26 U.S.C. § 4121 — Imposition of tax
submitted 48 years ago by Pub. L. 95-227 to r/title-26-INTERNAL-REVENUE-CODE · 255 words · no verdicts yet
A tax applies to coal sold by its producer, with different rates for underground and surface-mined coal. The tax is capped at 4.4 percent of the sale price and does not apply to lignite.
(a) Tax imposed. (1) In general. A tax is imposed on coal from United States mines when the producer sells it. The tax equals the per-ton rate in subsection (b). (2) Limit. For each ton, the tax may not exceed 4.4 percent of the producer's sale price. (b) Rates and limit. (1) Underground-mine coal is taxed at $1.10 per ton. (2) Surface-mine coal is taxed at $0.55 per ton. (3) The applicable percentage is 4.4 percent. (c) Lignite. The tax does not apply to lignite. (d) Definitions. (1) Surface-mine coal means coal for which all geological matter above the coal is removed before extraction. Coal extracted by auger is surface-mine coal. (2) Underground-mine coal means coal that is not surface-mine coal. (3) “United States” has the meaning in section 638(1). This section does not define that term. (4) “Ton” means 2,000 pounds.
There is hereby imposed on coal from mines located in the United States sold by the producer, a tax equal to the rate per ton determined under subsection (b).
The amount of the tax imposed by paragraph (1) with respect to a ton of coal shall not exceed the applicable percentage (determined under subsection (b)) of the price at which such ton of coal is sold by the producer.
For purposes of subsection (a)—
the rate of tax on coal from underground mines shall be $1.10,
the rate of tax on coal from surface mines shall be $.55, and
the applicable percentage shall be 4.4 percent.
The tax imposed by subsection (a) shall not apply in the case of lignite.
For purposes of this subchapter—
Coal shall be treated as produced from a surface mine if all of the geological matter above the coal being mined is removed before the coal is extracted from the earth. Coal extracted by auger shall be treated as coal from a surface mine.
Coal shall be treated as produced from an underground mine if it is not produced from a surface mine.
The term “United States” has the meaning given to it by paragraph (1) of section 638.
The term “ton” means 2,000 pounds.
Source credit: (Added Pub. L. 95–227, § 2(a), Feb. 10, 1978, 92 Stat. 11; amended Pub. L. 97–119, title I, § 102(a), Dec. 29, 1981, 95 Stat. 1635; Pub. L. 99–272, title XIII, § 13203(a), (c), Apr. 7, 1986, 100 Stat. 312, 313; Pub. L. 99–514, title XVIII, § 1897(a), Oct. 22, 1986, 100 Stat. 2941; Pub. L. 100–203, title X, § 10503, Dec. 22, 1987, 101 Stat. 1330–446; Pub. L. 110–343, div. B, title I, § 113(a), Oct. 3, 2008, 122 Stat. 3824; Pub. L. 116–94, div. Q, title I, § 105(a), Dec. 20, 2019, 133 Stat. 3228; Pub. L. 116–260, div. EE, title I, § 149(a), Dec. 27, 2020, 134 Stat. 3056; Pub. L. 117–169, title I, § 13901(a), Aug. 16, 2022, 136 Stat. 2013.)
- 1978Enacted · Pub. L. 95-227 · 92 Stat. 11
- 1981Amended · Pub. L. 97-119 · 95 Stat. 1635
- 1986Amended · Pub. L. 99-272 · 100 Stat. 312, 313
- 1986Amended · Pub. L. 99-514 · 100 Stat. 2941
- 1987Amended · Pub. L. 100-203 · 101 Stat. 1330
- 2008Amended · Pub. L. 110-343 · 122 Stat. 3824
- 2019Amended · Pub. L. 116-94 · 133 Stat. 3228
- 2020Amended · Pub. L. 116-260 · 134 Stat. 3056
- 2022Amended · Pub. L. 117-169 · 136 Stat. 2013
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-227 on 1978-02-10.
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