§ 6412. Floor stocks refunds
3,749 words·~17 min read·
/usc/title-26/section-6412A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In general
(1)Tires and taxable fuel Where before October 1, 2028, any article subject to the tax imposed by section 4071 or 4081 has been sold by the manufacturer, producer, or importer and on such date 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 manufacturer, producer, or importer an amount equal to the difference between the tax paid by such manufacturer, producer, or importer on his sale of the article and the amount of tax made applicable to such article on and after October 1, 2028, if claim for such credit or refund is filed with the Secretary on or before March 31, 2029, based upon a request submitted to the manufacturer, producer, or importer before January 1, 2029, by the dealer who held the article in respect of which the credit or refund is claimed, and, on or before March 31, 2029, reimbursement has been made to such dealer by such manufacturer, producer, or importer for the tax reduction on such article or written consent has been obtained from such dealer to allowance of such credit or refund. No credit or refund shall be allowable under this paragraph with respect to taxable fuel in retail stocks held at the place where intended to be sold at retail, nor with respect to taxable fuel held for sale by a producer or importer of taxable fuel.
(2)Definitions For purposes of this section—
(A)The term “dealer” includes a wholesaler, jobber, distributor, or retailer.
(B)An article shall be considered as “held by a dealer” if title thereto has passed to such dealer (whether or not delivery to him has been made), and if for purposes of consumption title to such article or possession thereof has not at any time been transferred to any person other than a dealer.
(b)Limitation on eligibility for credit or refund No manufacturer, producer, or importer shall be entitled to credit or refund under subsection
(a)unless he has in his possession such evidence of the inventories with respect to which the credit or refund is claimed as may be required by regulations prescribed under this section.
(c)Other laws applicable All provisions of law, including penalties, applicable in respect of the taxes imposed by sections 4071 and 4081 shall, insofar as applicable and not inconsistent with subsections
(a)and
(b)of this section, apply in respect of the credits and refunds provided for in subsection
(a)to the same extent as if such credits or refunds constituted overpayments of such taxes.
(Aug. 16, 1954, ch. 736, 68A Stat. 795; Mar. 30, 1955, ch. 18, § 3(b)(4), 69 Stat. 15; Mar. 29, 1956, ch. 115, § 3(b)(4), 70 Stat. 67; May 29, 1956, ch. 342, § 19, 70 Stat. 221; June 29, 1956, ch. 462, title II, § 208(a), 70 Stat. 392; Pub. L. 85–12, § 3(b)(4), Mar. 29, 1957, 71 Stat. 10; Pub. L. 85–475, § 3(b)(4), June 30, 1958, 72 Stat. 260; Pub. L. 85–859, title I, § 162(a), Sept. 2, 1958, 72 Stat. 1306; Pub. L. 86–75, § 3(b)(3), June 30, 1959, 73 Stat. 158; Pub. L. 86–342, title II, § 201(c)(4), Sept. 21, 1959, 73 Stat. 614;
Pub. L. 86–564, title II, § 202(b)(3), June 30, 1960, 74 Stat. 291; Pub. L. 86–592, § 2, July 6, 1960, 74 Stat. 330; Pub. L. 87–15, § 2(b), Mar. 31, 1961, 75 Stat. 40; Pub. L. 87–61, title II, § 206 (c), (d), June 29, 1961, 75 Stat. 127; Pub. L. 87–72, § 3(b)(3), June 30, 1961, 75 Stat. 193; Pub. L. 87–456, title III, § 302(d), May 24, 1962, 76 Stat. 77; Pub. L. 87–508, § 3(b)(3), June 28, 1962, 76 Stat. 114; Pub. L. 87–535, § 18(b), July 13, 1962, 76 Stat. 166; Pub. L. 88–52, § 3(b)(1)(C), June 29, 1963, 77 Stat. 72;
Pub. L. 88–348, § 2(b)(1)(C), June 30, 1964, 78 Stat. 237; Pub. L. 89–44, title II, § 209(a), (d), June 21, 1965, 79 Stat. 141, 144; Pub. L. 89–368, title II, § 201(b), Mar. 15, 1966, 80 Stat. 66; Pub. L. 90–285, § 1(a)(2), Apr. 12, 1968, 82 Stat. 92; Pub. L. 90–364, title I, § 105(a)(2), June 28, 1968, 82 Stat. 265; Pub. L. 91–172, title VII, § 702(a)(2), Dec. 30, 1969, 83 Stat. 660; Pub. L. 91–605, title III, § 303(b), Dec. 31, 1970, 84 Stat. 1744; Pub. L. 91–614, title II, § 201(a)(2), Dec. 31, 1970, 84 Stat. 1843;
Pub. L. 92–178, title IV, § 401(g)(5), Dec. 10, 1971, 85 Stat. 533; Pub. L. 94–280, title III, § 303(b), May 5, 1976, 90 Stat. 457; Pub. L. 94–455, title XIX, § 1906(a)(22), (b)(13)(A), Oct. 4, 1976, 90 Stat. 1826, 1834; Pub. L. 95–599, title V, § 502(c), Nov. 6, 1978, 92 Stat. 2757; Pub. L. 95–618, title II, § 231(f)(1), Nov. 9, 1978, 92 Stat. 3189; Pub. L. 97–424, title V, § 516(a)(5), Jan. 6, 1983, 96 Stat. 2183; Pub. L. 98–369, div. A, title VII, § 735(c)(12), July 18, 1984, 98 Stat. 983;
Pub. L. 100–17, title V, § 502(d)(1), Apr. 2, 1987, 101 Stat. 257; Pub. L. 101–508, title XI, § 11211(f)(1), Nov. 5, 1990, 104 Stat. 1388–427; Pub. L. 102–240, title VIII, § 8002(c)(1), Dec. 18, 1991, 105 Stat. 2203; Pub. L. 103–66, title XIII, § 13242(d)(16), Aug. 10, 1993, 107 Stat. 524; Pub. L. 105–178, title IX, § 9002(a)(2)(A), June 9, 1998, 112 Stat. 499; Pub. L. 109–59, title XI, § 11101(a)(3), Aug. 10, 2005, 119 Stat. 1944; Pub. L. 112–30, title I, § 142(c), Sept. 16, 2011, 125 Stat. 356;
Pub. L. 112–102, title IV, § 402(c), Mar. 30, 2012, 126 Stat. 282; Pub. L. 112–140, title IV, § 402(b), June 29, 2012, 126 Stat. 402; Pub. L. 112–141, div. D, title I, § 40102(c), July 6, 2012, 126 Stat. 845; Pub. L. 114–94, div. C, title XXXI, § 31102(c), Dec. 4, 2015, 129 Stat. 1727; Pub. L. 117–58, div. H, title I, § 80102(c), Nov. 15, 2021, 135 Stat. 1327.)
Connections34 cite this · traces to 8
Cited by 34 sections · top 32
public-private-law
statutes-at-large
- Public Law 97–424To authorize appropriations for construction of certain highways in accordance with title 23, United States Code, for highway safety, for mass transportation in urban and rural areas, and for other purposes
- Public Law 88–578
- Public Law 86–73
- Public Law 86–564
- Public Law 85–859
- Public Law 16
- Public Law 87–72
- Public Law 457
- Public Law 88–52
- Public Law 87–508
- Public Law 87–61
- Public Law 87–531
- Public Law 89–367
- Public Law 85–463to provide for the suspension of the imposition or execution of sentence in certain cases in the Municipal Court for the District of Columbia and in the Juvenile Court of the District of Columbia”, approved June 18, 1953 (67 Stat. 65)
- Public Law 87–14
- Public Law 91–642
- Public Law 86–328to regulate the business of life insurance in the District of Columbia”, as amended
- Joint Resolution
- Public Law 102–240To develop a national intermodal surface transportation system, to authorize funds for construction of highways, for highway safety programs, and for mass transit programs, and for other purposes
- Public Law 95–599To authorize appropriations for the construction of certain highways in accordance with title 23 of the United States Code, for highway safety, for mass transportation in urban and in rural areas, and for other purposes
- Public Law 94–280To authorize appropriations for the construction of certain highways in accordance with title 23 of the United States Code, and for other purposes
- Public Law 98–369To provide for tax reform, and for deficit reduction
- Public Law 114–94To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes
- Public Law 627
- Public Law 95–618To provide tax incentives for the production and conservation of energy, and for other purposes
- Public Law 94–455To reform the tax laws of the United States
statute-compilations
Traces to 8 documents
public-private-law
167 references not yet in our index
- Aug. 16, 1954, ch. 736
- 68A Stat. 795
- Mar. 30, 1955, ch. 18, § 3(b)(4)
- 69 Stat. 15
- Mar. 29, 1956, ch. 115, § 3(b)(4)
- 70 Stat. 67
- May 29, 1956, ch. 342, § 19
- 70 Stat. 221
- June 29, 1956, ch. 462
- 70 Stat. 392
- Pub. L. 85–12, § 3(b)(4)
- 71 Stat. 10
- Pub. L. 85–475, § 3(b)(4)
- 72 Stat. 260
- Pub. L. 85–859, title I, § 162(a)
- 72 Stat. 1306
- Pub. L. 86–75, § 3(b)(3)
- 73 Stat. 158
- Pub. L. 86–342, title II, § 201(c)(4)
- 73 Stat. 614
- Pub. L. 86–564, title II, § 202(b)(3)
- 74 Stat. 291
- Pub. L. 86–592, § 2
- 74 Stat. 330
- Pub. L. 87–15, § 2(b)
- 75 Stat. 40
- Pub. L. 87–61, title II, § 206
- 75 Stat. 127
- Pub. L. 87–72, § 3(b)(3)
- 75 Stat. 193
- Pub. L. 87–456, title III, § 302(d)
- 76 Stat. 77
- Pub. L. 87–508, § 3(b)(3)
- 76 Stat. 114
- Pub. L. 87–535, § 18(b)
- 76 Stat. 166
- Pub. L. 88–52, § 3(b)(1)(C)
- 77 Stat. 72
- Pub. L. 88–348, § 2(b)(1)(C)
- 78 Stat. 237
+ 127 more
Citation graph
cites case law
§ 6412
Floor stocks refunds
Stat.×27
U.S.C.×4
Pub. L.×2
Stat. Comp.×1
ActAug. 16, 1954, ch. 736
Stat.68A Stat. 795
ActMar. 30, 1955, ch. 18, § 3(b)(4)
Stat.69 Stat. 15
Cites 175 · showing 12Cited by 34 across 4 sources