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USC Title 26 enacted through 2008

§ 4064. Gas guzzler tax

 
(a)
Imposition of tax
 
There is hereby imposed on the sale by the manufacturer of each automobile a tax determined in accordance with the following table:
If the fuel economy of the model typein which the automobile falls is:The tax is:
At least 22.5$0
At least 21.5 but less than 22.51,000
At least 20.5 but less than 21.51,300
At least 19.5 but less than 20.51,700
At least 18.5 but less than 19.52,100
At least 17.5 but less than 18.52,600
At least 16.5 but less than 17.53,000
At least 15.5 but less than 16.53,700
At least 14.5 but less than 15.54,500
At least 13.5 but less than 14.55,400
At least 12.5 but less than 13.56,400
Less than 12.57,700.
 
(b)
Definitions
 
For purposes of this section -
 
(1)
Automobile
 
(A)
In general
 
The term "automobile" means any 4-wheeled vehicle propelled by fuel -
 
(i)
which is manufactured primarily for use on public streets, roads, and highways (except any vehicle operated exclusively on a rail or rails), and
 
(ii)
which is rated at 6,000 pounds unloaded gross vehicle weight or less.
 
(B)
Exception for certain vehicles
 
The term "automobile" does not include any vehicle which is treated as a nonpassenger automobile under the rules which were prescribed by the Secretary of Transportation for purposes of section 32901 of title 49, United States Code, and which were in effect on the date of the enactment of this section.
 
(C)
Exception for emergency vehicles
 
The term "automobile" does not include any vehicle sold for use and used -
 
(i)
as an ambulance or combination ambulance-hearse,
 
(ii)
by the United States or by a State or local government for police or other law enforcement purposes, or
 
(iii)
for other emergency uses prescribed by the Secretary by regulations.
 
(2)
Fuel economy
 
The term "fuel economy" means the average number of miles traveled by an automobile per gallon of gasoline (or equivalent amount of other fuel) consumed, as determined by the EPA Administrator in accordance with procedures established under subsection (c).
 
(3)
Model type
 
The term "model type" means a particular class of automobile as determined by regulation by the EPA Administrator.
 
(4)
Model year
 
The term "model year", with reference to any specific calendar year, means a manufacturer's annual production period (as determined by the EPA Administrator) which includes January 1 of such calendar year. If a manufacturer has no annual production period, the term "model year" means the calendar year.
 
(5)
Manufacturer
 
(A)
In general
 
The term "manufacturer" includes a producer or importer.
 
(B)
Lengthening treated as manufacture
 
For purposes of this section, subchapter G of this chapter, and section 6416(b)(3), the lengthening of an automobile by any person shall be treated as the manufacture of an automobile by such person.
 
(6)
EPA Administrator
 
The term "EPA Administrator" means the Administrator of the Environmental Protection Agency.
 
(7)
Fuel
 
The term "fuel" means gasoline and diesel fuel. The Secretary (after consultation with the Secretary of Transportation) may, by regulation, include any product of petroleum or natural gas within the meaning of such term if he determines that such inclusion is consistent with the need of the Nation to conserve energy.
 
(c)
Determination of fuel economy
 
For purposes of this section -
 
(1)
In general
 
Fuel economy for any model type shall be measured in accordance with testing and calculation procedures established by the EPA Administrator by regulation. Procedures so established shall be the procedures utilized by the EPA Administrator for model year 1975 (weighted 55 percent urban cycle, and 45 percent highway cycle), or procedures which yield comparable results. Procedures under this subsection, to the extent practicable, shall require that fuel economy tests be conducted in conjunction with emissions tests conducted under section 206 of the Clean Air Act. The EPA Administrator shall report any measurements of fuel economy to the Secretary.
 
(2)
Special rule for fuels other than gasoline
 
The EPA Administrator shall by regulation determine that quantity of any other fuel which is the equivalent of one gallon of gasoline.
 
(3)
Time by which regulations must be issued
 
Testing and calculation procedures applicable to a model year, and any amendment to such procedures (other than a technical or clerical amendment), shall be promulgated not less than 12 months before the model year to which such procedures apply.








Tax Code (Internal Revenue Code) Section Index


U.S. GAAP by Codification Topic
 
105 GAAP Hierarchy
105 GAAP History

205 Presentation of Financial Statements
205-20 Discontinued Operations
210 Balance Sheet
210-20 Offsetting
220 Comprehensive Income
225 Income Statement
225-20 Extraordinary and Unusual Items
230 Statement of Cash Flows
250 Accounting Changes and Error Corrections
260 Earnings per Share
270 Interim Reporting

310 Impairment of a Loan
320 Investment Securities
320 Other-Than-Temporary Impairments, FSP FAS 115-2
320-10-05 Overview of Investments in Other Entities
320-10-35 Reclassification of Investments in Securities
323-10 Equity Method Investments
323-30 Investments in Partnerships and Joint Ventures
325-20 Cost Method Investments
330 Inventory

340-20 Capitalized Advertising Costs
350-20 Goodwill
350-30 Intangibles Other than Goodwill
350-40 Internal-Use Software
350-50 Website Development Costs
360 Property, Plant and Equipment
360-20 Real Estate Sales

410 Asset Retirement and Environmental Obligations
420 Exit or Disposal Cost Obligations
450 Contingencies
450-20 Loss Contingencies
450-30 Gain Contingencies
480 Redeemable Financial Instruments

505-20 Stock Dividends, Stock Splits
505-30 Treasury Stock

605 SEC Staff Accounting Bulletin, Topic 13
605-25 Revenue Recognition - Multiple Element Arrangements

715-30 Defined Benefit Plans - Pension
718 Share-Based Payment
730 Research and Development
730-20 Research and Development Arrangements

805 Business Combinations
810 Consolidation
810 Noncontrolling Interests
810 Consolidation of Variable Interest Entities, SFAS 167

815 Derivatives and Hedging Overview

820 Fair Value Measurements
820 Fair value when the markets are not active, FSP FAS 157-4
825 Fair Value Option

830 Foreign Currency Matters
830-20 Foreign Currency Transactions
830-30 Translation of Financial Statements
835 Interest
835-20 Capitalization of Interest
835-30 Imputation of Interest

840 Leases
840-20 Operating Leases
840-30 Capital Leases
840-40 Sale-Leaseback Transactions
845 Nonmonetary Transactions

855 Subsequent Events
860-20 Sale of Financial Assets, SFAS 166
860-50 Servicing Assets and Liabilities, SFAS 156

985-20 Costs of software to be sold


U.S. GAAP Codification
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Tax Code (Internal Revenue Code) Section Index




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