There is hereby imposed a tax on any liquid used during any calendar quarter by any person as a fuel in a vessel in commercial waterway transportation.
The rate of the tax imposed by subsection (a) is the sum of—
(A) the Inland Waterways Trust Fund financing rate,
(B) the Leaking Underground Storage Tank Trust Fund financing rate, and
(C) the deficit reduction rate.
For purposes of paragraph (1)—
(A) The Inland Waterways Trust Fund financing rate is the rate determined in accordance with the following table:
| If the use occurs: | The tax per gallon is: |
|---|---|
| Before 1990 | 10 cents |
| During 1990 | 11 cents |
| During 1991 | 13 cents |
| During 1992 | 15 cents |
| During 1993 | 17 cents |
| During 1994 | 19 cents |
| After 1994 | 20 cents. |
(B) The Leaking Underground Storage Tank Trust Fund financing rate is 0.1 cent per gallon.
(C) The deficit reduction rate is—
(i) 3.3 cents per gallon after December 31, 2004, and before July 1, 2005,
(ii) 2.3 cents per gallon after June 30, 2005, and before January 1, 2007, and
(iii) 0 after December 31, 2006.
The Leaking Underground Storage Tank Trust Fund financing rate under paragraph (2)(B) shall not apply to the use of any fuel if tax was imposed with respect to such fuel under section 4041(d) or 4081 at the Leaking Underground Storage Tank Trust Fund financing rate.
The Leaking Underground Storage Tank Trust Fund financing rate under paragraph (2)(B) shall not apply during any period during which the Leaking Underground Storage Tank Trust Fund financing rate under section 4081 does not apply.
The tax imposed by subsection (a) shall not apply with respect to any vessel designed primarily for use on the high seas which has a draft of more than 12 feet.
The tax imposed by subsection (a) shall not apply with respect to any vessel used primarily for the transportation of persons.
Subparagraph (B) of subsection (d)(1) shall not apply with respect to use by a State or political subdivision thereof.
The tax imposed by subsection (a) shall not apply with respect to use for movement by tug of exclusively LASH (Lighter-aboard-ship) and SEABEE ocean-going barges released by their ocean-going carriers solely to pick up or deliver international cargoes.
For purposes of this section—
The term "commercial waterway transportation" means any use of a vessel on any inland or intracoastal waterway of the United States—
(A) in the business of transporting property for compensation or hire, or
(B) in transporting property in the business of the owner, lessee, or operator of the vessel (other than fish or other aquatic animal life caught on the voyage).
The term "inland or intracoastal waterway of the United States" means any inland or intracoastal waterway of the United States which is described in section 206 of the Inland Waterways Revenue Act of 1978.
The term "person" includes the United States, a State, a political subdivision of a State, or any agency or instrumentality of any of the foregoing.
The date for filing the return of the tax imposed by this section for any calendar quarter shall be the last day of the first month following such quarter.
(Added Pub. L. 95–502, title II, §202(a), Oct. 21, 1978, 92 Stat. 1696; amended Pub. L. 99–499, title V, §521(a)(3), Oct. 17, 1986, 100 Stat. 1777; Pub. L. 99–662, title XIV, §1404(a), Nov. 17, 1986, 100 Stat. 4270; Pub. L. 100–647, title II, §2002(a)(2), Nov. 10, 1988, 102 Stat. 3597; Pub. L. 103–66, title XIII, §13241(d), Aug. 10, 1993, 107 Stat. 510; Pub. L. 108–357, title II, §241(b), Oct. 22, 2004, 118 Stat. 1438; Pub. L. 110–172, §6(d)(1)(B), Dec. 29, 2007, 121 Stat. 2480.)
| "If the use occurs— | The tax is— |
|---|---|
| After September 30, 1980 and before October 1, 1981 | 4 cents a gallon |
| After September 30, 1981 and before October 1, 1983 | 6 cents a gallon |
| After September 30, 1983 and before October 1, 1985 | 8 cents a gallon |
| After September 30, 1985 | 10 cents a gallon". |
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