PolicyBrief
H.R. 8600
119th CongressApr 30th 2026
To amend the Internal Revenue Code of 1986 to temporarily suspend certain fuel excise taxes for fuel separated during periods in which the national average price of gasoline exceeds $3.99 per gallon, and to prohibit certain credits or deductions for oil and gas companies during such periods.
IN COMMITTEE

This bill temporarily suspends the federal gasoline excise tax when prices exceed \$3.99 per gallon while simultaneously prohibiting certain tax deductions and credits for oil and gas companies during those periods.

Brendan Boyle
D

Brendan Boyle

Representative

PA-2

LEGISLATION

Gas Tax Relief Tied to Price Spikes: When Gas Hits $3.99, Your Wallet Gets a Break, But Oil Companies Lose Tax Perks

Ever feel like gas prices jump faster than your paycheck? This new bill aims to give your wallet a little breathing room when gas gets painfully high. We're talking about a temporary pause on the federal gasoline excise tax, but only when the national average price of gas climbs above $3.99 per gallon. Think of it like this: if gas hits $4.99, that federal tax gets slashed by a dollar, potentially saving you some cash at the pump. This isn't just a freebie, though; the government plans to refill the Highway Trust Fund and the Leaking Underground Storage Tank Trust Fund from its general coffers to make sure road repairs and environmental cleanups don't get short-changed. This whole setup kicks in for tax years starting after December 31, 2025.

The Pump Price Pause: How It Works

When gas prices spike, every penny counts. This legislation directly tackles that by amending Section 4081 of the Internal Revenue Code. The idea is simple: if the national average price of gasoline pushes past $3.99 per gallon, the federal excise tax on that fuel gets reduced. The reduction amount isn't fixed; it's dynamic. For every cent the average price exceeds $3.99, the tax drops by a cent. So, if gas hits, say, $4.50, the tax goes down by 51 cents. This could offer some noticeable relief for commuters, delivery drivers, and anyone else who relies on their vehicle for work or daily life, easing the sting of those higher prices.

Trust Funds Get a Top-Up

Now, you might be thinking, "If they cut the gas tax, where does the money for roads and bridges come from?" Good question. The bill has a plan for that. It requires the Secretary of the Treasury to transfer money directly from the general fund—that's basically the government's main checking account—to both the Highway Trust Fund and the Leaking Underground Storage Tank Trust Fund. This move is designed to ensure that crucial infrastructure projects, from fixing potholes to maintaining environmental safeguards, don't lose out on funding just because gas prices are high. It's an attempt to keep the system whole, even as consumers get a break.

Oil and Gas Companies Face a Tax Time-Out

Here’s where things get interesting for the energy sector. During any month when that gasoline tax suspension is active, certain tax benefits for oil and gas companies hit the pause button. Specifically, they won't be able to deduct "intangible drilling costs" under Section 263(c), claim the "enhanced oil recovery credit" under Section 43, or use the "marginal well credit" under Section 45I(d). For a small independent driller, losing these deductions and credits, even temporarily, could impact their bottom line and investment decisions. It’s a direct move to shift some of the financial burden during high-price periods from consumers to the companies producing the fuel, though it could also make some projects less attractive for development.