Gas Tax Relief Act of 2005 - Amends the Internal Revenue Code to suspend the excise tax on highway motor fuels, other than aviation fuels, for a period of 30 days after the enactment of this Act. Provides for adjustments to such excise tax for floor stocks of highway motor fuels held by dealers prior to, or after, the suspension period provided by this Act.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3683 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3683
To amend the Internal Revenue Code of 1986 to suspend for 30 days the
Federal excise taxes on highway motor fuels.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 7, 2005
Mr. English of Pennsylvania (for himself, Mr. Shadegg, Mr. Paul, Mr.
McHenry, Mr. Ford, Mr. Sensenbrenner, Mr. Wilson of South Carolina, Mr.
Simmons, Mr. Kennedy of Minnesota, Mr. Goode, Mrs. Cubin, Mr. McCaul of
Texas, Mr. Hayworth, Mrs. Johnson of Connecticut, Mr. Aderholt, Mr.
Renzi, Mr. Weller, Mr. Gingrey, Mrs. Blackburn, Mr. Miller of Florida,
Mr. Franks of Arizona, and Mrs. Miller of Michigan) introduced the
following bill; which was referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to suspend for 30 days the
Federal excise taxes on highway motor fuels.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Gas Tax Relief Act
of 2005''.
(b) Constitutional Authority to Enact This Legislation.--The
constitutional authority upon which this Act rests is the power of
Congress to lay and collect taxes, set forth in article I, section 8 of
the United States Constitution.
SEC. 2. 30-DAY SUSPENSION OF FUEL TAXES ON HIGHWAY MOTOR FUELS.
(a) In General.--Section 4081 of the Internal Revenue Code of 1986
(relating to imposition of tax on motor and aviation fuels) is amended
by adding at the end the following new subsection:
``(f) 30-Day Suspension of Highway Motor Fuel Taxes.--
``(1) In general.--During the suspension period, no tax
shall be imposed by section 4041 or 4081 on highway motor fuel.
``(2) Definitions.--For purposes of this subsection--
``(A) Suspension period.--The term `suspension
period' means the 30-day period beginning on the day
after the date of the enactment of this Act.
``(B) Highway motor fuel.--The term `highway motor
fuel' means any fuel subject to tax under section 4041
or 4081 other than aviation gasoline and aviation-grade
kerosene.
``(3) Preemption of state law.--No State tax may be
increased by reason of any suspension of tax under this
subsection.''.
(b) Maintenance of Trust Funds Deposits; Amounts Appropriated to
Trust Funds Treated as Taxes.--
(1) In general.--There is hereby appropriated (out of any
money in the Treasury not otherwise appropriated) to each trust
fund which would (but for this subsection) receive reduced
revenues as a result of suspending a tax referred to in section
4081(f)(1) of such Code (as added by this section) an amount
equal to such reduction in revenues. Amounts appropriated by
the preceding sentence to any trust fund--
(A) shall be transferred from the general fund at
such times and in such manner as to replicate to the
extent possible the transfers which would have occurred
had subsection (a) not been enacted, and
(B) shall be treated for all purposes of Federal
law as taxes received under the appropriate section
referred to in such section 4081(f)(1).
(c) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. FLOOR STOCK REFUNDS.
(a) In General.--If--
(1) before the tax suspension date, tax has been imposed
under section 4081 of the Internal Revenue Code of 1986 on any
highway motor fuel, and
(2) on such date such fuel is held by a dealer and has not
been used and is intended for sale,
there shall be credited or refunded (without interest) to the person
who paid such tax (hereafter in this section referred to as the
``taxpayer'') an amount equal to the tax paid by the taxpayer.
(b) Time for Filing Claims.--No credit or refund shall be allowed
or made under this section unless--
(1) claim therefor is filed with the Secretary of the
Treasury before the date which is 6 months after the tax
suspension date based on a request submitted to the taxpayer
before the date which is 3 months after the tax suspension date
by the dealer who held the highway motor fuel on such date, and
(2) the taxpayer has repaid or agreed to repay the amount
so claimed to such dealer or has obtained the written consent
of such dealer to the allowance of the credit or the making of
the refund.
(c) Exception for Fuel Held in Retail Stocks.--No credit or refund
shall be allowed under this section with respect to any highway motor
fuel in retail stocks held at the place where intended to be sold at
retail.
(d) Definitions.--For purposes of this section--
(1) Tax suspension date.--The term ``tax suspension date''
means the day after the date of the enactment of this Act.
(2) Other terms.--The terms ``dealer'' and ``held by a
dealer'' have the respective meanings given to such terms by
section 6412 of such Code.
(e) Certain Rules to Apply.--Rules similar to the rules of
subsections (b) and (c) of section 6412 of such Code shall apply for
purposes of this section.
SEC. 4. FLOOR STOCKS TAX.
(a) Imposition of Tax.--In the case of any highway motor fuel which
is held on the tax restoration date by any person, there is hereby
imposed a floor stocks tax equal to the excess of the tax which would
be imposed on such fuel had the taxable event occurred on such date
over the tax (if any) previously paid (and not credited or refunded) on
such fuel.
(b) Liability for Tax and Method of Payment.--
(1) Liability for tax.--The person holding highway motor
fuel on the tax restoration date to which the tax imposed by
subsection (a) applies shall be liable for such tax.
(2) Method of payment.--The tax imposed by subsection (a)
shall be paid in such manner as the Secretary shall prescribe.
(3) Time for payment.--The tax imposed by subsection (a)
shall be paid on or before the 45th day after the tax
restoration date.
(c) Definitions.--For purposes of this section--
(1) Tax restoration date.--The term ``tax restoration
date'' means the first day after the suspension period (as
defined in section 4081(f) of such Code).
(2) Highway motor fuel.--The term ``highway motor fuel''
has the meaning given to such term by section 4081(f) of such
Code.
(3) Held by a person.--A highway motor fuel shall be
considered as held by a person if title thereto has passed to
such person (whether or not delivery to the person has been
made).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or the Secretary's delegate.
(d) Exception for Exempt Uses.--The tax imposed by subsection (a)
shall not apply to any highway motor fuel held by any person
exclusively for any use to the extent a credit or refund of the tax is
allowable for such use.
(e) Exception for Certain Amounts of Fuel.--
(1) In general.--No tax shall be imposed by subsection (a)
on any highway motor fuel held on the tax restoration date by
any person if the aggregate amount of such highway motor fuel
held by such person on such date does not exceed 2,000 gallons.
The preceding sentence shall apply only if such person submits
to the Secretary (at the time and in the manner required by the
Secretary) such information as the Secretary shall require for
purposes of this paragraph.
(2) Exempt fuel.--For purposes of paragraph (1), there
shall not be taken into account any highway motor fuel held by
any person which is exempt from the tax imposed by subsection
(a) by reason of subsection (d).
(3) Controlled groups.--For purposes of this section--
(A) Corporations.--
(i) In general.--All persons treated as a
controlled group shall be treated as 1 person.
(ii) Controlled group.--The term
``controlled group'' has the meaning given to
such term by subsection (a) of section 1563 of
such Code; except that for such purposes the
phrase ``more than 50 percent'' shall be
substituted for the phrase ``at least 80
percent'' each place it appears in such
subsection.
(B) Nonincorporated persons under common control.--
Under regulations prescribed by the Secretary,
principles similar to the principles of subparagraph
(A) shall apply to a group of persons under common
control if 1 or more of such persons is not a
corporation.
(f) Other Laws Applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by section 4081
of such Code shall, insofar as applicable and not inconsistent with the
provisions of this section, apply with respect to the floor stock taxes
imposed by subsection (a) to the same extent as if such taxes were
imposed by such sections.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
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