26 USC 4051 - Imposition of tax on heavy trucks and trailers sold at retail

U.S Code last checked for updates: May 18, 2024

§ 4051.

Imposition of tax on heavy trucks and trailers sold at retail

(a)

Imposition of tax

(1)

In general

There is hereby imposed on the first retail sale of the following articles (including in each case parts or accessories sold on or in connection therewith or with the sale thereof) a tax of 12 percent of the amount for which the article is so sold:

(A)

Automobile truck chassis.

(B)

Automobile truck bodies.

(C)

Truck trailer and semitrailer chassis.

(D)

Truck trailer and semitrailer bodies.

(E)

Tractors of the kind chiefly used for highway transportation in combination with a trailer or semitrailer.

(2)

Exclusion for trucks weighing 33,000 pounds or less

(3)

Exclusion for trailers weighing 26,000 pounds or less

(4)

Exclusion for tractors weighing 19,500 pounds or less

The tax imposed by paragraph (1) shall not apply to tractors of the kind chiefly used for highway transportation in combination with a trailer or semitrailer if—

(A)

such tractor has a gross vehicle weight of 19,500 pounds or less (as determined by the Secretary), and

(B)

such tractor, in combination with a trailer or semitrailer, has a gross combined weight of 33,000 pounds or less (as determined by the Secretary).

(5)

Sale of trucks, etc., treated as sale of chassis and body

(b)

Separate purchase of truck or trailer and parts and accessories therefor

Under regulations prescribed by the Secretary—

(1)

In general

If—

(A)

the owner, lessee, or operator of any vehicle which contains an article taxable under subsection (a) installs (or causes to be installed) any part or accessory on such vehicle, and

(B)

such installation is not later than the date 6 months after the date such vehicle (as it contains such article) was first placed in service,

then there is hereby imposed on such installation a tax equal to 12 percent of the price of such part or accessory and its installation.

(2)

Exceptions

Paragraph (1) shall not apply if—

(A)

the part or accessory installed is a replacement part or accessory, or

(B)

the aggregate price of the parts and accessories (and their installation) described in paragraph (1) with respect to any vehicle does not exceed $1,000 (or such other amount or amounts as the Secretary may by regulations prescribe).

(3)

Installers secondarily liable for tax

(c)

Termination

(d)

Credit against tax for tire tax

If—

(1)

tires are sold on or in connection with the sale of any article, and

(2)

tax is imposed by this subchapter on the sale of such tires,

there shall be allowed as a credit against the tax imposed by this subchapter an amount equal to the tax (if any) imposed by section 4071 on such tires.

(Added Pub. L. 97–424, title V, § 512(b)(1), Jan. 6, 1983, 96 Stat. 2174; amended Pub. L. 98–369, div. A, title VII, § 734(g), title IX, § 921, July 18, 1984, 98 Stat. 980, 1009; Pub. L. 99–514, title XVIII, §§ 1877(c), 1899A(47), Oct. 22, 1986, 100 Stat. 2902, 2961; Pub. L. 100–17, title V, § 502(a)(2), Apr. 2, 1987, 101 Stat. 256; Pub. L. 101–508, title XI, § 11211(c)(1), Nov. 5, 1990, 104 Stat. 1388–426; Pub. L. 102–240, title VIII, § 8002(a)(1), Dec. 18, 1991, 105 Stat. 2203; Pub. L. 105–34, title XIV, §§ 1401(a), 1402(a), 1432(a), Aug. 5, 1997, 111 Stat. 1045, 1046, 1050; Pub. L. 105–178, title IX, § 9002(a)(1)(D), June 9, 1998, 112 Stat. 499; Pub. L. 109–59, title XI, §§ 11101(a)(1)(D), 11112(a), Aug. 10, 2005, 119 Stat. 1943, 1946; Pub. L. 112–30, title I, § 142(a)(2)(B), Sept. 16, 2011, 125 Stat. 356; Pub. L. 112–102, title IV, § 402(a)(2)(B), Mar. 30, 2012, 126 Stat. 282; Pub. L. 112–140, title IV, § 402(a)(2)(B), June 29, 2012, 126 Stat. 402; Pub. L. 112–141, div. D, title I, § 40102(a)(2)(B), July 6, 2012, 126 Stat. 844; Pub. L. 114–94, div. C, title XXXI, § 31102(a)(2)(B), Dec. 4, 2015, 129 Stat. 1727; Pub. L. 115–141, div. U, title IV, § 401(a)(219), Mar. 23, 2018, 132 Stat. 1194; Pub. L. 117–58, div. H, title I, § 80102(a)(2)(B), Nov. 15, 2021, 135 Stat. 1327.)

cite as: 26 USC 4051