[Code of Federal Regulations]
[Title 26, Volume 16]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR41.4481-1]

[Page 13-15]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 41_EXCISE TAX ON USE OF CERTAIN HIGHWAY MOTOR VEHICLES--Table of Contents
 
         Subpart B_Tax on Use of Certain Highway Motor Vehicles
 
Sec. 41.4481-1  Imposition of tax.


    (a) In general. Tax is imposed on the use during a taxable period of 
any registered highway motor vehicle that (together with the 
semitrailers and trailers customarily used in connection with highway 
motor vehicles of the same type as such highway motor vehicle) has a 
taxable gross weight of at least 55,000 pounds.
    (b) Rate of tax. For the rate of tax generally, see section 4481(a). 
For the rate of tax for certain vehicles used in logging, see section 
4483(e). For the rate of tax for certain vehicles base-plated in Canada 
or Mexico, see section 4483(f). For a special rule for the taxable 
period in which the tax terminates, see section 4482(d).
    (c) Computation of tax. (1) Except as provided in paragraph (c)(2) 
of this section, the tax on the use of a particular highway motor 
vehicle for a taxable period is computed as follows:
    (i) For vehicles with a taxable gross weight of at least 55,000 
pounds, but not over 75,000 pounds, add to $100 an amount equal to $22 
for each 1,000 pounds (or fraction thereof) in excess of 55,000 pounds; 
and
    (ii) For vehicles with a taxable gross weight over 75,000 pounds, 
the tax is $550.
    (2) If the first taxable use of a particular highway motor vehicle 
is made

[[Page 14]]

after the first month of the taxable period, the tax on the use of such 
vehicle for such taxable period is computed by multiplying the amount of 
tax that would be due for a full taxable period as computed under 
paragraph (c)(1) of this section, by a fraction. Such fraction shall 
have as its numerator the number of months in the taxable period 
beginning with the month of first taxable use and as its denominator the 
number of months in the entire taxable period. For purposes of 
determining the fraction, any part of a month is counted as a full 
month. (See example (2) of paragraph (e) of this section.)
    (3) If the taxable gross weight of a vehicle increases during the 
month in which the vehicle is first used in a taxable period, the tax 
for the vehicle for the taxable period is computed on the basis of the 
increased weight. If the taxable gross weight of a vehicle increases 
after the month in which the vehicle was first used in a taxable period, 
the additional tax liability, if any, that results from the increased 
weight is calculated according to the following formula:
[GRAPHIC] [TIFF OMITTED] TC14NO91.110

where:

T1 = Tax imposed for a full taxable period (or partial 
taxable period as determined under paragraph (c)(2) of this section) at 
the vehicle's previously reported taxable gross weight.
T2 = Tax imposed for the same taxable period as used in 
T1 at the vehicle's increased taxable gross weight.
P = The number of months in the taxable period during which the 
vehicle's taxable gross weight was as previously reported for such 
taxable period. This number does not include the month in which the 
vehicle's taxable gross weight increased.
R = The number of months remaining in the taxable period including the 
month in which the vehicle's taxable gross weight was increased.


If tax was imposed for a partial taxable period as determined under 
paragraph (c)(2) of this section, the additional tax is determined by 
substituting the number of months in such partial taxable period for 
``12'' in the above formula.

    (4) If in any taxable period the taxable gross weight of a highway 
motor vehicle is decreased, the computation of tax is not affected and 
no right to credit or refund of any tax paid under section 4481 arises.
    (5) If in any taxable period a highway motor vehicle is destroyed or 
stolen before the first day of the last month in the taxable period, and 
is not subsequently used during such taxable period, the tax shall be 
calculated proportionately from the first day of the month in the period 
in which the first taxable use of the highway motor vehicle occurs to 
and including the last day of the month in which the highway motor 
vehicle was destroyed or stolen. Any tax paid under section 4481(a) on 
such a highway motor vehicle in excess of the tax calculated in the 
preceding sentence, shall be an overpayment for which a credit or refund 
of tax may be claimed. For purposes of this paragraph (c)(5), a highway 
motor vehicle is destroyed if the vehicle is damaged due to an accident 
or other casualty to such an extent that it is not economical to 
rebuild.
    (6) If the use of a highway motor vehicle during the taxable period 
is discontinued (for reasons other than destruction or theft as 
described in paragraph (c)(5) of this section) or is converted to a use 
which is exempt from the tax imposed by section 4481(a), the computation 
of the tax is not affected and no right to a credit or refund of any tax 
paid under section 4481 arises.
    (d) Credit or refund of tax under section 4481(a). (1) Any claim for 
refund of an overpayment of tax under section 4481(a) due to destruction 
or theft of the vehicle shall be made in accordance with the applicable 
provisions of this section and Sec. 301.6402-2 (Regulations on 
Procedure and Administration) and shall be filed by the person in whose 
name the vehicle is registered or required to be registered when the 
vehicle is destroyed or stolen. A claim for refund of the tax imposed by 
section 4481(a) is to be filed on Form 8849 (or such other form as the 
Commissioner may designate).
    (2) Any person entitled to claim a refund of tax under paragraph 
(d)(1) of this section may, in lieu of claiming a refund of such tax, 
claim a credit for such tax on the next Form 2290 required to be filed.

[[Page 15]]

    (e) Examples. The application of section 4481 and this section may 
be illustrated by the following examples:

    Example (1). In the taxable period beginning July 1, 1984, the first 
taxable use of a particular highway motor vehicle, a bus, having a 
taxable gross weight of 56,000 pounds, occurs on July 10, 1984, at which 
time the vehicle is registered in the name of X. A tax of $122 
($100+$22) is imposed on X for the use of such vehicle for such taxable 
period.
    Example (2). On July 1, 1984, X has registered in his name a highway 
motor vehicle having a taxable gross weight of 60,000 pounds. The 
vehicle is in ``dead storage'' until August 10, 1984, at which time X 
starts using the vehicle on the public highways in carrying on his 
trucking business. On August 10, 1984, the vehicle is still registered 
in X's name. Since the first taxable use of this highway motor vehicle 
during the taxable period occurred on August 10, 1984, X is required to 
pay a tax of $192.50 ([$100+(5x$22)]x11/12) for such taxable period.
    Example (3). On April 15, 1985, a vehicle with a taxable gross 
weight of 70,000 pounds and registered in the name of Y is completely 
destroyed. Y had purchased the vehicle from X who had paid the tax for 
the taxable period beginning July 1, 1984. Y is entitled to a refund of 
tax for those full months after destruction in the taxable period ending 
June 30, 1985. Thus, Y may file a claim for a refund of $71.67--2/12 of 
the total tax of $430 ($100+(15x$22)).


[T.D. 8027, 50 FR 21246, May 23, 1985, as amended by T.D. 8159, 52 FR 
33584, Sept. 4, 1987; T.D. 8177, 53 FR 6626, Mar. 2, 1988; T.D. 8879, 65 
FR 17153, Mar. 31, 2000]