Pub. L. 116-94, div. Q, tit. I, subtit. C, sec. 133 (as amended)
EXTENSION AND CLARIFICATION OF EXCISE TAX CREDITS RELATING TO ALTERNATIVE FUELS.
SEC. 133. EXTENSION AND CLARIFICATION OF EXCISE TAX CREDITS RELATING TO ALTERNATIVE FUELS.
(a) Extension.—
(1) In general.—Sections 6426(d)(5) and 6426(e)(3) are each amended by striking “December 31, 2017” and inserting “December 31, 2020”.
(2) Outlay payments for alternative fuels.—Section 6427(e)(6)(C) is amended by striking “December 31, 2017” and inserting “December 31, 2020”.
(3) [26 U.S.C. 6426 note] Special rule.—Notwithstanding any other provision of law, in the case of any alternative fuel credit properly determined under section 6426(d) of the Internal Revenue Code of 1986 for the period beginning on January 1, 2018, and ending with the close of the last calendar quarter beginning before the date of the enactment of this Act, such credit shall be allowed, and any refund or payment attributable to such credit (including any payment under section 6427(e) of such Code) shall be made, only in such manner as the Secretary of the Treasury (or the Secretary’s delegate) shall provide. Such Secretary shall issue guidance within 30 days after the date of the enactment of this Act providing for a one-time submission of claims covering periods described in the preceding sentence. Such guidance shall provide for a 180-day period for the submission of such claims (in such manner as prescribed by such Secretary) to begin not later than 30 days after such guidance is issued. Such claims shall be paid by such Secretary not later than 60 days after receipt. If such Secretary has not paid pursuant to a claim filed under this subsection within 60 days after the date of the filing of such claim, the claim shall be paid with interest from such date determined by using the overpayment rate and method under section 6621 of such Code.
(4) [26 U.S.C. 6426 note] Effective date.—The amendments made by this subsection shall apply to fuel sold or used after December 31, 2017.
(b) Clarification of Rules Regarding Alternative Fuel Mixture Credit.—
(1) In general.—Paragraph (2) of section 6426(e) is amended by striking “mixture of alternative fuel” and inserting “mixture of alternative fuel (other than a fuel described in subparagraph (A), (C), or (F) of subsection (d)(2))”.
(2) [26 U.S.C. 6426 note] Effective date.—The amendment made by this subsection shall apply to—
(A) fuel sold or used on or after the date of the enactment of this Act, and
(B) fuel sold or used before such date of enactment, but only to the extent that claims for the credit under section 6426(e) of the Internal Revenue Code of 1986 with respect to such sale or use—
(i) have not been paid or allowed as of such date, and
(ii) were made on or after January 8, 2018.
(3) [26 U.S.C. 6426 note] No inference.—Nothing contained in this subsection or the amendments made by this subsection shall be construed to create any inference as to a change in law or guidance in effect prior to enactment of this subsection.
- Cross-references to the US Code
- 26 U.S.C. 6426 note