Treasury Regulations (26 C.F.R.)

26 CFR § 48.6421-5

Exempt sales; other payments or refunds available.

Official textecfr.govlast amended

# (a) Exempt sales.

No credit or payment shall be allowed or made under § 48.6421-1 or § 48.6421-2 with respect to gasoline which was exempt from the tax imposed by section 4081. For example, credit or payment may not be allowed or made with respect to gasoline purchased tax free for use as supplies for certain vessels and airplanes, or with respect to gasoline purchased by a State tax free for its exclusive use, as provided in section 4221.

# (b) Other payments or refunds available.

Any amount which, without regard to the second sentence of section 6421(e)(1) and this paragraph (b), would be allowable as a credit or payable to any person under § 48.6421-1 or § 48.6421-2 is reduced by any other amount which is allowable as a credit or payable under section 6421, or is refundable under any other provision of the Code, to any person with respect to the same gasoline.

# (c) Gasoline used on farms.

Payments with respect to gasoline used on a farm for farming purposes shall be claimed under section 6420 and § 48.6420-1, and no claim in respect of that gasoline may be made under section 6421 and the regulations thereunder.

[T.D. 8043, 50 FR 32042, Aug. 8, 1985]

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In this part (40 sections)
  1. 48.6416(b)(2)-1 · (b)(2)-1 Certain exportations, uses, sales, or…
  2. 48.6416(b)(2)-2 · (b)(2)-2 Exportations, uses, sales, and resales…
  3. 48.6416(b)(2)-3 · (b)(2)-3 Supporting evidence required in case of…
  4. 48.6416(b)(2)-4 · (b)(2)-4 Supporting evidence required in case of…
  5. 48.6416(b)(3)-1 · (b)(3)-1 Tax-paid articles used for further…
  6. 48.6416(b)(3)-2 · (b)(3)-2 Further manufacture included.
  7. 48.6416(b)(3)-3 · (b)(3)-3 Supporting evidence required in case of…
  8. 48.6416(b)(5)-1 · (b)(5)-1 Return of installment accounts causing…
  9. 48.6416(c)-1 · (c)-1 Credit for tax paid on tires or, prior to January…
  10. 48.6416(e)-1 · (e)-1 Refund to exporter or shipper.
  11. 48.6416(f)-1 · (f)-1 Credit on returns.
  12. 48.6416(h)-1 · (h)-1 Accounting procedures for like articles.
  13. 48.6420-1 · Credits or payments to ultimate purchaser of gasoline used…
  14. 48.6420-2 · Time for filing claim for credit or payment.
  15. 48.6420-3 · Exempt sales; other payments or refunds available.
  16. 48.6420-4 · Meaning of terms.
  17. 48.6420-5 · Applicable laws.
  18. 48.6420-6 · Records to be kept in substantiation of credits or payments.
  19. 48.6420(a)-2 · (a)-2 Gasoline includible in claim.
  20. 48.6421-0 · Off-highway business use.
  21. 48.6421-1 · Credits or payments to ultimate purchaser of gasoline used…
  22. 48.6421-2 · Credits or payments to ultimate purchasers of gasoline used…
  23. 48.6421-3 · Time for filing claim for credit or payment.
  24. 48.6421-4 · Meaning of terms.
  25. 48.6421-5 · Exempt sales; other payments or refunds available.
  26. 48.6421-6 · Applicable laws.
  27. 48.6421-7 · Records to be kept in substantiation of credits or payments.
  28. 48.6427-0 · Off-highway business use.
  29. 48.6427-1 · Credit or payments to purchaser of special fuels resold or…
  30. 48.6427-2 · Credits or payments to purchaser of diesel or special motor…
  31. 48.6427-3 · Time for filing claim for credit or payment.
  32. 48.6427-4 · Applicable laws.
  33. 48.6427-5 · Records to be kept in substantiation of credits or payments.
  34. 48.6427-6 · Limitation on credit or refund of tax paid on fuel used in…
  35. 48.6427-8 · Diesel fuel and kerosene; claims by ultimate purchasers.
  36. 48.6427-9 · Diesel fuel and kerosene; claims by registered ultimate…
  37. 48.6427-10 · Kerosene; claims by registered ultimate vendors (blocked…
  38. 48.6427-11 · Kerosene; claims by registered ultimate vendors (blending).
  39. 48.6435-1T · Dyed fuel refund.
  40. 48.6715-1 · Penalty for misuse of dyed fuel.
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