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26 U.S.C. § 4053 — Exemptions

Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 4053 — Exemptions

No tax shall be imposed by section 4051 on any of the following articles: (1) **Camper coaches bodies for self-propelled mobile homes** — Any article designed— (A) to be mounted or placed on automobile trucks, automobile truck chassis, or automobile chassis, and (B) to be used primarily as living quarters or camping accommodations. (2) **Feed, seed, and fertilizer equipment** — Any body primarily designed— (A) to process or prepare seed, feed, or fertilizer for use on farms, (B) to haul feed, seed, or fertilizer to and on farms, (C) to spread feed, seed, or fertilizer on farms, (D) to load or unload feed, seed, or fertilizer on farms, or (E) for any combination of the foregoing. (3) **House trailers** — Any house trailer. (4) **Ambulances, hearses, etc.** — Any ambulance, hearse, or combination ambulance-hearse. (5) **Concrete mixers** — Any article designed— (A) to be placed or mounted on an automobile truck chassis or truck trailer or semitrailer chassis, and (B) to be used to process or prepare concrete. (6) **Trash containers, etc.** — Any box, container, receptacle, bin or other similar article— (A) which is designed to be used as a trash container and is not designed for the transportation of freight other than trash, and (B) which is not designed to be permanently mounted on or permanently affixed to an automobile truck chassis or body. (7) **Rail trailers and rail vans** — Any chassis or body of a trailer or semitrailer which is designed for use both as a highway vehicle and a railroad car. For purposes of the preceding sentence, piggy-back trailer or semitrailer shall not be treated as designed for use as a railroad car. (8) **Mobile machinery** — Any vehicle which consists of a chassis— (A) to which there has been pe

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Stable record: federal_law:legal_authorities:record_usc_7e1335c396663a3c7860eb9f
Source file: Laws/federal/codes/united-states-code/title-26/section-4053-exemptions--7cb4f0299f.md
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Source location: Title 26, Chapter 31, § 4053; chapter-031-retail-excise-taxes.md

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No tax shall be imposed by section 4051 on any of the following articles: (1) **Camper coaches bodies for self-propelled mobile homes** — Any article designed— (A) to be mounted or placed on automobile trucks, automobile truck chassis, or automobile chassis, and (B) to be used primarily as living quarters or camping accommodations. (2) **Feed, seed, and fertilizer equipment** — Any body primarily designed— (A) to process or prepare seed, feed, or fertilizer for use on farms, (B) to haul feed, seed, or fertilizer to and on farms, (C) to spread feed, seed, or fertilizer on farms, (D) to load or unload feed, seed, or fertilizer on farms, or (E) for any combination of the foregoing. (3) **House trailers** — Any house trailer. (4) **Ambulances, hearses, etc.** — Any ambulance, hearse, or combination ambulance-hearse. (5) **Concrete mixers** — Any article designed— (A) to be placed or mounted on an automobile truck chassis or truck trailer or semitrailer chassis, and (B) to be used to process or prepare concrete. (6) **Trash containers, etc.** — Any box, container, receptacle, bin or other similar article— (A) which is designed to be used as a trash container and is not designed for the transportation of freight other than trash, and (B) which is not designed to be permanently mounted on or permanently affixed to an automobile truck chassis or body. (7) **Rail trailers and rail vans** — Any chassis or body of a trailer or semitrailer which is designed for use both as a highway vehicle and a railroad car. For purposes of the preceding sentence, piggy-back trailer or semitrailer shall not be treated as designed for use as a railroad car. (8) **Mobile machinery** — Any vehicle which consists of a chassis— (A) to which there has been permanently mounted (by welding, bolting, riveting, or other means) machinery or equipment to perform a construction, manufacturing, processing, farming, mining, drilling, timbering, or similar operation if the operation of the machinery or equipment is unrelated to transportation on or off the public highways, (B) which has been specially designed to serve only as a mobile carriage and mount (and a power source, where applicable) for the particular machinery or equipment involved, whether or not such machinery or equipment is in operation, and (C) which, by reason of such special design, could not, without substantial structural modification, be used as a component of a vehicle designed to perform a function of transporting any load other than that particular machinery or equipment or similar machinery or equipment requiring such a specially designed chassis. (9) **Idling reduction device** — Any device or system of devices which— (A) is designed to provide to a vehicle those services (such as heat, air conditioning, or electricity) that would otherwise require the operation of the main drive engine while the vehicle is temporarily parked or remains stationary using one or more devices affixed to a tractor, and (B) is determined by the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Energy and the Secretary of Transportation, to reduce idling of such vehicle at a motor vehicle rest stop or other location where such vehicles are temporarily parked or remain stationary. (10) **Advanced insulation** — Any insulation that has an R value of not less than R35 per inch.

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 4051 — Imposition of tax on heavy trucks and trailers sold at retail

**(a) Imposition of tax** (1) **In general** — There is hereby imposed on the first retail sale of the following articles (including in each case parts or accessories sold on or in connection therewith or with the sale thereof) a tax of 12 percent of the amount for which the article is so sold: (A) Automobile truck chassis. (B) Automobile truck bodies. (C) Truck trailer and semitrailer chassis. (D) Truck trailer and semitrailer bodies. (E) Tractors of the kind chiefly used for highway transportation in combination with a trailer or semitrailer. (2) **Exclusion for trucks weighing 33,000 pounds or less** — The tax imposed by paragraph (1) shall not apply to automobile truck chassis and automobile truck bodies, suitable for use with a vehicle which has a gross vehicle weight of 33,000 pounds or less (as determined under regulations prescribed by the Secretary). (3) **Exclusion for trailers weighing 26,000 pounds or less** — The tax imposed by paragraph (1) shall not apply to truck trailer and semitrailer chassis and bodies, suitable for use with a trailer or semitrailer which has a gross vehicle weight of 26,000 pounds or less (as determined under regulations prescribed by the Secretary). (4) **Exclusion for tractors weighing 19,500 pounds or less** — The tax imposed by paragraph (1) shall not apply to tractors of the kind chiefly used for highway transportation in combination with a trailer or semitrailer if— (A) such tractor has a gross vehicle weight of 19,500 pounds or less (as determined by the Secretary), and (B) such tractor, in combination with a trailer or semitrailer, has a gross combined weight of 33,000 pounds or less (as determined by the Secretary). (5) **Sale of trucks, etc., treated as sale of chassis and body** — For purposes of

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 4041 — Imposition of tax

**(a) Diesel fuel and special motor fuels** (1) **Tax on diesel fuel and kerosene in certain cases** (A) *In general* — There is hereby imposed a tax on any liquid other than gasoline (as defined in section 4083)— (i) sold by any person to an owner, lessee, or other operator of a diesel-powered highway vehicle or a diesel-powered train for use as a fuel in such vehicle or train, or (ii) used by any person as a fuel in a diesel-powered highway vehicle or a diesel-powered train unless there was a taxable sale of such fuel under clause (i). (B) *Exemption for previously taxed fuel* — No tax shall be imposed by this paragraph on the sale or use of any liquid if tax was imposed on such liquid under section 4081 (other than such tax at the Leaking Underground Storage Tank Trust Fund financing rate) and the tax thereon was not credited or refunded. (C) *Rate of tax* (i) *In general* — Except as otherwise provided in this subparagraph, the rate of the tax imposed by this paragraph shall be the rate of tax specified in section 4081(a)(2)(A) on diesel fuel which is in effect at the time of such sale or use. (ii) *Rate of tax on trains* — In the case of any sale for use, or use, of diesel fuel in a train, the rate of tax imposed by this paragraph shall be— (I) 3.3 cents per gallon after December 31, 2004, and before July 1, 2005, (II) 2.3 cents per gallon after June 30, 2005, and before January 1, 2007, and (III) 0 after December 31, 2006. (iii) *Rate of tax on certain buses* (I) *In general* — Except as provided in subclause (II), in the case of fuel sold for use or used in a use described in section 6427(b)(1) (after the application of section 6427(b)(3)), the rate of tax imposed by this paragraph shall be 7.3 cents

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 4053 — Exemptions

Page 2889 TITLE 26—INTERNAL REVENUE CODE § 4053 persons who are purchasing articles taxable under this subchapter for resale or leasing in a long-term lease to execute a statement (made under penalties of perjury) on the sale invoice that such sale is for resale. The Secretary shall not impose any registration requirement as a condition of using such procedure. (Added Pub. L. 97–424, title V, § 512(b)(1), Jan. 6, 1983, 96 Stat. 2175; amended Pub. L. 98–369, div. A, title VII, §§ 731, 735(b)(2), July 18, 1984, 98 Stat. 976, 981; Pub. L. 100–17, title V, §§ 505(a)–(c), 506(a), Apr. 2, 1987, 101 Stat. 258, 259; Pub. L. 100–647, title VI, § 6111(a), Nov. 10, 1988, 102 Stat. 3713; Pub. L. 105–34, title XIV, §§ 1402(b), 1434(a), (b), Aug. 5, 1997, 111 Stat. 1046, 1052; Pub. L. 105–206, title VI, § 6014(c), July 22, 1998, 112 Stat. 820.) Editorial Notes PRIOR PROVISIONS A prior section 4052, act Aug. 16, 1954, ch. 736, 68A Stat. 479, provided that lease of an article would be considered the sale of article for excise tax purposes, prior to repeal by Pub. L. 94–455, title XIX, § 1904(a)(1)(D), Oct. 4, 1976, 90 Stat. 1811. AMENDMENTS 1998—Subsec. (f)(2). Pub. L. 105–206 substituted ‘‘such section’’ for ‘‘this section’’. 1997—Subsec. (b)(1)(B)(ii) to (iv). Pub. L. 105–34, § 1402(b), inserted ‘‘and’’ at end of cl. (ii), redesignated cl. (iv) as (iii), and struck out former cl. (iii) which read as follows: ‘‘the fair market value (including any tax imposed by section 4071) at retail of any tires (not in- cluding any metal rim or rim base), and’’. Subsec. (d). Pub. L. 105–34, § 1434(b)(1), substituted ‘‘rules of subsections (c) and (d) of section 4216 (relating to partial payments) shall apply’’ for ‘‘rules of— ‘‘(1) subsections (c) and (d) o

Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 4053

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