Title 26 — Internal Revenue Code
Part I · Chapter 68 — Additions to the Tax, Additional Amounts, and Assessable Penalties
§ 6675. Excessive claims with respect to the use of certain fuels
Statutory text
Civil penalty
In addition to any criminal penalty provided by law, if a claim is made under section 6416(a)(4) (relating to certain sales of gasoline), section 6420 (relating to gasoline used on farms), 6421 (relating to gasoline used for certain nonhighway purposes or by local transit systems), 6427 (relating to fuels not used for taxable purposes), or 6435 (relating to eligible indelibly dyed fuel) for an excessive amount, unless it is shown that the claim for such excessive amount is due to reasonable cause, the person making such claim shall be liable to a penalty in an amount equal to whichever of the following is the greater:
Two times the excessive amount; or
$10.
Excessive amount defined
For purposes of this section, the term “excessive amount” means in the case of any person the amount by which—
the amount claimed under section 6416(a)(4), 6420, 6421, 6427, or 6435, as the case may be, for any period, exceeds
the amount allowable under such section for such period.
Assessment and collection of penalty
For assessment and collection of penalty provided by subsection (a), see section 6206.
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.
Added Apr. 2, 1956, ch. 160, § 3, 70 Stat. 90 · 70 Stat. 90
Enacted · 26 U.S.C. § 6675
Added Apr. 2, 1956, ch. 160, § 3, 70 Stat. 90
Source evidence
Code source credit
Added Apr. 2, 1956, ch. 160, § 3, 70 Stat. 90Public Law not identified
Inserted · 26 U.S.C. § 6675(a)
Subsec. (a). Act June 29, 1956, § 208(d)(2)(B), inserted reference to claims made under section 6421
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (a). Act June 29, 1956, § 208(d)(2)(B), inserted reference to claims made under section 6421.Public Law not identified
Inserted · 26 U.S.C. § 6675(b)
Subsec. (b). Act June 29, 1956, § 208(d)(2)(C), inserted reference to amounts claimed under section 6421
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (b). Act June 29, 1956, § 208(d)(2)(C), inserted reference to amounts claimed under section 6421.Excise Tax Reduction Act of 1965
Pub. L. 89–44 § 202(c)(3)(A)(i) · 79 Stat. 136
Inserted · 26 U.S.C. § 6675
Pub. L. 89–44, § 202(c)(3)(A)(i), inserted “or lubricating oil” after “gasoline” in section catchline
Source evidence
Code amendment note
Pub. L. 89–44, § 202(c)(3)(A)(i), inserted “or lubricating oil” after “gasoline” in section catchline.Enacted provision · exact public law section
(i) by inserting “OR LUBRICATING OIL” after “GASOLINE” in the heading;Excise Tax Reduction Act of 1965
Pub. L. 89–44 § 202(c)(3)(A)(ii) · 79 Stat. 136
Inserted · 26 U.S.C. § 6675(a)
Pub. L. 89–44, § 202(c)(3)(A)(ii), inserted reference to claims made under section 6424
Source evidence
Code amendment note
Subsec. (a). Pub. L. 89–44, § 202(c)(3)(A)(ii), inserted reference to claims made under section 6424.Enacted provision · exact public law section
(ii) by striking out “or” before 6421 in subsection (a) and inserting in lieu thereof a comma, and by inserting “, or 6424 (relating to lubricating. oil not used in highway motor vehicles)” in such subsection after “systems)”;Excise Tax Reduction Act of 1965
Pub. L. 89–44 § 202(c)(3)(A)(iii) · 79 Stat. 136
Inserted · 26 U.S.C. § 6675(b)(1)
Pub. L. 89–44, § 202(c)(3)(A)(iii), inserted reference to amounts claimed under section 6424
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 89–44, § 202(c)(3)(A)(iii), inserted reference to amounts claimed under section 6424.Enacted provision · exact public law section
(iii) by striking out “or 6421,” in subsection (b)(1) and inserting in lieu thereof “6421, or 6424,”.Airport and Airway Revenue Act of 1970
Pub. L. 91–258 § 207(d)(8)(A) · 84 Stat. 219
Substituted · 26 U.S.C. § 6675
Pub. L. 91–258, § 207(d)(8)(A), substituted “fuels” for “gasoline” in section catchline
Source evidence
Code amendment note
Pub. L. 91–258, § 207(d)(8)(A), substituted “fuels” for “gasoline” in section catchline.Enacted provision · exact public law section
SEC. 207. PAYMENTS WITH RESPECT TO CERTAIN USES OF GASOLINE AND SPECIAL FUELS. (a) Payments With Respect to Certain Nontaxable Uses of Fuels.— Subchapter B of chapter 65 (relating to rules of special Ante, p. 245. application) is amended by adding after section 6426 (as added by section 406 (e) of this title) the following new section:Airport and Airway Revenue Act of 1970
Pub. L. 91–258 § 207(d)(8)(B) · 84 Stat. 219
Inserted · 26 U.S.C. § 6675(a)
Pub. L. 91–258, § 207(d)(8)(B), inserted reference to section 6427 relating to fuels not used for taxable purposes
Source evidence
Code amendment note
Subsec. (a). Pub. L. 91–258, § 207(d)(8)(B), inserted reference to section 6427 relating to fuels not used for taxable purposes.Enacted provision · exact public law section
SEC. 207. PAYMENTS WITH RESPECT TO CERTAIN USES OF GASOLINE AND SPECIAL FUELS. (a) Payments With Respect to Certain Nontaxable Uses of Fuels.— Subchapter B of chapter 65 (relating to rules of special Ante, p. 245. application) is amended by adding after section 6426 (as added by section 406 (e) of this title) the following new section:Airport and Airway Revenue Act of 1970
Pub. L. 91–258 § 207(d)(8)(C) · 84 Stat. 219
Inserted · 26 U.S.C. § 6675(b)(1)
Pub. L. 91–258, § 207(d)(8)(C), inserted reference to section 6427
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 91–258, § 207(d)(8)(C), inserted reference to section 6427.Enacted provision · exact public law section
SEC. 207. PAYMENTS WITH RESPECT TO CERTAIN USES OF GASOLINE AND SPECIAL FUELS. (a) Payments With Respect to Certain Nontaxable Uses of Fuels.— Subchapter B of chapter 65 (relating to rules of special Ante, p. 245. application) is amended by adding after section 6426 (as added by section 406 (e) of this title) the following new section:Energy Tax Act of 1978
Pub. L. 95–618 title II § 233(b)(2)(D) · 92 Stat. 3174
Substituted · 26 U.S.C. § 6675(a)
Pub. L. 95–618 substituted “used for certain nontaxable purposes” for “not used in highway motor vehicles”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 95–618 substituted “used for certain nontaxable purposes” for “not used in highway motor vehicles”.Enacted provision · exact public law section
(b) Repayment of Tax on Lubricating Oil Used in Intercity, Local, or School Buses.— (1) In general.— Subsection (a) of section 6424 (relating to 26 USC 6424. lubricating oil not used in highway motor vehicles) is amended to read as follows: “(a) Payments.— Except as provided in subsection (f), if lubricating oil (other than cutting oils, as defined in section 4092(b), and 26 USC 4092. other than oil which has previously been used) is used— (1) in a qualified business use (as defined in section 6421(d) 26 USC 6421. (2)), or “(2) in a qualified bus (as defined in section 4221(d) (7)), 26 USC 4221. the Secretary shall pay (without interest) to the ultimate purchaser of such lubricating oil an amount equal to 6 cents for each gallon of lubricating oil so used.” (3) Technical and conforming amendments.— (A) The section heading for section 6424 is amended by 26 USC 6424. striking out “NOT USED IN HIGHWAY MOTOR VEHICLES” and inserting in lieu thereof “USED FOR CERTAIN NONTAXABLE PURPOSES”. (B) The table of sections for subchapter B of chapter 65 26 USC 6411. (relating to rules of special application) is amended by striking out “not used In highway motor vehicles” in the item relating to section 6424 and inserting in lieu thereof “used for certain nontaxable purposes”. (C) Paragraph (3) of section 39(a) (relating to certain 26 USC 39. uses of gasoline, special fuels, and lubricating oil) is amended by striking out “otherwise than in a highway motor vehicle” and inserting in lieu thereof “for certain nontaxable purposes”. (D) Sections 6504(9) and 6675(a) are each amended by 26 USC 6504, 6675. striking out “not used in highway motor vehicles” and inserting in lieu thereof “used for certain nontaxable purposes”. (E) Paragraph (3) of section 209(f) of the Highway Revenue 23 USC 120 note. Act of 1956 is amended by striking out “lubricating oil not used in highway motor vehicles” and inserting in lieu thereof “lubricating oil used for certain nontaxable purposes”.Surface Transportation Assistance Act of 1982
Pub. L. 97–424 § 515(b)(11)(C) · 96 Stat. 2097
Struck · 26 U.S.C. § 6675
Pub. L. 97–424, § 515(b)(11)(C), struck out “or lubricating oil” after “fuels” in section catchline
Source evidence
Code amendment note
Pub. L. 97–424, § 515(b)(11)(C), struck out “or lubricating oil” after “fuels” in section catchline.Enacted provision · exact public law section
(C) The heading for section 6675 is amended by striking out “or lubricating oil.”.Surface Transportation Assistance Act of 1982
Pub. L. 97–424 § 515(b)(11)(A) · 96 Stat. 2097
Struck · 26 U.S.C. § 6675(a)
Pub. L. 97–424, § 515(b)(11)(A), struck out “6424 (relating to lubricating oil used for certain nontaxable purposes),” after “systems),”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 97–424, § 515(b)(11)(A), struck out “6424 (relating to lubricating oil used for certain nontaxable purposes),” after “systems),”.Enacted provision · exact public law section
(A) Subsection (a) of section 6675 is amended by striking out “6424 (relating to lubricating oil used for certain nontaxable purposes),”.Surface Transportation Assistance Act of 1982
Pub. L. 97–424 § 515(b)(11)(B) · 96 Stat. 2097
Struck · 26 U.S.C. § 6675(b)(1)
Pub. L. 97–424, § 515(b)(11)(B), struck out “6424,” after “6421,”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 97–424, § 515(b)(11)(B), struck out “6424,” after “6421,”.Enacted provision · exact public law section
(B) Paragraph (1) of section 6675(b) is amended by striking out “6424,”.Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users
Pub. L. 109–59 § 11163(d)(2) · 119 Stat. 1144
Inserted · 26 U.S.C. § 6675(a)
Pub. L. 109–59, § 11163(d)(2), inserted “section 6416(a)(4) (relating to certain sales of gasoline),” after “made under” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 109–59, § 11163(d)(2), inserted “section 6416(a)(4) (relating to certain sales of gasoline),” after “made under” in introductory provisions.Enacted provision · exact public law section
(2) Section 6675(a) is amended by inserting “section 6416(a)(4) (relating to certain sales of gasoline),” after “made under”.Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users
Pub. L. 109–59 § 11163(d)(3) · 119 Stat. 1144
Inserted · 26 U.S.C. § 6675(b)(1)
Pub. L. 109–59, § 11163(d)(3), inserted “6416(a)(4),” after “under section”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 109–59, § 11163(d)(3), inserted “6416(a)(4),” after “under section”.Enacted provision · exact public law section
(3) Section 6675(b)(1) is amended by inserting “6416(a)(4),” after “under section”.Pub. L. 119–21 § 70525(b)(3)(A) · 139 Stat. 283
Substituted · 26 U.S.C. § 6675(a)
Pub. L. 119–21, § 70525(b)(3)(A), substituted “6427 (relating to fuels not used for taxable purposes), or 6435 (relating to eligible indelibly dyed fuel)” for “or 6427 (relating to fuels not used for taxable purposes)” in introductory provisions
Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a). Pub. L. 119–21, § 70525(b)(3)(A), substituted “6427 (relating to fuels not used for taxable purposes), or 6435 (relating to eligible indelibly dyed fuel)” for “or 6427 (relating to fuels not used for taxable purposes)” in introductory provisions.Effective date note
Amendment by Pub. L. 119–21 applicable to eligible indelibly dyed diesel fuel or kerosene removed on or after the date that is 180 days after July 4, 2025, see section 70525(c) of Pub. L. 119–21, set out as a note under section 6206 of this title.Pub. L. 119–21 § 70525(b)(3)(B) · 139 Stat. 283
Substituted · 26 U.S.C. § 6675(b)(1)
Pub. L. 119–21, § 70525(b)(3)(B), substituted “6421, 6427, or 6435,” for “6421, or 6427,”
Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 119–21, § 70525(b)(3)(B), substituted “6421, 6427, or 6435,” for “6421, or 6427,”.Effective date note
Amendment by Pub. L. 119–21 applicable to eligible indelibly dyed diesel fuel or kerosene removed on or after the date that is 180 days after July 4, 2025, see section 70525(c) of Pub. L. 119–21, set out as a note under section 6206 of this title.
12 of 17 references resolved to an enrolled provision · 1 partial · 4 unresolved
Editorial Notes
Amendments1956–2025 · 7 rounds
2025
Subsec. (a). Pub. L. 119–21, § 70525(b)(3)(A), substituted “6427 (relating to fuels not used for taxable purposes), or 6435 (relating to eligible indelibly dyed fuel)” for “or 6427 (relating to fuels not used for taxable purposes)” in introductory provisions.
Subsec. (b)(1). Pub. L. 119–21, § 70525(b)(3)(B), substituted “6421, 6427, or 6435,” for “6421, or 6427,”.
2005
Subsec. (a). Pub. L. 109–59, § 11163(d)(2), inserted “section 6416(a)(4) (relating to certain sales of gasoline),” after “made under” in introductory provisions.
Subsec. (b)(1). Pub. L. 109–59, § 11163(d)(3), inserted “6416(a)(4),” after “under section”.
1983
Pub. L. 97–424, § 515(b)(11)(C), struck out “or lubricating oil” after “fuels” in section catchline.
Subsec. (a). Pub. L. 97–424, § 515(b)(11)(A), struck out “6424 (relating to lubricating oil used for certain nontaxable purposes),” after “systems),”.
Subsec. (b)(1). Pub. L. 97–424, § 515(b)(11)(B), struck out “6424,” after “6421,”.
1978
Subsec. (a). Pub. L. 95–618 substituted “used for certain nontaxable purposes” for “not used in highway motor vehicles”.
1970
Pub. L. 91–258, § 207(d)(8)(A), substituted “fuels” for “gasoline” in section catchline.
Subsec. (a). Pub. L. 91–258, § 207(d)(8)(B), inserted reference to section 6427 relating to fuels not used for taxable purposes.
Subsec. (b)(1). Pub. L. 91–258, § 207(d)(8)(C), inserted reference to section 6427.
1965
Pub. L. 89–44, § 202(c)(3)(A)(i), inserted “or lubricating oil” after “gasoline” in section catchline.
Subsec. (a). Pub. L. 89–44, § 202(c)(3)(A)(ii), inserted reference to claims made under section 6424.
Subsec. (b)(1). Pub. L. 89–44, § 202(c)(3)(A)(iii), inserted reference to amounts claimed under section 6424.
1956
Act , § 208(d)(2)(A), substituted “with respect to the use of certain gasoline” for “for gasoline used on farms” in section catchline.
Subsec. (a). Act , § 208(d)(2)(B), inserted reference to claims made under section 6421.
Subsec. (b). Act , § 208(d)(2)(C), inserted reference to amounts claimed under section 6421.
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
Amendment by Pub. L. 119–21 applicable to eligible indelibly dyed diesel fuel or kerosene removed on or after the date that is 180 days after , see section 70525(c) of Pub. L. 119–21, set out as a note under section 6206 of this title.
Effective Date of 2005 Amendment
Amendment by Pub. L. 109–59 applicable to sales after , see section 11163(e) of Pub. L. 109–59, set out as a note under section 4101 of this title.
Effective Date of 1983 Amendment
Amendment by Pub. L. 97–424 applicable with respect to articles sold after , see section 515(c) of Pub. L. 97–424, set out as a note under section 34 of this title.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–618 effective on first day of first calendar month which begins more than 10 days after , see section 233(d) of Pub. L. 95–618, set out as a note under section 34 of this title.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–258 effective , see section 211(a) of Pub. L. 91–258, set out as a note under section 4041 of this title.
Effective Date of 1965 Amendment
Amendment by Pub. L. 89–44 effective , see section 701(a)(1), (2) of Pub. L. 89–44, set out as a note under section 4161 of this title.
Effective Date of 1956 Amendment
Amendment by act , effective , see section 211 of act , set out as a note under section 4041 of this title.
Credits
1956–2025 · 8 acts
- 1956Added Apr. 2, 1956, ch. 160, § 3, 70 Stat. 90
- 1956amended June 29, 1956, ch. 462, title II, § 208(d)(2), 70 Stat. 396
- 1965Pub. L. 89–44, title II, § 202(c)(3)(A), , 79 Stat. 139
- 1970Pub. L. 91–258, title II, § 207(d)(8), , 84 Stat. 249
- 1978Pub. L. 95–618, title II, § 233(b)(2)(D), , 92 Stat. 3191
- 1983Pub. L. 97–424, title V, § 515(b)(11)(A)–(C), , 96 Stat. 2182
- 2005Pub. L. 109–59, title XI, § 11163(d)(2), (3), , 119 Stat. 1975
- 2025Pub. L. 119–21, title VII, § 70525(b)(3), , 139 Stat. 283.
Show as published
(Added Apr. 2, 1956, ch. 160, § 3, 70 Stat. 90; amended June 29, 1956, ch. 462, title II, § 208(d)(2), 70 Stat. 396; Pub. L. 89–44, title II, § 202(c)(3)(A), , 79 Stat. 139; Pub. L. 91–258, title II, § 207(d)(8), , 84 Stat. 249; Pub. L. 95–618, title II, § 233(b)(2)(D), , 92 Stat. 3191; Pub. L. 97–424, title V, § 515(b)(11)(A)–(C), , 96 Stat. 2182; Pub. L. 109–59, title XI, § 11163(d)(2), (3), , 119 Stat. 1975; Pub. L. 119–21, title VII, § 70525(b)(3), , 139 Stat. 283.)