Leaking Underground Storage Tank (LUST) Tax Refunds

Leaking Underground Storage Tank (LUST) Tax Refunds – How to claim refund using Form 8849

TaxExcise.com is a certified efile service provider for all Excise Tax forms. We support Form 8849 claims on excise taxes including Schedule 1,2,3,5,6 & 8.

Through www.TaxExcise.com LUST claim can be made to IRS.

What is LUST?

The LUST tax is a $.001 per gallon tax imposed on taxable fuels to fund the cleanup of leaking underground motor fuel storage tanks.

On Dec. 29, 2007, the President signed the Tax Technical Corrections Act of 2007. Section 6(d) of the Act amends Section 1362 of the Energy Policy Act of 2005 and Sections 4041, 4042, 4082 and 6430 of the Internal Revenue Code (IRC) to remove a double LUST excise tax that was previously imposed on dyed diesel fuel used in trains and fuels (other than Bunker C residual fuel oil) used on inland waterways, and to allow a refund of any second LUST tax paid. Additionally, the amendments exempt fuel used in foreign trade from the LUST tax and allow a refund of any LUST tax previously imposed on that use.

Due to amendments to the Tax Technical Corrections Act of 2007, some taxpayers are entitled to a LUST excise tax refund. Taxpayers eligible for a refund are encouraged to use Form 8849, Claim for Refund of Excise Taxes, to file a refund claim. No interest will be paid on LUST tax refunds.

Instructions for Completing Form 8849

Use www.TaxExcise.com to complete your LUST clams, also use the available efile service to claim it electronically.

LUST TAX REFUND claims on

Aviation fuel “Kerosene for use in aviation, LUST tax on foreign trade, the Credit Reference Number (CRN) 433.

Dyed diesel fuel used in trains and inland waterways,  “LUST tax on dyed diesel fuel used in trains and inland waterways” and the CRN 434.

Mail Form 8849 and Schedule 6 to:

IRS prefer electronic method to do Excise Tax claims, still you want to do it over mail, use www.Taxexcise.com prepare your claim form 8849 return and mail it to

Internal Revenue Service
P.O. Box 312
Covington, KY 41012-0312

IRS’ preferred method for claiming the LUST tax refund is the use of Form 8849. Form 8849 will be the most timely and convenient. As an alternative to filing Form 8849 to claim a refund, taxpayers may claim a credit on their federal income tax return by using line 17 on Form 4136, Claim for Federal Tax Paid on Fuels.

Taxpayers Eligible to Claim a LUST Tax Refund Under the Provisions of the Tax Technical Corrections Act of 2007

Only taxpayers involved with the tax on fuel used in inland waterways, trains and aircraft engaged in foreign trade are eligible for the LUST tax refund.

For fuel used in aircraft in foreign trade: The ultimate purchaser unless it waives its right to the claim to the ultimate vendor under IRC Section 6427(l)(4)(C).

For fuel used in inland waterways: The person that paid the tax as the operator of the vessel in which the propulsion fuel was consumed.

For fuel used in trains: The operator of the train, unless the deliverer of the fuel paid the tax under Treasury Regulation Section 48.4082-4(b)(2)(ii).

The LUST tax imposed under IRC Section 4041(a)(1)(C)(ii) does not apply after Dec. 31, 2006.

Explanation of the Term “use in foreign trade”

Generally, use in foreign trade includes any use of an aircraft in a commercial international flight that leaves the United States (subject to the reciprocity rules of IRC 4221(e)(1)).  Commercial aviation is any use of an aircraft in the business of transporting persons or property by air for compensation or hire.

Receipt of Refund

The IRS anticipates issuance of refunds within 20 days of receipt of Form 8849.

General Scenarios

If you own a taxable fuel terminal and in 2007 reported the LUST tax on Form 720, Quarterly Federal Excise Tax Return, under abstract 119, you are not entitled to the LUST tax refund because only one LUST tax was paid on your fuel.

If you used undyed diesel fuel in your train, you are not entitled to the LUST tax refund.

If you used undyed diesel fuel in your inland waterways vessel, you may be eligible but only if you paid the inland waterways tax of $0.201 per gallon.

If you used dyed diesel fuel in your inland waterways vessel to operate generators that are not part of the propulsion system of the vessel, you are not entitled to the LUST tax refund. This fuel use is excluded from the tax imposed by IRC Section 4042, so no double LUST tax would have been paid.

References/Related Topics

Excise Tax: www.irs.gov

Nine Tips on the 10 Percent Tax on Tanning Services

Starting July 1, 2010, many businesses offering tanning services must collect a 10 percent excise tax on the tanning services they provide. This excise tax requirement is part of the Affordable Care Act that was enacted in March 2010. Indoor Tanning tax has to be reported for the 1st Quarter of 2011 is due by May 2nd, 2011.

Use IRS Form 720, Quarterly Federal Excise Tax Return to report and pay the indoor tanning tax due by May 2, 2011. Act fast and report it electronically at www.TaxExcise.com

Here are nine tips on the tanning excise tax that providers must collect.

1. Businesses providing ultraviolet tanning services must collect the 10 percent excise tax at the time the customer pays for the tanning services.

2. If the customer fails to pay the excise tax, the tanning service provider is liable for the tax.

3. The tax does not apply to phototherapy services performed by a licensed medical professional on his or her premises.

4. The tax does not apply to spray-on tanning services.

5. If a payment covers charges for tanning services along with other goods and services, the other goods and services may be excluded from the tax if they are separately stated and the charges do not exceed the fair market value for those other goods and services.

6. If the customer purchases bundled services and the charges are not separately stated, the tax applies to the portion of the payment that can be reasonably attributed to the indoor tanning services.

7. The tax does not have to be paid on membership fees for certain qualified physical fitness facilities that offer indoor tanning services as an incidental service to members without a separately identifiable fee.

8. Tanning service providers must report and pay the excise tax on a quarterly basis.

9. To pay the tax, businesses must file IRS Form 720, Quarterly Federal Excise Tax Return using an Employer Identification Number assigned by the IRS. Businesses that don’t already have one can apply for an EIN online at IRS.gov.

Find more information about the excise tax on tanning services, IRS Form 720 and other tax provisions of the Affordable Care Act at www.Taxexcise.com.

Call our Help Desk Toll Free 1-866-245-3918 or simply email to us at support@taxexcise.com. Follow our tweets @taxexcise.com

To read more click here

Excise tax on indoor tanning services, for the first quarter of 2011 is due May 2.

TaxExcise.com

Starting July 1, 2010, many businesses offering tanning services must collect a 10 percent excise tax on the tanning services they provide. This excise tax requirement is part of the Affordable Care Act that was enacted in March 2010.

Use IRS Form 720, Quarterly Federal Excise Tax Return to report and pay the indoor tanning tax due by May 2, 2011. Act fast and report it electronically at www.TaxExcise.com

What is taxable indoor tanning service?

Taxable indoor tanning service means a service employing any electronic product designed to incorporate one or more ultraviolet lamps intended for the irradiation of an individual by ultraviolet radiation, with wavelengths in air between 200 and 400 nanometers, to induce skin tanning

Who must pay the indoor tanning services tax?

Indoor tanning service providers are responsible for collecting the tax from the person paying for the service and in some situations, from the person receiving the service.What is taxable indoor tanning service?

Taxable indoor tanning service means a service employing any electronic product designed to incorporate one or more ultraviolet lamps intended for the irradiation of an individual by ultraviolet radiation, with wavelengths in air between 200 and 400 nanometers, to induce skin tanning.

Who must report the tax to the government?

The person receiving the payment for the indoor tanning service must report the indoor tanning services tax on and remit the full amount of tax with a timely filed return.

How do I report the indoor tanning services tax?

Report the indoor tanning services tax on Form 720, Quarterly Federal Excise Tax Return electronically at www.TaxExcise.com and get it accepted by the IRS in minutes.

Excise tax on indoor tanning services, for the first quarter of 2011 is due May 2.

Starting July 1, 2010, many businesses offering tanning services must collect a 10 percent excise tax on the tanning services they provide. This excise tax requirement is part of the Affordable Care Act that was enacted in March 2010.Use IRS Form 720, Quarterly Federal Excise Tax Return to report and pay the indoor tanning tax due by May 2, 2011. Act fast and report it electronically at www.TaxExcise.com What is taxable indoor tanning service?

Taxable indoor tanning service means a service employing any electronic product designed to incorporate one or more ultraviolet lamps intended for the irradiation of an individual by ultraviolet radiation, with wavelengths in air between 200 and 400 nanometers, to induce skin tanning

Who must pay the indoor tanning services tax?

Indoor tanning service providers are responsible for collecting the tax from the person paying for the service and in some situations, from the person receiving the service.What is taxable indoor tanning service?

Taxable indoor tanning service means a service employing any electronic product designed to incorporate one or more ultraviolet lamps intended for the irradiation of an individual by ultraviolet radiation, with wavelengths in air between 200 and 400 nanometers, to induce skin tanning.

Who must report the tax to the government?

The person receiving the payment for the indoor tanning service must report the indoor tanning services tax on and remit the full amount of tax with a timely filed return.

How do I report the indoor tanning services tax?

Report the indoor tanning services tax on Form 720, Quarterly Federal Excise Tax Return electronically at www.TaxExcise.com and get it accepted by the IRS in minutes.

Excise Tax e-File & Compliance (ETEC) Programs – Form 720, 2290 and 8849

The Excise Tax e-File project was initiated to satisfy the IRS’ requirement to provide electronic filing of Form 2290, Heavy Highway Vehicle Use Tax Return, as directed in the American Jobs Creation Act (October 2004). Excise Tax e-File & Compliance (ETEC) Programs (Form 720, 2290 and 8849) has joined the ever-growing-number of tax forms and schedules that can be electronically filed, providing taxpayers the speed and reliability that millions of taxpayers and business owners already enjoy.

Form 720, Quarterly Federal Excise Tax Return is also available for optional electronic filing.  Simply make your selection on the 720 e-file partner’s page and join millions of taxpayers enjoying the convenience and ease of on-line filing, immediate acknowledgment of receipt and faster service.

Form 2290, Heavy Highway Vehicle Use Tax Return is available for electronic filing. The electronic version of Form 2290 will improve excise tax processing, expedite refunds, save personal resources (e.g., time & postage) and reduce preparation and processing errors.  Schedule 1 will be available almost immediately (once your return is accepted by the IRS) through your software developer/transmitter – no more waiting for it to come in the mail!

Taxpayers filing Form 2290 reporting 25 or more vehicles for any taxable period are required by statute to electronically file their Form 2290 tax return through an IRS-approved software provider.

Form 8849, Claim for Refund of Excise Taxes (Schedules 1,2, 3, 5, 6 and8) are now available for e-file. Electronically submitted Schedules 2, 3 and 8 refund claims will be processed within 20 days of acceptance by the IRS, versus the usual 45 day processing time on all other 8849 schedules.

FILE YOUR TAXES NOW!
To file your excise forms electronically you will need to select an approved software provider for the tax forms you want to file.   Form 720 provider information can be found on the 720 e-file partner’s page.  Form 2290 provider information can be found on the 2290 e-file partner’s page. Form 8849 provider information can be found on the 8849 e-file partner’s page.

QUESTIONS? Call  Excisetax.com at 866-245-3918 or simply email it to support@taxexcise.com

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