On-Premises Crude Oil Use Exception

§ 4611. Imposition of tax(a) General RuleThere is hereby imposed a tax at the rate specified in subsection (c) on—(1) crude oil received at a United States refinery, and (2) petroleum products entered into the United States for consumption, use, or warehousing. (b) Tax on certain uses and exportation(1) In generalIf—(A) any domestic crude oil is used in or exported from the United States, and (B) before such use or exportation, no tax was imposed on such crude oil under subsection (a), then a tax at the rate specified in subsection (c) is hereby imposed on such crude oil. (2) Exception for use on premises where producedParagraph (1) shall not apply to any use of crude oil for extracting oil or natural gas on the premises where such crude oil was produced. (c) Rate of tax(1) In generalThe rate of the taxes imposed by this section is the sum of—(A) the Hazardous Substance Superfund financing rate, and (B) the Oil Spill Liability Trust Fund financing rate. (2) RatesFor purposes of paragraph (1)—(A) the Hazardous Substance Superfund financing rate is 16.4 cents a barrel, and (B) the Oil Spill Liability Trust Fund financing rate is—(i) in the case of crude oil received or petroleum products entered before January 1, 2017, 8 cents a barrel, and (ii) in the case of crude oil received or petroleum products entered after December 31, 2016, 9 cents a barrel. (3) Adjustment for inflation(A) In generalIn the case of a year beginning after 2023, the amount in paragraph (2)(A) shall be increased by an amount equal to—(i) such amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting “calendar year 2022” for “calendar year 2016” in subparagraph (A)(ii) thereof. (B) RoundingIf any amount as adjusted under subparagraph (A) is not a multiple of $0.01, such amount shall be rounded to the next lowest multiple of $0.01. (d) Persons liable for tax(1) Crude oil received at refineryThe tax imposed by subsection (a)(1) shall be paid by the operator of the United States refinery. (2) Imported petroleum productThe tax imposed by subsection (a)(2) shall be paid by the person entering the product for consumption, use, or warehousing. (3) Tax on certain uses or exportsThe tax imposed by subsection (b) shall be paid by the person using or exporting the crude oil, as the case may be. [(e) Repealed. Pub. L. 117–169, title I, § 13601(a)(1), Aug. 16, 2022, 136 Stat. 1981] (f) Application of Oil Spill Liability Trust Fund financing rate(1) In generalExcept as provided in paragraph (2), the Oil Spill Liability Trust Fund financing rate under subsection (c) shall apply on and after April 1, 2006, or if later, the date which is 30 days after the last day of any calendar quarter for which the Secretary estimates that, as of the close of that quarter, the unobligated balance in the Oil Spill Liability Trust Fund is less than $2,000,000,000.