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Internal Revenue Code, § 4101. Registration And Bond

I.R.C. § 4101(a) Registration
I.R.C. § 4101(a)(1) In General
Every person required by the Secretary to register under this section with respect to the tax imposed by section 4041(a) or 40811, every person producing or importing biodiesel (as defined in section 40A(d)(1)) or alcohol (as defined in section 6426(b)(4)(A)), and every person producing second generation biofuel (as defined in section 40(b)(6)(E)) shall register with the Secretary at such time, in such form and manner, and subject to such terms and conditions, as the Secretary may by regulations prescribe. A registration under this section may be used only in accordance with regulations prescribed under this section.
1 Amendments:Section 13242(d)(1) of the Revenue Reconciliation Act of 1993 amended section 4101(a) by striking “4081” and inserting “4041(a)(1), 4081,”.
I.R.C. § 4101(a)(2) Registration Of Persons Within Foreign Trade Zones, Etc.
The Secretary shall require registration by any person which—
I.R.C. § 4101(a)(2)(A)
operates a terminal or refinery within a foreign trade zone or within a customs bonded storage facility, or
I.R.C. § 4101(a)(2)(B)
holds an inventory position with respect to a taxable fuel in such a terminal.
I.R.C. § 4101(a)(3) Display Of Registration
Every operator of a vessel required by the Secretary to register under this section shall display proof of registration through an identification device prescribed by the Secretary on each vessel used by such operator to transport any taxable fuel.
I.R.C. § 4101(a)(4) Registration Of Persons Extending Credit On Certain Exempt Sales Of Fuel
The Secretary shall require registration by any person which—
I.R.C. § 4101(a)(4)(A)
extends credit by credit card to any ultimate purchaser described in subparagraph (C) or (D) of section 6416(b)(2) for the purchase of taxable fuel upon which tax has been imposed under section 4041 or 4081, and
I.R.C. § 4101(a)(4)(B)
does not collect the amount of such tax from such ultimate purchaser.
I.R.C. § 4101(a)(5) Reregistration In Event Of Change In Ownership
Under regulations prescribed by the Secretary, a person (other than a corporation the stock of which is regularly traded on an established securities market) shall be required to reregister under this section if after a transaction (or series of related transactions) more than 50 percent of ownership interests in, or assets of, such person are held by persons other than persons (or persons related thereto) who held more than 50 percent of such interests or assets before the transaction (or series of related transactions).
I.R.C. § 4101(b) Bonds And Liens
I.R.C. § 4101(b)(1) In General
Under regulations prescribed by the Secretary, the Secretary may require, as a condition of permitting any person to be registered under subsection (a), that such person—
I.R.C. § 4101(b)(1)(A)
give a bond in such sum as the Secretary determines appropriate, and
I.R.C. § 4101(b)(1)(B)
agree to the imposition of a lien—
I.R.C. § 4101(b)(1)(B)(i)
on such property (or rights to property) of such person used in the trade or business for which the registration is sought, or
I.R.C. § 4101(b)(1)(B)(ii)
with the consent of such person, on any other property (or rights to property) of such person as the Secretary determines appropriate.
Rules similar to the rules of section 6323 shall apply to the lien imposed pursuant to this paragraph.
I.R.C. § 4101(b)(2) Release Or Discharge Of Lien
If a lien is imposed pursuant to paragraph (1), the Secretary shall issue a certificate of discharge or a release of such lien in connection with a transfer of the property if there is furnished to the Secretary (and accepted by him) a bond in such sum as the Secretary determines appropriate or the transferor agrees to the imposition of a substitute lien under paragraph (1)(B) in such sum as the Secretary determines appropriate. The Secretary shall respond to any request to discharge or release a lien imposed pursuant to paragraph (1) in connection with a transfer of property not later than 90 days after the date the request for such a discharge or release is made.
I.R.C. § 4101(c) Denial, Revocation, Or Suspension Of Registration
Rules similar to the rules of section 4222(c) shall apply to registration under this section.
I.R.C. § 4101(d) Information Reporting
The Secretary may require—
I.R.C. § 4101(d)(1)
information reporting by any person registered under this section, and
I.R.C. § 4101(d)(2)
information reporting by such other persons as the Secretary deems necessary to carry out this part.
Any person who is required to report under this subsection and who has 25 or more reportable transactions in a month shall file such report in electronic format.
I.R.C. § 4101(e)
[Repealed by Pub. L. 107-147, Sec. 615(a).]
(Aug. 16, 1954, ch. 736, 68A Stat. 484; June 21, 1965, Pub. L. 89-44, title VIII, Sec. 802(b)(2), 79 Stat. 159; Oct. 4, 1976, Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(A), 90 Stat. 1834; Jan. 6, 1983, Pub. L. 97-424, title V, Sec. 515(b)(8), 96 Stat. 2182; Oct. 22, 1986, Pub. L. 99-514, title XVII, Sec. 1703(b)(1), 100 Stat. 2776; Dec. 22, 1987, Pub. L. 100-203, title X, Sec. 10502(d)(3), 101 Stat. 1330-444; Nov. 5, 1990, Pub. L. 101-508, title XI, Sec. 11212(b)(1), 104 Stat. 1388-430; Aug. 10, 1993, Pub. L. 103-66, title XIII, Sec. 13242(d)(1), 107 Stat. 312; Pub. L. 105-34, title IX, Sec. 1032(d), Aug. 5, 1997, 111 Stat 788; Pub. L. 105-206, title VI, Sec. 6010(h)(5), July 22, 1998, 112 Stat 685; Pub. L. 106-170, title V, Sec. 524, Dec. 17, 1999, 113 Stat. 1860; Pub. L. 107-147, title VI, Sec. 615(a), Mar. 9, 2002, 116 Stat. 21; Pub. L. 108-357, title III, VIII, Sec. 301(b), 853(d), 861(a), 862(a), 864(a), Oct. 22, 2004, 118 Stat. 1418; Pub. L. 109-59, title XI, Sec. 11113(c), 11163(a), 11164(a), Aug. 10, 2005, 119 Stat. 1144; Pub. L. 110-172, Sec. 11(a)(29), Dec. 29, 2007, 121 Stat. 2473; Pub. L. 110-246, title XV, Sec. 15321(b)(3)(A), June 18, 2008, 122 Stat. 1651; Pub. L. 112-240, title IV, Sec. 404(b)(3)(C), Jan. 2, 2013, 126 Stat. 2313.)
BACKGROUND NOTES
Amendments to Subpart
1986--Pub. L. 99-514, title XVII, 1703(b)(2), Oct. 22, 1986, 100 Stat. 2776, substituted “Registration and bond" for “Registration” in item 4101.
1976--Pub. L. 94-455, title XII, 1202(c)(2), Oct. 4, 1976, 90 Stat. 1686, substituted “Inspection of records by local officers” for “Inspection of records, returns, etc., by local officers” in item 4102.
1965--Pub. L. 89-44, title VIII, 802(b)(5), June 21, 1965, 79 Stat. 159, struck out “and bond” after “Registration" in item 4101.
AMENDMENTS
2013 - Subsec. (a)(1). Pub. L. 112-240, Sec. 404(b)(3)(C), amended par. (1) by substituting “second generation biofuel” for “cellulosic biofuel”.
2008 - Subsec. (a)(1). Pub. L. 110-246, Sec. 15321(b)(3)(A), amended par. (1) by substituting “, every person” for “and every person” and by inserting “, and every person producing cellulosic biofuel (as defined in section 40(b)(6)(E))” after “section 6426(b)(4)(A))”.
2007 - Subsec. (a)(4). Pub. L. 110-172, Sec. 11(a)(29), amended subsec. (a) by redesignating par. (4) (relating to registration in event of change of ownership) as par. (5).
2005 - Subsec. (a). Pub. L. 109-59, Sec. 11163(a), amended subsec. (a) by adding par. (4).
Subsec. (a). Pub. L. 109-59, Sec. 11164(a), amended subsec. (a) by adding par. (4).
Subsec. (a)(1). Pub. L. 109-59, Sec. 11113(c), amended par. (1) by substituting “section 4041(a)” for “section 4041(a)(1)”.
2004 - Subsec. (a). Pub. L. 108-357, Sec. 853(d), amended subsec. (a) by substituting ““or 4081” for “, 4081, or 4091”.
Subsec. (a). Pub. L. 108-357, Sec. 861(a), amended subsec. (a) by substituting “(1) In general-Every” for “Every” and added par. (2).
Subsec. (a)(1). Pub. L. 108-357, Sec. 301(b), amended par. (1) by adding par. (2) and (3), effective January 1, 2005; and by adding “and every person producing or importing biodiesel (as defined in section 40A(d)(1)) or alcohol (as defined in section 6426(b)(4)(A))”.
Subsec. (d). Pub. L. 108-357, Sec. 864(a), amended subsec. (d) by adding the flush sentence at the end.
Subsec. (a)(2). Pub. L. 108-357, Sec. 862(a), redesignated par. (2) as par. (3) and added par. (2).
2002 - Subsec. (e). Pub. L. 107-147, Sec. 615(a), repealed subsec. (e). Prior to repeal it read as follows:
“(e) Certain approved terminals of registered persons required to offer dyed fuel and kerosene for nontaxable purposes--
“(1) In general
“A terminal for kerosene or diesel fuel may not be an approved facility for storage of non-tax-paid diesel fuel or kerosene under this section unless the operator of such terminal offers such fuel in a dyed form for removal for nontaxable use in accordance with section 4082(a).
“(2) Exception
“Paragraph (1) shall not apply to any terminal exclusively providing aviation-grade kerosene by pipeline to an airport.”
1998 - Subsec. (e)(1). Pub. L. 105-206, Sec. 6010(h)(5), amended par. (1) by substituting “such fuel in a dyed form” for “dyed diesel fuel and kerosene”; Subsec. (d). Pub. L. 105-168, Sec. 9008, changed the effective date to July 1, 2000; Sec. 524, Pub. L. 106-170, strikes “July 1, 2000” and inserts “January 1, 2002”.
1997 - Subsec. (e). Pub. L. 105-34, Sec. 1032(d), added subsec. (e).
1993 - Subsec. (a). Pub. L. 103-66, Sec. 13242(d)(1), amended subsec. (a) by substituting “4041(a)(1), 4081,” for “4081”.
1990 - Pub. L. 101-508 amended section generally. Prior to amendment, section read as follows:
‘(a) Registration. - Every person subject to tax under section 4081 or 4091 shall, before incurring any liability for tax under such section, register with the Secretary.
‘(b) Bond. - Under regulations prescribed by the Secretary, every person who registers under subsection (a) may be required to give a bond in such sum as the Secretary determines.’
1987 - Subsec. (a). Pub. L. 100-203 inserted ‘or 4091’ after ‘section 4081’.
1986 - Pub. L. 99-514 amended section generally, substituting ‘Registration and bond’ for ‘Registration’ in section catchline, designating existing provisions as subsec. (a), inserting subsec. (a) heading, and adding subsec. (b).
1983 - Pub. L. 97-424 struck out ‘or section 4091’ after ‘4081’.
1976 - Pub. L. 94-455 struck out ‘or his delegate’ after ‘Secretary’.
1965 - Pub. L. 89-44 struck out all references to a bond to be given and its terms and requirements.
EFFECTIVE DATE OF 2013 AMENDMENT
Amendment by Sec. 404(b) of Pub. L. 112-240 effective for fuels sold or used after the date of the enactment of this Act [Enacted: Jan. 2, 2013].
EFFECTIVE DATE OF 2008 AMENDMENTS
Amendments by Sec. 15321(b)(3)(A) of Pub. L. 110-246 effective for fuel produced after December 31, 2008.
EFFECTIVE DATE OF 2007 AMENDMENT
Amendment by Sec. 11(a)(29) of Pub. L. 110-172 effective on the date of the enactment of this Act [Enacted: Dec. 29, 2007].
EFFECTIVE DATE OF 2005 AMENDMENTS
Amendment by Sec. 11113(c) of Pub. L. 109-59 effective for sales or uses for any period after September 30, 2006.
Amendment by Sec. 11163(a) of Pub. L. 109-59 effective for sales after December 31, 2005.
Amendment by Sec. 11164(a) of Pub. L. 109-59 effective for actions, or failures to act, after the date of the enactment of this Act [Enacted: Aug. 10, 2005].
EFFECTIVE DATE OF 2004 AMENDMENTS
Amendment by Sec. 301(b) of Pub. L. 108-357 effective April 1, 2005.
Amendment by Sec. 853(d)(2) of Pub. L. 108-357 effective for aviation-grade kerosene removed, entered, or sold after December 31, 2004.
Amendment by Sec. 861(a) of Pub. L. 108-357 effective January 1, 2005.
Amendment by Sec. 862(a) of Pub. L. 108-357 effective January 1, 2005.
Amendment by Sec. 864(a) of Pub. L. 108-357 effective January 1, 2006.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Sec. 615(a) of Pub. L. 107-147 effective January 1, 2002.
EFFECTIVE DATE OF 1998 AMENDMENTS
Amendment by Sec. 6010(h)(5) of Pub. L. 105-206 effective as if included in the provisions of the Taxpayer Relief Act of 1997 to which it relates [Effective Date of Pub. L. 105-34, Sec. 1032: July 1, 2000].
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Sec. 1032(d) of Pub. L. 105-34 effective July 1, 1998. Amendment by Sec. 1032(f) of Pub. L. 105-178 effective July 1, 2000. Sec. 1032(g) of Pub. L. 105-34 provided that:
“(g) Floor Stock Taxes.--
(1) Imposition of tax.--In the case of kerosene which is held on July 1, 1998, by any person, there is hereby imposed a floor stocks tax of 24.4 cents per gallon.
(2) Liability for tax and method of payment.--
(A) Liability for tax.--A person holding kerosene on July 1, 1998, to which the tax imposed by paragraph (1) applies shall be liable for such tax.
(B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe.
(C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before August 31, 1998.
(3) Definitions.--For purposes of this subsection--
(A) Held by a person.--Kerosene shall be considered as “held by a person” if title thereto has passed to such person (whether or not delivery to the person has been made).
(B) Secretary.--The term “Secretary” means the Secretary of the Treasury or his delegate.
(4) Exception for exempt uses.--The tax imposed by paragraph (1) shall not apply to kerosene held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4081 of the Internal Revenue Code of 1986 is allowable for such use.
(5) Exception for fuel held in vehicle tank.--No tax shall be imposed by paragraph (1) on kerosene held in the tank of a motor vehicle or motorboat.
(6) Exception for certain amounts of fuel.--
(A) In general.--No tax shall be imposed by paragraph (1) on kerosene held on July 1, 1998, by any person if the aggregate amount of kerosene held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph.
(B) Exempt fuel.--For purposes of subparagraph (A), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (4) or (5).
(C) Controlled groups.--For purposes of this paragraph--
(i) Corporations.--
(I) In general.--All persons treated as a controlled group shall be treated as 1 person.
(II) Controlled group.--The term “controlled group" has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase “more than 50 percent” shall be substituted for the phrase “at least 80 percent" each place it appears in such subsection.
(ii) Nonincorporated persons under common control.--Under regulations prescribed by the Secretary, principles similar to the principles of clause (i) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation.
(7) Coordination with section 4081.--No tax shall be imposed by paragraph (1) on kerosene to the extent that tax has been (or will be) imposed on such kerosene under section 4081 or 4091 of such Code.
(8) Other laws applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such section 4081.”
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103-66, Sec. 13242, effective January 1, 1994.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-508 effective Dec. 1, 1990, see section 11212(f)(2) of Pub. L. 101-508, set out as a note under section 4081 of this title.
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100-203 applicable to sales after Mar. 31, 1988, see section 10502(e) of Pub. L. 100-203, set out as a note under section 40 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-514 applicable to gasoline removed (as defined in section 4082 of this title as amended by section 1703 of Pub. L. 99-514) after Dec. 31, 1987, see section 1703(h) of Pub. L. 99-514, set out as a note under section 4081 of this title.
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by Pub. L. 97-424 applicable to articles sold after Jan. 6, 1983, see section 515(c) of Pub. L. 97-424, set out as a note under section 34 of this title.
EFFECTIVE DATE OF 1965 AMENDMENT
Amendment by Pub. L. 89-44 applicable with respect to articles sold on or after July 1, 1965, see section 802(d)(1) of Pub. L. 89-44, set out as a note under section 4082 of this title.
TREATMENT OF DEEP-DRAFT VESSELS
Pub. L. 109-59, Sec. 11166(a) provided:
“On and after the date of the enactment of this Act [Enacted: Aug. 10, 2005], the Secretary of the Treasury shall require that a vessel described in section 4042(c)(1) of the Internal Revenue Code of 1986 be considered a vessel for purposes of the registration of the operator of such vessel under section 4101 of such Code, unless such operator uses such vessel exclusively for purposes of the entry of taxable fuel.”