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26 U.S.C. § 4053 — Exemptions

submitted 43 years ago by Pub. L. 97-424 to r/title-26-INTERNAL-REVENUE-CODE · 540 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lists articles exempt from the heavy-vehicle tax in section 4051. The exemptions cover specified living, farm, emergency, construction, waste, rail, mobile-machinery, idling-reduction, and insulation articles.

No section 4051 tax applies to: (1) a camper-coach body designed to be put on a truck, truck chassis, or automobile chassis and used mainly as living quarters or camping accommodations; (2) a body primarily designed to process or prepare, haul to or on farms, spread, or load or unload feed, seed, or fertilizer, or any combination of those functions; (3) any house trailer; (4) an ambulance, hearse, or combination ambulance-hearse; (5) an article designed to be placed on a truck or trailer chassis and used to process or prepare concrete; (6) a box, container, receptacle, bin, or similar article designed as a trash container, not designed to transport freight other than trash, and not designed to be permanently mounted on or affixed to a truck chassis or body; (7) a trailer or semitrailer chassis or body designed for use both as a highway vehicle and railroad car, but a piggy-back trailer or semitrailer is not treated as designed for railroad use; (8) a vehicle chassis with permanently mounted machinery or equipment for construction, manufacturing, processing, farming, mining, drilling, timbering, or similar work unrelated to highway transportation, if the chassis was specially designed only to carry and mount that machinery or equipment and could not, without major structural changes, be used to transport another load; (9) an idling-reduction device or system designed to provide services such as heat, air conditioning, or electricity while a tractor is parked or stationary instead of running its main engine, if the Environmental Protection Agency Administrator, consulting Energy and Transportation, determines it reduces idling at a rest stop or other temporary parking location; and (10) advanced insulation with an R value of at least R35 per inch.

the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (Added Pub. L. 97–424, title V, § 512(b)(1), Jan. 6, 1983, 96 Stat. 2176; amended Pub. L. 98–369, div. A, title VII, § 735(b)(1), July 18, 1984, 98 Stat. 981; Pub. L. 108–357, title VIII, § 851(a)(1), Oct. 22, 2004, 118 Stat. 1607; Pub. L. 110–343, div. B, title II, § 206(a), Oct. 3, 2008, 122 Stat. 3839.)

history & why it existsrecord from the source credit
  • 1983Enacted · Pub. L. 97-424 · 96 Stat. 2176
  • 1984Amended · Pub. L. 98-369 · 98 Stat. 981
  • 2004Amended · Pub. L. 108-357 · 118 Stat. 1607
  • 2008Amended · Pub. L. 110-343 · 122 Stat. 3839

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-424 on 1983-01-06.

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