republic-os/legal/us/code/title-26/chapter-31/section-4043.md

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LegalText	26 U.S.C. § 4043	Surtax on fuel used in aircraft part of a fractional ownership program	us	united_states_code	code_section	26	INTERNAL REVENUE CODE	31	RETAIL EXCISE TAXES	4043	26 U.S.C. § 4043	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc26@119-100.zip	/us/usc/t26/s4043	data/legal/raw/us/code/title-26/usc26.xml	9392abd303bde5288af542e234d4aca122e5ab2029ed37dd8ff4a74b5041ab0b	a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4	ea1480cd9f46eafec5c67c730f3b9be24de37fdfe9a4ae349fcb0068948ebc7b	2026-07-04	official	legal us-code

26 U.S.C. § 4043 - Surtax on fuel used in aircraft part of a fractional ownership program

Text

(a) In general There is hereby imposed a tax on any liquid used (during any calendar quarter by any person) in a fractional program aircraft as fuel—

(1) for the transportation of a qualified fractional owner with respect to the fractional ownership aircraft program of which such aircraft is a part, or

(2) with respect to the use of such aircraft on account of such a qualified fractional owner, including use in deadhead service.

(b) Amount of tax The rate of tax imposed by subsection (a) is 14.1 cents per gallon.

(c) Definitions and special rules For purposes of this section—

(1) Fractional program aircraft The term “fractional program aircraft” means, with respect to any fractional ownership aircraft program, any aircraft which—

(A) is listed as a fractional program aircraft in the management specifications issued to the manager of such program by the Federal Aviation Administration under subpart K of part 91 of title 14, Code of Federal Regulations, and

(B) is registered in the United States.

(2) Fractional ownership aircraft program The term “fractional ownership aircraft program” means a program under which—

(A) a single fractional ownership program manager provides fractional ownership program management services on behalf of the fractional owners,

(B) there are 1 or more fractional owners per fractional program aircraft, with at least 1 fractional program aircraft having more than 1 owner,

(C) with respect to at least 2 fractional program aircraft, none of the ownership interests in such aircraft are—

(i) less than the minimum fractional ownership interest, or

(ii) held by the program manager referred to in subparagraph (A),

(D) there exists a dry-lease aircraft exchange arrangement among all of the fractional owners, and

(E) there are multi-year program agreements covering the fractional ownership, fractional ownership program management services, and dry-lease aircraft exchange aspects of the program.

(3) Definitions related to fractional ownership interests (A) Qualified fractional owner The term “qualified fractional owner” means any fractional owner which has a minimum fractional ownership interest in at least one fractional program aircraft.

(B) Minimum fractional ownership interest The term “minimum fractional ownership interest” means, with respect to each type of aircraft—

(i) a fractional ownership interest equal to or greater than 1/16 of at least 1 subsonic, fixed wing, or powered lift aircraft, or

(ii) a fractional ownership interest equal to or greater than 1/32 of at least 1 rotorcraft aircraft.

(C) Fractional ownership interest The term “fractional ownership interest” means—

(i) the ownership of an interest in a fractional program aircraft,

(ii) the holding of a multi-year leasehold interest in a fractional program aircraft, or

(iii) the holding of a multi-year leasehold interest which is convertible into an ownership interest in a fractional program aircraft.

(D) Fractional owner The term “fractional owner” means any person owning any interest (including the entire interest) in a fractional program aircraft.

(4) Dry-lease aircraft exchange The term “dry-lease aircraft exchange” means an agreement, documented by the written program agreements, under which the fractional program aircraft are available, on an as needed basis without crew, to each fractional owner.

(5) Special rule relating to use of fractional program aircraft for flight demonstration, maintenance, or training For purposes of subsection (a), a fractional program aircraft shall not be considered to be used for the transportation of a qualified fractional owner, or on account of such qualified fractional owner, when it is used for flight demonstration, maintenance, or crew training.

(6) Special rule relating to deadhead service A fractional program aircraft shall not be considered to be used on account of a qualified fractional owner when it is used in deadhead service and a person other than a qualified fractional owner is separately charged for such service.

(d) Termination This section shall not apply to liquids used as a fuel in an aircraft after September 30, 2028.

(Added Pub. L. 112–95, title XI, § 1103(a)(1), Feb. 14, 2012, 126 Stat. 149; amended Pub. L. 115–254, div. B, title VIII, § 802(c)(1), Oct. 5, 2018, 132 Stat. 3429; Pub. L. 118–15, div. B, title II, § 2212(c)(1), Sept. 30, 2023, 137 Stat. 85; Pub. L. 118–34, title II, § 202(c)(1), Dec. 26, 2023, 137 Stat. 1115; Pub. L. 118–41, title II, § 202(c)(1), Mar. 8, 2024, 138 Stat. 24; Pub. L. 118–63, title XIII, § 1302(c)(1), May 16, 2024, 138 Stat. 1433.)

Notes

Editorial Notes

Amendments2024—Subsec. (d). Pub. L. 118–63 substituted “September 30, 2028” for “May 10, 2024”. Pub. L. 118–41 substituted “May 10, 2024” for “March 8, 2024”. 2023—Subsec. (d). Pub. L. 118–34 substituted “March 8, 2024” for “December 31, 2023”. Pub. L. 118–15 substituted “December 31, 2023” for “September 30, 2023”. 2018—Subsec. (d). Pub. L. 115–254 substituted “September 30, 2023” for “September 30, 2021”.

Statutory Notes and Related Subsidiaries

Effective DatePub. L. 112–95, title XI, § 1103(d)(1), Feb. 14, 2012, 126 Stat. 151, provided that: “The amendments made by subsection (a) [enacting this section and amending sections 4082 and 9502 of this title] shall apply to fuel used after March 31, 2012.”