26 USC 4261 - Imposition of tax

Collapse to view only § 4261. Imposition of tax

§ 4261. Imposition of tax
§ 4262. Definition of taxable transportation
§ 4263. Special rules

§ 4261. Imposition of tax

(a) In general

(b) Domestic segments of taxable transportation

(1) In general

(2) Domestic segment

(3) Changes in segments by reason of reroutingIf—

(A) transportation is purchased between 2 locations on specified flights, and

(B) there is a change in the route taken between such 2 locations which changes the number of domestic segments, but there is no change in the amount charged for such transportation,

the tax imposed by paragraph (1) shall be determined without regard to such change in route.

(1) In general

(2) Exception for transportation entirely taxable under subsection (a)

(3) Special rule for Alaska and Hawaii

(d) By whom paid

(e) Special rules

(1) Segments to and from rural airports

(A) Exception from segment tax

(B) Rural airportFor purposes of this paragraph, the term “rural airport” means, with respect to any calendar year, any airport if—

(i) there were fewer than 100,000 commercial passengers departing by air (in the case of any airport described in clause (ii)(III), on flight segments of at least 100 miles) during the second preceding calendar year from such airport, and

(ii) such airport—(I) is not located within 75 miles of another airport which is not described in clause (i),(II) is receiving essential air service subsidies as of the date of the enactment of this paragraph, or(III) is not connected by paved roads to another airport.

(2) Amounts paid outside the United States

(3) Amounts paid for right to award free or reduced rate air transportation

(A) In general

(B) Controlled group

(4) Inflation adjustment of dollar rates of tax

(A) In generalIn the case of taxable events in a calendar year after the last nonindexed year, the $3.00 amount contained in subsection (b) and each dollar amount contained in subsection (c) shall be increased by an amount equal to—

(i) such dollar amount, multiplied by

(ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting the year before the last nonindexed year for “calendar year 2016” in subparagraph (A)(ii) thereof.

If any increase determined under the preceding sentence is not a multiple of 10 cents, such increase shall be rounded to the nearest multiple of 10 cents.

(B) Last nonindexed yearFor purposes of subparagraph (A), the last nonindexed year is—

(i) 2002 in the case of the $3.00 amount contained in subsection (b), and

(ii) 1998 in the case of the dollar amounts contained in subsection (c).

(D) Special rule for amounts paid for domestic segments beginning after 2002

(5) Amounts paid for aircraft management services

(A) In generalNo tax shall be imposed by this section or section 4271 on any amounts paid by an aircraft owner for aircraft management services related to—

(i) maintenance and support of the aircraft owner’s aircraft, or

(ii) flights on the aircraft owner’s aircraft.

(B) Aircraft management servicesFor purposes of subparagraph (A), the term “aircraft management services” includes—

(i) assisting an aircraft owner with administrative and support services, such as scheduling, flight planning, and weather forecasting,

(ii) obtaining insurance,

(iii) maintenance, storage and fueling of aircraft,

(iv) hiring, training, and provision of pilots and crew,

(v) establishing and complying with safety standards, and

(vi) such other services as are necessary to support flights operated by an aircraft owner.

(i) In general

(ii) Disqualified lease

(D) Pro rata allocation

(f) Exemption for certain usesNo tax shall be imposed under subsection (a) or (b) on air transportation—

(1) by helicopter for the purpose of transporting individuals, equipment, or supplies in the exploration for, or the development or removal of, hard minerals, oil, or gas, or

(2) by helicopter or by fixed-wing aircraft for the purpose of the planting, cultivation, cutting, or transportation of, or caring for, trees (including logging operations),

but only if the helicopter or fixed-wing aircraft does not take off from, or land at, a facility eligible for assistance under the Airport and Airway Development Act of 1970, or otherwise use services provided pursuant to section 44509 or 44913(b) or subchapter I of chapter 471 of title 49, United States Code, during such use. In the case of helicopter transportation described in paragraph (1), this subsection shall be applied by treating each flight segment as a distinct flight.

(g) Exemption for air ambulances providing certain emergency medical transportationNo tax shall be imposed under this section or section 4271 on any air transportation for the purpose of providing emergency medical services—

(1) by helicopter, or

(2) by a fixed-wing aircraft equipped for and exclusively dedicated on that flight to acute care emergency medical services.

(h) Exemption for skydiving uses

(i) Exemption for seaplanes

(j) Exemption for aircraft in fractional ownership aircraft programs

(k) Application of taxes

(1) In generalThe taxes imposed by this section 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, 2028, and

(B) amounts paid during such period for transportation beginning after such period.

(2) Refunds

(Aug. 16, 1954, ch. 736, 68A Stat. 506; July 25, 1956, ch. 725, §§ 1, 4(b), 70 Stat. 644, 646; Pub. L. 86–75, § 4, June 30, 1959, 73 Stat. 158; Pub. L. 86–564, title II, § 202(a)(3), June 30, 1960, 74 Stat. 290; Pub. L. 87–72, § 3(a)(3), June 30, 1961, 75 Stat. 193; Pub. L. 87–508, § 5(a), (b), June 28, 1962, 76 Stat. 115; Pub. L. 88–52, § 3(a)(3), June 29, 1963, 77 Stat. 72; Pub. L. 88–348, § 2(a)(3), June 30, 1964, 78 Stat. 237; Pub. L. 89–44, title III, § 303(a), June 21, 1965, 79 Stat. 148; Pub. L. 91–258, title II, § 203(a), May 21, 1970, 84 Stat. 238; Pub. L. 94–455, title XIX, § 1904(a)(7), 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(a), Sept. 3, 1982, 96 Stat. 564; Pub. L. 98–369, div. A, title X, § 1018(b), July 18, 1984, 98 Stat. 1021; Pub. L. 99–514, title XVIII, § 1878(c)(2), Oct. 22, 1986, 100 Stat. 2903; Pub. L. 100–223, title IV, §§ 402(a)(1), 404(a), (c), Dec. 30, 1987, 101 Stat. 1532, 1533; Pub. L. 101–239, title VII, § 7503(a), Dec. 19, 1989, 103 Stat. 2362; Pub. L. 101–508, title XI, § 11213(a)(1), (d)(1), Nov. 5, 1990, 104 Stat. 1388–432, 1388–435; Pub. L. 103–272, § 5(g)(2), July 5, 1994, 108 Stat. 1374; Pub. L. 104–188, title I, § 1609(b), (d), (e), Aug. 20, 1996, 110 Stat. 1841, 1842; Pub. L. 105–2, § 2(b)(1), Feb. 28, 1997, 111 Stat. 5; Pub. L. 105–34, title X, § 1031(b)(1), (c)(1), (2), title XIV, § 1435(a), title XVI, § 1601(f)(4)(D), Aug. 5, 1997, 111 Stat. 929, 930, 1052, 1091; Pub. L. 108–176, title IX, § 902(a), Dec. 12, 2003, 117 Stat. 2598;

§ 4262. Definition of taxable transportation

(a) Taxable transportation; in generalFor purposes of this part, except as provided in subsection (b), the term “taxable transportation” means—

(1) transportation by air which begins in the United States or in the 225–mile zone and ends in the United States or in the 225–mile zone; and

(2) in the case of transportation by air other than transportation described in paragraph (1), that portion of such transportation which is directly or indirectly from one port or station in the United States to another port or station in the United States, but only if such portion is not a part of uninterrupted international air transportation (within the meaning of subsection (c)(3)).

(b) Exclusion of certain travelFor purposes of this part, the term “taxable transportation” does not include that portion of any transportation by air which meets all 4 of the following requirements:

(1) such portion is outside the United States;

(2) neither such portion nor any segment thereof is directly or indirectly—

(A) between (i) a point where the route of the transportation leaves or enters the continental United States, or (ii) a port or station in the 225-mile zone, and

(B) a port or station in the 225-mile zone;

(3) such portion—

(A) begins at either (i) the point where the route of the transportation leaves the United States, or (ii) a port or station in the 225-mile zone, and

(B) ends at either (i) the point where the route of the transportation enters the United States, or (ii) a port or station in the 225-mile zone; and

(4) a direct line from the point (or the port or station) specified in paragraph (3)(A), to the point (or the port or station) specified in paragraph (3)(B), passes through or over a point which is not within 225 miles of the United States.

(1) Continental United States

(2) 225-mile zone

(3) Uninterrupted international air transportationThe term “uninterrupted international air transportation” means any transportation by air which is not transportation described in subsection (a)(1) and in which—

(A) the scheduled interval between (i) the beginning or end of the portion of such transportation which is directly or indirectly from one port or station in the United States to another port or station in the United States and (ii) the end or beginning of the other portion of such transportation is not more than 12 hours, and

(B) the scheduled interval between the beginning or end and the end or beginning of any two segments of the portion of such transportation referred to in subparagraph (A)(i) is not more than 12 hours.

For purposes of this paragraph, in the case of personnel of the United States Army, Air Force, Navy, Marine Corps, and Coast Guard traveling in uniform at their own expense when on official leave, furlough, or pass, the scheduled interval described in subparagraph (A) shall be deemed to be not more than 12 hours if a ticket for the subsequent portion of such transportation is purchased within 12 hours after the end of the earlier portion of such transportation and the purchaser accepts and utilizes the first accommodations actually available to him for such subsequent portion.

(d) Transportation

(e) Authority to waive 225-mile zone provisions

(1) In generalIf the Secretary of the Treasury determines that Canada or Mexico has entered into a qualified agreement—

(A) the Secretary shall publish a notice of such determination in the Federal Register, and

(B) effective with respect to transportation beginning after the date specified in such notice, to the extent provided in the agreement, the term “225-mile zone” shall not include part or all of the country with respect to which such determination is made.

(2) Termination of waiverIf a determination was made under paragraph (1) with respect to any country and the Secretary of the Treasury subsequently determines that the agreement is no longer in effect or that the agreement is no longer a qualified agreement—

(A) the Secretary shall publish a notice of such determination in the Federal Register, and

(B) subparagraph (B) of paragraph (1) shall cease to apply with respect to transportation beginning after the date specified in such notice.

(3) Qualified agreementFor purposes of this subsection, the term “qualified agreement” means an agreement between the United States and Canada or Mexico (as the case may be)—

(A) setting forth that portion of such country which is not to be treated as within the 225-mile zone, and

(B) providing that the tax imposed by such country on transportation described in subparagraph (A) will be at a level which the Secretary of the Treasury determines to be appropriate.

(4) Requirement that agreement be submitted to Congress

(Added July 25, 1956, ch. 725, § 3, 70 Stat. 644; amended Pub. L. 86–70, § 22(b), June 25, 1959, 73 Stat. 146; Pub. L. 86–624, § 18(a), July 12, 1960, 74 Stat. 416; Pub. L. 87–508, § 5(b), June 28, 1962, 76 Stat. 116; Pub. L. 89–44, title VIII, § 803(a), June 21, 1965, 79 Stat. 160; Pub. L. 91–258, title II, § 203(b), May 21, 1970, 84 Stat. 238; Pub. L. 97–248, title II, § 281A(a)(1), (2), Sept. 3, 1982, 96 Stat. 566, 567.)

§ 4263. Special rules

(a) Payments made outside the United States for prepaid orders

(b) Tax deducted upon refunds

(d) Application of tax

(e) Round trips

(f) Transportation outside the northern portion of the Western Hemisphere

(Added July 25, 1956, ch. 725, § 4(a), 70 Stat. 645, § 4264; amended Pub. L. 87–508, § 5(b), June 28, 1962, 76 Stat. 117; renumbered § 4263, Pub. L. 91–258, title II, § 205(c)(2), May 21, 1970, 84 Stat. 242; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 105–34, title X, § 1031(c)(3), Aug. 5, 1997, 111 Stat. 932.)