Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 26 - Internal Revenue |
Chapter I - Internal Revenue Service, Department of the Treasury |
SubChapter D - Miscellaneous Excise Taxes |
Part 48 - Manufacturers and Retailers Excise Taxes |
Subpart H - Motor Vehicles, Tires, Tubes, Tread Rubber, and Taxable Fuel |
Taxable Fuel |
§ 48.4081-3T - Taxable fuel; taxable events other than removal at the terminal rack (temporary).
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(a) through (c)(2)(i) [Reserved] For further guidance, see § 48.4081-3(a) through (c)(2)(i).
(c)(2)(ii)
Joint and several liability of the importer of record. In the case of an entry of taxable fuel on or after September 28, 2004, the importer of record with respect to the taxable fuel is jointly and severally liable with the enterer for the tax imposed under § 48.4081-3(c)(1) if—(A) The importer of record is not the enterer of the taxable fuel; and
(B) The enterer is not a taxable fuel registrant.
(iii)
Conditions for avoidance of liability. The importer of record is not liable for the tax under paragraph (c)(2)(ii) of this section if, at the time of the entry, the importer of record—(A) Has an unexpired notification certificate (as described in § 48.4081-5) from the enterer; and
(B) Has no reason to believe that any information in the notification certificate is false.
(iv)
Customs bond. In the case of an entry of taxable fuel on or after September 28, 2004, the Customs bond posted with respect to the importation of the fuel will not be charged for the tax imposed on the entry of the fuel if the enterer is a taxable fuel registrant. A surety bond will not be charged for the tax imposed on the entry of the fuel covered by the bond, if at the time of entry, the surety—(A) Has an unexpired notification certificate (as described in § 48.4081-5) from the enterer; and
(B) Has no reason to believe that any information in the notification certificate is false.
(d) through (j) [Reserved] For further guidance, see § 48.4081-3(d) through (j).