Internal Revenue Code:Sec. 34. Certain uses of gasoline and special fuels
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Contents |
Location in Internal Revenue Code
TITLE 26 - INTERNAL REVENUE CODE
Subtitle A - Income Taxes
CHAPTER 1 - NORMAL TAXES AND SURTAXES
Subchapter A - Determination of Tax Liability
PART IV - CREDITS AGAINST TAX
Subpart C - Refundable Credits
Statute
Sec. 34. Certain uses of gasoline and special fuels
(a) General rule
There shall be allowed as a credit against the tax imposed by
this subtitle for the taxable year an amount equal to the sum of
the amounts payable to the taxpayer -
(1) under section 6420 with respect to gasoline used during the
taxable year on a farm for farming purposes (determined without
regard to section 6420(g)),
(2) under section 6421 with respect to gasoline used during the
taxable year (A) otherwise than as a fuel in a highway vehicle or
(B) in vehicles while engaged in furnishing certain public
passenger land transportation service (determined without regard
to section 6421(i)), (FOOTNOTE 1) and
(FOOTNOTE 1) See References in Text note below.
(3) under section 6427 with respect to fuels used for
nontaxable purposes or resold during the taxable year (determined
without regard to section 6427(k)).
(b) Exception
Credit shall not be allowed under subsection (a) for any amount
payable under section 6421 or 6427, if a claim for such amount is
timely filed and, under section 6421(i) or 6427(k), is payable
under such section.
Sources
(Added Pub. L. 89-44, title VIII, 809(c), June 21, 1965, 79 Stat.
167, Sec. 39; amended Pub. L. 91-258, title II, Sec. 207(c), May
21, 1970, 84 Stat. 248; Pub. L. 94-455, title XIX, Sec. 1901(a)(3),
1906(b)(8), (9), Oct. 4, 1976, 90 Stat. 1764, 1834; Pub. L. 94-530,
Sec. 1(c)(1), Oct. 17, 1976, 90 Stat. 2487; Pub. L. 95-599, title
V, Sec. 505(c)(1), Nov. 6, 1978, 92 Stat. 2760; Pub. L. 95-618,
title II, Sec. 233(b)(2)(C), Nov. 9, 1978, 92 Stat. 3191; Pub. L.
96-223, title II, Sec. 232(d)(4)(A), Apr. 2, 1980, 94 Stat. 278;
Pub. L. 97-424, title V, Sec. 515(b)(6)(A)-(C), Jan. 6, 1983, 96
Stat. 2181; renumbered Sec. 34 and amended Pub. L. 98-369, div. A,
title IV, Sec. 471(c), title IX, Sec. 911(d)(2)(A), July 18, 1984,
98 Stat. 826, 1006; Pub. L. 99-514, title XVII, Sec. 1703(e)(2)(F),
title XVIII, Sec. 1877(a), Oct. 22, 1986, 100 Stat. 2778, 2902;
Pub. L. 100-647, title I, Sec. 1017(c)(2), Nov. 10, 1988, 102 Stat.
3576; Pub. L. 104-188, title I, Sec. 1606(b)(1), Aug. 20, 1996, 110
Stat. 1839; Pub. L. 105-206, title VI, Sec. 6023(24)(B), July 22,
1998, 112 Stat. 826.)
References in Text
REFERENCES IN TEXT
Section 6421(i), referred to in subsec. (a)(2), was repealed by
Pub. L. 103-66, title XIII, Sec. 13241(f)(7), Aug. 10, 1993, 107
Stat. 512.
Miscellaneous
PRIOR PROVISIONS
A prior section 34, acts Aug. 16, 1954, ch. 736, 68A Stat. 13;
June 25, 1959, Pub. L. 86-69, Sec. 3(a)(1), 73 Stat. 139; Sept. 14,
1960, Pub. L. 86-779, Sec. 10(e), 74 Stat. 1009; Feb. 26, 1964,
Pub. L. 88-272, title II, Sec. 201(a), 78 Stat. 31, related to
dividends received by individuals, prior to repeal by Pub. L.
88-272, title II, Sec. 201(b), Feb. 26, 1964, 78 Stat. 31,
effective with respect to dividends received after Dec. 31, 1964.
AMENDMENTS
1998 - Subsec. (b). Pub. L. 105-206 substituted ''section
6421(i)'' for ''section 6421(j)''.
1996 - Subsec. (a)(3). Pub. L. 104-188 amended par. (3)
generally. Prior to amendment, par. (3) read as follows: ''under
section 6427 -
''(A) with respect to fuels used for nontaxable purposes or
resold, or
''(B) with respect to any qualified diesel-powered highway
vehicle purchased (or deemed purchased under section 6427(g)(6)),
during the taxable year (determined without regard to section
6427(k)).''
1988 - Subsec. (b). Pub. L. 100-647 substituted ''section 6421(j)
or 6427(k)'' for ''section 6421(i) or 6427(j)''.
1986 - Subsec. (a)(3). Pub. L. 99-514, Sec. 1877(a), amended par.
(3) generally. Prior to amendment, par. (3) read as follows:
''under section 6427 with respect to fuels used for nontaxable
purposes or resold during the taxable year (determined without
regard to section 6427(j)).''
Pub. L. 99-514, Sec. 1703(e)(2)(F), substituted ''6427(k)'' for
''6427(j)''.
1984 - Pub. L. 98-369, Sec. 471(c), renumbered section 39 of this
title as this section.
Subsec. (a)(3). Pub. L. 98-369, Sec. 911(d)(2)(A), which directed
the amendment of par. (4) by substituting ''6427(j)'' for
''6427(i)'' was executed to par. (3) to reflect the probable intent
of Congress and the redesignation of par. (4) as (3) by Pub. L.
97-424.
Subsec. (b). Pub. L. 98-369, Sec. 911(d)(2)(A), substituted
''6427(j)'' for ''6427(i)''.
1983 - Pub. L. 97-424, Sec. 515(b)(6)(C), substituted ''and
special fuels'' for '', special fuels, and lubricating oil'' after
''gasoline'' in section catchline.
Subsec. (a)(2) to (4). Pub. L. 97-424, Sec. 515(b)(6)(A),
inserted ''and'' at end of par. (2), redesignated par. (4) as (3),
and struck out former (3) which referred to amounts payable to the
taxpayer under section 6424 with respect to lubricating oil used
during the taxable year for certain nontaxable purposes (determined
without regard to section 6424(f)).
Subsec. (b). Pub. L. 97-424, Sec. 515(b)(6)(B)(i), substituted
''6421 or 6427'' for ''6421, 6424, or 6427'' after ''amount payable
under''.
Pub. L. 97-424, Sec. 515(b)(6)(B)(ii), substituted ''6421(i) or
6427(i)'' for ''6421(i), 6424(f), or 6427(i)'' after ''and,
under''.
1980 - Subsec. (a)(4). Pub. L. 96-223 substituted ''6427(i)'' for
''6427(h)''.
Subsec. (b). Pub. L. 96-223 substituted ''6427(i)'' for
''6427(h)''.
1978 - Subsec. (a)(3). Pub. L. 95-618 substituted ''for certain
nontaxable purposes'' for ''otherwise than in a highway motor
vehicle''.
Subsec. (a)(4). Pub. L. 95-599 substituted ''6427(h)'' for
''6427(g)''.
Subsec. (b). Pub. L. 95-599 substituted ''6427(h)'' for
''6427(g)''.
1976 - Subsec. (a)(1). Pub. L. 94-455, Sec. 1906(b)(8),
substituted ''6420(g)'' for ''6420(h)''.
Subsec. (a)(3). Pub. L. 94-455, Sec. 1906(b)(9), substituted
''6424(f)'' for ''6424(g)''.
Subsec. (a)(4). Pub. L. 94-530 substituted ''6427(g)'' for
''6427(f)''.
Subsec. (b). Pub. L. 94-530, which directed the amendment of
subsec. (c) by substituting ''6427(g)'' for ''6427(f)'', was
executed to subsec. (b) to reflect the probable intent of Congress
and the redesignation of subsec. (c) as (b) by Pub. L. 94-455.
Pub. L. 94-455, Sec. 1901(a)(3), redesignated subsec. (c) as (b)
and substituted ''section 6421(i), 6424(f), or 6427(f), is
payable'' for ''section 6421(i), 6424(g) or 6427(f) is payable''.
Former subsec. (b), relating to determination of taxpayers first
taxable year with respect to tax credit for certain uses of
gasoline and lubricating oil, was struck out.
Subsec. (c). Pub. L. 94-455, Sec. 1901(a)(3), redesignated
subsec. (c) as (b).
1970 - Pub. L. 91-258, Sec. 207(c)(1), inserted reference to
special fuels in section catchline.
Subsec. (a)(4). Pub. L. 91-258, Sec. 207(c)(2), added par. (4).
Subsec. (c). Pub. L. 91-258, Sec. 207(c)(3), (4), inserted
references to sections 6427 and 6427(f), respectively.
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-206, title VI, Sec. 6023(32), July 22, 1998, 112
Stat. 826, provided that: ''The amendments made by this section
(amending this section and sections 45A, 59, 72, 142, 501, 512,
543, 871, 1017, 1250, 3121, 3401, 4092, 4221, 4222, 4973, 4975,
6039, 6050R, 6103, 6416, 6421, 6427, 6501, 7434, 7702B, 7872, and
9502 of this title) shall take effect on the date of the enactment
of this Act (July 22, 1998).''
EFFECTIVE DATE OF 1996 AMENDMENT
Section 1606(c) of Pub. L. 104-188 provided that: ''The
amendments made by this section (amending this section and section
6427 of this title) shall apply to vehicles purchased after the
date of the enactment of this Act (Aug. 20, 1996).''
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-647 effective, except as otherwise
provided, as if included in the provision of the Tax Reform Act of
1986, Pub. L. 99-514, to which such amendment relates, see section
1019(a) of Pub. L. 100-647, set out as a note under section 1 of
this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 1703(e)(2)(F) of Pub. L. 99-514 applicable
to gasoline removed (as defined in section 4082 of this title as
amended by section 1703 of Pub. L. 99-514) after Dec. 31, 1987, see
section 1703(h) of Pub. L. 99-514 set out as a note under section
4081 of this title.
Amendment by section 1877(a) of Pub. L. 99-514 effective, except
as otherwise provided, as if included in the provisions of the Tax
Reform Act of 1984, Pub. L. 98-369, div. A, to which such
amendment relates, see section 1881 of Pub. L. 99-514, set out as a
note under section 48 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by section 911(d)(2)(A) of Pub. L. 98-369 effective
Aug. 1, 1984, see section 911(e) of Pub. L. 98-369, set out as a
note under section 6427 of this title.
EFFECTIVE DATE OF 1983 AMENDMENT
Section 515(c) of Pub. L. 97-424 provided that: ''The amendments
made by this section (amending sections 39 (now 34), 874, 882,
4101, 4102, 4221, 4222, 6201, 6206, 6416, 6421, 6504, 6675, 7210,
7603 to 7605, 7609, and 7610 of this title and repealing sections
4091 to 4094 and 6424 of this title) shall apply with respect to
articles sold after the date of the enactment of this Act (Jan. 6,
1983).''
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-223 effective on Jan. 1, 1979, see
section 232(h)(2) of Pub. L. 96-223, set out as a note under
section 6427 of this title.
EFFECTIVE DATE OF 1978 AMENDMENTS
Section 233(d) of Pub. L. 95-618 provided that: ''The amendments
made by this section (amending sections 39 (now 34), 4041, 4221,
4483, 6416, 6421, 6424, 6427, 6504, and 6675 of this title and
amending a provision set out as a note under section 120 of Title
23, Highways) shall take effect on the first day of the first
calendar month which begins more than 10 days after the date of the
enactment of this Act (Nov. 9, 1978).''
Amendment by Pub. L. 95-599 effective Jan. 1, 1979, see section
505(d) of Pub. L. 95-599, set out as a note under section 6427 of
this title.
EFFECTIVE DATE OF 1976 AMENDMENTS
Amendment by Pub. L. 94-530 effective on Oct. 1, 1976, see
section 1(d) of Pub. L. 94-530, set out as a note under section
4041 of this title.
Amendment by section 1901(a)(3) of Pub. L. 94-455 applicable with
respect to taxable years beginning after Dec. 31, 1976, see section
1901(d) of Pub. L. 94-455, set out as a note under section 2 of
this title.
Amendment by section 1906(b)(8), (9) of Pub. L. 94-455, to take
effect on Feb. 1, 1977, see section 1906(d) of Pub. L. 94-455, set
out as a note under section 6013 of this title.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-258 applicable with respect to taxable
years ending after June 30, 1970, see section 211(b) of Pub. L.
91-258, set out as a note under section 4041 of this title.
EFFECTIVE DATE
Section applicable to taxable years beginning on or after July 1,
1965, see section 809(f) of Pub. L. 89-44, set out as an Effective
Date of 1965 Amendment note under section 6420 of this title.
References
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 774, 874, 882, 995, 1366,
1374, 1375, 1503, 4682, 6211, 6213, 6420, 6421, 6427, 9502, 9503,
9508 of this title.
