Frequently Asked Questions
Who is eligible for the Affiliated Group Air Transportation Exclusion?
One member of an affiliated group must own or lease the aircraft, and the aircraft must not be available for hire by persons outside the group (determined on a flight-by-flight basis).
How does the Affiliated Group Air Transportation Exclusion work?
Eliminates federal air transportation excise taxes on payments made between members of an affiliated group for the use of a private aircraft.
What law authorizes the Affiliated Group Air Transportation Exclusion?
The Affiliated Group Air Transportation Exclusion is authorized under IRC §4282 of the Internal Revenue Code (Title 26, United States Code).
Statutory Text — IRC §4282
Source: Internal Revenue Code, Title 26, United States Code
§ 4282. Transportation by air for other members of affiliated group(a) General ruleUnder regulations prescribed by the Secretary, if—(1) one member of an affiliated group is the owner or lessee of an aircraft, and
(2) such aircraft is not available for hire by persons who are not members of such group,
no tax shall be imposed under section 4261 or 4271 upon any payment received by one member of the affiliated group from another member of such group for services furnished to such other member in connection with the use of such aircraft.
(b) Availability for hireFor purposes of subsection (a), the determination of whether an aircraft is available for hire by persons who are not members of an affiliated group shall be made on a flight-by-flight basis.
(c) Affiliated groupFor purposes of subsection (a), the term “affiliated group” has the meaning assigned to such term by section 1504(a), except that all corporations shall be treated as includible corporations (without any exclusion under section 1504(b)).
(Added Pub. L. 91–258, title II, § 205(a)(1), May 21, 1970, 84 Stat. 241; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 104–188, title I, § 1609(f), Aug. 20, 1996, 110 Stat. 1842.)
Editorial Notes
Prior ProvisionsA prior section 4282, act Aug. 16, 1954, ch. 736, 68A Stat. 508, defined “fair charge” in connection with tax on transportation of oil by pipeline, prior to repeal by Pub. L. 85–475, § 4(a), June 30, 1958, 72 Stat. 260. For effective date of repeal, see section 4(c) of Pub. L. 85–475, set out as an Effective Date of 1958 Amendment note under section 6415 of this title.
Amendments1996—Subsecs. (b), (c). Pub. L. 104–188 added subsec. (b) and redesignated former subsec. (b) as (c).
1976—Subsec. (a). Pub. L. 94–455 struck out “or his delegate” after “Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment by Pub. L. 104–188 effective on 7th calendar day after Aug. 20, 1996, see section 1609(i) of Pub. L. 104–188, set out as a note under section 4041 of this title.