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Can you reduce or offset your federal oil spill tax liability?
10-28-2024

Can you reduce or offset your federal oil spill tax liability?

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In this blog, you’ll learn what the federal oil spill tax is, who is responsible for paying it, and effective strategies for reducing the amount you owe. We’ll also cover the various exemptions available for this environment excise tax, helping you better understand how this tax impacts businesses and how you can potentially lower your federal oil spill tax obligations.

What is the Federal Oil Spill Tax?

The federal oil spill tax, often called the Petroleum Oil Spill Tax, is a levy on both imported petroleum products and domestically produced crude oil. This tax is designated to support the Oil Spill Liability Trust Fund, which provides resources for oil spill cleanup and environmental restoration. Currently, the tax rate is set at $0.09 per barrel.

Who Pays Federal Oil Spill Tax?

The federal oil spill tax is primarily paid by refiners and importers of petroleum products. This includes companies that handle crude oil, gasoline, and other petroleum-based goods. The tax applies when these products are entered for consumption, use, or warehousing within the United States. Businesses involved in these activities are responsible for calculating and remitting the tax as part of their operational costs.

Can you reduce federal oil spill tax liability?

Yes, there are several ways to potentially reduce federal oil spill tax liability, primarily through applying exemptions and specific rules:

Deposit Safe Harbor Rule: This rule offers flexibility for estimated tax payments. If you meet certain conditions, the IRS may waive or reduce penalties for underpayment. No penalty applies if:

  • You pay at least 90% of the tax you owe for the current year or 100% of the tax you owed for the previous year, or

  • You owe less than $1,000 after accounting for withholding and credits.

Learn more about the Deposit Safe Harbor rule on the IRS website.


Natural Gasoline Receipt for Ethanol Producers: Ethanol producers may not owe the oil spill tax if they can demonstrate that the natural gasoline used as a denaturant was first received by a U.S. refinery.

Deductible Barrels: If you’ve already paid the Oil Spill Prevention and Administration (OSPA) fee, you can deduct those barrels on your CDTFA-501-OA return, provided you retain fee documentation for at least four years.

Bonded Jet Fuel Exclusion: Jet fuel designated for international flights (bonded jet fuel) is exempt from the oil spill tax.


Oil Sands Derived from Crude Oil: According to a 1980 House committee report regarding the Oil Spill Liability Trust Fund (OSLTF) tax, "crude oil" does not include synthetic petroleum products, such as shale oil, liquids from coal, tar sands, biomass, or refined oil. Based on this clarification, the IRS determined that crude oil derived from oil sands is not subject to the OSLTF excise tax. This exemption can be beneficial for companies involved in the production or import of oil sands-derived crude oils, as they do not incur this specific tax.

For more details on this provision, you can refer to the full report from the Congressional Research Service here.

Other Tax Exemptions: Additional exemptions are available under specific conditions, including those outlined by various tax authorities. Explore these exemptions in detail here.


For more insights on these potential reductions, including how to file or qualify, consult the respective IRS and other resource links provided above.

To learn more about the filing process and specific requirements, check out our detailed blog on how to file the federal oil spill tax.

WRAP:

By the end of this blog, you’ll have a comprehensive understanding of what the federal oil spill tax is, who is responsible for paying it, and the various exemptions that may be available to help reduce the amount you owe. This guide will equip you with valuable insights into managing and potentially lowering your oil spill tax rate.


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