
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 26USC4681]

 
                     TITLE 26--INTERNAL REVENUE CODE
 
                 Subtitle D--Miscellaneous Excise Taxes
 
                     CHAPTER 38--ENVIRONMENTAL TAXES
 
              Subchapter D--Ozone-Depleting Chemicals, Etc.
 
Sec. 4681. Imposition of tax


(a) General rule

    There is hereby imposed a tax on--
        (1) any ozone-depleting chemical sold or used by the 
    manufacturer, producer, or importer thereof, and
        (2) any imported taxable product sold or used by the importer 
    thereof.

(b) Amount of tax

                    (1) Ozone-depleting chemicals

        (A) In general

            The amount of the tax imposed by subsection (a) on each 
        pound of ozone-depleting chemical shall be an amount equal to--
                (i) the base tax amount, multiplied by
                (ii) the ozone-depletion factor for such chemical.

        (B) Base tax amount

            The base tax amount for purposes of subparagraph (A) with 
        respect to any sale or use during any calendar year after 1995 
        shall be $5.35 increased by 45 cents for each year after 1995.

                    (2) Imported taxable product

        (A) In general

            The amount of the tax imposed by subsection (a) on any 
        imported taxable product shall be the amount of tax which would 
        have been imposed by subsection (a) on the ozone-depleting 
        chemicals used as materials in the manufacture or production of 
        such product if such ozone-depleting chemicals had been sold in 
        the United States on the date of the sale of such imported 
        taxable product.

        (B) Certain rules to apply

            Rules similar to the rules of paragraphs (2) and (3) of 
        section 4671(b) shall apply.

(Added Pub. L. 101-239, title VII, Sec. 7506(a), Dec. 19, 1989, 103 
Stat. 2364; amended Pub. L. 101-508, title XI, Sec. 11203(c), Nov. 5, 
1990, 104 Stat. 1388-422; Pub. L. 102-486, title XIX, Sec. 1931(a), Oct. 
24, 1992, 106 Stat. 3029; Pub. L. 105-34, title XIV, Sec. 1432(c)(1), 
Aug. 5, 1997, 111 Stat. 1050.)


                            Prior Provisions

    A prior section 4681, added Pub. L. 96-510, title II, Sec. 231(a), 
Dec. 11, 1980, 94 Stat. 2804, was contained in subchapter C of this 
chapter prior to repeal by Pub. L. 99-499, title V, Sec. 514(a)(1), (c), 
Oct. 17, 1986, 100 Stat. 1767, effective Oct. 1, 1983, with provision 
for waiver of statute of limitations on claims for overpayment.


                               Amendments

    1997--Subsec. (b)(1)(B). Pub. L. 105-34 added subpar. (B) and struck 
out heading and text of former subpar. (B). Text read as follows: ``The 
base tax amount for purposes of subparagraph (A) with respect to any 
sale or use during a calendar year before 1996 with respect to any 
ozone-depleting chemical is the amount determined under the following 
table for such calendar year:

                                                                Base tax
  ``Calendar year:                                               amount:
    1993................................                          3.35  
    1994................................                          4.35  
    1995................................                         5.35.''

    Subsec. (b)(1)(C). Pub. L. 105-34 struck out heading and text of 
subpar. (C). Text read as follows: ``The base tax amount for purposes of 
subparagraph (A) with respect to any sale or use of an ozone-depleting 
chemical during a calendar year after the last year specified in the 
table under subparagraph (B) applicable to such chemical shall be the 
base tax amount for such last year increased by 45 cents for each year 
after such last year.''
    1992--Subsec. (b)(1)(B). Pub. L. 102-486 amended subpar. (B) 
generally, substituting present provisions for former provisions which 
provided for base tax amounts in cl. (i) of initially listed chemicals 
for 1990 to 1994 and in cl. (ii) of newly listed chemicals for 1991 to 
1995.
    1990--Subsec. (b)(1)(B). Pub. L. 101-508 amended subpar. (B) 
generally, designating existing provision as cl. (i), inserting ``with 
respect to any ozone-depleting chemical other than a newly listed 
chemical (as defined in section 4682(d)(3)(C))'', and adding cl. (ii).
    Subsec. (b)(1)(C). Pub. L. 101-508 amended subpar. (C) generally. 
Prior to amendment, subpar. (C) read as follows: ``The base tax amount 
for purposes of subparagraph (A) with respect to any sale or use during 
a calendar year after 1994 shall be the base tax amount for 1994 
increased by 45 cents for each year after 1994.''


                    Effective Date of 1992 Amendment

    Section 1931(d) of Pub. L. 102-486 provided that: ``The amendments 
made by this section [amending this section and section 4682 of this 
title] shall apply to taxable chemicals sold or used on or after January 
1, 1993.''


                    Effective Date of 1990 Amendment

    Section 11203(e) of Pub. L. 101-508 provided that: ``The amendments 
made by this section [amending this section and section 4682 of this 
title] shall take effect on January 1, 1991.''


                             Effective Date

    Section 7506(c) of Pub. L. 101-239 provided that:
    ``(1) In general.--The amendments made by this section [enacting 
this subchapter] shall take effect on January 1, 1990.
    ``(2) No deposits required before april 1, 1990.--No deposit of any 
tax imposed by subchapter D of chapter 38 of the Internal Revenue Code 
of 1986, as added by this section, shall be required to be made before 
April 1, 1990.
    ``(3) Notification of changes in international agreements.--The 
Secretary of the Treasury or his delegate shall notify the Committee on 
Ways and Means of the House of Representatives and the Committee on 
Finance of the Senate of changes in the Montreal Protocol and of other 
international agreements to which the United States is a signatory 
relating to ozone-depleting chemicals.''

                  Section Referred to in Other Sections

    This section is referred to in section 4682 of this title.
