Title 26, Internal Revenue CodeRelease 119-110

§4064 Gas Guzzler Tax

Title 26 › Subtitle D — Miscellaneous Excise Taxes › CHAPTER 32 — MANUFACTURERS EXCISE TAXES › Subchapter A — Automotive and Related Items › PART I — GAS GUZZLERS › § 4064

Last updated Sep 23, 2026|Official source

Summary

Manufacturers must pay a tax when they sell a new car. The tax depends on the car’s fuel economy (miles per gallon). If a model gets at least 22.5 mpg the tax is $0. At least 21.5 but less than 22.5 mpg: $1,000. At least 20.5 but less than 21.5: $1,300. At least 19.5 but less than 20.5: $1,700. At least 18.5 but less than 19.5: $2,100. At least 17.5 but less than 18.5: $2,600. At least 16.5 but less than 17.5: $3,000. At least 15.5 but less than 16.5: $3,700. At least 14.5 but less than 15.5: $4,500. At least 13.5 but less than 14.5: $5,400. At least 12.5 but less than 13.5: $6,400. Less than 12.5 mpg: $7,700. The rule covers 4-wheeled fuel-powered vehicles made mainly for public roads that are rated at 6,000 pounds unloaded gross vehicle weight or less. It does not apply to certain nonpassenger vehicles under earlier DOT rules or to some emergency vehicles (like ambulances or police cars). Definitions and how fuel economy is measured: Automobile — a 4-wheel fuel-powered vehicle for public roads, with the weight limit above and certain exceptions. Fuel economy — miles per gallon as measured by the EPA. Model type — the class of car set by EPA rules. Model year — the maker’s annual production period that includes January 1 (or the calendar year if none). Manufacturer — a producer or importer; anyone who lengthens a car is treated as the maker. EPA Administrator — head of the Environmental Protection Agency. Fuel — gasoline and diesel (other petroleum or gas products can be added by rule after DOT consultation). The EPA sets the testing and math used to find mpg, generally using the 1975 test mix (55% city, 45% highway) or similar methods, tries to test with emissions checks when possible, reports results to the Secretary, decides fuel equivalents, and must issue test rules at least 12 months before the model year they apply to.

Full Legal Text

Title 26, §4064

Internal Revenue Code, Source: USLM XML via OLRC

(a)Imposition of tax
There is hereby imposed on the sale by the manufacturer of each automobile a tax determined in accordance with the following table:
If the fuel economy of the model type in which the automobile falls is: | The tax is:
At least 22.5 | $0
At least 21.5 but less than 22.5 | 1,000
At least 20.5 but less than 21.5 | 1,300
At least 19.5 but less than 20.5 | 1,700
At least 18.5 but less than 19.5 | 2,100
At least 17.5 but less than 18.5 | 2,600
At least 16.5 but less than 17.5 | 3,000
At least 15.5 but less than 16.5 | 3,700
At least 14.5 but less than 15.5 | 4,500
At least 13.5 but less than 14.5 | 5,400
At least 12.5 but less than 13.5 | 6,400
Less than 12.5 | 7,700.
(b)Definitions
For purposes of this section
(1) Automobile
(2)Fuel economy
The term “fuel economy” means the average number of miles traveled by an automobile per gallon of gasoline (or equivalent amount of other fuel) consumed, as determined by the EPA Administrator in accordance with procedures established under subsection (c).
(3)Model type
The term “model type” means a particular class of automobile as determined by regulation by the EPA Administrator.
(4)Model year
The term “model year”, with reference to any specific calendar year, means a manufacturer’s annual production period (as determined by the EPA Administrator) which includes January 1 of such calendar year. If a manufacturer has no annual production period, the term “model year” means the calendar year.
(5)Manufacturer
(A)In general
The term “manufacturer” includes a producer or importer.
(B)Lengthening treated as manufacture
For purposes of this section, subchapter G of this chapter, and section 6416(b)(3), the lengthening of an automobile by any person shall be treated as the manufacture of an automobile by such person.
(6)EPA Administrator (7) Fuel
The term “EPA Administrator” means the Administrator of the Environmental Protection Agency.
(c)Determination of fuel economy
For purposes of this section
(1) In general
(2)Special rule for fuels other than gasoline
The EPA Administrator shall by regulation determine that quantity of any other fuel which is the equivalent of one gallon of gasoline.
(3)Time by which regulations must be issued
Testing and calculation procedures applicable to a model year, and any amendment to such procedures (other than a technical or clerical amendment), shall be promulgated not less than 12 months before the model year to which such procedures apply.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsec. (b)(1)(B), is Nov. 9, 1978. section 206 of the Clean Air Act, referred to in subsec. (c)(1), is section 206 of act July 14, 1955, ch. 360, title II, as added Dec. 31, 1970, Pub. L. 91–604, § 8(a), 84 Stat. 1694, which is classified to section 7525 of Title 42, The Public Health and Welfare.

Amendments

2005—Subsec. (b)(1)(A). Pub. L. 109–59 struck out concluding provisions which read as follows: “In the case of a limousine, the preceding sentence shall be applied without regard to clause (ii).” 1994—Subsec. (b)(1)(B). Pub. L. 103–272 substituted “section 32901 of title 49, United States Code,” for “section 501 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2001)”. 1990—Subsec. (a). Pub. L. 101–508, § 11216(a), amended subsec. (a) generally, substituting present provisions for provisions which set forth gas guzzler tax tables in the case of automobiles built in each of the model years 1980 through 1986 and later. Subsec. (b)(1)(A). Pub. L. 101–508, § 11216(b), inserted at end “In the case of a limousine, the preceding sentence shall be applied without regard to clause (ii).” Subsec. (b)(5)(B). Pub. L. 101–508, § 11216(c), substituted heading for one which read: “Exception for certain small manufacturers” and amended text generally. Prior to amendment, text read as follows: “A person shall not be treated as the manufacturer of any automobile if— “(i) such person would (but for this subparagraph) be so treated solely by reason of lengthening an existing automobile, and “(ii) such person is a small manufacturer (as defined in subsection (d)(4)) for the model year in which such lengthening occurs.” Subsec. (d). Pub. L. 101–508, § 11216(d), struck out subsec. (d) which prescribed special rules for small manufacturers. 1986—Subsec. (b)(1)(A)(ii). Pub. L. 99–514, § 1812(e)(1)(B)(i), substituted “unloaded gross vehicle weight” for “gross vehicle weight”. Subsec. (b)(5). Pub. L. 99–514, § 1812(e)(1)(B)(ii), amended par. (5) generally, designating existing provisions as subpar. (A), adding subpar. (A) heading, and adding subpar. (B).

Statutory Notes and Related Subsidiaries

Effective Date

of 2005 Amendment Pub. L. 109–59, title XI, § 11111(b), Aug. 10, 2005, 119 Stat. 1946, provided that: “The amendment made by this section [amending this section] shall take effect on October 1, 2005.”

Effective Date

of 1990 Amendment Pub. L. 101–508, title XI, § 11216(e), Nov. 5, 1990, 104 Stat. 1388–437, provided that: “(1) Subsections (a) and (b).—The

Amendments

made by subsections (a) and (b) [amending this section] shall apply to sales after December 31, 1990. “(2) Subsection (c).—The

Amendments

made by subsection (c) [amending this section] shall take effect on January 1, 1991. “(3) Subsection (d).—The amendment made by subsection (d) [amending this section] shall take effect on the date of the enactment of this section [Nov. 5, 1990].”

Effective Date

of 1986 Amendment Pub. L. 99–514, title XVIII, § 1812(e)(1)(B)(iii), Oct. 22, 1986, 100 Stat. 2837, provided that: “The

Amendments

made by clauses (i) and (ii) [amending this section] shall take effect as if included in the

Amendments

made by section 201 of Public Law 95–618 [see

Effective Date

note below]; except that the amendment made by clause (i) shall not apply to any station wagon if— “(I) such station wagon is originally equipped with more than 6 seat belts, “(II) such station wagon was manufactured before November 1, 1985, and “(III) such station wagon is of the 1985 or 1986 model year.”

Effective Date

Pub. L. 95–618, title II, § 201(g), Nov. 9, 1978, 92 Stat. 3184, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: “The

Amendments

made by this section [enacting this section and amending section 1016, 4217, 4221, 4222, 4293, and 6416 of this title] shall apply with respect to 1980 and later model year automobiles (as defined in section 4064(b) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]).” Plan

Amendments

Not Required Until January 1, 1989For provisions directing that if any

Amendments

made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of this title.

Reference

Citations & Metadata

Citation

26 U.S.C. § 4064

Title 26, Internal Revenue Code

Last Updated

Sep 23, 2026

Release point: 119-110