Collapse to view only § 4681. Imposition of tax
§ 4681. Imposition of tax
(a) General rule
There is hereby imposed a tax on—
(1) any ozone-depleting chemical sold or used by the manufacturer, producer, or importer thereof, and
(2) any imported taxable product sold or used by the importer thereof.
(b) Amount of tax
(1) Ozone-depleting chemicals
(A) In general
The amount of the tax imposed by subsection (a) on each pound of ozone-depleting chemical shall be an amount equal to—
(i) the base tax amount, multiplied by
(ii) the ozone-depletion factor for such chemical.
(B) Base tax amount
(2) Imported taxable product
(A) In general
(B) Certain rules to apply
(Added Pub. L. 101–239, title VII, § 7506(a), Dec. 19, 1989, 103 Stat. 2364; amended Pub. L. 101–508, title XI, § 11203(c), Nov. 5, 1990, 104 Stat. 1388–422; Pub. L. 102–486, title XIX, § 1931(a), Oct. 24, 1992, 106 Stat. 3029; Pub. L. 105–34, title XIV, § 1432(c)(1), Aug. 5, 1997, 111 Stat. 1050.)
§ 4682. Definitions and special rules
(a) Ozone-depleting chemicalFor purposes of this subchapter—
(1) In generalThe term “ozone-depleting chemical” means any substance—
(A) which, at the time of the sale or use by the manufacturer, producer, or importer, is listed as an ozone-depleting chemical in the table contained in paragraph (2), and
(B) which is manufactured or produced in the United States or entered into the United States for consumption, use, or warehousing.
(2) Ozone-depleting chemicals
(b) Ozone-depletion factor
(c) Imported taxable productFor purposes of this subchapter—
(1) In general
(2) De minimis exception
(d) Exceptions
(1) Recycling
(2) Use in further manufacture
(A) In generalNo tax shall be imposed by section 4681—
(i) on the use of any ozone-depleting chemical in the manufacture or production of any other chemical if the ozone-depleting chemical is entirely consumed in such use,
(ii) on the sale by the manufacturer, producer, or importer of any ozone-depleting chemical—(I) for a use by the purchaser which meets the requirements of clause (i), or(II) for resale by the purchaser to a second purchaser for a use by the second purchaser which meets the requirements of clause (i).
Clause (ii) shall apply only if the manufacturer, producer, and importer, and the 1st and 2d purchasers (if any), meet such registration requirements as may be prescribed by the Secretary.
(B) Credit or refundUnder regulations prescribed by the Secretary, if—
(i) a tax under this subchapter was paid with respect to any ozone-depleting chemical, and
(ii) such chemical was used (and entirely consumed) by any person in the manufacture or production of any other chemical,
then an amount equal to the tax so paid shall be allowed as a credit or refund (without interest) to such person in the same manner as if it were an overpayment of tax imposed by section 4681.
(3) Exports
(A) In general
(B) Limit on benefit
(i) In generalThe aggregate tax benefit allowable under subparagraph (A) with respect to ozone-depleting chemicals manufactured, produced, or imported by any person during a calendar year shall not exceed the sum of—(I) the amount equal to the 1986 export percentage of the aggregate tax which would (but for this subsection and subsection (g)) be imposed by this subchapter with respect to the maximum quantity of ozone-depleting chemicals permitted to be manufactured or produced by such person during such calendar year under regulations prescribed by the Environmental Protection Agency (other than chemicals with respect to which subclause (II) applies),(II) the aggregate tax which would (but for this subsection and subsection (g)) be imposed by this subchapter with respect to any additional production allowance granted to such person with respect to ozone-depleting chemicals manufactured or produced by such person during such calendar year by the Environmental Protection Agency under 40 CFR Part 82 (as in effect on September 14, 1989), and(III) the aggregate tax which was imposed by this subchapter with respect to ozone-depleting chemicals imported by such person during the calendar year.
(ii) 1986 export percentage
(C) Separate application of limit for newly listed chemicals
(i) In general
(ii) Application to newly listed chemicalsIn applying subparagraph (B) to newly listed chemicals—(I) subparagraph (B) shall be applied by substituting “1989” for “1986” each place it appears, and(II) clause (i)(II) thereof shall be applied by substituting for the regulations referred to therein any regulations (whether or not prescribed by the Secretary) which the Secretary determines are comparable to the regulations referred to in such clause with respect to newly listed chemicals.
(iii) Newly listed chemical
(e) Other definitionsFor purposes of this subchapter—
(1) Importer
(2) United States
(f) Special rules
(1) Fractional parts of a pound
(2) Disposition of revenues from Puerto Rico and the Virgin Islands
(g) Chemicals used as propellants in metered-dose inhalers
(1) Exemption from tax
(A) In generalNo tax shall be imposed by section 4681 on—
(i) any use of any substance as a propellant in metered-dose inhalers, or
(ii) any qualified sale by the manufacturer, producer, or importer of any substance.
(B) Qualified saleFor purposes of subparagraph (A), the term “qualified sale” means any sale by the manufacturer, producer, or importer of any substance—
(i) for use by the purchaser as a propellant in metered dose inhalers, or
(ii) for resale by the purchaser to a 2d purchaser for such use by the 2d purchaser.
The preceding sentence shall apply only if the manufacturer, producer, and importer, and the 1st and 2d purchasers (if any) meet such registration requirements as may be prescribed by the Secretary.
(2) Overpayments
(h) Imposition of floor stocks taxes
(1) In general
(A) In general
(B) Amount of taxThe amount of the tax imposed by subparagraph (A) shall be the excess (if any) of—
(i) the tax which would be imposed under section 4681 on such substance if the sale of such chemical by the manufacturer, producer, or importer thereof had occurred on the tax-increase date, over
(ii) the prior tax (if any) imposed by this subchapter on such substance.
(C) Tax-increase date
(2) Due date
(3) Application of other laws
(Added Pub. L. 101–239, title VII, § 7506(a), Dec. 19, 1989, 103 Stat. 2365; amended Pub. L. 101–508, title XI, §§ 11203(a), (b), (d), 11701(g), Nov. 5, 1990, 104 Stat. 1388–421, 1388–422, 1388–508; Pub. L. 102–486, title XIX, §§ 1931(b), (c), 1932(a)–(c), Oct. 24, 1992, 106 Stat. 3029–3031; Pub. L. 104–188, title I, § 1803(a)(1), (b), Aug. 20, 1996, 110 Stat. 1892, 1893; Pub. L. 105–34, title IX, § 903(a), title XIV, § 1432(c)(2), Aug. 5, 1997, 111 Stat. 873, 1051; Pub. L. 113–295, div. A, title II, § 221(a)(107), Dec. 19, 2014, 128 Stat. 4053.)