69 substituted "December 31, 2009" for "September 30, 2009". Pub. L. 111–12 substituted "September 30, 2009" for "March 31, 2009". 2008—Subsec. (d)(1)(A)(ii). Pub. L. 110–330 substituted "March 31, 2009" for "September 30, 2008". Pub. L. 110–253 substituted "September 30, 2008" for "June 30, 2008". Pub. L. 110–190 substituted "June 30, 2008" for "February 29, 2008". 2007—Subsec. (d)(1)(A)(ii). Pub. L. 110–161 substituted "February 29, 2008" for "September 30, 2007". 1997—Subsec. (d). Pub. L. 105–2 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: "The tax imposed by subsection (a) shall apply with respect to transportation beginning after August 31, 1982, and before January 1, 1996, and to transportation beginning on or after the date which is 7 calendar days after the date of the enactment of the Small Business Job Protection Act of 1996 and before January 1, 1997." Subsec. (d)(1)(A)(ii). Pub. L. 105–34 substituted "September 30, 2007" for "September 30, 1997". 1996—Subsec. (d). Pub. L. 104–188 substituted "January 1, 1996, and to transportation beginning on or after the date which is 7 calendar days after the date of the enactment of the Small Business Job Protection Act of 1996 and before January 1, 1997" for "January 1, 1996". 1990—Subsec. (a). Pub. L. 101–508, §11213(a)(2), substituted "6.25 percent" for "5 percent". Subsec. (d). Pub. L. 101–508, §11213(d)(1), substituted "January 1, 1996" for "January 1, 1991". 1987—Subsec. (d). Pub. L. 100–223 substituted "1991" for "1988". 1982—Subsec. (d). Pub. L. 97–248 substituted provision that the tax imposed by subsec. (a) shall apply with respect to transportation beginning after Aug. 31, 1982, and before Jan. 1, 1988, for provision that effective with respect to transportation beginning after Sept. 30, 1980, the tax imposed by subsec. (a) would not apply. 1980—Subsec. (d). Pub. L. 96–298 substituted "September 30, 1980" for "June 30, 1980". 1976—Subsec. (a). Pub. L. 94–455 struck out "which begins after June 30, 1970" after "of property". EFFECTIVE DATE OF 2012 AMENDMENTAmendment by Pub. L. 112–95 effective Feb. 18, 2012, see section 1101(c) of Pub. L. 112–95, set out as an Effective and Termination Dates of 2012 Amendment note under section 4081 of this title. Amendment by Pub. L. 112–91 effective Feb. 1, 2012, see section 2(c) of Pub. L. 112–91, set out as an Effective and Termination Dates of 2012 Amendment note under section 4081 of this title. EFFECTIVE DATE OF 2011 AMENDMENTAmendment by Pub. L. 112–30 effective Sept. 17, 2011, see section 202(c) of Pub. L. 112–30, set out as a note under section 4081 of this title. Amendment by Pub. L. 112–27 effective July 23, 2011, see section 2(c) of Pub. L. 112–27, set out as a note under section 4081 of this title. Amendment by Pub. L. 112–21 effective July 1, 2011, see section 2(c) of Pub. L. 112–21, set out as a note under section 4081 of this title. Amendment by Pub. L. 112–16 effective June 1, 2011, see section 2(c) of Pub. L. 112–16, set out as a note under section 4081 of this title. Amendment by Pub. L. 112–7 effective Apr. 1, 2011, see section 2(c) of Pub. L. 112–7, set out as a note under section 4081 of this title. EFFECTIVE DATE OF 2010 AMENDMENTAmendment by Pub. L. 111–329 effective Jan. 1, 2011, see section 2(c) of Pub. L. 111–329, set out as a note under section 4081 of this title. Amendment by Pub. L. 111–249 effective Oct. 1, 2010, see section 2(c) of Pub. L. 111–249, set out as a note under section 4081 of this title. Amendment by Pub. L. 111–216 effective Aug. 2, 2010, see section 101(c) of Pub. L. 111–216, set out as a note under section 4081 of this title. Amendment by Pub. L. 111–197 effective July 4, 2010, see section 2(c) of Pub. L. 111–197, set out as a note under section 4081 of this title. Amendment by Pub. L. 111–161 effective May 1, 2010, see section 2(c) of Pub. L. 111–161, set out as a note under section 4081 of this title. Amendment by Pub. L. 111–153 effective Apr. 1, 2010, see section 2(c) of Pub. L. 111–153, set out as a note under section 4081 of this title. EFFECTIVE DATE OF 2009 AMENDMENTAmendment by Pub. L. 111–116 effective Jan. 1, 2010, see section 2(c) of Pub. L. 111–116, set out as a note under section 4081 of this title. Amendment by Pub. L. 111–69 effective Oct. 1, 2009, see section 2(c) of Pub. L. 111–69, set out as a note under section 4081 of this title. Amendment by Pub. L. 111–12 effective Apr. 1, 2009, see section 2(c) of Pub. L. 111–12, set out as a note under section 4081 of this title. EFFECTIVE DATE OF 2008 AMENDMENTAmendment by Pub. L. 110–330 effective Oct. 1, 2008, see section 2(c) of Pub. L. 110–330, set out as a note under section 4081 of this title. Amendment by Pub. L. 110–253 effective July 1, 2008, see section 2(c) of Pub. L. 110–253, set out as a note under section 4081 of this title. Amendment by Pub. L. 110–190 effective Mar. 1, 2008, see section 2(c) of Pub. L. 110–190, set out as a note under section 4081 of this title. EFFECTIVE DATE OF 2007 AMENDMENTAmendment by Pub. L. 110–161 effective Oct. 1, 2007, see section 116(d) of div. K of Pub. L. 110–161, set out as a note under section 4081 of this title. EFFECTIVE DATE OF 1997 AMENDMENTSAmendment by Pub. L. 105–34 applicable to transportation beginning on or after Oct. 1, 1997, see section 1031(e)(2) of Pub. L. 105–34, set out as a note under section 4261 of this title. Amendment by Pub. L. 105–2 applicable to transportation beginning on or after the 7th day after Feb. 28, 1997, with special rule for applicability to amounts paid before such 7th day, see section 2(e)(2) of Pub. L. 105–2, set out as a note under section 4261 of this title. EFFECTIVE DATE OF 1996 AMENDMENTAmendment by Pub. L. 104–188 effective on 7th calendar day after Aug. 20, 1996, but not applicable to any amount paid before such date, see section 1609(i) of Pub. L. 104–188, set out as a note under section 4041 of this title. EFFECTIVE DATE OF 1990 AMENDMENTAmendment by section 11213(a)(2) of Pub. L. 101–508 applicable to transportation beginning after Nov. 30, 1990, but inapplicable to amounts paid on or before such date, see section 11213(a)(3) of Pub. L. 101–508, set out as a note under section 4261 of this title. EFFECTIVE DATE OF 1982 AMENDMENTAmendment by Pub. L. 97–248 applicable with respect to transportation beginning after Aug. 31, 1982, but inapplicable to amounts paid on or before such date, see section 280(d) of Pub. L. 97–248, set out as a note under section 4261 of this title. EFFECTIVE DATE OF 1976 AMENDMENTAmendment by Pub. L. 94–455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1904(d) of Pub. L. 94–455, set out as a note under section 4041 of this title. EFFECTIVE DATESection applicable to transportation beginning after June 30, 1970, see section 211(b) of Pub. L. 91–258, set out as an Effective Date of 1970 Amendment note under section 4041 of this title. DELAYED DEPOSITS OF AIRPORT TRUST FUND TAX REVENUESDue date for deposits of taxes imposed by this section which would be required to be made after July 31, 1998, and before Oct. 1, 1998, to be Oct. 5, 1998, see section 1031(g) of Pub. L. 105–34, set out as a note under section 6302 of this title. |
United States Code, 2018 Edition, Supplement 1, Title 26 - INTERNAL REVENUE CODE |
Bills and Statutes |
United States Code |
Y 1.2/5: |
Title 26 - INTERNAL REVENUE CODE Subtitle D - Miscellaneous Excise Taxes CHAPTER 33 - FACILITIES AND SERVICES Subchapter C - Transportation by Air PART II - PROPERTY Sec. 4271 - Imposition of tax |
section 4271 |
2019 |
January 24, 2020 |
No |
standard |
72 Stat. 260 84 Stat. 239 90 Stat. 1812 94 Stat. 829 96 Stat. 564 101 Stat. 1532 104 Stat. 1388-432 110 Stat. 1841 111 Stat. 5, 929 121 Stat. 2381 122 Stat. 643, 2417, 3717 123 Stat. 1457, 2054, 3031 124 Stat. 1084, 1126, 1353, 2349, 2627, 3566 125 Stat. 31, 218, 233, 270, 357 126 Stat. 3, 148 129 Stat. 525 130 Stat. 324, 619 131 Stat. 1171 132 Stat. 1048, 3429 |
Public Law 85-475, Public Law 91-258, Public Law 94-455, Public Law 96-298, Public Law 97-248, Public Law 100-223, Public Law 101-508, Public Law 104-188, Public Law 105-2, Public Law 105-34, Public Law 110-161, Public Law 110-190, Public Law 110-253, Public Law 110-330, Public Law 111-12, Public Law 111-69, Public Law 111-116, Public Law 111-153, Public Law 111-161, Public Law 111-197, Public Law 111-216, Public Law 111-249, Public Law 111-329, Public Law 112-7, Public Law 112-16, Public Law 112-21, Public Law 112-27, Public Law 112-30, Public Law 112-91, Public Law 112-95, Public Law 114-55, Public Law 114-141, Public Law 114-190, Public Law 115-63, Public Law 115-141, Public Law 115-254 |