Internal Revenue Service

Aviation Tax: IRS Audit Techniques Guide Internal Revenue Service

The aviation market segment includes all persons involved in commercial and noncommercial air transportation. This group includes but is not limited to -- Scheduled commercial airlines, -- On-demand air taxi services, -- Charter airlines, -- Integrated package delivery companies, -- Travel agencies and tour brokers, -- Businesses and individuals that operate aircraft for their own use, -- Individuals who purchase airline tickets, and -- Marketers of fuel that is used in aircraft. The Internal Revenue Code (IRC) imposes taxes on both commercial and noncommercial aviation. For flights in commercial aviation, a tax is imposed on amounts paid for the transportation of persons by air (IRC section 4261) and property by air (IRC section 4271). Also, commercial aviation is burdened by a relatively small fuel tax on aviation gasoline (IRC sections 4081 and 6421) and aviation fuel (other than gasoline) (IRC section 4091). For flights in noncommercial aviation, a much higher rate of tax on fuel is imposed.