I
106TH CONGRESS
2D SESSION
H. R. 4834
To amend the Internal Revenue Code of 1986 to suspend all motor fuel
taxes until January 1, 2001.
IN THE HOUSE OF REPRESENTATIVES
JULY 12, 2000
Mr. MCINTOSH introduced the following bill; which was referred to the
Committee on Ways and Means
A BILL
To amend the Internal Revenue Code of 1986 to suspend
all motor fuel taxes until January 1, 2001.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Gas Tax Relief Act
of 2000’’.
SEC. 2. SUSPENSION OF FUEL TAXES THROUGH DECEMBER
31, 2000.
(a) TEMPORARY SUSPENSION OF FUEL TAXES.—
During the suspension period, each rate of tax referred
to in subsection (b) shall be reduced to zero.
(b) RATES OF TAX.—The rates of tax referred to in
this subsection are the rates of tax otherwise applicable
under—
(1) paragraphs (1), (2), and (3) of section
4041(a) of the Internal Revenue Code of 1986 (re-
lating to diesel fuel and special motor fuels),
(2) subsection (m) of section 4041 of such Code
(relating to certain alcohol fuels),
(3) subparagraphs (A) and (C) of section
4042(b)(1) of such Code (relating to tax on fuel
used in commercial transportation on inland water-
ways),
(4) clauses (i), (ii), and (iii) of section
4081(a)(2)(A) of such Code (relating to gasoline,
diesel fuel, and kerosene),
(5) paragraph (1) of section 4091(b) of such
Code (relating to aviation fuel), and
(6) paragraph (2) of section 4092(b) of such
Code (relating to fuel used in commercial aviation).
(c) SUSPENSION PERIOD.—For purposes of this sec-
tion, the term ‘‘suspension period’’ means the period be-
ginning on the date of the enactment of this Act and end-
ing on December 31, 2000.
SEC. 3. FLOOR STOCK REFUNDS.
(a) IN GENERAL.—If—
(1) before the tax suspension date, a tax re-
ferred to in section 2(b) has been imposed under the
Internal Revenue Code of 1986 on any liquid, and
(2) on such date such liquid is held by a dealer
and has not been used and is intended for sale,
there shall be credited or refunded (without interest) to
the person who paid such tax (hereafter in this section
referred to as the ‘‘taxpayer’’) an amount equal to the ex-
cess of the tax paid by the taxpayer over the amount of
such tax which would be imposed on such liquid had the
taxable event occurred on such date.
(b) TIME FOR FILING CLAIMS.—No credit or refund
shall be allowed or made under this section unless—
(1) claim therefor is filed with the Secretary of
the Treasury before the date which is 6 months
after the tax suspension date, and
(2) in any case where liquid is held by a dealer
(other than the taxpayer) on the tax suspension
date—
(A) the dealer submits a request for refund
or credit to the taxpayer before the date which
is 3 months after the tax suspension date, and
(B) the taxpayer has repaid or agreed to
repay the amount so claimed to such dealer or
has obtained the written consent of such dealer
to the allowance of the credit or the making of
the refund.
(c) EXCEPTION
FOR
FUEL
HELD
IN
RETAIL
STOCKS.—No credit or refund shall be allowed under this
section with respect to any liquid in retail stocks held at
the place where intended to be sold at retail.
(d) DEFINITIONS.—For purposes of this section—
(1) the terms ‘‘dealer’’ and ‘‘held by a dealer’’
have the respective meanings given to such terms by
section 6412 of such Code; except that the term
‘‘dealer’’ includes a producer, and
(2) the term ‘‘tax suspension date’’ means the
date on which the suspension period begins under
section 2(b).
(e) CERTAIN RULES TO APPLY.—Rules similar to the
rules of subsections (b) and (c) of section 6412 of such
Code shall apply for purposes of this section.
SEC. 4. FLOOR STOCKS TAX.
(a) IMPOSITION OF TAX.—In the case of any taxable
liquid which is held on the floor stocks tax date by any
person, there is hereby imposed a floor stocks tax equal
to the excess of the tax which would be imposed on such
liquid under any section of the Internal Revenue Code of
1986 referred to in section 2(b) had the taxable event oc-