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Federal Fuels Taxes and Tax Credits

The AEO2007 reference case and alternative cases generally assume compliance with current laws and regulations affecting the energy sector. Some provisions of the U.S. Tax Code are scheduled to expire, or may be subject to adjustment, before the end of the projection period. In general, scheduled expirations and adjustments provided in legislation or regulations are assumed to occur, unless there is significant historical evidence to support an alternative assumption. This section examines the AEO2007 treatment of three provisions that could have significant impacts on U.S. energy markets: the gasoline excise tax, biofuel (ethanol and biodiesel) tax credits, and the PTC for electricity generation from certain renewable resources. 

Excise Taxes on Highway Fuels

Excise taxes on highway fuels have been a dedicated source of funding for the Federal Highway Trust Fund since its creation in 1956. The Federal Government levies a tax of 18.4 cents per gallon on domestic gasoline sales and 24.4 cents per gallon on diesel fuel. The tax levels were last adjusted in 2003. Since 1932, when the first Federal excise tax on gasoline was imposed, it has been adjusted by Congress almost 20 times. 

Because the statutes do not specify that the Federal excise taxes on highway fuels will be adjusted for inflation, and because they have not been adjusted at regular intervals in the past, they are assumed to remain at current levels in nominal terms through 2030. This assumption can, however, result in seemingly inconsistent results. For example, both the Federal Highway Administration and the Congressional Budget Office (CBO) project that the Highway Account in the Highway Trust Fund will have a negative balance by 2009, based on their respective receipts and outlays [30, 31].Because EIA does not track expenditures on specific transportation infrastructure requirements, the AEO2007 projections for vehicle miles traveled are not affected by the loss of funding for upkeep of the Nation’s transit system, including maintenance of highways and bridges, which would be necessary to support the projected levels of vehicle use. 

In addition to the Federal excise tax on highway fuels, the States and some local governments also levy excise or sales taxes on highway fuels. State and local fuel taxes are kept constant in real terms in AEO2007, based on analysis of aggregate historical adjustments to State and local fuel taxes, and reflecting the calculation of State sales taxes as a percentage of the sales price of the fuel [32]. 

Biofuels Tax Credits

The ethanol tax credit provides a credit against Federal gasoline taxes that is worth 51 cents for every gallon of ethanol blended into the gasoline pool. For a typical gasoline blend with 10 percent ethanol, the credit reduces the Federal excise tax (18.4 cents per gallon) by 5.1 cents, resulting in an effective tax rate of 13.3 cents per gallon for the blender. Currently, the ethanol tax credit is scheduled to expire in 2010; however, it has been in effect since 1978, and while it has been adjusted both up and down, it has consistently been extended [33]. AEO2007 assumes that reauthorizations will continue throughout the projections. 

Biodiesel also receives a tax credit, at $1.00 per gallon for biodiesel produced from virgin oils and 50 cents per gallon for biodiesel produced from recycled oils. The credit is scheduled to expire in 2008, and AEO2007 assumes that it will not be reauthorized. The biodiesel tax credit was established by the American Jobs Creation Act of 2004, with a 2006 expiration date. It was extended to 2008 in EPACT2005, after the industry had sought an extension to 2010 [34]. If the credit is reauthorized after 2008, it will have a significant impact on biodiesel production. 

Production Tax Credit for Renewable Electricity Generation

A PTC of 0.95 to 1.9 cents per kilowatthour [35] is provided for sales of electricity generated from certain renewable resources at qualifying facilities for the first 10 years of their operation. The PTC is adjusted by the IRS each year, based on the annual inflation rate. First established in 1992, the PTC has been allowed to expire three times, followed by after-the-fact reauthorizations [36]. It has been modified significantly with each extension, including changes in the qualifying resources (adding some, removing others), the value and duration of the credit for certain resources, and the interaction with other aspects of the Tax Code (such as the alternative minimum tax). While the AEO2007 reference case assumes that the PTC will expire at the end of 2007, both AEO2007 and previous AEOs include alternative cases that consider the impacts of a PTC extension.

 

 

Notes and Sources

 

Contact: Sean Hill
Phone: 202-586-4247
E-mail: sean.hill@eia.doe.gov