The Internal Revenue Service, in response to the continued shortages of diesel fuel caused by Hurricane Katrina, will extend the penalty relief when dyed diesel fuel is sold for use or used on the highway.
The penalty relief will apply throughout the United States.
In IR-2005-89, released Sept. 2, 2005, the IRS announced that it would not impose the dyed fuel penalty when dyed diesel fuel is sold for use or used on the highway, and that this relief would remain in effect through Sept. 15, 2005. The announcement extends that penalty relief through Oct. 5, 2005. Any dyed diesel fuel held by retailers or users on Oct. 5, 2005, can be used on the highway after that date.
This relief is available to any person who sells or uses dyed diesel fuel for highway use. In the case of fuel that is dyed at the terminal to meet IRS standards, the relief is available to the operator of the vehicle in which the fuel is used only if the operator or the person selling the fuel pays the tax of 24.4 cents per gallon.
To the extent permitted by EPA rules, dyed high sulfur fuel received by retailers, including fuel received after Oct. 5, 2005, may be sold for highway use if the dye is added only at the refinery but not if dye is added at the terminal to meet IRS standards. IRS will waive penalties for highway use of high sulfur fuel that is dyed only at the refinery. Retailers may rely on the representations of their suppliers that fuel received after Oct. 5, 2005, has not been dyed at the terminal.
Position holders are reminded that they are required to pay tax on any high sulfur diesel fuel that has not been dyed at the terminal to meet IRS standards. Terminal operators should not dye, or add additional dye, to any fuel on which tax is paid.
Ordinarily, dyed diesel fuel is not taxed, because it is sold for uses exempt from excise tax, such as to farmers for farming purposes and to local governments for buses.
The IRS is also extending the penalty relief on the recently enacted tax penalty on a failure to meeting the requirements of EPA highway diesel fuel sulfur content regulations if EPA has waived those requirements. This relief will remain in effect until the date the EPA waiver or any extension of that waiver expires.
IRS Extends Diesel Fuel Penalty Relief Due to Hurricane Katrina
The Internal Revenue Service, in response to the continued shortages of diesel fuel caused by Hurricane Katrina, will extend the penalty relief when dyed diesel fuel is sold for use or used on the highway.
More Drivers
Stop Watching Footage, Start Driving Results
6 intelligent dashcam tactics to improve safety and boost ROI
Read More →
What FMCSA’s New Enforcement Push Means for Fleets in 2026 [Podcast]
Listen as transportation attorney and TruckSafe Consulting President Brandon Wiseman joins the HDT Talks Trucking podcast to unpack the “regulatory turbulence” of last year and what it means for trucking fleets in 2026.
Read More →
How Pilot Is Using AI in Truck Maintenance
A practical look at how artificial intelligence is helping Pilot's trucking fleet move from reactive maintenance to a more proactive approach.
Read More →3 New Ways Fleet Software Pays: ROI opportunities for modern fleet managers
Safety, uptime, and insurance costs directly impact profitability. This eBook looks at how fleet software is evolving to deliver real ROI through proactive maintenance, AI-powered video telematics, and real-time driver coaching. Learn how fleets are reducing crashes, defending claims, and using integrated data to make smarter operational decisions.
Read More →
Basic Tracking vs Next Generation Fleet Technology
Fleet software is getting more sophisticated and effective than ever, tying big data models together to transform maintenance, safety, and the value of your existing tech stack. Fleet technology upgrades are undoubtedly an investment, but updated technology can offer a much higher return. Read how upgrading your fleet technology can increase the return on your investment.
Read More →
Streetline Expands Smart Truck Parking System on West Coast
Streetline is expanding smart truck parking tools, including a new I-5 deployment in Washington and a no-upfront-cost pilot model for state DOTs.
Read More →
Third 'Jason's Law' Truck Parking Survey Under Way
The Federal Highway Administration is asking motor carriers and truck drivers to give input on where and when drivers have difficulty finding truck parking, and on how drivers prefer to get information on available parking.
Read More →
FMCSA Continues Focus on State Issuance of Non-Domiciled CDLs
The Federal Motor Carrier Safety Administration continues a crackdown on an increasing number of states it says have been issuing non-domiciled CDLs improperly.
Read More →
Will FMCSA’s Driver-Oriented Enforcement Initiatives Affect Capacity?
The Department of Transportation and the Federal Motor Carrier Safety Administration took several actions in 2025 to tighten enforcement of regulations for commercial drivers. Will those affect trucking capacity in 2026?
Read More →
Q&A: Lisa Kelly Explains Ice Road Trucking, Reality TV Editing, and Life as a Female Driver
Lisa Kelly talks to HDT about the return of the show Ice Road Truckers, what really happens on the ice roads, how reality TV shapes drivers’ stories, and the career she’s built beyond the show.
Read More →
