@133 CHAP 7 ÚÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ¿ ³ FEDERAL EXCISE TAXES ³ ÀÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÙ @Q "No man is safe in his bed when the Congress @Q is in session." -- Benjamin Franklin Federal tax laws impose a number of excise taxes on different types of businesses, products, services and occupations. These taxes are usually imposed without any assessment or notice to the taxpayer. Thus, it is up to you to find out if you are subject to any of these taxes and, if so, to obtain the proper tax return forms and pay the tax on time. It is not uncommon for a small business to operate for several years without the owner ever being aware of the need to pay federal excise taxes. Then the day of reckoning comes when a formal notice is received from the government demanding immediate payment of several years' worth of back taxes on some particular item subject to excise tax, plus interest and penalties for not filing the returns and not paying the tax. This can be a disastrous surprise, especially since the business owner in such a situation has not factored into the price of his or her goods or services the cost of paying the excise. The following is a brief summary of the major federal ex- cise taxes that a small or medium-sized business may need to know about. Some excise taxes, such as those on tele- phone service, are not discussed below, since they are passed along or absorbed by the telephone company or other large institution with which your company may deal and you have no obligation to file any returns or make any direct payment to the government of such taxes. Federal excise taxes you need to know about fall into the following major categories: . MOTOR VEHICLE HIGHWAY USE TAX. This is the excise tax that the largest number of small businesses are likely to be subject to. It is imposed on vehicles of more than 55,000 pounds gross weight. If you want information about the highway use tax, you should obtain a free copy of IRS Publication 349. . RETAILERS--TAXES ON CERTAIN FUELS. The federal gasoline tax is now 14 cents a gallon on gasoline and 20 cents on diesel fuel. In addition, both of these taxes are increased by 0.1 cent a gallon to create a "Leaking Underground Storage Tank Trust Fund." A reduced tax rate applies to qualified methane and ethanol fuel. . OTHER RETAIL EXCISE TAXES. Retail excise taxes are now imposed on sales of: (a) Heavy trucks and trailers (b) Tires and tubes (c) Recreation equipment such as bows, arrows and fishing rods, reels, lures and creels (d) Firearms and ammunition (e) "Luxury" autos, boats, planes, furs and jewelry, at a tax rate of 10% of the retail price that exceeds the following thresholds (after 1990): . Aircraft ---------------- $250,000 . Private boats and yachts -- $100,000 . Automobiles -------------- $30,000 . Furs and Jewelry --------- $10,000 . TAXES ON AIR TRANSPORTATION. If you are in the busi- ness of transporting people by air, you may have to collect an excise tax. . COMMUNICATIONS. Taxes on telephone and teletype services. . WAGERING TAXES. . TAX ON COAL MINED IN THE UNITED STATES. . ENVIRONMENTAL TAXES. On petroleum products, various chemicals and hazardous wastes, including a tax on ozone-depleting chemicals that was enacted in 1989, and expanded in 1990. . TAXES ON ALCOHOL, FIREARMS, AMMUNITION AND TOBACCO PRODUCTS. . MANUFACTURER'S EXCISE TAX ON VACCINES. Since January 1, 1988, certain vaccines manufactured or imported into the U.S. are subject to a new excise tax, in order to create a Vaccine Injury Compensation Trust Fund, a no-fault program for compensating persons who are injured by, or die from, certain vaccines. [This tax has terminated, at least temporarily, as of January 1, 1993, due to a sufficient buildup in the amount of the Trust Fund.] . HARBOR MAINTENANCE TAX. After 1990, this tax is in- creased to 0.125% of the value of commercial cargo that is loaded or unloaded at any U.S. port. Most federal excise taxes are reported on Form 720, Quar- terly Federal Excise Tax Return, the most common excise tax form. Form 2290 must be filed by owners of trucks and buses subject to the highway use tax. Environmental taxes on petroleum and numerous designated chemical substances must be reported on Form 6627, which is attached to Form 720. For further information on federal excise taxes, you may want to get a copy of IRS Publication 510, Excise Taxes. In addition to federal excise taxes, the various states all have a number of excise and miscellaneous taxes that apply to businesses. @CODE: HI In Hawaii these include the following major excises: . ALCOHOLIC BEVERAGE TAXES. Sale of alcohol is heav- ily regulated and subject to numerous taxes in Hawaii. Persons selling such beverages must obtain permits from the Dept. of Taxation and from the county liquor commissions. Beverage taxes apply at various tax rates to distilled spirits, sparkling wine, still wine, beer, and cooler beverages. . CIGARETTE AND TOBACCO TAXES. These generally apply to dealers and wholesalers of tobacco products other than cigarettes at a rate of 40% of the wholesale price. The tax on cigarettes if 3 cents per cigarette, after June 30, 1993. A license or permit must be obtained to sell such products, from the Hawaii Dept. of Taxation. . STATE AND LOCAL FUEL TAXES. The state of Hawaii imposes a 16 cents per gallon tax on gasoline, and the various counties impose their own taxes at vary- ing rates. Total state and county gasoline tax rates range from 24.8 cents a gallon in Hawaii County to 32.5 cents a gallon in Honolulu County (26 cents in Kauai, 25 cents in Maui). In addition, there is a 1 cent per gallon state tax on aviation gas and other state and county taxes on LPG and various off-highway fuel uses. . TRANSIENT ACCOMMODATIONS TAX. This is a 5% tax on revenues of hotels, motels and other transient ac- commodations. It applies IN ADDITION TO the 4% G.E.T., to such revenues. Taxpayers must register with the Dept. of Taxation on Form GEW-TA-RV-3. Month- ly or less frequent returns are required, depending on the amount of the annual tax liability. . REAL ESTATE CONVEYANCE TAX. Another important excise tax in Hawaii is the tax due on sales of real proper- ty, imposed at a rate of 5 cents per $100 of sales value. It also applies to the capitalized values of leases with an unexpired term extending more than 5 years, capitalized at the present value of the ren- tals using a discount rate of 6%. . COUNTY AND STATE MOTOR VEHICLE TAXES. Vehicle weight fees payable to the counties and state. . RENTAL AND TOUR VEHICLE TAX. Hawaii recently enacted a "surcharge" tax on rental automobiles and tour vehicles of various sizes. @CODE:EN @CODE: CA ÚÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ¿ ³ CALIFORNIA EXCISE TAXES ³ ÀÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÙ Some of the more important excise taxes in California in- clude the following: . The California gasoline tax rate went from 16 cents to 17 cents on January 1, 1993, and increases by an- other penny to 18 cents a gallon in 1994. . California imposes a cigarette tax of $ .005 per ci- garette, or 10 cents per pack of 20 cigarettes. There is also a tobacco products tax, based on the wholesale cost of tobacco products (other than cigar- ettes), which is set at 23.03 percent of the whole- sale price for the period from July 1, 1993 to June 30, 1994. . The California oil and gas severance tax rate for 1992 is set at 2.5028 cents per barrel of oil for or each 10,000 cubic feet of natural gas. This is a de- crease from the 1991 rate of 2.6109 cents. . In addition, California imposes a Hazardous Substan- ces Tax. It includes disposal fees on hazardous waste disposal sites and an annual assessment on generators of hazardous waste. This tax is set and administered by the State Board of Equalization. @CODE:EN These usually include taxes on alcoholic beverages, cigar- ette and tobacco taxes, severance taxes on minerals, special business license taxes and, frequently, real estate transfer taxes. @CODE: AL AK AZ AR CO CT DE DC FL GA ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NB NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WS WY In addition, every state has gasoline, diesel and other fuel taxes. The gasoline tax rate in @STATE is: @CODE:OF @CODE: FL 4 cents per gallon, which is the lowest gas tax in the na- tion. (However, Florida also imposes a special sales tax on fuels.) @CODE:OF @CODE: GA 7.5 cents per gallon, plus 4 percent of the price. @CODE:OF @CODE: AK NY 8 cents per gallon. @CODE:OF @CODE: WY 9 cents per gallon. @CODE:OF @CODE: NJ 10.5 cents per gallon. @CODE:OF @CODE: PA 12 cents per gallon. @CODE:OF @CODE: MO 13 cents per gallon. @CODE:OF @CODE: IN KY MI 15 cents per gallon. @CODE:OF @CODE: AL SC VT 16 cents per gallon. @CODE:OF @CODE: NM 22 cents per gallon (effective July 1, 1993). @CODE:OF @CODE: ME ND OK 17 cents per gallon. @CODE:OF @CODE: VA 17.5 cents per gallon. @CODE:OF @CODE: AZ KS MS NH SD 18 cents per gallon. @CODE:OF @CODE: AR 18.5 cents per gallon. @CODE:OF @CODE: DE IL UT 19 cents per gallon. @CODE:OF @CODE: DC IA LA MN TX 20 cents per gallon. @CODE:OF @CODE: WV 20.5 cents per gallon (plus sales tax of 4.85 cents). @CODE:OF @CODE: ID MA TN 21 cents per gallon. @CODE:OF @CODE: NV 21.25 cents per gallon. @CODE:OF @CODE: MT 24 cents per gallon, effective September 1, 1993 (27 cents per gallon, effective July 1, 1994). @CODE:OF @CODE: CO OH 22 cents per gallon. @CODE:OF @CODE: WS 23.2 cents per gallon, from April 1, 1993 until March 31, 1994. @CODE:OF @CODE: NC 22.3 cents per gallon. @CODE:OF @CODE: WA 23 cents per gallon. @CODE:OF @CODE: MD 23.5 cents per gallon. @CODE:OF @CODE: OR 24 cents per gallon. @CODE:OF @CODE: NB 24.3 cents per gallon for the third quarter of 1993. @CODE:OF @CODE: RI 26 cents per gallon for the first 6 months of 1993. @CODE:OF @CODE: CT 29 cents per gallon, which is the highest of any state, and which rises by a penny every 6 months, from January 1, 1994 until July 1, 1995. It then increases to 34 cents on October 1, 1995, and subsequently will increase another cent on the first day of each calendar quarter until it reaches 39 cents per gallon on January 1, 1997. @CODE:OF @CODE: MT OR AK DE NH @STATE does not have a sales tax or the equivalent. @CODE:OF @CODE: AL AZ AR CO CT DC FL GA ID IL IN IA KS KY LA ME MD MA MI MN MS MO NB NV NJ NY NC ND OH OK PA RI SC SD TN TX UT VT VA WA WV WS WY @STATE also has a sales tax, which is not dis- cussed here. @CODE:EN