26 U.S.C. § 4043
Surtax on fuel used in aircraft part of a fractional ownership program
United States · Title 26 — INTERNAL REVENUE CODE · Status: effective
Cite this
- Citation
- 26 U.S.C. § 4043, Surtax on fuel used in aircraft part of a fractional ownership program, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/463355
- Permanent ID
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Full text
There is hereby imposed a tax on any liquid used (during any calendar quarter by any person) in a fractional program aircraft as fuel—
The rate of tax imposed by subsection (a) is 14.1 cents per gallon.
For purposes of this section—
The term “fractional program aircraft” means, with respect to any fractional ownership aircraft program, any aircraft which—
The term “fractional ownership aircraft program” means a program under which—
with respect to at least 2 fractional program aircraft, none of the ownership interests in such aircraft are—
The term “qualified fractional owner” means any fractional owner which has a minimum fractional ownership interest in at least one fractional program aircraft.
The term “minimum fractional ownership interest” means, with respect to each type of aircraft—
The term “fractional ownership interest” means—
The term “fractional owner” means any person owning any interest (including the entire interest) in a fractional program aircraft.
The term “dry-lease aircraft exchange” means an agreement, documented by the written program agreements, under which the fractional program aircraft are available, on an as needed basis without crew, to each fractional owner.
For purposes of subsection (a), a fractional program aircraft shall not be considered to be used for the transportation of a qualified fractional owner, or on account of such qualified fractional owner, when it is used for flight demonstration, maintenance, or crew training.
A fractional program aircraft shall not be considered to be used on account of a qualified fractional owner when it is used in deadhead service and a person other than a qualified fractional owner is separately charged for such service.
This section shall not apply to liquids used as a fuel in an aircraft after September 30, 2028.
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- FAA Modernization and Reform Act of 2012
- FAA Reauthorization Act of 2018House: no recorded tallySenate: no recorded tally
- Continuing Appropriations Act, 2024 and Other Extensions Act
- Airport and Airway Extension Act of 2023, Part IIHouse: 376–15Senate: no recorded tally
- Airport and Airway Extension Act of 2024House: 401–19Senate: no recorded tally
- FAA Reauthorization Act of 2024