{"identifier":"/us/usc/t26/s4612","title":26,"num":"\u00a7\u202f4612.","heading":"Definitions and special rules","text":"\u00a7\u202f4612.\nDefinitions and special rules\n(a)\nDefinitions\nFor purposes of this subchapter\u2014\n(1)\nCrude oil\nThe term \u201ccrude oil\u201d includes crude oil condensates and natural gasoline.\n(2)\nDomestic crude oil\nThe term \u201cdomestic crude oil\u201d means any crude oil produced from a well located in the United States.\n(3)\nPetroleum product\nThe term \u201cpetroleum product\u201d includes crude oil.\n(4)\nUnited States\n(A)\nIn general\nThe term \u201cUnited States\u201d means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, any possession of the United States, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.\n(B)\nUnited States includes continental shelf areas\nThe principles of section 638 shall apply for purposes of the term \u201cUnited States\u201d.\n(C)\nUnited States includes foreign trade zones\nThe term \u201cUnited States\u201d includes any foreign trade zone of the United States.\n(5)\nUnited States refinery\nThe term \u201cUnited States refinery\u201d means any facility in the United States at which crude oil is refined.\n(6)\nRefineries which produce natural gasoline\nIn the case of any United States refinery which produces natural gasoline from natural gas, the gasoline so produced shall be treated as received at such refinery at the time so produced.\n(7)\nPremises\nThe term \u201cpremises\u201d has the same meaning as when used for purposes of determining gross income from the property under section 613.\n(8)\nBarrel\nThe term \u201cbarrel\u201d means 42 United States gallons.\n(9)\nFractional part of barrel\nIn the case of a fraction of a barrel, the tax imposed by section 4611 shall be the same fraction of the amount of such tax imposed on a whole barrel.\n(b)\nOnly 1 tax imposed with respect to any product\nNo tax shall be imposed by section 4611 with respect to any petroleum product if the person who would be liable for such tax establishes that a prior tax imposed by such section has been imposed with respect to such product.\n(c)\nCredit where crude oil returned to pipeline\nUnder regulations prescribed by the Secretary, if an operator of a United States refinery\u2014\n(1) removes crude oil from a pipeline, and\n(2) returns a portion of such crude oil into a stream of other crude oil in the same pipeline,\nthere shall be allowed as a credit against the tax imposed by section 4611 to such operator an amount equal to the product of the rate of tax imposed by section 4611 on the crude oil so removed by such operator and the number of barrels of crude oil returned by such operator to such pipeline. Any crude oil so returned shall be treated for purposes of this subchapter as crude oil on which no tax has been imposed by section 4611.\n(d)\nCredit against portion of tax attributable to oil spill rate\nThere shall be allowed as a credit against so much of the tax imposed by section 4611 as is attributable to the Oil Spill Liability Trust Fund financing rate for any period an amount equal to the excess of\u2014\n(1) the sum of\u2014\n(A) the aggregate amounts paid by the taxpayer before\nJanuary 1, 1987\n(B) the interest accrued on such amounts before such date, over\n(2) the amount of such payments taken into account under this subsection for all prior periods.\nThe preceding sentence shall also apply to amounts paid by the taxpayer into the Trans-Alaska Pipeline Liability Fund to the extent of amounts transferred from such Fund into the Oil Spill Liability Trust Fund. For purposes of this subsection, all taxpayers which would be members of the same affiliated group (as defined in section 1504(a)) if section 1504(a)(2) were applied by substituting \u201c100 percent\u201d for \u201c80 percent\u201d shall be treated as 1 taxpayer.\n(e)\nIncome tax credit for unused payments into Trans-Alaska Pipeline Liability Fund\n(1)\nIn general\nFor purposes of section 38, the current year business credit shall include the credit determined under this subsection.\n(2)\nDetermination of credit\n(A)\nIn general\nThe credit determined under this subsection for any taxable year is an amount equal to the aggregate credit which would be allowed to the taxpayer under subsection (d) for amounts paid into the Trans-Alaska Pipeline Liability Fund had the Oil Spill Liability Trust Fund financing rate not ceased to apply.\n(B)\nLimitation\n(i)\nIn general\nThe amount of the credit determined under this subsection for any taxable year with respect to any taxpayer shall not exceed the excess of\u2014\n(I) the amount determined under clause (ii), over\n(II) the aggregate amount of the credit determined under this subsection for prior taxable years with respect to such taxpayer.\n(ii)\nOverall limitation\nThe amount determined under this clause with respect to any taxpayer is the excess of\u2014\n(I) the aggregate amount of credit which would have been allowed under subsection (d) to the taxpayer for periods before the termination date specified in section 4611(f)(1), if amounts in the Trans-Alaska Pipeline Liability Fund which are actually transferred into the Oil Spill Liability Fund were transferred on\nJanuary 1, 1990\n(II) the aggregate amount of the credit allowed under subsection (d) to the taxpayer.\n(3)\nCost of income tax credit borne by Trust Fund\n(A)\nIn general\nThe Secretary shall from time to time transfer from the Oil Spill Liability Trust Fund to the general fund of the Treasury amounts equal to the credits allowed by reason of this subsection.\n(B)\nTrust Fund balance may not be reduced below $1,000,000,000\nTransfers may be made under subparagraph (A) only to the extent that the unobligated balance of the Oil Spill Liability Trust Fund exceeds $1,000,000,000. If any transfer is not made by reason of the preceding sentence, such transfer shall be made as soon as permitted under such sentence.\n(4)\nNo carryback\nNo portion of the unused business credit for any taxable year which is attributable to the credit determined under this subsection may be carried to a taxable year beginning on or before the date of the enactment of this paragraph.\n(f)\nDisposition of revenues from Puerto Rico and the Virgin Islands\nThe provisions of subsections (a)(3) and (b)(3) of section 7652 shall not apply to any tax imposed by section 4611.","url":"https://projectusc.org/usc/t26/s4612.html","content":[{"t":"sec","id":"/us/usc/t26/s4612","children":[{"t":"num","text":"\u00a7\u202f4612."},{"t":"heading","text":"Definitions and special rules"},{"t":"subsec","id":"/us/usc/t26/s4612/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"For purposes of this subchapter\u2014"},{"t":"para","id":"/us/usc/t26/s4612/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Crude oil"},{"t":"content","children":[{"t":"p","text":"The term \u201ccrude oil\u201d includes crude oil condensates and natural gasoline.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s4612/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Domestic crude oil"},{"t":"content","children":[{"t":"p","text":"The term \u201cdomestic crude oil\u201d means any crude oil produced from a well located in the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s4612/a/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Petroleum product"},{"t":"content","children":[{"t":"p","text":"The term \u201cpetroleum product\u201d includes crude oil.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s4612/a/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"United States"},{"t":"subpara","id":"/us/usc/t26/s4612/a/4/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The term \u201cUnited States\u201d means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, any possession of the United States, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t26/s4612/a/4/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"United States includes continental shelf areas"},{"t":"content","children":[{"t":"p","text":"The principles of section 638 shall apply for purposes of the term \u201cUnited States\u201d.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t26/s4612/a/4/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"United States includes foreign trade zones"},{"t":"content","children":[{"t":"p","text":"The term \u201cUnited States\u201d includes any foreign trade zone of the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s4612/a/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"United States refinery"},{"t":"content","children":[{"t":"p","text":"The term \u201cUnited States refinery\u201d means any facility in the United States at which crude oil is refined.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s4612/a/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Refineries which produce natural gasoline"},{"t":"content","children":[{"t":"p","text":"In the case of any United States refinery which produces natural gasoline from natural gas, the gasoline so produced shall be treated as received at such refinery at the time so produced.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s4612/a/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Premises"},{"t":"content","children":[{"t":"p","text":"The term \u201cpremises\u201d has the same meaning as when used for purposes of determining gross income from the property under section 613.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s4612/a/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Barrel"},{"t":"content","children":[{"t":"p","text":"The term \u201cbarrel\u201d means 42 United States gallons.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s4612/a/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Fractional part of barrel"},{"t":"content","children":[{"t":"p","text":"In the case of a fraction of a barrel, the tax imposed by section 4611 shall be the same fraction of the amount of such tax imposed on a whole barrel.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t26/s4612/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Only 1 tax imposed with respect to any product"},{"t":"content","children":[{"t":"p","text":"No tax shall be imposed by section 4611 with respect to any petroleum product if the person who would be liable for such tax establishes that a prior tax imposed by such section has been imposed with respect to such product.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t26/s4612/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Credit where crude oil returned to pipeline"},{"t":"chapeau","text":"Under regulations prescribed by the Secretary, if an operator of a United States refinery\u2014"},{"t":"para","id":"/us/usc/t26/s4612/c/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" removes crude oil from a pipeline, and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s4612/c/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" returns a portion of such crude oil into a stream of other crude oil in the same pipeline,","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"there shall be allowed as a credit against the tax imposed by section 4611 to such operator an amount equal to the product of the rate of tax imposed by section 4611 on the crude oil so removed by such operator and the number of barrels of crude oil returned by such operator to such pipeline. Any crude oil so returned shall be treated for purposes of this subchapter as crude oil on which no tax has been imposed by section 4611.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t26/s4612/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Credit against portion of tax attributable to oil spill rate"},{"t":"chapeau","text":"There shall be allowed as a credit against so much of the tax imposed by section 4611 as is attributable to the Oil Spill Liability Trust Fund financing rate for any period an amount equal to the excess of\u2014"},{"t":"para","id":"/us/usc/t26/s4612/d/1","children":[{"t":"num","text":"(1)"},{"t":"chapeau","text":" the sum of\u2014"},{"t":"subpara","id":"/us/usc/t26/s4612/d/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the aggregate amounts paid by the taxpayer before ","children":[{"t":"text","text":"January 1, 1987","tail":", into the Deepwater Port Liability Trust Fund and the Offshore Oil Pollution Compensation Fund, and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t26/s4612/d/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the interest accrued on such amounts before such date, over","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s4612/d/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the amount of such payments taken into account under this subsection for all prior periods.","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"The preceding sentence shall also apply to amounts paid by the taxpayer into the Trans-Alaska Pipeline Liability Fund to the extent of amounts transferred from such Fund into the Oil Spill Liability Trust Fund. For purposes of this subsection, all taxpayers which would be members of the same affiliated group (as defined in section 1504(a)) if section 1504(a)(2) were applied by substituting \u201c100 percent\u201d for \u201c80 percent\u201d shall be treated as 1 taxpayer.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t26/s4612/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Income tax credit for unused payments into Trans-Alaska Pipeline Liability Fund"},{"t":"para","id":"/us/usc/t26/s4612/e/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"For purposes of section 38, the current year business credit shall include the credit determined under this subsection.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s4612/e/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Determination of credit"},{"t":"subpara","id":"/us/usc/t26/s4612/e/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The credit determined under this subsection for any taxable year is an amount equal to the aggregate credit which would be allowed to the taxpayer under subsection (d) for amounts paid into the Trans-Alaska Pipeline Liability Fund had the Oil Spill Liability Trust Fund financing rate not ceased to apply.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t26/s4612/e/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Limitation"},{"t":"clause","id":"/us/usc/t26/s4612/e/2/B/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"The amount of the credit determined under this subsection for any taxable year with respect to any taxpayer shall not exceed the excess of\u2014"},{"t":"subclause","id":"/us/usc/t26/s4612/e/2/B/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" the amount determined under clause (ii), over","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t26/s4612/e/2/B/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" the aggregate amount of the credit determined under this subsection for prior taxable years with respect to such taxpayer.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t26/s4612/e/2/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Overall limitation"},{"t":"chapeau","text":"The amount determined under this clause with respect to any taxpayer is the excess of\u2014"},{"t":"subclause","id":"/us/usc/t26/s4612/e/2/B/ii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" the aggregate amount of credit which would have been allowed under subsection (d) to the taxpayer for periods before the termination date specified in section 4611(f)(1), if amounts in the Trans-Alaska Pipeline Liability Fund which are actually transferred into the Oil Spill Liability Fund were transferred on ","children":[{"t":"text","text":"January 1, 1990","tail":", and the Oil Spill Liability Trust Fund financing rate did not terminate before such termination date, over"}],"tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t26/s4612/e/2/B/ii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" the aggregate amount of the credit allowed under subsection (d) to the taxpayer.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s4612/e/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Cost of income tax credit borne by Trust Fund"},{"t":"subpara","id":"/us/usc/t26/s4612/e/3/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The Secretary shall from time to time transfer from the Oil Spill Liability Trust Fund to the general fund of the Treasury amounts equal to the credits allowed by reason of this subsection.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t26/s4612/e/3/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Trust Fund balance may not be reduced below $1,000,000,000"},{"t":"content","children":[{"t":"p","text":"Transfers may be made under subparagraph (A) only to the extent that the unobligated balance of the Oil Spill Liability Trust Fund exceeds $1,000,000,000. If any transfer is not made by reason of the preceding sentence, such transfer shall be made as soon as permitted under such sentence.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t26/s4612/e/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"No carryback"},{"t":"content","children":[{"t":"p","text":"No portion of the unused business credit for any taxable year which is attributable to the credit determined under this subsection may be carried to a taxable year beginning on or before the date of the enactment of this paragraph.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t26/s4612/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Disposition of revenues from Puerto Rico and the Virgin Islands"},{"t":"content","children":[{"t":"p","text":"The provisions of subsections (a)(3) and (b)(3) of section 7652 shall not apply to any tax imposed by section 4611.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}