PolicyBrief
S. 1111
119th CongressMar 25th 2025
A bill to amend the Internal Revenue Code of 1986 to allow for payments to certain individuals who dye fuel, and for other purposes.
IN COMMITTEE

This bill allows certain individuals who dye fuel to receive payments from the Treasury for taxes previously paid on that fuel.

Ron Johnson
R

Ron Johnson

Senator

WI

LEGISLATION

New Bill Proposes Direct Payments for Handlers of Tax-Exempt Dyed Fuel

This bill tweaks the tax rules for folks handling specific types of diesel fuel and kerosene. It sets up a system for individuals who remove eligible, indelibly dyed fuel from a terminal to get a direct payment from the U.S. Treasury. The payment would equal the fuel tax already paid (under Internal Revenue Code section 4081), provided the fuel qualifies for tax exemption, like fuel used for farming or other off-road purposes (under section 4082(a)). Essentially, it's about getting the tax money back more directly for fuel that isn't used on highways.

Clearing Up the Dyed Fuel Tax Tab

So, why dye fuel? It's usually marked with dye to show it's exempt from certain taxes, typically because it's destined for off-road use (think tractors, construction equipment, generators). Sometimes, tax might be paid when the fuel is first removed from a terminal, before it's dyed and designated for tax-exempt use. This bill aims to streamline how handlers get that tax money back. Instead of potentially navigating complex credit systems, Section 1 proposes a direct payment from the Treasury for the tax amount originally paid on fuel that is later proven to be tax-exempt and properly dyed.

How It Works and When

The process outlined involves removing the eligible dyed fuel, meeting the tax-exempt criteria under section 4082(a), and then applying for the payment reflecting the tax paid under section 4081. The bill also makes some technical updates, amending related Internal Revenue Code sections (6206, 6430, and 6675) to ensure consistency by referencing the new payment provision (section 6434). If enacted, these changes wouldn't kick in immediately; they apply to fuel removed 180 days or more after the bill becomes law, giving the system time to gear up.

Who's Affected & Potential Snags

The main beneficiaries here are the businesses and individuals involved in the fuel distribution chain who handle the dyeing process for tax-exempt fuel. It could simplify their accounting and potentially improve cash flow by providing a clearer path to recouping prepaid taxes. While the goal is simplification, any system involving government payments needs solid oversight. The main practical challenge will be ensuring the Treasury can efficiently process these payments while preventing fraudulent claims for fuel that wasn't actually tax-exempt or properly handled.