Issue Number: IR-2026-122Inside This Issue
IRS provides dyed diesel fuel relief related to excise tax following President Trump’s Executive Order IR-2026-122, October 14, 2026 WASHINGTON — The Internal Revenue Service today announced that, in response to the President’s October 5, 2026 Executive Order, Emergency Tax Relief on Diesel Fuel, it will not impose a penalty when dyed diesel fuel is sold for use or used on highways nationwide. The relief is retroactive to October 1, 2026, and will remain in effect until December 31, 2026. Relief is available to any person that sells dyed diesel fuel or uses dyed diesel fuel for highway use. Ordinarily, dyed diesel fuel is not subject to tax because it is destined for an exempt use, such as use on a farm for farming purposes; however, it would be taxed if sold for highway use or used to power a vehicle on the highway. Generally, the person liable for the tax is the person who sells dyed diesel fuel at retail or, if the dyed diesel fuel is not purchased at retail, the operator of the motor vehicle (e.g., dyed diesel fuel held in a storage tank on a farm). During the relief period, ordinary procedures for collection and enforcement will be suspended. All IRS Fuel Compliance Officers will be re-assigned other responsibilities, and no federal inspections of on-road dyed fuel usage will occur. During the relief period, taxpayers need not maintain records necessary to substantiate their eligibility for relief. The IRS will not impose any penalties related to the excise tax for dyed diesel fuel sold for use or used in diesel-powered vehicles on highways nationwide during the relief period. This relief includes penalties for failure to make semimonthly deposits of tax or to maintain adequate records. Sellers and distributors are under no obligation to investigate or document the ultimate end-use of dyed fuel sold during the relief period. Taxpayers who believe they qualify for relief but receive a penalty notice should follow the instructions in the notice or contact the IRS for assistance. The IRS anticipates that it will issue further guidance as to the postponement under 26 U.S.C. 7508A of payment of taxes imposed by 26 U.S.C. 4041(a)(1)(A) or by 26 U.S.C. 4041(b)(1)(B) and will explore avenues to eliminate the obligation to pay any amounts deferred. Forthcoming IRS guidance will detail how this relief applies to Form 720 (Quarterly Federal Excise Tax Return) and any other relevant forms. This relief only applies for federal tax purposes. It has no effect on state fuel taxes and penalties that a state may impose on the use of dyed diesel fuel on the highway. Many, but not all, states have provided similar state excise tax-related relief. Taxpayers are encouraged to refer to their applicable state agencies for the latest guidance on state-level relief.
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