Chemical tax to clean up toxic sites gets new life as part of infrastructure deal. A taxable chemical is a chemical that is (i) listed in section 4661(b), and (ii) manufactured or produced in the United States or entered into the United States for consumption, use, or warehousing. Form 6627, Environmental Taxes, previously used to report the Superfund Tax, will likely be used again to report the tax owed. msulayman@deloitte.com, Stephane Lunan Creditor Stung By Academy Of Motion Picture Arts And Sciences Bylaws. . The Superfund was to be financed through environmental excise taxes, including: (1) excise tax imposed on domestic crude oil; (2) excise tax imposed on imported crude oil and petroleum products; and (3) domestically produced and imported petrochemicals and inorganic chemicals. In Notice 2021-66 (released December 14, 2021), the IRS provided guidance on Superfund excise taxes, which are reinstated as of July 1, 2022, under the Infrastructure Investment and Jobs Act (IIJA) (see Tax Alert 2021-2059).. Notice 2021-66 does the following: Updates the list of taxable substances under IRC Section 4672(a), which had expired on December 31, 1995 At Deloitte, our purpose is to make an impact that matters by creating trust and confidence in a more equitable society. The IRS has yet to issue detailed guidance or a Frequently Asked Questions (FAQ) document to clarify the nuances of applicability of the reinstated Superfund excise tax. The Superfund Chemicals tax previously expired in 1995. Section 40.6302(c)-1(b)(2), for failure to make required deposits of Superfund excise taxes if the requirements set out in the Notice are met. The tax directly . No such update has been issued to date, however. FAQs How do I calculate the section 4671 tax? In response to pointed public comment, on April 15, 2022, the IRS released an advance version ofNotice 2022-15, providing relief for thethirdandfourth calendar quarters of 2022, and the first calendar quarter of2023, regarding the failure to deposit penalties imposed bySection 6656of the Tax Code, as those penalties relate to the Superfund excise taxes. EPA Announces Availability Of Environmental Justice Thriving Energy & Sustainability M&A Activity February 2023, OSHA Implements Pilot Program to Streamline Complaint Intake Process. Accordingly, the chemicals are taxed upon the first sale or use after import or manufacture in the United States, and the importer or manufacturer is liable for the excise tax, which it may pass along to its customers.22. . I am an importer of taxable substances. To accomplish this, the current system capability should be assessed. 117-58 (2021). Heard on: Revenue from a new excise tax on chemicals like Benzene and Mercury would go . The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. Breaking the Link New Developments on U.S. A5. 19I.R.C. Prior to the expiration of the Superfund Excise Taxes, a chemical substance that was composed of at least 50% of chemicals listed in IRC section 4662 could be found to be a taxable substance. The money gathered from the taxes was used to fund the clean-up of hazardous waste disposal sites across the United States. discount pricing. Procedures to request an IRS determination to add or remove a substance from the list of taxable substances under Internal Revenue Code Section 4672(a) are in Revenue Procedure 2022-26PDF. At the time of publication of these FAQs, 151 substances are listed as taxable substances. See Notice 2021-66, 2021-52 I.R.B. industry questions. | All Locations, Cherry Bekaert is the brand name under which Cherry Bekaert LLP and Cherry Bekaert Advisory LLC, independently owned entities, provide professional services in an alternative practice structure in accordance with applicable professional standards. There are other exemptions as welle.g., for substances that have a transitory presence during the smelting or refining process, or substances derived from coalbut the IRS has yet to issue specific guidance on procedures for claiming these exemptions, so the best recourse available at the moment is to keep documentation that supports the companys intention to take advantage of applicable exemptions. Various exemptions exist for taxable chemicals. Superfund tax on chemicals. 429 (2021)), effective July 1, 2022, with modifications to the applicable rates of tax and other provisions related to those taxes. 4661. See also section 4661(b) for the tax rate for taxable chemicals. BIPA ALERT: Illinois Supreme Court Opens the Door to Punitive, President Biden to Nominate Julie Su as New Secretary of Labor, The European Unitary Patent: Why Retailers Should Care, New York City Employers Prepare for AI Bias Law [VIDEO], Administration's WOTUS Rule Muddies Jurisdictional Waters. Nothing in the statute or in Notice 2021-66, for example, references manufactured items in the context of taxable substances. Many entities are struggling with its application. ADVANCED! Do not delete! Section 4662(c)(2) provides an additional exemption from tax liability where a company imports a taxable chemical and exchanges that chemical as part of an inventory exchange with another person. (added June 24, 2022), Q7. Chicago | 15I.R.C. The Infrastructure Investment and Jobs Act (the IIJA), signed into law on November 15, 2021, reinstated two environmental excise taxes that had been terminated over twenty-five years ago. The consumer and political goals of reducing Americas dependence on foreign oil, enhancing national security, and greening the economy converge in biobased chemicals and advanced biofuels, the promising technology of producing commercial chemicals and fuels from renewable resources. Home Guidance Superfund Excise Taxes on Chemicals and Substances: How to Prepare. Superfund Chemical Excise Taxes Effective July 1, 2022, excise taxes are reinstated on certain chemicals and imported chemical substances. After more than 25 years, two excise taxes on chemicals and imported hazardous substances were reinstated in the Infrastructure Investment and Jobs Act (Pub. A12. 4661 and the other applying solely to "any taxable substance sold or used" by importers pursuant to 26 U.S.C. The IIJA reinstates the two taxes with several modifications. California Assembly Bill Pushes for Womens Designated Restrooms on Mississippi Legislature Takes Up Pass-Through Entity Election FTC Signals Increased Scrutiny of Technology Sector Through Understanding the Corporate Transparency Act and Ensuring Compliance. First, the Section 4661 chemical excise tax rate was doubled from its prior iteration to a range of $0.44 per ton up to $9.74, depending on how a chemical (from a list of 42) is sold or used. (added June 24, 2022), Q2. Our services include: The reinstatement of the Superfund Excise Taxes will impact companies throughout the country in a wide variety of industries. The Infrastructure Investment and Jobs Act, signed at the end of 2021, reinstates the Superfund chemical excise taxes under Sections 4661 and 4671 of the Internal Revenue Code. A9. Do Issuers Fail To File Form Ds Because They Fear Trolls? The Superfund chemical excise taxes are reported on Form 6627, Environmental Taxes, which is attached to Form 720, Quarterly Federal Excise Tax Return. 14Joint Committee on Taxation, Estimated Revenue Effects of the Provisions in Division H of an Amendment in the Nature of a Substitute to H.R. Importers : Advanced Marketing Compels Trial on Arbitration in a TCPA Health Plans Gag Clause Attestations Due December 31, 2023. The Revenue Reconciliation Act of 1990 further extended the Superfund Excise Taxes through December 31, 1995, after which point the Superfund Excise Taxes expired. This could create a potential liability for downstream users such that the rst company that uses the methane or butane in a manner other than as a fuel will have to report and remit the Superfund Tax. and accounting software suite that offers real-time As discussed above, the list of taxable substances was incorporated into the IRC as a result of SARA, effective in 1989. A Superfund excise tax on chemicals has been signed into law and went into effect on July 1, 2022. It is important for companies to be aware of the existence of this tax, and to evaluate the chemicals and substances they import, to establish whether they owe any excise taxes. Ethylene and propylene may also be exempt, but only when used in the production of fuel (motor fuel, diesel fuel, aviation fuel, or jet fuel). Recent FTC Enforcement Action Merits Cyber Insurance Coverage Review, Two Ways to Redefine & Achieve CRM Success. Manufacturers, producers, or importers that sell or use any of these chemicals must pay a tax of $0.22 to $4.87 per ton, depending on the chemical. That number will likely change as substances are added to or removed from the list of taxable substances pursuant to section 4672(a)(2) or (4). Criminal Referrals and OSHA Violations, Part III: Industry Standards Oregon House Revenue Committee Set to Hear More About Pro-Taxpayer Buying or Selling a Small Business Government Contractor? Section 80201 of the bill would revive long-expired Superfund excise taxes at twice their previous level. corporations. While the majority of the listed chemicals are taxable by the manufacturer or importer upon the rst sale or use, butane and methane only become taxable upon the rst use other than as a fuel. Implications of the revitalized Superfund tax for chemicals has been saved, Implications of the revitalized Superfund tax for chemicals has been removed, An Article Titled Implications of the revitalized Superfund tax for chemicals already exists in Saved items. (added June 24, 2022), Q4. Beginning July 1, 2022, a federal excise tax, commonly referred to as the "Superfund Tax," went into effect. In these cases, the other person would be liable for paying the excise tax, not the initial importer. IRC section 4672 additionally directed importers and exporters to request a determination from the IRS as to whether a specific unlisted chemical substance should be included in the list of taxable substances. 4671(b)(2). Many in the industrial chemical community are unfamiliar with the Superfund excise tax legacy, and the IRS is seemingly unprepared for the learning curve challenge the reactivation of the tax has created. See 40.0-1(c) and 40.6302(c)-1 of the Excise Tax Procedural Regulations. services, Comprehensive Environmental Response Compensation, and Liability Act of 1980 (CERCLA). 17Prop. L. 99-499, approved Oct. 17, 1986. The Superfund Excise Tax is imposed on the manufacturer or importer of the listed chemicals, and the tax becomes due upon the first use or sale in the United States.15. IT'S HAPPENING! Waters of the United States and Winston Churchill. The recent reinstatement of Superfund chemical excise taxes on certain taxable chemicals and specified taxable substances takes effect July 1, 2022, and will be imposed through 2031. Due to the complicated nature of the tax assessments, and the detailed information required, gaps in existing systems and processes may exist. (added June 24, 2022), Q15. President Joe Biden called for reinstating the Superfund taxes as part of his $2 trillion infrastructure proposal . statement, 2019 Strategies for Protecting Standard Essential Department Of Justice Introduces Voluntary Self-Disclosure Policy For Minnesota Supreme Court Clarifies State Law Standards for Severe or Gold Dome Report Legislative Day 25 (2023). The initial list of 50 taxable substances is found in IRC 4672(a)(3). How does a company report the Superfund Chemical Excise Tax? Specifically, sections 4661(a) and 4662(c)(1) impose an excise tax on the sale or use of a taxable chemical by the manufacturer, producer, or importer of the taxable chemical. A Review of the Developing Legal Landscape Surrounding the "Student-Athlete" Debate. When is the first return due? For example, if load of scrap metal contains 50% nickel (taxed at $8.90 per ton) and 20% chromite (taxed at $3.04 per ton), the tax rate would be calculated as: ($8.90 x .50 = $4.45) + ($3.04 x .20 = .61) = $5.06 per ton. See section 4672(a)(1). The amount of the section 4671 tax with respect to any taxable substance is generally the amount of section 4661 tax that would have been imposed on the taxable chemicals used in the manufacture or production of the taxable substance if the taxable chemicals had been sold in the United States for use in the manufacture or production of the taxable substance. 429. The specified. | Agreed Terms of Use 4662(b)(1). These substances consist generally or partially of chemicals listed in Section 4661. on chemicals through 31 December 2031 at double the 1995 rates, when superfund taxes were last implemented. accounting, Firm & workflow If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. The following is an FAQ to help companies get up to speed on what the Superfund Chemical Excise Taxes will require of them. Reg. For taxable chemicals, the manufacturer, producer, or importer of the taxable chemical is responsible for reporting and paying the section 4661 tax to the IRS. This would make the first tax deposit covering thefirst half of July 2022due byJuly 29, 2022. For purposes of claiming refunds under section 4662(e) for section 4661 tax paid on chemicals used in the production of an exported substance, in the case of a petition of an importer or exporter (i) that is filed and accepted by the Secretary before January 1, 2023, (ii) that seeks to add the substance to the list of taxable substances, and (iii) based on which the Secretary adds the substance to the list of taxable substances, both the filing date of the petition and the date the substance is added to the list of taxable substances will be deemed to be July 1, 2022. By this notice, the IRS gave notice of its intent to effect section 80201 (c) (1) of the IIJA, which reinstates the Superfund Chemicals tax effective July 1, 2022. Exemptions from the application of the excise tax are listed atSection 4662(b)of the Tax Code. An official website of the United States Government. Are semimonthly deposits required? Section 4671 imposes tax on the sales or use of imported "taxable substances" made from those taxable chemicals. EEOC Reminds Employers How to Handle Applicants and Employees With UK's PRA Sets Regulatory Priorities for International Banks, FDA Asked to Allow Healthy Claims on Coffee. policy, Privacy November 24, 2021. Please see links for details: Learn more about Superfund Excise Tax changes effective July 1, 2022, including key considerations for dealings with the reinstated Superfund Tax on chemicals and substances. The exemptions identify taxable chemicals that are exempt due to their specific use. Accordingly, the procedural rules in26 C.F.R. The Reinstated Superfund Excise Taxes. Specifically, the statute provides that to qualify as a taxable substance, taxable chemicals listed in IRC section 4662 must constitute more than 50 percent of the weight (or more than 50 percent of the value) of the materials used to produce such substance (determined on the basis of the predominant method of production).10. Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. Each chemical has a specified rate of tax, imposed on a per-ton basis, as identified in Exhibit A. On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act (IIJA), Public Law 117-58, 135 Stat. The rates are listed in IRS release IR-2022-133 (June 24, 2022). Notice 2021-66 suspended the existing procedure inNotice 89-61for an importer or exporter to petition the IRS to add or remove substances from the list, pending the issuance of additional guidance. Statement in compliance with Texas Rules of Professional Conduct. The two most significant excise tax provisions of HR 3684 are (1) reinstatement of the Section 4661 taxes on sales by a taxpayer that manufactures, produces, or imports certain chemicals and (2) reinstatement of Section 4671 taxes on an importer's sale or use of specified substances. The Superfund Excise Tax will go back into effect on July 1 st, 2022, after not being in place for over 26 years. 3684 (Aug. 2, 2021). 11Infrastructure Investment and Jobs Act, Pub. Persons wanting to engage in tax-free sales of intermediate hydrocarbon streams containing organic taxable chemicals and/or conduct tax-free inventory exchanges must be registered by the IRS under Activity Letter G. Persons can apply for registration by filing a Form 637, Application for Registration (For Certain Excise Tax Activities), with the IRS. Part 40regarding filing, deposits, and related procedural issues apply to companies subject to the reinstated Superfund excise taxes. The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. Augusta | DTTL (also referred to as "Deloitte Global") does not provide services to clients. Greenville | Desperate Times, Desperate Measuring Cups FTC Brings Enforcement Trending in Telehealth: February 20 26, 2023, IRS Sets Deadline For Using 401(K) Plan Forfeitures, How Generative AI Generates Legal Issues in the Games Industry, DOJ Announces New Nationwide Voluntary Self-Disclosure Policy. When the IIJA reinstated these two taxes, it doubled the previous rates. Consider the action items above, particularly the last one, making sure the information systems are in place to capture the data needed to comply with this tax. firms, CS Professional SaraBeth Smith 2022 Superfund excise taxes. It is unclear whether and how the statute means to differentiate a substance from an article, and if so, whether the IRS would apply the definition of article under the Toxic Substances Control Act (TSCA). However, the IRS released a number of IRS Notices between 1990 and 1995 concerning taxpayer requests for a determination as to whether a listed chemical substance met the definition of taxable substance. This increased the taxable substances list to more than 100 individual chemical substances. Analyzing and assisting in documenting available exemptions (e.g., certain taxable chemicals used in the production of fuel). The Superfund Tax rate for chemicals range from $048 per ton for nitric acid to $9.74 per ton for Benzene. In addition, exporters of chemicals and substances which were subject to the Superfund Tax can request a refund of the tax previously paid. 4671. WASHINGTON The Internal Revenue Service announced today that it has prescribed tax rates for 121 taxable substances that are subject to the Superfund chemical excise tax imposed by section 4671(a) of the Internal Revenue Code (Code). Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. It is imposed on any taxable chemical sold or used by a manufacturer, producer, or importer on or after July 1, 2022.It also is imposed on any taxable substance sold or used by the importer on or after July 1, 2022.The Superfund Tax funds the Hazardous Substance Superfund Trust Fund . media, Press The excise tax applies to companies that manufacture, produce, or import any of the 42 specific chemicals listed in Section 4661 of the Tax Code, most of them common in consumer products,. When are the new Superfund Chemical Excise taxes due? IRC section 4662 directs the IRS to release guidance as to the appropriate manner of reporting exempt sales or claiming refunds. The Superfund tax is assessed on the manufacturer or importer of these chemicals. Taxable substances are those that contain 20% or more by weight or value of one of the 42 chemicals listed in IRC 4661 (b). In November 2021, President Biden signed the Infrastructure Investment and Jobs Act. Tax is due upon the first use or first sale of a listed chemical in the United States. The Final CCPA Regulations: What You Need To Know, Are College Athletes Students or Employees? Yes. Such exemptions include methane or butane used as a fuel, chemicals used in the production of fertilizer (including nitric acid, sulfuric acid, ammonia, or methane) and substances derived from coal. The taxes are set to be reinstated beginning on July 1, 2022. The relevance of this guidance to the new tax is unclear. Yes. We provide an overview of the origins of the Superfund Excise Tax and take a closer look at the revitalized tax (effective July 1, 2022), as included within the Infrastructure Investment and Jobs Act (the The Infrastructure Bill), signed into law on November 15, 2021.1 Through this lens, we highlight issues to consider in evaluating the Superfund tax on chemicals and chemical substances. The tax on 4661 chemicals is imposed on a rate per ton of taxable chemical and can range from $0.44 to $9.74 per ton. A taxable substance is one that is . Effective July 1, 2022, excise taxes are reinstated on certain chemicals and imported chemical substances. automatically and accurately calculating the amount of excise tax owed. collaboration. Historical reporting requirements for Superfund excise taxes Prior to the expiration of the Superfund excise taxes in 1995, taxpayers were required to register under Form 637, Application for Registration (For Certain Excise Tax Activities), activity letter G (Persons making inventory exchanges of taxable chemicals under section 4662(c)(2) or persons selling or buying Substances may be added or removed from the list of taxable substances at a later date. July 1 is fast approaching and the window to prepare for compliance with the reinstated Superfund Tax is brief. See how we connect, collaborate, and drive impact across various locations. First Offshore Wind Energy Lease Sales in the Gulf of Mexico, Telephone and Texting Compliance News: Litigation Update February 2023. Tax Senior Manager Are there any available exemptions for the Superfund Chemical Excise Taxes? Congress directed the Department of Treasury to publish an additional list of the taxable substances by January 1, 2022. 7Superfund Amendments and Reauthorization Act of 1986, Pub. They're expected to generate $14.4 billion of revenue in total, or about $1.2 billion annually, the report said. Substances By January 1, 2022 ), Q7 ) of the tax paid... Two taxes with several modifications filing, deposits, and Liability Act of (! Environmental Response Compensation, and related Procedural issues apply to companies subject to the Superfund taxes as part of deal! Legal or professional advice, kindly contact an attorney or other suitable advisor... Taxes will require of them covering thefirst half of July 2022due byJuly 29, 2022, excise taxes listed 4662... In documenting available exemptions for the tax owed to fund the clean-up of hazardous disposal. Used in the production of fuel ) imposes tax on the manufacturer or importer of faqs... For example, references manufactured items in the United States How we connect, collaborate, and Procedural! And went into effect on July 1, 2022 the rates are listed atSection 4662 ( b ) of taxable! Previously paid compliance News: Litigation update February 2023 ( c ) -1 of the owed... Update has been issued to date, however Act of 1986, Pub to Prepare for compliance the! Academy of Motion Picture Arts and Sciences Bylaws July 1, 2022 TCPA Health Plans Gag Clause due! Irs to release guidance as to the Superfund excise taxes infrastructure Investment and Jobs Act country in a variety. Taxes will require of them require of them of the tax previously paid Trial. Long-Expired Superfund excise tax on the manufacturer or importer of these faqs, 151 substances are listed taxable... 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Enforcement Action Merits Cyber Insurance Coverage Review, two Ways to Redefine & Achieve CRM Success tax Code )! Company report the Superfund chemical excise tax, will likely be used again to report the tax rate chemicals! Tax Senior Manager are there any available exemptions for the Superfund chemical excise tax on the or... Fuel ) into law and went into effect on July 1, 2022 directs the IRS to guidance... Tax, not the initial list of the tax Code ( added June 24, 2022, excise taxes set... This guidance to the appropriate manner of reporting exempt sales or use of imported & quot taxable! Guidance as to the Superfund taxes as part of his $ 2 trillion infrastructure proposal the new tax due! The taxes was used to report the tax previously paid law and went into effect on July 1 2022. Agreed Terms of use 4662 ( b ) of the excise tax the Investment... May exist taxes at twice their previous level chemical tax to clean up toxic sites new. 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