Loopholes > Federal > Small Aircraft Excise Tax Exclusion
DEDUCTION MEDIUM SAVINGS BUSINESS

Small Aircraft Excise Tax Exclusion

IRC §4281

Excludes transportation by small aircraft (6,000 lbs or less) from the 7.5% federal air transportation excise tax and the cargo tax, provided they do not operate on an established line.

Eligibility

Applies to non-jet aircraft (propeller or rotorcraft) with a maximum certificated takeoff weight of 6,000 lbs or less that are not operated on an established line (scheduled routes). Sightseeing flights are specifically deemed not to be on an established line.

Frequently Asked Questions

Who is eligible for the Small Aircraft Excise Tax Exclusion?

Applies to non-jet aircraft (propeller or rotorcraft) with a maximum certificated takeoff weight of 6,000 lbs or less that are not operated on an established line (scheduled routes). Sightseeing flights are specifically deemed not to be on an established line.

How does the Small Aircraft Excise Tax Exclusion work?

Excludes transportation by small aircraft (6,000 lbs or less) from the 7.5% federal air transportation excise tax and the cargo tax, provided they do not operate on an established line.

What law authorizes the Small Aircraft Excise Tax Exclusion?

The Small Aircraft Excise Tax Exclusion is authorized under IRC §4281 of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §4281

Source: Internal Revenue Code, Title 26, United States Code

§ 4281. Small aircraft on nonestablished lines(a) In generalThe taxes imposed by sections 4261 and 4271 shall not apply to transportation by an aircraft having a maximum certificated takeoff weight of 6,000 pounds or less, except when such aircraft is operated on an established line or when such aircraft is a jet aircraft. (b) Maximum certificated takeoff weightFor purposes of this section, the term “maximum certificated takeoff weight” means the maximum such weight contained in the type certificate or airworthiness certificate. (c) SightseeingFor purposes of this section, an aircraft shall not be considered as operated on an established line at any time during which such aircraft is being operated on a flight the sole purpose of which is sightseeing. (d) Jet aircraftFor purposes of this section, the term “jet aircraft” shall not include any aircraft which is a rotorcraft or propeller aircraft. (Added Pub. L. 91–258, title II, § 205(a)(1), May 21, 1970, 84 Stat. 241; amended Pub. L. 97–248, title II, § 280(c)(2)(B), Sept. 3, 1982, 96 Stat. 564; Pub. L. 109–59, title XI, § 11124(a), Aug. 10, 2005, 119 Stat. 1952; Pub. L. 112–95, title XI, § 1107(a), Feb. 14, 2012, 126 Stat. 154; Pub. L. 113–295, div. A, title II, § 204(a), Dec. 19, 2014, 128 Stat. 4025.) Editorial Notes Prior ProvisionsA prior section 4281, act Aug. 16, 1954, ch. 736, 68A Stat. 508, related to 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. Amendments2014—Pub. L. 113–295 amended section generally. Prior to amendment, text read as follows: “The taxes imposed by sections 4261 and 4271 shall not apply to transportation by an aircraft having a maximum certificated takeoff weight of 6,000 pounds or less, except when such aircraft is operated on an established line or when such aircraft is a jet aircraft. For purposes of the preceding sentence, the term ‘maximum certificated takeoff weight’ means the maximum such weight contained in the type certificate or airworthiness certificate. For purposes of this section, an aircraft shall not be considered as operated on an established line at any time during which such aircraft is being operated on a flight the sole purpose of which is sightseeing.” 2012—Pub. L. 112–95 inserted “or when such aircraft is a jet aircraft” after “an established line” in first sentence. 2005—Pub. L. 109–59 inserted at end “For purposes of this section, an aircraft shall not be considered as operated on an established line at any time during which such aircraft is being operated on a flight the sole purpose of which is sightseeing.” 1982—Pub. L. 97–248 struck out “(as defined in section 4492(b))” after “certificated takeoff weight”, and inserted provision defining “maximum certificated takeoff weight”.

Showing first 3,000 characters of full section text.