Page:United States Statutes at Large Volume 107 Part 1.djvu/556

 107 STAT. 530 PUBLIC LAW 103-66 —AUG. 10, 1993 on such date by any person, there is hereby imposed a floor stocks tax of 4.3 cents per gallon. (b) LIABILITY FOR TAX AND METHOD OF PAYMENT. — (1) LIABILITY FOR TAX. — ^A person holding aviation fuel on October 1, 1995, to which the tax imposed by subsection (a) applies shall be liable for such tax. (2) METHOD OF PAYMENT. — The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe. (3) TIME FOR PAYMENT. —The tax imposed by subsection (a) shall be paid on or before April 30, 1996. (c) DEFINITIONS. —For purposes of this subsection— (1) HELD BY A PERSON.— Aviation fuel shall be considered as **held by a person" if title thereto has passed to such person (whether or not delivery to the person has been made). (2) COMMERCIAL AVIATION FUEL. —The term "commercial aviation fuel" means aviation fuel (as defined in section 4093 of such Code) which is held on October 1, 1995, for sale or use in commercial aviation (as defined in section 4092(b) of such Code). (3) SECRETARY. —The term "Secretary" means the Secretary of the Treasury or his delegate. (d) EXCEPTION FOR EXEMPT USES.—The tax imposed by subsection (a) shall not apply to aviation fuel held by any person exclusively for any use for which a credit or refund of the entire tax imposed by section 4091 of such Code is allowable for aviation fuel purchased after September 30, 1995, for such use. (e) EXCEPTION FOR CERTAIN AMOUNTS OF FUEL. — (1) IN GENERAL.— No tax shall be imposed by subsection (a) on aviation fuel held on October 1, 1995, by any person if the aggregate amount of commercial aviation fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the l^cretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (2) EXEMPT FUEL. — For purposes of paragraph (1), there shall not be taken into account mel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d). (3) CONTROLLED GROUPS. —For purposes of this subsection— (A) CORPORATIONS.— (i) IN GENERAL.—All persons treated as a controlled group shall be treated as 1 person. (ii) CONTROLLED GROUP. —The term "controlled group" has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase "more than 50 percent" shall be substituted for the phrase "at least 80 percent" each place it appears in such subsection. (B) NONINCORPORATED PERSONS UNDER COMMON CON- Reguiations. TROL.— Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation.

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