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2026-07-06 10:51:44 -04:00

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LegalText 26 U.S.C. § 4282 Transportation by air for other members of affiliated group us united_states_code code_section 26 INTERNAL REVENUE CODE 33 FACILITIES AND SERVICES 4282 26 U.S.C. § 4282 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/s4282 data/legal/raw/us/code/title-26/usc26.xml c51564d5755c119cde25793ce356817282b86608b04913af74cae1a5967e4715 a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 feb3f0d73234620371a65a69aa1ee64b608fa88ad3aad9d61b6a639c094605c7 2026-07-04 official
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26 U.S.C. § 4282 - Transportation by air for other members of affiliated group

Text

(a) General rule Under regulations prescribed by the Secretary, if—

(1) one member of an affiliated group is the owner or lessee of an aircraft, and

(2) such aircraft is not available for hire by persons who are not members of such group,

no tax shall be imposed under section 4261 or 4271 upon any payment received by one member of the affiliated group from another member of such group for services furnished to such other member in connection with the use of such aircraft.

(b) Availability for hire For purposes of subsection (a), the determination of whether an aircraft is available for hire by persons who are not members of an affiliated group shall be made on a flight-by-flight basis.

(c) Affiliated group For purposes of subsection (a), the term “affiliated group” has the meaning assigned to such term by section 1504(a), except that all corporations shall be treated as includible corporations (without any exclusion under section 1504(b)).

(Added Pub. L. 91258, title II, § 205(a)(1), May 21, 1970, 84 Stat. 241; amended Pub. L. 94455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 104188, title I, § 1609(f), Aug. 20, 1996, 110 Stat. 1842.)

Notes

Editorial Notes

Prior ProvisionsA prior section 4282, act Aug. 16, 1954, ch. 736, 68A Stat. 508, defined “fair charge” in connection with tax on transportation of oil by pipeline, prior to repeal by Pub. L. 85475, § 4(a), June 30, 1958, 72 Stat. 260. For effective date of repeal, see section 4(c) of Pub. L. 85475, set out as an Effective Date of 1958 Amendment note under section 6415 of this title.

Amendments1996—Subsecs. (b), (c). Pub. L. 104188 added subsec. (b) and redesignated former subsec. (b) as (c). 1976—Subsec. (a). Pub. L. 94455 struck out “or his delegate” after “Secretary”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 AmendmentAmendment by Pub. L. 104188 effective on 7th calendar day after Aug. 20, 1996, see section 1609(i) of Pub. L. 104188, set out as a note under section 4041 of this title.