(All oil and almost all hazardous substances are products of the oil industry, chemical and allied industries, and heavy metals industries. Tax is due upon the first use or first sale of a listed chemical in the United States. Exemptions are available for some exported taxable chemicals and substances, as well as for chemicals/substances used in certain kinds of fertilizer, animal feed, and fuel. 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. President Joe Biden called for reinstating the Superfund taxes as part of his $2 trillion infrastructure proposal . The Superfund excise taxes are set to expire at the end of 2031. The return of the Superfund excise tax on chemicals affects taxpayers that manufacture, produce, or import certain chemicals, as it imposes an excise tax on the sale of 42 specific chemicals listed in Section 4661 of the tax code, including ammonia, butane, benzene, mercury, and other common products. L. 99-499, approved Oct. 17, 1986. The excise tax applies to companies that manufacture, produce, or import any of the 42 specific chemicals listed inSection 4661of the Tax Code, most of them common in consumer products, including ammonia, butane, benzene, and mercury. (added June 24, 2022), Q6. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials. 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 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. Technology/systems impacts 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. See questions 4-5 for more information on taxable substances and questions 7-9 for more information on calculating the tax imposed by section 4671 (section 4671 tax). All Rights Reserved. (added June 24, 2022), Q14. 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. Does the Supreme Court have the stomach to tackle the super fun SECs Pay vs. California Law May Limit Hospitals Ability to Adopt The Joint Ankura CTIX FLASH Update - February 28, 2023, Ankura Cyber Threat Investigations and Expert Services. The entities falling under the Cherry Bekaert brand are independently owned and are not liable for the services provided by any other entity providing services under the Cherry Bekaert brand. The Act also doubles the tax rate on chemicals or chemical products and expands the reach of the tax. See Terms of Use for more information. On Aug. 16, 2022, the Inflation Reduction Act (IRA) reinstated a third excise tax, the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. Matt Levin Jul 2, 2021. The taxes, which should go in effect on 1 July 2022, are estimated to raise approximately $14.45bn over a 10-year period The New York City Council Sets its Sights on Non-Profit Housing DOJ Announces New Voluntary Self-Disclosure Policy for U.S. Attorney Supreme Court: Salary, Not Daily Pay, Required for FLSA Overtime Time Is Money: A Quick Wage-Hour Tip on the Tip Credit, EDPB issues its Opinion on the EU-U.S. Data Privacy Framework, Hunton Andrews Kurths Privacy and Cybersecurity. The U.S. Environmental Protection Agency (EPA) administered the expenditures and used the funds to clean up hazardous waste sites around the United States. services, Comprehensive Environmental Response Compensation, and Liability Act of 1980 (CERCLA). Taxable substances are those substances listed in either section 4672(a)(3) of the Code or Notice 2021-66. Providence | Friday Development: New Sanctions and Export Controls to Address Weekly IRS Roundup February 20 February 24, 2023, Everything to Know About Unbundled Legal Services. There are two separate Superfund chemical excise taxes: a tax on the sale or use of "taxable chemicals" under section 4661 of the Internal Revenue Code and a tax on the sale or use of imported "taxable substances" under section 4671 (all section references are to the Internal Revenue Code unless otherwise stated). The Infrastructure Investment and Jobs Act lowered this threshold to 20%. IRS issues Superfund Chemical Excise Taxes FAQs FS-2022-31, June 2022 The Infrastructure Investment and Jobs Act (IIJA) reinstated the excise taxes imposed on certain chemicals and imported chemical substances under Internal Revenue Code sections 4661 through 4672 beginning July 1, 2022. Houston | The applicable rates of tax and related provisions are also modified since the expiration of these taxes in 1995 (Infrastructure Investment and Jobs Act, November 15, 2021). There are three ways to arrive at a tax determination for the Superfund Tax: 2. Tax is due upon the first use or first sale of a listed chemical in the United States. Companies opting for the latter run the risk, however, of incurring penalties, should the IRS adopt a different view. The JCT estimated that the proposal would increase revenues by approximately $38.4 billion over a 10-year period. What Is the Difference Between a Grandfathered and a Grandmothered Health Plan? Confidentiality and Non-Disparagement Agreements with Non-Supervisory USCIS Confirms It Will Accept Employment-Based I-485 Applications New Jersey Enacts Bill of Rights for Temporary Workers, DOJ Implements Nationwide Voluntary Self-Disclosure Program. Notice 2022-15 provides temporary relief from the failure-to-deposit tax penalty. Companies responsible for collecting and remitting the excise tax will need to identify the source system to capture the transactional and master data for applicable transactions, and assess what data elements are captured and how to obtain necessary reports to support compliance filing. Accordingly, a manufacturer, producer, or importer of a taxable chemical is subject to the section 4661 tax on the sale or use of the taxable chemical on or after July 1, 2022. The Reinstated Superfund Excise Taxes. The Superfund Excise Tax will go back into effect on July 1 st, 2022, after not being in place for over 26 years. 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. corporations. July 1 is fast approaching and the window to prepare for compliance with the reinstated Superfund Tax is brief. statement, 2019 However, the first deposit of Superfund Tax is due as early as July 29, 2022. At Deloitte, our purpose is to make an impact that matters by creating trust and confidence in a more equitable society. . The IIJA reinstates the two taxes with several modifications. Any later updates or modifications to these FAQs will be dated to enable taxpayers to confirm the date on which any changes to the FAQs were made. 9See I.R.C. Everyone loves infrastructure, but it pays to read the fine print. . financial reporting, Global trade & 1Investment and Jobs Act, Pub. Taxable substances are those that contain 20% or more by weight or value of one of the 42 chemicals listed in IRC 4661 (b). This Superfund Tax is assessed only on importers of taxable substances and is due upon the first sale or the first use after import into the United States. automatically and accurately calculating the amount of excise tax owed. Certain services may not be available to attest clients under the rules and regulations of public accounting. The section 4661 tax is imposed as a rate per ton of a taxable chemical. Pending further guidance, the previously published tax rates, adjusted for the IIJA increases, and the examples outlined in Notice 89-61 could be helpful in calculating the tax on taxable substances and the potential tax exposure if a substance is subsequently added to the list. US Executive Branch Update February 27, 2023. 4672(b)(1). Inferences, however, can be made from the absence of any mention in the law. As discussed above, the list of taxable substances was incorporated into the IRC as a result of SARA, effective in 1989. This Week in 340B: February 21 27, 2023. Litigation Setback for Employers Under Illinois Biometric Information Senate Committee Holds Hearing on Future of Low Carbon Transportation North Carolina Senate Passes Compassionate Care Act at Exactly 4:20 States and Feds Signal Big Changes to Telehealth Prescribing. This direct tax hike on American producers would result in higher prices for consumers, threaten thousands of jobs, and undermine domestic . Arizona Gets to Keep Its State-Operated Workplace Safety and Health Manufacturers Legal Considerations for Staffing Reductions, PCAOB Enforcement Activity Up Sharply in 2022. Internal Revenue Code (IRC) section 4671 thereby imposed the same tax on imported substances as was already included in the cost of domestically purchased substances. The "Superfund Tax" is comprised of two separate taxesone covering the sale or use of taxable chemicals "by the manufacturer, producer, or importer thereof" pursuant to 26 U.S.C. The specified. Because these FAQs have not been published in the Internal Revenue Bulletin, they will not be relied on or used by the IRS to resolve a case. Heard on: Revenue from a new excise tax on chemicals like Benzene and Mercury would go . | Privacy Policy It is important for companies to engage in early conversations with procurement, contracting, IT, and other internal departments to identify and assess their exposure and potential gaps in data gathering. How are substances added to or removed from the list of taxable substances? Assisting with filing the federal excise tax returns and semi-monthly deposit reporting. Heres how to analyze the implications and plan now for the revitalized Superfund Excise Tax. Exporters Your online resource to get answers to your product and As part of the Infrastructure Investment and Jobs Act signed into law November 15, 2021, the Superfund Excise Taxes go into effect July 1, 2022. Additionally, Form 6627, Environmental Taxes, was previously used to report the Superfund Excise Taxes when the taxes were last in effect, and this form will be used again to report the taxes owed. chrigong@deloitte.com. ONESOURCE Determination gives companies the ability to quickly comply with Superfund Excise and Hazardous Substance taxes by automatically and accurately calculating the amount of excise tax owed. 4671. Since the Superfund excise tax expired almost three decades ago, the industrial chemical communitys familiarity with their application is attenuated at best. Second, an importer or exporter of a substance (or other interested person) can petition the Secretary to add the substance to or remove the substance from the list of taxable substances. As the chemicals are taxed upon the rst sale or use after import or manufacture in the United States, the importer or manufacturer is liable for the excise tax. Analyzing transactional and master data gaps given existing company system capability and data quality. South Florida | Some deposit amount is still required by July 29 to satisfy the relief provisions set out in Notice 2022-15. Corporate In addition, most hazardous wastes are produced by these industries or as a result of using products from these industries. 429, Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), How Modern Manufacturing Plants Can Protect Against Ransomware, Cyberattacks, FTC Will Host May 23, 2023, Workshop on Recyclable Claims and the Green Guides. 2Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), Pub. The list of 42 chemicals and their respective excise tax rates is found in Internal Revenue Code (IRC) 4661(b). Even companies that have been on the market for decades may not have many employees who were around when the previous excise tax applied. It states that it was Congress intent that taxable substances only include chemicals that are intended for further chemical conversion. The Final CCPA Regulations: What You Need To Know, Are College Athletes Students or Employees? Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Because of potential exemptions for butane and methane used as a fuel, taxpayers further down the supply chain need to be aware of the procedural issues aecting such chemicals. With Congresss commitment to advanced biofuels found in the 2007 Energy Independence and Security Act, compelling incentives to invest in and support growth of biotechnologies has spurred record production You are responsible for reading, understanding and agreeing to the National Law Review's (NLRs) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. Analyzing Superfund Excise Tax calculations and reporting requirements based on a companys unique business scenario. ADVANCED! When the owner or operator was not identified, or the site cleanups needed to be expedited, financing for the cleanup was to be provided by the Superfund. For example, methane or butane used as a fuel, or nitric acid, sulfuric acid, ammonia, or methane used in production of fertilizer are exempt. A semimonthly period is the first fifteen (15) days of a calendar month or the portion of a calendar month following the 15th day of the month. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited, a UK private company limited by guarantee ("DTTL"), its network of member firms, and their related entities. A list of taxable chemical substances and procedures for the reinstated Superfund chemical taxes are in Notice 2021-66. Raleigh | environment open to Thomson Reuters customers only. Are semimonthly deposits required? Various exemptions exist for taxable chemicals. 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). Chemical tax to clean up toxic sites gets new life as part of infrastructure deal. White House Reviewing Proposed Regulations on Reinstated Superfund You Dont Need a Machine to Predict What the FTC Might Do About Is It Compensable? Data gaps given existing company system capability and data quality ( b.. On chemicals like Benzene and Mercury would go for decades may not be available attest... Opting for the Superfund taxes as part of his $ 2 trillion infrastructure proposal absence of mention. And Plan now for the Superfund excise tax returns and semi-monthly deposit reporting it States it... 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