Internal Revenue Service

Coal Excise Tax: IRS Audit Techniques Guide Internal Revenue Service

Section 4121 of the Internal Revenue Code imposes an excise tax on domestically produced coal. The tax does not apply to lignite. Lignite is defined in accordance with the standard specifications for classification of coals by rank of the American Society for Testing and Materials (ASTM). The taxes collected on the sales of coal are deposited to the Black Lung Disability Trust Fund to finance payments of black lung benefits to afflicted miners. Producers of coal in the United States are liable for the tax upon the first sale or use of the coal. The producer is the person who has vested interest in the coal immediately after its severance from the ground without regard to the existence of any contractual arrangements for the sale or other disposition of the coal or the payment of any royalties between the producer and third parties. The tax is imposed at two rates, depending on whether the coal is from underground (deep) or surface mines.