Pub. L. 117-58, div. H, tit. II, sec. 80201 (as amended)
EXTENSION AND MODIFICATION OF CERTAIN SUPERFUND EXCISE TAXES.
SEC. 80201. EXTENSION AND MODIFICATION OF CERTAIN SUPERFUND EXCISE TAXES.
(a) Extension.—
(1) In general.—Section 4661(c) of the Internal Revenue Code of 1986 is amended to read as follows:
“(c) Termination.—No tax shall be imposed by this section after December 31, 2031.”
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(2) Imported substances.—Section 4671(e) of the Internal Revenue Code of 1986 is amended to read as follows:
“(e) Termination.—No tax shall be imposed by this section after December 31, 2031.”
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(b) Modification of Rates.—
(1) [26 U.S.C. 4661] In general.—Section 4661(b) of the Internal Revenue Code of 1986 is amended to read as follows:
“(b) Amount of Tax.—The amount of tax imposed by subsection (a) shall be determined in accordance with the following table:“In the case of:The tax is the following
amount per ton:Acetylene$9.74  Benzene9.74  Butane9.74  Butylene9.74  Butadiene9.74  Ethylene9.74  Methane6.88  Napthalene9.74  Propylene9.74  Toluene9.74  Xylene9.74  Ammonia5.28  Antimony8.90  Antimony trioxide7.50  Arsenic8.90  Arsenic trioxide6.82  Barium sulfide4.60  Bromine8.90  Cadmium8.90  Chlorine5.40  Chromium8.90  Chromite3.04  Potassium dichromate3.38  Sodium dichromate3.74  Cobalt8.90  Cupric sulfate3.74  Cupric oxide7.18  Cuprous oxide7.94  Hydrochloric acid0.58  Hydrogen fluoride8.46  Lead oxide8.28  Mercury8.90  Nickel8.90  Phosphorus8.90  Stannous chloride5.70  Stannic chloride4.24  Zinc chloride4.44  Zinc sulfate3.80  Potassium hydroxide0.44  Sodium hydroxide0.56  Sulfuric acid0.52  Nitric acid0.48.”
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(2) [26 U.S.C. 4671] Rate on taxable substances where importer does not furnish information to the secretary.—Section 4671(b)(2) of such Code is amended by striking “5 percent” and inserting “10 percent”.
(c) Rules Relating to Taxable Substances.—
(1) Modification of determination of taxable substances.—Section 4672(a)(2)(B) of the Internal Revenue Code of 1986 is amended by striking “50 percent” each place it appears and inserting “20 percent”.
(2) [26 U.S.C. 4672 note] Presumption as a taxable substance for prior determinations.—Except as otherwise determined by the Secretary of the Treasury (or the Secretary’s delegate), any substance which was determined to be a taxable substance by reason of section 4672(a)(2) of the Internal Revenue Code of 1986 prior to the date of enactment of this Act shall continue to be treated as a taxable substance for purposes of such section after such date.
(3) [26 U.S.C. 4672 note] Publication of initial list.—Not later than January 1, 2022, the Secretary of the Treasury (or the Secretary’s delegate) shall publish an initial list of taxable substances under section 4672(a) of the Internal Revenue Code of 1986.
(d) [26 U.S.C. 4661 note] Effective Date.—The amendments made by this section shall take effect on July 1, 2022.
- Cross-references to the US Code
- 26 U.S.C. 466126 U.S.C. 467126 U.S.C. 4672 note26 U.S.C. 4661 note