26 U.S.C. § 4261
Imposition of tax
There is hereby imposed on the amount paid for taxable transportation of any person a tax equal to 7.5 percent of the amount so paid.
There is hereby imposed on the amount paid for each domestic segment of taxable transportation by air a tax in the amount of $3.00.
For purposes of this section, the term “domestic segment” means any segment consisting of 1 takeoff and 1 landing and which is taxable transportation described in section 4262(a)(1).
There is hereby imposed a tax of $12.00 on any amount paid (whether within or without the United States) for any transportation of any person by air, if such transportation begins or ends in the United States.
This subsection shall not apply to any transportation all of which is taxable under subsection (a) (determined without regard to sections 4281 and 4282).
In any case in which the tax imposed by paragraph (1) applies to a domestic segment beginning or ending in Alaska or Hawaii, such tax shall apply only to departures and shall be at the rate of $6.
Except as provided in section 4263(a), the taxes imposed by this section shall be paid by the person making the payment subject to the tax.
The tax imposed by subsection (b)(1) shall not apply to any domestic segment beginning or ending at an airport which is a rural airport for the calendar year in which such segment begins or ends (as the case may be).
In the case of amounts paid outside the United States for taxable transportation, the taxes imposed by subsections (a) and (b) shall apply only if such transportation begins and ends in the United States.
Any amount paid (and the value of any other benefit provided) to an air carrier (or any related person) for the right to provide mileage awards for (or other reductions in the cost of) any transportation of persons by air shall be treated for purposes of subsection (a) as an amount paid for taxable transportation, and such amount shall be taxable under subsection (a) without regard to any other provision of this subchapter.
For purposes of subparagraph (A), a corporation and all wholly owned subsidiaries of such corporation shall be treated as 1 corporation.
The Secretary shall prescribe rules which reallocate items of income, deduction, credit, exclusion, or other allowance to the extent necessary to prevent the avoidance of tax imposed by reason of this paragraph. The Secretary may prescribe rules which exclude from the tax imposed by subsection (a) amounts attributable to mileage awards which are used other than for transportation of persons by air.
For purposes of subparagraph (A), in the case of the tax imposed by subsection (b), the beginning of the domestic segment shall be treated as the taxable event.
If an amount is paid during a calendar year for a domestic segment beginning in a later calendar year, then the rate of tax under subsection (b) on such amount shall be the rate in effect for the calendar year in which such amount is paid.
For purposes of this paragraph, the term “aircraft owner” includes a person who leases the aircraft other than under a disqualified lease.
For purposes of clause (i), the term “disqualified lease” means a lease from a person providing aircraft management services with respect to such aircraft (or a related person (within the meaning of section 465(b)(3)(C)) to the person providing such services), if such lease is for a term of 31 days or less.
In the case of amounts paid to any person which (but for this subsection) are subject to the tax imposed by subsection (a), a portion of which consists of amounts described in subparagraph (A), this paragraph shall apply on a pro rata basis only to the portion which consists of amounts described in such subparagraph.
No tax shall be imposed by this section or section 4271 on any air transportation exclusively for the purpose of skydiving.
No tax shall be imposed by this section or section 4271 on any air transportation by a seaplane with respect to any segment consisting of a takeoff from, and a landing on, water, but only if the places at which such takeoff and landing occur have not received and are not receiving financial assistance from the Airport and Airways Trust Fund.
No tax shall be imposed by this section or section 4271 on any air transportation if tax is imposed under section 4043 with respect to the fuel used in such transportation. This subsection shall not apply after
If, as of the date any transportation begins, the taxes imposed by this section would not have applied to such transportation if paid for on such date, any tax paid under paragraph (1)(B) with respect to such transportation shall be treated as an overpayment.
For inflation adjustment of certain items in this section, see Revenue Procedures listed in a table under section 1 of this title (starting with 2012) and Internal Revenue Service announcements listed in a table below (2010 and 2011).
The date of the enactment of this paragraph, referred to in subsec. (e)(1)(B)(ii)(II), is the date of enactment of Pub. L. 105–34, which was approved
The Airport and Airway Development Act of 1970, referred to in subsec. (f), is title I of Pub. L. 91–258,
The date of the enactment of the Airport and Airway Trust Fund Tax Reinstatement Act of 1997, referred to in subsec. (k)(1)(A)(i), is the date of enactment of Pub. L. 105–2, which was approved
2024—Subsec. (j). Pub. L. 118–63, § 1302(c)(3), substituted “
Pub. L. 118–41, § 202(c)(3), substituted “
Subsec. (k)(1)(A)(ii). Pub. L. 118–63, § 1302(b)(1), substituted “
Pub. L. 118–41, § 202(b)(1), substituted “
2023—Subsec. (j). Pub. L. 118–34, § 202(c)(3), substituted “
Pub. L. 118–15, § 2212(c)(3), substituted “
Subsec. (k)(1)(A)(ii). Pub. L. 118–34, § 202(b)(1), substituted “
Pub. L. 118–15, § 2212(b)(1), substituted “
2018—Subsec. (b)(1). Pub. L. 115–141, § 401(b)(42), substituted “a tax in the amount of $3.00.” for “a tax in the amount determined in accordance with the following table for the period in which the segment begins:” and table which set out tax amounts ranging from $1.00 to $3.00 for segments beginning after
Subsec. (j). Pub. L. 115–254, § 802(c)(3), substituted “
Pub. L. 115–141, § 202(c)(2), substituted “
Subsec. (k)(1)(A)(ii). Pub. L. 115–254, § 802(b)(1), substituted “
Pub. L. 115–141, § 202(b)(1), substituted “
2017—Subsec. (e)(4)(A)(ii). Pub. L. 115–97, § 11002(d)(1)(FF), substituted “for ‘calendar year 2016’ in subparagraph (A)(ii)” for “for ‘calendar year 1992’ in subparagraph (B)”.
Subsec. (e)(5). Pub. L. 115–97, § 13822(a), added par. (5).
Subsec. (j). Pub. L. 115–63, § 202(c)(2), substituted “
Subsec. (k)(1)(A)(ii). Pub. L. 115–63, § 202(b)(1), substituted “
2016—Subsec. (j). Pub. L. 114–190, § 1202(c)(2), substituted “
Pub. L. 114–141, § 202(c)(2), substituted “
Subsec. (k)(1)(A)(ii). Pub. L. 114–190, § 1202(b)(1), substituted “
Pub. L. 114–141, § 202(b)(1), substituted “
2015—Subsec. (j). Pub. L. 114–55, § 202(c)(2), substituted “
Subsec. (k)(1)(A)(ii). Pub. L. 114–55, § 202(b)(1), substituted “
2014—Subsec. (e)(1)(C). Pub. L. 113–295, § 221(a)(104)(A), struck out subpar. (C) which provided for no phasein of reduced ticket tax for certain transportation.
Subsec. (e)(5). Pub. L. 113–295, § 221(a)(104)(B), struck out par. (5) which related to rates of ticket tax for transportation beginning before
2012—Subsec. (j). Pub. L. 112–95, § 1103(c), added subsec. (j). Former subsec. (j) redesignated (k).
Subsec. (j)(1)(A)(ii). Pub. L. 112–95, § 1101(b)(1), substituted “
Pub. L. 112–91 substituted “
Subsec. (k). Pub. L. 112–95, § 1103(c), redesignated subsec. (j) as (k).
2011—Subsec. (j)(1)(A)(ii). Pub. L. 112–30 substituted “
Pub. L. 112–27 substituted “
Pub. L. 112–21 substituted “
Pub. L. 112–16 substituted “
Pub. L. 112–7 substituted “
2010—Subsec. (j)(1)(A)(ii). Pub. L. 111–329 substituted “
Pub. L. 111–249 substituted “
Pub. L. 111–216 substituted “
Pub. L. 111–197 substituted “
Pub. L. 111–161 substituted “
Pub. L. 111–153 substituted “
2009—Subsec. (j)(1)(A)(ii). Pub. L. 111–116 substituted “
Pub. L. 111–69 substituted “
Pub. L. 111–12 substituted “
2008—Subsec. (j)(1)(A)(ii). Pub. L. 110–330 substituted “
Pub. L. 110–253 substituted “
Pub. L. 110–190 substituted “
2007—Subsec. (j)(1)(A)(ii). Pub. L. 110–161 substituted “
2005—Subsec. (e)(1)(B)(i). Pub. L. 109–59, § 11122(a)(1), inserted “(in the case of any airport described in clause (ii)(III), on flight segments of at least 100 miles)” after “by air”.
Subsec. (e)(1)(B)(ii)(III). Pub. L. 109–59, § 11122(a)(2), added subcl. (III).
Subsec. (e)(4)(C). Pub. L. 109–135 substituted “imposed by subsection (b)” for “imposed subsection (b)”.
Subsec. (f). Pub. L. 109–59, § 11121(c), amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows: “No tax shall be imposed under subsection (a) or (b) on air transportation by helicopter for the purpose of—
“(1) transporting individuals, equipment, or supplies in the exploration for, or the development or removal of, hard minerals, oil, or gas, or
“(2) the planting, cultivation, cutting, or transportation of, or caring for, trees (including logging operations),
but only if the helicopter does not take off from, or land at, a facility eligible for assistance under the Airport and Airway Development Act of 1970, or otherwise use services provided pursuant to section 44509 or 44913(b) or subchapter I of chapter 471 of title 49, United States Code, during such use. In the case of helicopter transportation described in paragraph (1), this subsection shall be applied by treating each flight segment as a distinct flight.”
Subsecs. (i), (j). Pub. L. 109–59, § 11123(a), added subsec. (i) and redesignated former subsec. (i) as (j).
2003—Subsec. (e)(4)(D). Pub. L. 108–176 added subpar. (D).
1997—Subsec. (a). Pub. L. 105–34, § 1031(c)(1), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “There is hereby imposed upon the amount paid for taxable transportation (as defined in section 4262) of any person a tax equal to 10 percent of the amount so paid. In the case of amounts paid outside of the United States for taxable transportation, the tax imposed by this subsection shall apply only if such transportation begins and ends in the United States.”
Subsec. (b). Pub. L. 105–34, § 1031(c)(1), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: “There is hereby imposed upon the amount paid for seating or sleeping accommodations in connection with transportation and with respect to which a tax is imposed by subsection (a), a tax equal to 10 percent of the amount so paid.”
Subsec. (c). Pub. L. 105–34, § 1031(c)(1), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: “There is hereby imposed a tax of $6 upon any amount paid (whether within or without the United States) for any transportation of any person by air, if such transportation begins in the United States. This subsection shall not apply to any transportation all of which is taxable under subsection (a) (determined without regard to sections 4281 and 4282).”
Subsecs. (e), (f). Pub. L. 105–34, § 1031(c)(2), added subsec. (e) and redesignated former subsec. (e) as (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 105–34, § 1031(c)(2), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).
Pub. L. 105–2 amended heading and text of subsec. (g) generally. Prior to amendment, text read as follows: “The taxes imposed by this section shall apply with respect to transportation beginning after
Subsec. (g)(1)(A)(ii). Pub. L. 105–34, § 1031(b)(1), substituted “
Subsec. (g)(2). Pub. L. 105–34, § 1601(f)(4)(D), inserted “on that flight” after “dedicated”.
Subsec. (h). Pub. L. 105–34, § 1435(a), added subsec. (h). Former subsec. (h) redesignated (i).
Pub. L. 105–34, § 1031(c)(2), redesignated subsec. (g) as (h).
Subsec. (i). Pub. L. 105–34, § 1435(a), redesignated subsec. (h) as (i).
1996—Subsec. (e). Pub. L. 104–188, § 1609(e), inserted at end “In the case of helicopter transportation described in paragraph (1), this subsection shall be applied by treating each flight segment as a distinct flight.”
Subsec. (f). Pub. L. 104–188, § 1609(d), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows:
“(f)
“(1) does not take off from, or land at, a facility eligible for assistance under the Airport and Airway Development Act of 1970 during such transportation, and
“(2) does not otherwise use services provided pursuant to section 44509 or 44913(b) or subchapter I of chapter 471 of title 49, United States Code, during such transportation.”
Subsec. (g). Pub. L. 104–188, § 1609(b), substituted “
1994—Subsecs. (e), (f)(2). Pub. L. 103–272, § 5(g)(2), substituted “section 44509 or 44913(b) or subchapter I of chapter 471 of title 49, United States Code,” for “the Airport and Airway Improvement Act of 1982”.
1990—Subsecs. (a), (b). Pub. L. 101–508, § 11213(a)(1), substituted “10 percent” for “8 percent”.
Subsec. (g). Pub. L. 101–508, § 11213(d)(1), substituted “
1989—Subsec. (c). Pub. L. 101–239 substituted “$6” for “$3”.
1987—Subsec. (e). Pub. L. 100–223, § 404(c), which directed the substitution of “Improvement Act” for “System Improvement Act” could not be executed because such words do not appear.
Subsec. (f). Pub. L. 100–223, § 404(a), added subsec. (f). Former subsec. (f) redesignated (g).
Pub. L. 100–223, § 402(a)(1), substituted “
Subsec. (g). Pub. L. 100–223, § 404(a), redesignated former subsec. (f) as (g).
1986—Subsec. (e)(1). Pub. L. 99–514, amended par. (1) generally. Prior to amendment, par. (1) read as follows: “transporting individuals, equipment, or supplies in—
“(A) the exploration for, or the development or removal of, hard minerals, or
“(B) the exploration for oil or gas, or”.
1984—Subsec. (e)(1). Pub. L. 98–369 amended par. (1) generally, designating existing provisions as subpar. (A) and adding subpar. (B).
1982—Subsec. (e). Pub. L. 97–248 substituted provisions relating to exemptions for certain helicopter uses for provisions that effective with respect to transportation beginning after
Subsec. (f). Pub. L. 97–248 added subsec. (f).
1980—Subsec. (e). Pub. L. 96–298 substituted “
1976—Subsec. (a). Pub. L. 94–455, § 1904(a)(7)(A), struck out “which begins after
Subsec. (b). Pub. L. 94–455, § 1904(a)(7)(A), struck out “which begins after
Subsec. (c). Pub. L. 94–455, § 1904(a)(7)(B), struck out “and begins after
1970—Subsec. (a). Pub. L. 91–258 consolidated former provisions of subsecs. (a) and (b) for imposition of tax on amounts paid within and outside the United States, substituting an 8 percent rate commencing after
Subsec. (b). Pub. L. 91–258 redesignated subsec. (c) as (b), substituting an 8 percent rate in connection with transportation which begins after
Subsecs. (c), (d). Pub. L. 91–258 added subsec. (c), redesignated former subsec. (c) as (d), and substituted “section 4263(a)” for “section 4264”.
Subsec. (e). Pub. L. 91–258 added subsec. (e).
1965—Pub. L. 89–44 substituted “
1964—Pub. L. 88–348 substituted “
1963—Pub. L. 88–52 substituted “
1962—Subsecs. (a), (b). Pub. L. 87–508, § 5(b), struck out imposition of tax on transportation of persons by rail, motor vehicle, or water and substituted “tax equal to 5 percent of the amount so paid in connection with transportation which begins after
Pub. L. 87–508, § 5(a), substituted provisions imposing a tax equal to 10 percent of the amount paid for transportation which begins before
Subsec. (c). Pub. L. 87–508, § 5(b), substituted “tax equivalent to 5 percent of the amount so paid in connection with transportation which begins after
Pub. L. 87–508, § 5(a), substituted provision imposing a tax equivalent to 10 percent of the amount paid in connection with transportation which begins before
1961—Pub. L. 87–72 substituted “
1960—Pub. L. 86–564 substituted “
1959—Pub. L. 86–75 reduced tax on transportation of persons from ten to five percent effective
1956—Subsec. (a). Act
Subsec. (b). Act
Subsec. (d). Act
Amendment by section 11002(d)(1)(FF) of Pub. L. 115–97 applicable to taxable years beginning after
Pub. L. 115–97, title I, § 13822(b),
Amendment by Pub. L. 113–295 effective
Amendment by section 1101(b)(1) of Pub. L. 112–95 effective
Pub. L. 112–95, title XI, § 1103(d)(3),
Amendment by Pub. L. 112–91 effective
Amendment by Pub. L. 112–30 effective
Amendment by Pub. L. 112–27 effective
Amendment by Pub. L. 112–21 effective
Amendment by Pub. L. 112–16 effective
Amendment by Pub. L. 112–7 effective
Amendment by Pub. L. 111–329 effective
Amendment by Pub. L. 111–249 effective
Amendment by Pub. L. 111–216 effective
Amendment by Pub. L. 111–197 effective
Amendment by Pub. L. 111–161 effective
Amendment by Pub. L. 111–153 effective
Amendment by Pub. L. 111–116 effective
Amendment by Pub. L. 111–69 effective
Amendment by Pub. L. 111–12 effective
Amendment by Pub. L. 110–330 effective
Amendment by Pub. L. 110–253 effective
Amendment by Pub. L. 110–190 effective
Amendment by Pub. L. 110–161 effective
Pub. L. 109–59, title XI, § 11121(d),
Pub. L. 109–59, title XI, § 11122(b),
Amendment by section 11123(a) of Pub. L. 109–59 applicable to transportation beginning after
Pub. L. 108–176, title IX, § 902(b),
Pub. L. 105–34, title X, § 1031(e)(2),
Pub. L. 105–34, title XIV, § 1435(c)(1),
Amendment by section 1601(f)(4)(D) of Pub. L. 105–34 effective as if included in the provisions of the Small Business Job Protection Act of 1996, Pub. L. 104–188, to which it relates, see section 1601(j) of Pub. L. 105–34, set out as a note under section 23 of this title.
Pub. L. 105–2, § 2(e)(2),
Amendment by Pub. L. 104–188 effective on 7th calendar day after
Pub. L. 101–508, title XI, § 11213(a)(3),
Pub. L. 101–239, title VII, § 7503(b),
Pub. L. 100–223, title IV, § 404(d)(1),
Amendment by Pub. L. 99–514 effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, Pub. L. 98–369, div. A, to which such amendment relates, see section 1881 of Pub. L. 99–514, set out as a note under section 48 of this title.
Pub. L. 98–369, div. A, title X, § 1018(c)(2),
Pub. L. 97–248, title II, § 280(d),
Amendment by Pub. L. 94–455 effective on first day of first month which begins more than 90 days after
Amendment by Pub. L. 91–258 applicable to transportation beginning after
Pub. L. 89–44, title VII, § 701(b)(3),
Pub. L. 87–508, § 5(b),
Act July 25, 1956, ch. 725, § 6, 70 Stat. 646, provided that:
For provisions that nothing in amendment by section 401(b)(42) of Pub. L. 115–141 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to
Due date for deposits of taxes imposed by this section which would be required to be made after
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after
Provisions relating to inflation adjustment of items in this section for certain years were contained in the following:
2011—Internal Revenue News Release IR 2010–129,
2010—Internal Revenue News Release IR 2009–120,