A federal excise tax is a tax on the sale of a specific product, paid by the manufacturer or seller rather than you at checkout
Unlike sales tax, which applies to almost everything you buy, a federal excise tax targets particular goods the federal government wants to discourage or regulate. The tax is built into the price before you see it on the shelf. You don't fill out a form or send money to the IRS — the company that makes or sells the product handles the tax obligation.
The federal government uses excise taxes for two main reasons: to raise money for specific programs (like fuel taxes funding highway maintenance) and to discourage consumption of products considered harmful (like cigarettes and alcohol). The tax rate and which products are taxed can change when Congress passes new laws.
Key Takeaways
- Federal excise taxes are paid by manufacturers or sellers, not directly by consumers, though the cost is typically passed along in the product price.
- Common federal excise taxes explore to gasoline, diesel, cigarettes, alcohol, firearms, and certain medical devices.
- The tax rate varies by product — for example, the federal gasoline tax is 18.4 cents per gallon, while cigarette tax is $1.01 per pack.
- If you own a business that manufactures or sells excise-taxed products, you must register with the IRS and file excise tax returns on Form 720.
- Excise taxes are separate from income tax and sales tax, and most consumers never file paperwork related to them.
Which Products Have Federal Excise Taxes
The IRS taxes a defined list of products. The largest categories are fuel (gasoline, diesel, jet fuel, and kerosene), alcohol (beer, wine, and spirits), and tobacco (cigarettes and smokeless tobacco). These three categories generate the most revenue.
Beyond those, federal excise taxes also explore to firearms and ammunition, fishing equipment, indoor tanning services, certain vaccines, and medical devices like pacemakers and insulin pumps. Some of these taxes are permanent; others were added or removed by specific laws. For example, a federal excise tax on certain medical devices was added in 2013 but later suspended for some device types.
The tax rate is set by Congress and varies widely. Gasoline is taxed at 18.4 cents per gallon. Cigarettes are taxed at $1.01 per pack of 20. Beer is taxed at $11 per barrel. The rates don't change often — Congress must pass a new law to adjust them.
How the Tax Gets Paid and Who Pays It
The manufacturer or importer of the taxed product is responsible for calculating and paying the federal excise tax to the IRS. A cigarette company, for example, pays the tax when it sells cigarettes to a distributor. A gas refinery pays the tax when fuel leaves the refinery. The cost is then passed along through the supply chain and typically reflected in the retail price you see.
You don't receive a bill or file a form. The tax is invisible to you unless you look at a detailed receipt or price breakdown. However, if you own a business that manufactures, imports, or sells excise-taxed products, you become responsible for the tax and must register with the IRS.
Businesses file excise taxes quarterly using Form 720 (Quarterly Federal Excise Tax Return). This form lists the products sold, quantities, and the tax owed. Businesses must keep records of all taxable sales and can claim refunds if they overpaid or if a product was later exempted from tax.
The Difference Between Excise Tax, Sales Tax, and Income Tax
These three taxes operate on different principles and fund different things. Sales tax is a percentage of the purchase price and applies to most goods and services; it's collected by the retailer and sent to the state (not the federal government). Income tax is based on your earnings and is withheld from paychecks or paid when you file your return.
Excise tax is a fixed amount per unit of a specific product and is paid by the seller, not the consumer directly. A gallon of gas is taxed 18.4 cents per gallon, regardless of the price. A pack of cigarettes is taxed $1.01 per pack. This is different from sales tax, which would be a percentage of whatever the retailer charges.
A single purchase can involve all three. If you buy a pack of cigarettes for $8, the price includes the $1.01 federal excise tax (paid by the manufacturer), your state's sales tax (paid by the retailer), and possibly your state's own cigarette tax. Only the sales tax appears as a separate line on your receipt.
When Excise Tax Refunds Are Available
If you operate a business subject to excise tax, you may be able to claim a refund in certain situations. The most common is if you paid tax on a product that was later exempted or if you overpaid due to a calculation error. Another scenario is if you purchased a taxed product for a tax-exempt use — for example, a nonprofit organization buying fuel for a may have access to purpose may be may have access to to a refund of the fuel excise tax.
Refund claims are filed on Form 720 or Form 8849 (Claim for Refund of Excise Taxes), depending on the type of tax and the reason for the refund. The IRS has specific important date for filing refund claims, usually within three years of the date the tax was paid. Keeping detailed records of all taxable purchases and sales is essential if you think you may be may have access to to a refund.
Excise Tax on Vehicles and Fuel
The federal excise tax on gasoline and diesel fuel is one of the oldest and most stable federal taxes. It has been 18.4 cents per gallon for gasoline and 24.4 cents per gallon for diesel since 1993. This tax funds the Highway Trust Fund, which pays for road construction and maintenance.
Separate from the fuel tax, there is also a federal excise tax on the sale of new vehicles, but only certain types. Gas-guzzler vehicles (those with poor fuel economy) are taxed when sold by the manufacturer. The tax ranges from $1,000 to $7,700 depending on how far the vehicle's fuel economy falls below the standard. This tax is built into the vehicle's price and is not a separate line item.
If you buy a used vehicle, there is no federal excise tax. Your state may have its own vehicle tax or registration fee, but that is separate from the federal excise tax system.
How Excise Tax Affects Prices You Pay
Excise taxes increase the cost of taxed products because manufacturers and sellers pass the tax cost along to consumers. A gallon of gasoline costs more partly because of the 18.4-cent federal excise tax. A pack of cigarettes costs more because of the $1.01 federal tax, plus any state or local cigarette taxes.
The amount of the increase depends on the tax rate and the product. For fuel, the federal excise tax is a fixed cents-per-gallon amount, so it affects the price the same way regardless of whether oil prices are high or low. For products like alcohol and tobacco, the tax is also a fixed amount per unit, not a percentage, so the tax burden is the same whether the product is expensive or cheap.
You cannot avoid federal excise tax by shopping around or buying in bulk. The tax is the same everywhere in the country for the same product. However, state and local excise taxes vary, so a pack of cigarettes may cost significantly more in one state than another due to different state tax rates.
Frequently Asked Questions
Do I have to pay federal excise tax when I buy gasoline or cigarettes?
No, you don't pay it separately. The federal excise tax is included in the price you see at the pump or register. The gas station or retailer collects it from the manufacturer and sends it to the IRS. You pay the total price, which includes the tax, but you don't file any paperwork or send money directly to the government.
Can I get a refund of federal excise tax I paid on a product?
If you are a business, you may be able to claim a refund if you overpaid, if a product was later exempted, or if you bought the product for a tax-exempt use. You would file Form 8849 or Form 720 with the IRS. If you are a consumer, you cannot claim a refund — the tax is built into the price and is the seller's responsibility to pay.
Why does the federal government tax some products but not others?
Congress taxes products for two reasons: to raise money for specific programs (fuel tax funds highways) and to discourage consumption of products considered harmful (cigarettes and alcohol). The decision to tax a product is made by Congress through legislation, and the list changes when new laws are passed.
Is federal excise tax the same as state excise tax?
No. Federal excise tax is set by Congress and goes to the federal government. States can also impose their own excise taxes on the same products, and those go to the state. A pack of cigarettes may be subject to both federal and state excise tax, plus state sales tax. Each is separate and calculated independently.
What happens if a business doesn't pay federal excise tax?
The IRS can assess penalties, interest, and back taxes. Businesses that fail to register, file returns, or pay excise tax owe the unpaid tax plus interest calculated from the due date. The IRS can also pursue collection action. Businesses subject to excise tax must keep records and file Form 720 quarterly, even if no tax is owed in a particular quarter.