S.Amdt. 2614

SA 2614. Mr. BUNNING submitted an amendment intended to be proposed by him to the bill S. 1072, to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes; which was ordered to lie on the table; as follows:

Insert in the appropriate place SECTION 1. TEMPORARY SPECIAL RULES FOR REFUND OF THE COAL EXCISE TAX TO CERTAIN COAL EXPORTERS.

(a) In General.--Notwithstanding sections 6416(a)(1) and (c) and 6511 of the Internal Revenue Code of 1986, the amount of any tax imposed on exported coal under section 4121 of such Code shall be refunded to the exporter of such coal and consistent with the requirements of this section and otherwise applicable provisions of such Code.

(b) Limitations.--

(1) Time of filing.--Subsection (a) shall apply only with respect to amounts of tax for which a return was filed on or after December 28, 1992, and before April 1, 2003.

(2) Exporters related to producers excluded.--Subsection (a) shall not apply with respect to the amount of tax on any coal if the exporter of such coal is also the producer of such coal--

(A) is related (within the meaning of section 144(a)(3) of such Code) to the producers or seller of such coal, or

(B) has a contract, fee arrangement, or any other agreement with the producer or seller of such coal to sell such coal to a third party on behalf of the producer or seller of such coal.

(c) Requirements.--No refund shall be made under this section unless the exporter establishes, through statements, documentation or other evidence--

(1) the amount of the tax imposed under section 4121 of such Code on such coal;

(2) the quarter and year that such tax was required to be remitted or paid by the producer or seller of the coal to the Secretary;

(3) that the amount of such tax was included in the price paid by the exporter for such coal;

(4) that such coal was exported; and

(5) that the exporter--

(A) has not included the tax in the price of such coal and has not collected the amount of such tax from the person who purchased such coal;

(B) has repaid the amount of the tax to the ultimate purchaser of the coal to the making of the refund; or

(C) has filed with the Secretary the written consent of the ultimate purchaser of the coal to the making of the refund.

(d) Presumption of Payment.--If the requirements of Subsection (c) are met, it is presumed that the tax was paid or remitted by the exporter to the government, and the exporter shall be treated as the person (and the only person) who paid the tax.

(e) Sunset.--This section shall not apply to any claim for refund filed after the date which is 1 year after the date of the enactment of this Act.