The previously approved regulations
relate to the diesel fuel and kerosene excise tax and reflect
changes made by the American Jobs Creation Act of 2004 (Act)
regarding mechanical dye injection systems. Under the Act, diesel
fuel and kerosene that are to be used in a nontaxable use must be
indelibly dyed by use of a mechanical dye injection system that
satisfies the requirements set forth in the regulations. However,
Notice 2005-80 lifted the requirement for mechanical injection and
because of this, there is currently no requirement in the
regulations for pre-approval by the IRS to inject dye into exempt
fuel. The statutory requirement remains codified until such time
they are finalized or removed. The burden has been adjusted
accordingly.
US Code:
26
USC 4082 Name of Law: Exemptions for diesel fuel and
kerosene.
PL:
Pub.L. 108 - 357 118 Name of Law: American Jobs Creation Act of
2004
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