Title 26, Internal Revenue CodeRelease 119-110

§4612 Definitions and Special Rules

Title 26 › Subtitle D — Miscellaneous Excise Taxes › CHAPTER 38 — ENVIRONMENTAL TAXES › Subchapter A — Tax on Petroleum › § 4612

Last updated Sep 22, 2026|Official source

Summary

Sets rules and meanings for a tax on petroleum products and how some tax credits work. "Crude oil" includes condensates and natural gasoline. "Domestic crude oil" is oil from a U.S. well. "Petroleum product" includes crude oil. "United States" means the 50 States, the District of Columbia, Puerto Rico, U.S. possessions, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and U.S. foreign trade zones (and continental shelf rules apply). A "United States refinery" is any U.S. facility that refines crude. Natural gasoline made from natural gas at a refinery is treated as received there when made. "Premises" is used as in the tax rule about property income. A "barrel" is 42 U.S. gallons, and a partial barrel is taxed in the same fraction as a full barrel. Only one tax can apply to the same petroleum product if an earlier tax was already paid. A refinery operator who takes crude from a pipeline and later puts some back can get a tax credit equal to the tax rate times the barrels returned; oil put back is treated as untaxed. Taxpayers can get credits for prior payments made before January 1, 1987, into certain oil liability funds (and for some Trans‑Alaska Pipeline payments if transferred into the Oil Spill Liability Trust Fund), with affiliated companies treated as one taxpayer. There is also an income tax credit for unused Trans‑Alaska Pipeline payments, subject to limits based on what would have been allowed earlier. The Treasury will pay the cost of those credits from the Oil Spill Liability Trust Fund, but transfers cannot reduce that fund below $1,000,000,000. Unused credit amounts cannot be carried back to tax years on or before the enactment date. Rules in another law about Puerto Rico and the Virgin Islands do not apply to this tax.

Full Legal Text

Title 26, §4612

Internal Revenue Code, Source: USLM XML via OLRC

(a)Definitions
For purposes of this subchapter—
(1)Crude oil
The term “crude oil” includes crude oil condensates and natural gasoline.
(2)Domestic crude oil
The term “domestic crude oil” means any crude oil produced from a well located in the United States.
(3)Petroleum product
The term “petroleum product” includes crude oil.
(4)United States
(A)In general
The term “United States” 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.
(B)United States includes continental shelf areas
The principles of section 638 shall apply for purposes of the term “United States”.
(C)United States includes foreign trade zones
The term “United States” includes any foreign trade zone of the United States.
(5)United States refinery
The term “United States refinery” means any facility in the United States at which crude oil is refined.
(6)Refineries which produce natural gasoline
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.
(7)Premises
The term “premises” has the same meaning as when used for purposes of determining gross income from the property under section 613.
(8)Barrel
The term “barrel” means 42 United States gallons.
(9)Fractional part of barrel
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.
(b)Only 1 tax imposed with respect to any product
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.
(c)Credit where crude oil returned to pipeline
Under regulations prescribed by the Secretary, if an operator of a United States refinery—
(1)removes crude oil from a pipeline, and
(2)returns a portion of such crude oil into a stream of other crude oil in the same pipeline,
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.
(d)Credit against portion of tax attributable to oil spill rate
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— (1)
(2)the amount of such payments taken into account under this subsection for all prior periods.
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 “100 percent” for “80 percent” shall be treated as 1 taxpayer.
(e)Income tax credit for unused payments into Trans-Alaska Pipeline Liability Fund
(1)In general
For purposes of section 38, the current year business credit shall include the credit determined under this subsection.
(2)Determination of credit
(A)In general
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.
(B)Limitation
(i)In general
The amount of the credit determined under this subsection for any taxable year with respect to any taxpayer shall not exceed the excess of— (I)
(II)the aggregate amount of the credit determined under this subsection for prior taxable years with respect to such taxpayer.
(ii)Overall limitation
The amount determined under this clause with respect to any taxpayer is the excess of— (I)
(II)the aggregate amount of the credit allowed under subsection (d) to the taxpayer.
(3)Cost of income tax credit borne by Trust Fund
(A)In general
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.
(B)Trust Fund balance may not be reduced below $1,000,000,000
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.
(4)No carryback
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.
(f)Disposition of revenues from Puerto Rico and the Virgin Islands
The provisions of subsections (a)(3) and (b)(3) of section 7652 shall not apply to any tax imposed by section 4611.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of the enactment of this paragraph, referred to in subsec. (e)(4), is the date of the enactment of Pub. L. 102–486, which was approved Oct. 24, 1992. Codification

Amendments

by Pub. L. 99–509, title VIII, § 8031(c), Oct. 21, 1986, 100 Stat. 1955, to subsecs. (c) and (d) of this section were not executed to text pursuant to Pub. L. 99–509, title VIII, § 8031(e)(2), which provided that the

Amendments

made by section 8031 shall not take effect if the Superfund

Amendments

and Reauthorization Act of 1986 is enacted. The Superfund

Amendments

and Reauthorization Act of 1986 was enacted as Pub. L. 99–499, approved Oct. 17, 1986.

Amendments

2018—Subsec. (e)(2)(B)(ii)(I). Pub. L. 115–141 substituted “were transferred” for “were tranferred”. 1992—Subsecs. (e), (f). Pub. L. 102–486 added subsec. (e) and redesignated former subsec. (e) as (f). 1990—Subsec. (d). Pub. L. 101–380 substituted at end “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 ‘100 percent’ for ‘80 percent’ shall be treated as 1 taxpayer.” for “Amounts may be transferred from the Trans-Alaska Pipeline Liability Fund into the Oil Spill Liability Trust Fund only to the extent the administrators of the Trans-Alaska Pipeline Liability Fund determine that such amounts are not needed to satisfy claims against such Fund.” 1989—Subsec. (d). Pub. L. 101–239 inserted at end “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. Amounts may be transferred from the Trans-Alaska Pipeline Liability Fund into the Oil Spill Liability Trust Fund only to the extent the administrators of the Trans-Alaska Pipeline Liability Fund determine that such amounts are not needed to satisfy claims against such Fund.” 1986—Subsec. (c). Pub. L. 99–499 added subsec. (c) and redesignated former subsec. (c) as (d). Subsec. (d). Pub. L. 99–509 added subsec. (d) and redesignated former subsec. (d) as (e). Pub. L. 99–499 redesignated former subsec. (c) as (d). Subsec. (e). Pub. L. 99–509 redesignated former subsec. (d) as (e).

Statutory Notes and Related Subsidiaries

Effective Date

of 1992 Amendment Pub. L. 102–486, title XIX, § 1922(b), Oct. 24, 1992, 106 Stat. 3029, provided that: “The

Amendments

made by this section [amending this section] shall apply to taxable years beginning after the date of the enactment of this Act [Oct. 24, 1992].”

Effective Date

of 1990 AmendmentAmendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an

Effective Date

note under section 2701 of Title 33, Navigation and Navigable Waters.

Effective Date

of 1986

Amendments

Amendment by Pub. L. 99–509 effective on commencement date as defined in section 4611(f)(2), see section 8032(d) of Pub. L. 99–509, set out as a note under section 4611 of this title. Amendment by Pub. L. 99–499 effective Jan. 1, 1987, see section 512(d) of Pub. L. 99–499, set out as a note under section 4611 of this title.

Executive Documents

Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

Reference

Citations & Metadata

Citation

26 U.S.C. § 4612

Title 26, Internal Revenue Code

Last Updated

Sep 22, 2026

Release point: 119-110