Superfund Tax Exemptions
Superfund Tax Exemptions
What Are Superfund Taxes?
The word “Superfund” denotes chemical excise taxes imposed by the Internal Revenue Service (IRS) on specific chemicals and substances manufactured domestically or imported from other countries. Superfund was brought back into effect with an increase in the tax rate on chemicals as well as a significant increase in the number of substances that were subject to the tax.
This was done so that the provisions of the Infrastructure Investment and Jobs Act, which is also known as the Bipartisan Infrastructure Bill, could be paid for. Consequently, businesses, both big and small, that manufacture or import the chemicals or substances in question are hit with increased expenses.
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was passed between 1980 and 1986. This was the first step. Because of this law, there is now a government “Superfund” responsible for cleaning up hazardous waste sites and any accidents, spills, or other unexpected releases of contaminants and pollutants into the environment.
The name “Superfund” excise tax on chemicals grew to be popularly used to refer to this program over time. The Superfund Amendments and Reauthorization Act (SARA) of 1986–1995 broadened the program’s application.
How to Understand Superfund Law?
On November 15, 2021, President Trump signed the Infrastructure Investment and Jobs Act, which contained the reauthorization of the Superfund program (Public Law 177-58). The reauthorization increased the maximum amount that could be contributed to the trust fund, increased the tax rates that apply to taxable chemicals, and greatly expanded the list of taxable compounds.
In addition to the fundamental feedstocks explicitly named in the statute as subject to the Superfund levy, several other categories of chemicals fall into this category. Products that use taxable chemicals in their construction are considered taxable substances.
To be determined by the weight or value of the contained taxable chemical, charges will be assessed without a definitive list of taxable substances and accurate rates. (It’s worth noting that the business wants the IRS to set a “fixed rate” based on an understanding between the IRS and the business, but it’s unclear whether the IRS will comply with this request.)
Alternatively, a 10% tariff on the whole value of the item might be a financial obligation. If the new chemicals weigh more than 20% or have a higher value than the taxable chemical already present, they can be included.
Can You Find Superfund Tax Exemptions?
There are exemptions available for certain taxable substances and chemicals that are transported and for chemicals and substances used in specific types of fuel, animal feed, and fertilizer. Methane and butane, for instance, are exempted if they are used as fuel but NOT if they are utilized for another reason.
There are additional exemptions, such as those for materials that have a “transient presence” during the smelting or refining procedure or materials made from coal, but the IRS has not yet provided specific guidance on how to claim these exemptions. For the time being, the best option is to preserve documentation that demonstrates the company’s intention to use the relevant exemptions.