Applying Agreed-Upon Procedures
Fiscal Year 2010 Highway Trust Fund Excise Taxes
Gao ID: GAO-11-121R November 4, 2010
In Process
The Inspector General is responsible for the adequacy of these agreed-upon procedures to meet your objectives, and we make no representation in that respect. The procedures we agreed to perform were related to (1) transactions that represent the underlying basis of amounts distributed from the general fund to the HTF during fiscal year 2010, (2) the Internal Revenue Service's (IRS) quarterly HTF excise tax receipt certifications prepared during fiscal year 2010, (3) the U.S. Department of the Treasury's Financial Management Service adjustments to HTF excise tax distributions during fiscal year 2010, (4) the U.S. Department of the Treasury's Office of Tax Analysis's (OTA) estimates of excise tax amounts to be distributed to the HTF for the fourth quarter of fiscal year 2010, (5) adjustments to the HTF for tax on kerosene used in aviation during fiscal year 2010, and (6) the amount of net excise taxes distributed to the HTF during fiscal year 2010.
GAO-11-121R, Applying Agreed-Upon Procedures: Fiscal Year 2010 Highway Trust Fund Excise Taxes
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The Honorable Calvin L. Scovel III:
Inspector General:
U.S. Department of Transportation:
Subject: Applying Agreed-Upon Procedures: Fiscal Year 2010 Highway
Trust Fund Excise Taxes:
Dear Mr. Scovel:
We have performed the procedures described in the enclosure to this
letter, which we agreed to perform and with which you concurred, solely
to assist your office in ascertaining whether the net excise tax
revenue distributed to the Highway Trust Fund (HTF) for the fiscal year
ended September 30, 2010, is supported by the underlying records. As
agreed with your office, we evaluated fiscal year 2010 activity
affecting excise tax distributions to the HTF.
We conducted the engagement in accordance with U.S. generally accepted
government auditing standards, which incorporate certain financial
audit and attestation standards established by the American Institute
of Certified Public Accountants.
You are responsible for the adequacy of these agreed-upon procedures to
meet your objectives, and we make no representation in that respect.
The procedures we agreed to perform were related to (1) transactions
that represent the underlying basis of amounts distributed from the
general fund to the HTF during fiscal year 2010, (2) the Internal
Revenue Service's (IRS) quarterly HTF excise tax receipt certifications
prepared during fiscal year 2010, (3) the U.S. Department of the
Treasury's Financial Management Service adjustments to HTF excise tax
distributions during fiscal year 2010, (4) the U.S. Department of the
Treasury's Office of Tax Analysis's (OTA) estimates of excise tax
amounts to be distributed to the HTF for the fourth quarter of fiscal
year 2010, (5) adjustments to the HTF for tax on kerosene used in
aviation during fiscal year 2010, and (6) the amount of net excise
taxes distributed to the HTF during fiscal year 2010. The enclosure
provides more detail on the agreed-upon procedures and our results.
We were not engaged to perform, and did not perform, an examination,
the objective of which would have been to express an opinion on the
amount of net excise taxes distributed to the HTF during fiscal year
2010. Accordingly, we do not express such an opinion. Had we performed
additional procedures, other matters might have come to our attention
that we would have reported to you. We completed the agreed-upon
procedures on October 27, 2010.
We provided a draft of this letter, along with the enclosure, to IRS
and OTA officials for review and comment. IRS agreed with the results
and findings presented in the enclosure. OTA agreed with the results
and findings presented in the enclosure relating to its
responsibilities, that is, the procedures performed in the estimation
process for the quarter ended September 30, 2010.
This report is intended solely for the use of the Office of Inspector
General of the U.S. Department of Transportation and should not be used
by those who have not agreed to the procedures or have not taken
responsibility for the sufficiency of the procedures for their
purposes. However, the report is a matter of public record, and its
distribution is not limited. The report is available at no charge on
the GAO Web site at [hyperlink, http://www.gao.gov].
If you have any questions concerning this report, please contact me at
(202) 512-3406 or sebastians@gao.gov. Contact points for our Offices of
Congressional Relations and Public Affairs may be found on the last
page of this report.
Sincerely yours,
Signed by:
Steven J. Sebastian:
Director:
Financial Management and Assurance:
Enclosure:
Highway Trust Fund Excise Tax Procedures and Results:
I. Procedures on Transactions That Represent the Underlying Basis of
Amounts Distributed to the Highway Trust Fund (HTF) in Fiscal Year
2010:
A. Nonstatistical selection of tax returns from the quarters ended June
30, 2009,[Footnote 1] and September 30, 2009[Footnote 2]
1. For each of the quarters ending June 30, 2009, and September 30,
2009, select the 30 largest excise tax returns containing excise taxes
related primarily to the HTF and the Airport and Airway Trust Fund
(AATF) on the basis of total tax liability amount[Footnote 3] from the
Internal Revenue Service's (IRS) master file.[Footnote 4]
Description of Findings and Results:
We selected the 30 largest excise tax returns related primarily to the
HTF and the AATF from each of the two quarters for testing. The
selection was based on the total tax liability amount and type of taxes
owed for each return from IRS's master file.
The total tax liability amount related to the 30 returns from the
quarter ended June 30, 2009, was approximately $9.1 billion or 72
percent of the total recorded tax liability amount of $12.7 billion for
all excise tax returns for the quarter. Of these 30 returns, 21
contained primarily HTF-related tax liabilities and 9 contained
primarily AATF-related tax liabilities.
The total tax liability amount related to the 30 returns from the
quarter ended September 30, 2009, was approximately $9.2 billion or 71
percent of the total recorded tax liability amount of $12.9 billion for
all excise tax returns for the quarter. Of these 30 returns, 21
contained primarily HTF-related tax liabilities and 9 contained
primarily AATF-related tax liabilities. Of the 60 returns selected from
these two quarters, 42 contained primarily HTF-related tax liabilities,
and 18 contained primarily AATF-related tax liabilities.
2. For each of the returns related primarily to the HTF, perform the
following procedures:
(a) Compare the assessment amounts for diesel fuel tax and gasoline
tax, abstracts[Footnote 5] 60 and 62 respectively, from the tax return
to IRS's master file for agreement.
Description of Findings and Results:
The assessment amounts for diesel fuel tax and gasoline tax, abstracts
60 and 62 respectively on the tax return, agreed with the master file
for all 42 returns containing primarily HTF-related tax liabilities.
(b) Calculate the assessment amounts on the tax return for the selected
abstracts to determine whether they are mathematically correct.
Description of Findings and Results:
The assessment amounts for the selected abstracts were mathematically
correct on all 42 returns containing primarily HTF-related tax
liabilities.
(c) Calculate the prorated collection amount[Footnote 6] for the
selected abstracts based on information from the master file and
compare this amount to the amount in the Collection Certification
System audit files[Footnote 7] for agreement.
Description of Findings and Results:
The independently calculated prorated collection amounts for the
selected abstracts agreed with amounts in the Collection Certification
System audit files for all 42 returns containing primarily HTF-related
tax liabilities.
B. Statistical selection of attribute and monetary unit samples (MUS)
from the quarters ended December 31, 2009, and March 31, 2010:
1. Sampling and other procedures:
(a) Compare excise tax collections from IRS's master file with excise
tax collections from IRS's Collection Certification System audit files
for the first two quarters of fiscal year 2010 to determine if they
materially agree.[Footnote 8]
Description of Findings and Results:
Excise tax collections from IRS's master file materially agreed with
IRS's Collection Certification System for the first two quarters of
fiscal year 2010.
(b) Compare excise tax collections from IRS's master file with excise
tax collections from IRS's general ledger for the first 9 months of
fiscal year 2010 to determine if they materially agree.[Footnote 9]
Description of Findings and Results:
Excise tax collections from IRS's master file materially agreed with
IRS's general ledger for the first 9 months of fiscal year 2010.
(c) Select a random attribute sample of 78 excise tax returns from
IRS's master file.[Footnote 10] Compare assessment and receipt
information for each return from IRS's master file to IRS's Collection
Certification System for agreement.
Description of Findings and Results:
For all 78 returns, assessment and receipt information from IRS's
master file agreed with the information in IRS's Collection
Certification System.
(d) Sum the prorated collections for selected abstracts[Footnote 11]
from IRS's Collection Certification System audit files and compare
these amounts to amounts in the Report of Excise Tax
Collection[Footnote 12] to determine if the Collection Certification
System properly summarized the prorated collections.
Description of Findings and Results:
The Collection Certification System properly summarized the prorated
collections for all of the selected abstracts. Prorated collections
from the audit files for the selected abstracts agreed with the
corresponding amounts in the Report of Excise Tax Collection.
(e) Separate the total population of prorated collections from IRS's
Collection Certification System audit files into the following distinct
populations: (1) HTF, (2) AATF, and (3) other excise tax abstracts. Use
MUS to select a sample of prorated excise tax collections from the HTF
population using a confidence level of 80 percent, a tolerable
misstatement of $349 million, and an expected aggregate error amount of
$105 million.[Footnote 13]
Description of Findings and Results:
Use of MUS with a confidence level of 80 percent, a tolerable
misstatement of $349 million, and an expected aggregate error amount of
$105 million resulted in a sample of 94[Footnote 14] prorated
collections for the HTF for the first two quarters of fiscal year 2010.
(f) Select samples of prorated excise tax collections from the two non-
HTF populations. Use MUS to select a sample of prorated excise tax
collections from the AATF population using a confidence level of 80
percent, a tolerable misstatement of $106 million, and an expected
aggregate error amount of $32 million.[Footnote 15] Select a random
attribute sample of 45 items from the population of prorated tax
collections related to all excise taxes other than the HTF and the
AATF.[Footnote 16]
Description of Findings and Results:
Use of MUS with a confidence level of 80 percent, a tolerable
misstatement of $106 million, and an expected aggregate error amount of
$32 million resulted in a sample of 66[Footnote 17] prorated
collections for the AATF for the first two quarters of fiscal year
2010.
A random attribute sample of 45 items was selected from the population
of prorated tax collections related to all excise taxes other than the
HTF and the AATF.
2. Procedures on transactions:
(a) For each prorated excise tax collection sampled from the HTF
population:
* Compare the assessment amount for the sampled item from the tax
return to IRS's master file for agreement.
Description of Findings and Results:
The assessment amount on the tax return agreed with the assessment
amount recorded in IRS's master file for each of the 94 sampled items.
* Calculate the assessment amount on the tax return for the sampled
item to determine whether it is mathematically correct.
Description of Findings and Results:
The assessment amount on the tax return was mathematically correct for
each of the 94 sampled items.
* Calculate the prorated collection amount for the sampled item based
on information from IRS's master file and compare this amount to the
amount in IRS's Collection Certification System audit files for
agreement.
Description of Findings and Results:
The independently calculated prorated collection amount agreed with the
amount in IRS's Collection Certification System audit files for each of
the 94 sampled items.
(b) Inspect the tax returns and master file information for the two
samples of prorated collections from the non-HTF populations to
determine if they contain any HTF excise tax collections.
Description of Findings and Results:
The two samples of prorated collections from the non-HTF populations
did not contain any HTF excise tax collections.
(c) Evaluate the results of conducting steps (a) and (b).
Description of Findings and Results:
For the first two quarters of fiscal year 2010, the net most likely
error was $0 with an upper error limit of $202 million at the 80
percent confidence level.
II. Procedures on IRS's Quarterly HTF Excise Tax Receipt
Certifications:
Perform the following procedures on IRS's HTF excise tax receipt
certifications for the quarters ended September 30, 2009, December 31,
2009, March 31, 2010, and June 30, 2010:
A. Inspect the certification letters[Footnote 18] for authorizing
signatures.
Description of Findings and Results:
The certification letters for all four quarters had authorizing
signatures.
B. Inspect the certification letters and supporting worksheets to
determine if evidence exists that they were reviewed by the supervisor
or another analyst.
Description of Findings and Results:
There was evidence that the supervisor or another analyst reviewed the
certification letters and supporting worksheets for all four quarters.
C. Calculate the totals on the certification letters to determine if
they are mathematically correct.
Description of Findings and Results:
The totals on the certification letters for all four quarters were
mathematically correct.
D. Trace the certified amounts for diesel fuel tax (abstract 60) and
gasoline tax (abstract 62)[Footnote 19] from the certification letters
back to the Report of Excise Tax Collection[Footnote 20] and the
Treasury 90 Report[Footnote 21] for agreement.
Description of Findings and Results:
The certified amounts for diesel fuel tax (abstract 60) and gasoline
tax (abstract 62) from the certification letters agreed with the
related Report of Excise Tax Collection and the Treasury 90 Report for
all four quarters.
E. Compare the distribution rates used by IRS for diesel fuel tax
(abstract 60) and gasoline tax (abstract 62) for agreement with the
applicable laws.
Description of Findings and Results:
The distribution rates used by IRS for diesel fuel tax (abstract 60)
and gasoline tax (abstract 62) agreed with the applicable laws in
effect during all four quarters.
F. Inspect the Report of Excise Tax Collection used in the
certification to determine if it contains significant[Footnote 22]
collections from prior quarters.
Description of Findings and Results:
The Report of Excise Tax Collection used in the certification for all
four quarters did not contain significant collections from prior
quarters.
G. Trace heavy vehicle use tax amounts from the Highway Account
certification letters to the master file and Treasury 90
Report.[Footnote 23]
Description of Findings and Results:
The heavy vehicle use tax amounts from the Highway Account
certification letters agreed with the master file and Treasury 90
Report for all four quarters.
H. For the quarter ended June 30, 2010, only, inquire with IRS whether
any excise tax returns from its list of the largest excise taxpayers
were omitted from its certification.[Footnote 24] For any such returns
that were omitted but were subsequently received by IRS, report the
total amount of HTF-related tax collections from these tax returns. For
any such returns that were omitted and where IRS has not yet received
these, report the average amount of HTF-related tax collections from
the taxpayer(s) based on the previous four quarters.
Description of Findings and Results:
According to IRS, no tax returns from its list of the largest excise
taxpayers were omitted from its certification for the quarter ended
June 30, 2010.
III. Procedures on Financial Management Service Adjustments:
Perform the following procedures on the Financial Management Service
(FMS) adjustments to HTF excise tax distributions for the quarters
ended September 30, 2009, December 31, 2009, March 31, 2010, and June
30, 2010:
A. Calculate the FMS adjustment amounts based on the Office of Tax
Analysis (OTA) transfer forms[Footnote 25] and IRS certification
letters to determine if they are mathematically correct.
Description of Findings and Results:
The FMS adjustment amounts for all four quarters were mathematically
correct. For the Highway Account, the adjustment amounts were[Footnote
26]
* $55,491,000 for the quarter ended September 30, 2009;
* ($317,784,000) for the quarter ended December 31, 2009;
* $106,935,000 for the quarter ended March 31, 2010; and:
* ($319,804,000) for the quarter ended June 30, 2010.
For the Mass Transit Account, the adjustment amounts were:
* $51,094,000 for the quarter ended September 30, 2009;
* ($35,978,000) for the quarter ended December 31, 2009;
* $4,963,000 for the quarter ended March 31, 2010; and:
* ($75,849,000) for the quarter ended June 30, 2010.
IV. Procedures on Excise Tax Distributions to the HTF for the Quarter
Ended September 30, 2010:
A. Determine if OTA prepares a tax rate table to capture information
concerning tax rates, tax basis, accounts, and deposit rules in effect
during the quarter ended September 30, 2010, and whether OTA uses this
rate table in its trust fund estimates[Footnote 27] for the quarter.
Description of Findings and Results:
OTA prepared a tax rate table to capture information concerning tax
rates, tax basis, accounts, and deposit rules in effect during the
quarter. OTA used the rate table in preparing the five semimonthly
estimates that affect fiscal year 2010 distributions to the HTF.
B. Inspect the transfer forms and supporting schedules to determine if
there is evidence of review.
Description of Findings and Results:
There was evidence that another OTA economist reviewed the transfer
forms and supporting schedules affecting distributions from the general
fund to the HTF for the quarter ended September 30, 2010.
C. Calculate the totals on the transfer forms to determine if they are
mathematically correct.
Description of Findings and Results:
The totals on the transfer forms affecting distributions to the HTF for
the quarter ended September 30, 2010, were mathematically correct.
D. Trace the transfer amounts for diesel fuel tax (abstract 60),
gasoline tax (abstract 62), and heavy vehicle use tax[Footnote 28] from
the transfer forms back to the related source documents[Footnote 29]
for agreement.
Description of Findings and Results:
The transfer amounts for diesel fuel tax (abstract 60), gasoline tax
(abstract 62), and heavy vehicle use tax from the transfer forms agreed
with the related source documents for the quarter ended September 30,
2010.
V. Other Procedures:
A. Determine if IRS and OTA made adjustments to the HTF for tax on
kerosene used in aviation during fiscal year 2010, and calculate the
adjustment amounts to determine if they were mathematically
correct.[Footnote 30]
Description of Findings and Results:
Adjustments to the HTF for tax on kerosene used in aviation were made
during fiscal year 2010 and were mathematically correct. For the
Highway Account, the adjustment amounts were[Footnote 31]
* ($202,225,000) for the quarter ended September 30, 2009;
* ($134,556,000) for the quarter ended December 31, 2009;
* ($142,141,000) for the quarter ended March 31, 2010;
* ($129,718,000) for the quarter ended June 30, 2010; and:
* ($177,974,000) for the quarter ended September 30, 2010.
For the Mass Transit Account, the adjustment amounts were:
* ($26,977,000) for the quarter ended September 30, 2009;
* ($17,950,000) for the quarter ended December 31, 2009;
* ($18,962,000) for the quarter ended March 31, 2010;
* ($17,305,000) for the quarter ended June 30, 2010; and:
($23,743,000) for the quarter ended September 30, 2010.
B. Using IRS's quarterly certifications, OTA's estimated distributions,
and any adjustments, compile and report the amount of net excise taxes
and penalties[Footnote 32] distributed to the HTF in fiscal year 2010.
Description of Findings and Results:
Based on a compilation of IRS's quarterly certifications, OTA's
estimations, and adjustments, the amount of net excise taxes that
should have been distributed to the HTF in fiscal year 2010 was
$34,975,135,480.
(196214):
[End of section]
Footnotes:
[1] In October 2009, the Internal Revenue Service (IRS) completed its
certification of excise tax distributions to the HTF for the quarter
ended June 30, 2009, and the U.S. Department of the Treasury's
Financial Management Service (FMS) recorded the corresponding
adjustment to transfer funds between the general fund and the trust
fund. HTF administrators recorded the adjustment amount on the HTF
financial statements for fiscal year 2009.
[2] The IRS certification of excise tax distributions and corresponding
FMS adjustment for the quarter ended September 30, 2009, were completed
in February 2010, and thus affected distributions to the HTF during
fiscal year 2010.
[3] Although the certifications are based on amounts collected, we used
the tax liability amounts to identify the taxpayers paying the largest
amounts of excise taxes. These taxpayers generally pay their excise
taxes in full each quarter.
[4] The master file is a detailed database containing taxpayer
information.
[5] The abstract numbers identify the tax type (e.g., gasoline and
ticket tax) and are used as the basis for determining the distribution
of the excise taxes to the various trust funds. Abstract numbers are
preprinted on Form 720, Quarterly Federal Excise Tax Return, and are
used by the taxpayer to report excise tax assessments. If the return
was related to the HTF, we selected (1) diesel fuel tax (abstract 60),
and (2) gasoline tax (abstract 62). If the return was related to the
AATF, we selected (1) tax on transportation of persons by air (abstract
26), (2) tax on the use of international air travel facilities
(abstract 27), and (3) tax on transportation of property by air
(abstract 28). The tax amounts related to the selected abstracts for
each trust fund are the largest tax amounts reported on the taxpayer's
excise tax return and made up over 87 percent of the total amount
certified to the HTF and over 92 percent of the total amount certified
to the AATF for each of the quarters ended June 30, 2009, and September
30, 2009, respectively.
[6] These procedures encompassed approximately $13.8 billion in
prorated collections affecting distributions to the HTF. IRS certifies
to trust funds the amount of excise taxes collected. Because taxpayers
have sometimes not fully paid their tax liability, IRS must allocate
the amount of payments actually received among the different excise
taxes reported on the taxpayers' returns. IRS's Collection
Certification System prorates a taxpayer's payments proportionately
among all taxes reported as owed on the tax return. For example, if a
corporation reports that it owes $4 million for gasoline tax, $2
million for diesel fuel tax, and $1 million for kerosene tax on its
Form 720, Quarterly Federal Excise Tax Return, but has paid IRS only
$3.5 million at the time IRS performs its certification, the program
prorates the $3.5 million in the following manner: $2 million to
gasoline tax, $1 million to diesel fuel tax, and $500,000 to kerosene
tax.
[7] The Collection Certification System produces what IRS refers to as
audit files. These audit files contain the individual prorated
collections by abstract and taxpayer identification number. The
certified amounts to the trust funds are calculated by subtracting
credits from prorated collections and then multiplying the difference
by the applicable trust fund distribution rates.
[8] For the purpose of this procedure, "material" is defined as 1
percent of the excise tax collections for the quarters ended December
31, 2009, and March 31, 2010.
[9] This is a reconciliation of all excise tax collections that posted
to the master file and general ledger during the first 9 months of
fiscal year 2010 and is not limited to the first two quarters. For the
purpose of this procedure, "material" is defined as 1 percent of the
excise tax collections for the first 9 months of fiscal year 2010.
[10] For this sample, if one or no errors were found in our comparison
of the 78 items, we would be 90 percent confident that the error rate
in the population would not exceed 5 percent.
[11]
The selected abstracts are (1) diesel fuel tax (abstract 60), (2)
gasoline tax (abstract 62), (3) tax on transportation of persons by air
(abstract 26), (4) tax on the use of international air travel
facilities (abstract 27), (5) tax on transportation of property by air
(abstract 28), and (6) tax on kerosene for use in commercial aviation
(abstract 77). The tax amounts for the two HTF-related abstracts made
up over 92 percent of the total amount certified to the HTF, and the
tax amounts for the four AATF-related abstracts made up over 97 percent
of the total amount certified to the AATF for the quarters ended
December 31, 2009, and March 31, 2010.
[12] The Report of Excise Tax Collection contains prorated collections,
classified by abstracts, which serve as the basis for IRS's quarterly
trust fund certifications.
[13] The $349 million tolerable misstatement represents approximately 1
percent of the net excise tax revenue distributed to the HTF in fiscal
year 2009. The expected aggregate error amount of $105 million
represents approximately 30 percent of the tolerable misstatement
amount.
[14] The planned sample size using MUS was 142 items. MUS selects
dollars versus specific transaction items by dividing the population of
prorated excise tax collections by dollar intervals. The dollar
interval for the HTF was $127 million. Accordingly, any item with a
dollar value equal to or exceeding the interval would be selected,
whereas items less than the interval might not be selected. For
example, an item of $254 million would cover two dollar intervals, but
represent one sample item. Because large-dollar items cover more than
one interval, the 94 unique sampled transactions selected represented
142 dollar intervals.
[15] The $106 million tolerable misstatement represents approximately 1
percent of the net excise tax revenue distributed to the AATF in fiscal
year 2009. The expected aggregate error amount of $32 million
represents approximately 30 percent of the tolerable misstatement
amount.
[16] For this sample, if no errors were found in performing procedures
on the 45 items, we would be 90 percent confident that the error rate
in the population would not exceed 5 percent.
[17] The planned sample size using MUS was 133 items. As explained in
footnote 14, MUS selects dollars instead of specific transaction items
by dividing the population of prorated excise tax collection by dollar
intervals. The dollar interval for AATF was $38 million. Because large-
dollar items cover more than one interval, the 66 unique sampled
transactions selected represented 133 dollar intervals.
[18] IRS prepares two certification letters for the HTF each quarter:
one for the Highway Account and the other for the Mass Transit Account.
[19] The certified amounts for diesel fuel tax (abstract 60) and
gasoline tax (abstract 62), along with the heavy vehicle use tax
(traced separately), made up over 93 percent of the total amount of
excise tax receipts certified by IRS to the HTF for each quarter in
fiscal year 2010.
[20] The Report of Excise Tax Collection is produced by the Collection
Certification System. Collections are classified by abstract on the
report when the related Form 720 tax return has been posted to IRS's
master file during the processing interval covered by the report. IRS
uses data from three of these reports, covering sequential processing
intervals, for each quarterly certification. The three reports used may
contain collections related to prior quarters that IRS certifies as
part of the current quarter's collections because the related return
was not posted to the master file until the processing intervals
covered by these reports.
[21] The Treasury 90 Report summarizes excise tax credit information
and is produced quarterly by IRS service center campus systems. IRS has
six service center campuses that receive and process tax returns and
payments.
[22] For this procedure, "significant" is defined as $185 million,
which represents approximately 2 percent of the total amount of excise
tax receipts IRS certified to the HTF for each quarter of fiscal year
2010.
[23] These taxes, which go to the HTF, are reported on Form 2290 and
are not included in the Collection Certification System.
[24] IRS maintains a list of approximately 150 taxpayers that comprise
its largest excise taxpayers. To help ensure that tax return data for
the largest excise taxpayers are included in each quarterly excise tax
certification, IRS tracks the receipt of these returns and contacts
these taxpayers when necessary.
[25] The transfer forms denote the amounts estimated by OTA for
transferring excise taxes to the trust funds.
[26] A positive amount indicates that the FMS adjustment increased
excise taxes distributed to the account. A negative amount, shown in
parentheses, indicates that the FMS adjustment decreased excise taxes
distributed to the account.
[27] OTA makes semimonthly estimates of excise tax collections for
transfer to trust funds. There are five semimonthly estimates for the
quarter ended September 30, 2010, which affect fiscal year 2010
distributions to the HTF.
[28] The OTA estimated transfer amounts for diesel fuel tax (abstract
60), gasoline tax (abstract 62), and heavy vehicle use tax made up over
95 percent of the total amount transferred to the HTF for the fourth
quarter of fiscal year 2010.
[29] The source documents include the IRS report of excise taxes used
to derive the percentages applied to reported receipts, the Daily
Treasury Statement, the Monthly Treasury Statement, and the excise tax
rate table.
[30] Section 11161 of Pub. L. No. 109-59 (Aug. 10, 2005), Treatment of
Kerosene for Use in Aviation, taxes all kerosene taxpayers at the
standard kerosene rate, unless a taxpayer had removed the kerosene from
a refinery or terminal directly into an aircraft's fuel tank and thus
qualified for the lower aviation kerosene tax rate. Amounts received
under the standard kerosene tax are initially deposited in the HTF. If
a taxpayer subsequently used the kerosene in aviation, the taxpayer is
eligible for the lower tax rate associated with aviation kerosene and
can request a refund. The amount of the kerosene tax collected from the
taxpayer, net of refunds, is transferred from the HTF to the AATF.
[31] The adjustments for the quarters ended September 30, 2009;
December 31, 2009; March 31, 2010; and June 30, 2010, were included in
the IRS receipt certifications, and the adjustment for the quarter
ended September 30, 2010, was included in the OTA estimates. The
adjustment amounts, shown in parentheses, represent excise taxes
transferred from the HTF to the AATF and general fund.
[32] Section 868 of Pub. L. No. 108-357 (Oct. 22, 2004), Dedication of
Revenues from Certain Penalties to the Highway Trust Fund, requires
that certain fuel-related penalties, which are assessed and collected
by IRS, be distributed to the HTF. IRS includes such amounts in its
quarterly certification to the HTF.
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