10/23/2026
Tax Tip of the Week 4-48
My local IRS Stakeholder Liaison asked me to share the following information about temporary federal penalty relief for the highway use of dyed diesel fuel.
Please pay close attention to the final paragraph: this relief applies only to federal taxes and penalties. New Hampshire continues to prohibit dyed diesel in highway vehicles, and I found no announced waiver in Maine. State fines can be substantial, so confirm your stateβs requirements before using dyed diesel on public roads.
The Internal Revenue Service recently announced that, in response to the Presidentβs Oct. 5, 2026, Executive Order, Emergency Tax Relief on Diesel Fuel, it will not impose a penalty when dyed diesel fuel is sold for use or used on highways nationwide. The relief is retroactive to Oct. 1, 2026, and will remain in effect until Dec. 31, 2026.
Ordinarily, dyed diesel fuel is not subject to tax because it is destined for an exempt use, such as use on a farm for farming purposes; however, it would be taxed if sold for highway use or used to power a vehicle on the highway.
During the relief period, ordinary procedures for collection and enforcement will be suspended. Forthcoming IRS guidance will detail how this relief applies to Form 720, Quarterly Federal Excise Tax Return and any other relevant forms.
This relief only applies for federal tax purposes. It has no effect on state fuel taxes and penalties that a state may impose on the use of dyed diesel fuel on the highway. Many, but not all, states have provided similar state excise tax-related relief. Taxpayers are encouraged to refer to their applicable state agencies for the latest guidance on state-level relief.
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