§ 4043. Surtax on fuel used in aircraft part of a fractional ownership program

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2012

   FAA Modernization and Reform Act of 2012

   Pub. L. 112–95 title XI § 1103(a)(1) · 126 Stat. 11

   Enacted · 26 U.S.C. § 4043

   Added Pub. L. 112–95, title XI, § 1103(a)(1), Feb. 14, 2012, 126 Stat. 149

   Source evidence

   Code source credit
   Added Pub. L. 112–95, title XI, § 1103(a)(1), Feb. 14, 2012, 126 Stat. 149

   Enacted provision · exact public law section
   (1) In general.— Subchapter B of chapter 31 is amended by adding at the end the following new section: “SEC. 4043. SURTAX ON FUEL USED IN AIRCRAFT PART OF A FRACTIONAL OWNERSHIP PROGRAM. “(a) In General.— There is hereby imposed a tax on any liquid used (during any calendar quarter by any person) in a fractional program aircraft as fuel— “(1) for the transportation of a qualified fractional owner with respect to the fractional ownership aircraft program of which such aircraft is a part, or “(2) with respect to the use of such aircraft on account of such a qualified fractional owner, including use in deadhead service. “(b) Amount of Tax.— The rate of tax imposed by subsection (a) is 14.1 cents per gallon. “(c) Definitions and Special Rules.— For purposes of this section— “(1) Fractional program aircraft.— The term ‘fractional program aircraft’ means, with respect to any fractional ownership aircraft program, any aircraft which— “(A) is listed as a fractional program aircraft in the management specifications issued to the manager of such program by the Federal Aviation Administration under subpart K of part 91 of title 14, Code of Federal Regulations, and “(B) is registered in the United States. “(2) Fractional ownership aircraft program.— The term ‘fractional ownership aircraft program’ means a program under which— “(A) a single fractional ownership program manager provides fractional ownership program management services on behalf of the fractional owners, “(B) there are 1 or more fractional owners per fractional program aircraft, with at least 1 fractional program aircraft having more than 1 owner, “(C) with respect to at least 2 fractional program aircraft, none of the ownership interests in such aircraft are— “(i) less than the minimum fractional ownership interest, or “(ii) held by the program manager referred to in subparagraph (A), “(D) there exists a dry-lease aircraft exchange arrangement among all of the fractional owners, and “(E) there are multi-year program agreements covering the fractional ownership, fractional ownership program management services, and dry-lease aircraft exchange aspects of the program. “(3) Definitions related to fractional ownership interests.— “(A) Qualified fractional owner.— The term ‘qualified fractional owner’ means any fractional owner which has a minimum fractional ownership interest in at least one fractional program aircraft. “(B) Minimum fractional ownership interest.— The term ‘minimum fractional ownership interest’ means, with respect to each type of aircraft— “(i) a fractional ownership interest equal to or greater than 1/16 of at least 1 subsonic, fixed wing, or powered lift aircraft, or “(ii) a fractional ownership interest equal to or greater than 1/32 of at least 1 rotorcraft aircraft. “(C) Fractional ownership interest.— The term ‘fractional ownership interest’ means— “(i) the ownership of an interest in a fractional program aircraft, “(ii) the holding of a multi-year leasehold interest in a fractional program aircraft, or “(iii) the holding of a multi-year leasehold interest which is convertible into an ownership interest in a fractional program aircraft. “(D) Fractional owner.— The term ‘fractional owner’ means any person owning any interest (including the entire interest) in a fractional program aircraft. “(4) Dry-lease aircraft exchange.— The term ‘dry-lease aircraft exchange’ means an agreement, documented by the written program agreements, under which the fractional program aircraft are available, on an as needed basis without crew, to each fractional owner. “(5) Special rule relating to use of fractional program aircraft for flight demonstration, maintenance, or training.— For purposes of subsection (a), a fractional program aircraft shall not be considered to be used for the transportation of a qualified fractional owner, or on account of such qualified fractional owner, when it is used for flight demonstration, maintenance, or crew training. “(6) Special rule relating to deadhead service.— A fractional program aircraft shall not be considered to be used on account of a qualified fractional owner when it is used in deadhead service and a person other than a qualified fractional owner is separately charged for such service. “(d) Termination.— This section shall not apply to liquids used as a fuel in an aircraft after September 30, 2021.” .

2. 2018

   FAA Reauthorization Act of 2018

   Pub. L. 115–254 div. B title VIII § 802(c)(1) · 132 Stat. 3187

   Substituted · 26 U.S.C. § 4043(d)

   Pub. L. 115–254 substituted “September 30, 2023” for “September 30, 2021”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 115–254 substituted “September 30, 2023” for “September 30, 2021”.

   Enacted provision · exact public law section
   (1) Fuel tax.— Section 4043(d) of such Code is amended by striking “September 30, 2021” and inserting “September 30, 2023”.

3. 2023

   Continuing Appropriations Act, 2024 and Other Extensions Act

   Pub. L. 118–15 div. B title II § 2212(c)(1) · 137 Stat. 71

   Substituted · 26 U.S.C. § 4043(d)

   Pub. L. 118–15 substituted “December 31, 2023” for “September 30, 2023”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 118–15 substituted “December 31, 2023” for “September 30, 2023”.

   Enacted provision · exact public law section
   (1) Fuel tax.— Section 4043(d) of such Code is amended by striking “September 30, 2023” and inserting “December 31, 2023”.

4. 2023

   Airport and Airway Extension Act of 2023, Part II

   Pub. L. 118–34 title II § 202(c)(1) · 137 Stat. 1112

   Substituted · 26 U.S.C. § 4043(d)

   Pub. L. 118–34 substituted “March 8, 2024” for “December 31, 2023”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 118–34 substituted “March 8, 2024” for “December 31, 2023”.

   Enacted provision · exact public law section
   (1) Fuel tax.— Section 4043(d) of the Internal Revenue Code of 1986 is amended by striking “December 31, 2023” and inserting “March 8, 2024”.

5. 2024

   Pub. L. 118–41 title II § 202(c)(1) · 138 Stat. 24

   Substituted · 26 U.S.C. § 4043(d)

   Pub. L. 118–41 substituted “May 10, 2024” for “March 8, 2024”

   Unresolved: Pub. L. 118–41 was not found in the local Statutes at Large index.

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 118–41 substituted “May 10, 2024” for “March 8, 2024”.

6. 2024

   Pub. L. 118–63 title XIII § 1302(c)(1) · 138 Stat. 1433

   Substituted · 26 U.S.C. § 4043(d)

   Pub. L. 118–63 substituted “September 30, 2028” for “May 10, 2024”

   Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 118–63 substituted “September 30, 2028” for “May 10, 2024”.

4 of 6 references resolved to an enrolled provision · 2 unresolved