The federal gas tax is a per-gallon excise tax the U.S. government charges on motor fuel: 18.4 cents on every gallon of gasoline and 24.4 cents on every gallon of diesel. Congress set those rates in 1993 and has not changed them since. The money goes into the Highway Trust Fund, which pays for federal highways, bridges, and public transit.
The Current Rates
Federal law imposes the tax under 26 U.S.C. § 4081. The base rate is 18.3 cents per gallon for gasoline and 24.3 cents per gallon for diesel and kerosene. On top of each, there is an additional 0.1 cent per gallon that funds the Leaking Underground Storage Tank Trust Fund, which pays to clean up petroleum leaks from underground tanks.1Office of the Law Revision Counsel. 26 USC 4081 – Imposition of Tax Add them together and you get the familiar 18.4 cents on gasoline and 24.4 cents on diesel.2Internal Revenue Service. Publication 510, Excise Taxes
Because the tax is a flat number of cents per gallon rather than a percentage of the price, it does not rise with inflation. It has been frozen at the same level for more than three decades while construction and maintenance costs have climbed.
Which Fuels Are Taxed
The tax reaches most fuels that power vehicles and aircraft, not just what you pump into a car:
- Gasoline, including ethanol blends: 18.4 cents per gallon.
- Diesel fuel and kerosene: 24.4 cents per gallon, unless a specific exemption applies (such as kerosene used as heating oil).2Internal Revenue Service. Publication 510, Excise Taxes
- Aviation gasoline: 19.4 cents per gallon (a 19.3-cent base plus the 0.1-cent underground storage tank charge).1Office of the Law Revision Counsel. 26 USC 4081 – Imposition of Tax
- Kerosene used in aviation: 4.4 cents per gallon for commercial use and 21.9 cents per gallon for noncommercial use.3Internal Revenue Service. Using the Correct IRS No. on Form 720 – Kerosene Used in Aviation
- Compressed natural gas (CNG) and liquefied petroleum gas (LPG): 18.3 cents per energy-equivalent gallon of gasoline.4Internal Revenue Service. Form 720, Quarterly Federal Excise Tax Return
Who Actually Pays the Tax
Drivers never write a check to the IRS for the gas tax. The legal obligation falls on the “position holder,” the company that owns the fuel inventory at the terminal when it is loaded onto trucks for delivery. If fuel leaves at a refinery rack instead of a terminal, the refiner owes the tax.2Internal Revenue Service. Publication 510, Excise Taxes
From there, the tax is built into the wholesale price and passed down the supply chain. By the time gasoline reaches the pump, the 18.4 or 24.4 cents is already baked into the posted price. You pay it with every fill-up even though the IRS never contacts you about it.
Where the Revenue Goes
All federal fuel tax revenue is deposited into the Highway Trust Fund, a dedicated account Congress created in 1956 to pay for surface transportation.5Federal Highway Administration. Highway Trust Fund and Taxes – FAST Act Fact Sheets Of every gallon of gasoline taxed, the money is split three ways:
- 15.44 cents goes to the Highway Account, which funds building, repairing, and maintaining interstate highways and bridges.5Federal Highway Administration. Highway Trust Fund and Taxes – FAST Act Fact Sheets
- 2.86 cents goes to the Mass Transit Account, which funds subways, commuter rail, and bus systems.6Office of the Law Revision Counsel. 26 USC 9503 – Highway Trust Fund
- 0.1 cent goes to the Leaking Underground Storage Tank Trust Fund for environmental cleanup.5Federal Highway Administration. Highway Trust Fund and Taxes – FAST Act Fact Sheets
Other transportation taxes on heavy trucks and tires flow entirely into the Highway Account.5Federal Highway Administration. Highway Trust Fund and Taxes – FAST Act Fact Sheets
Exemptions and Refunds
Some uses of fuel are exempt from the tax because they do not benefit from federal highways. The main categories under 26 U.S.C. § 4041 include:
- Fuel used on a farm for farming purposes.7Office of the Law Revision Counsel. 26 USC 4041 – Imposition of Tax
- Off-highway business use such as construction equipment, generators, and other machinery that never operates on public roads.7Office of the Law Revision Counsel. 26 USC 4041 – Imposition of Tax
- Diesel used in school buses and certain intracity public transit.7Office of the Law Revision Counsel. 26 USC 4041 – Imposition of Tax
- Fuel purchased by a state, political subdivision, or the District of Columbia for its exclusive use.7Office of the Law Revision Counsel. 26 USC 4041 – Imposition of Tax
- Fuel sold for export or shipped to a U.S. territory.7Office of the Law Revision Counsel. 26 USC 4041 – Imposition of Tax
- Fuel purchased for the exclusive use of a nonprofit educational organization.
Because the tax is collected at the terminal before anyone knows how the fuel will ultimately be used, exempt buyers usually pay the tax first and then recover it. Businesses file Form 8849 with Schedule 1 to claim a refund; the total claim must be at least $750 for the quarter, and the claim must be filed during the first quarter after the period it covers.8Internal Revenue Service. Schedule 1 (Form 8849) Nontaxable Use of Fuels Individuals who buy undyed kerosene for home heating, lighting, or cooking claim a credit of 24.3 cents per gallon on Form 4136 with their annual return, carrying the amount to Schedule 3 of Form 1040. Keep supporting records for at least three years after the return is due or filed, whichever is later.9Internal Revenue Service. 2025 Instructions for Form 4136 – Credit for Federal Tax Paid on Fuels
State Taxes Come on Top
The federal tax is only part of what you pay at the pump. Every state adds its own gasoline tax. As of January 2026, state gasoline taxes averaged 33.5 cents per gallon, with individual rates ranging from 9.0 cents to 70.9 cents.10U.S. Energy Information Administration. Many States Slightly Increased Their Taxes and Fees on Gasoline Combined federal, state, and local taxes on a gallon of gasoline can run from under 30 cents to nearly 90 cents depending on where you live. State fuel taxes pay for state and local road projects and are entirely separate from the Highway Trust Fund. Some states use a flat per-gallon rate like the federal government does; others tie their rate to wholesale prices or index it to inflation.
Why the Rate Hasn’t Kept Up
The Highway Trust Fund has been spending more than the gas tax brings in for well over a decade. Since 2008, Congress has transferred $275 billion, mostly from the Treasury’s general fund, to cover the shortfall. Of that total, $118 billion came through the Infrastructure Investment and Jobs Act (IIJA) in 2021, split between $90 billion for the Highway Account and $28 billion for the transit account.11Congressional Budget Office. The Status of the Highway Trust Fund: 2023 Update
The Congressional Budget Office projects that both the highway and transit accounts will be exhausted by 2028 under current law. Three forces drive the gap. The rate has been frozen since 1993 while construction costs have risen. Vehicles have become more fuel-efficient, so drivers buy fewer gallons per mile. And electric vehicles pay no federal fuel tax at all.
What’s Next
The IIJA, which authorized current federal highway and transit program spending, expires on September 30, 2026.12Federal Highway Administration. Infrastructure Investment and Jobs Act (IIJA) Congress will need to pass a new multi-year reauthorization to keep federal transportation funding at current levels. Without one, spending authority for highway and transit programs lapses.
Federal agencies have been studying a vehicle-miles-traveled (VMT) fee as a possible long-term replacement for the gas tax. The Federal Highway Administration has funded state pilots through Surface Transportation System Funding Alternatives grants, and the Government Accountability Office has recommended testing per-mile fees on commercial trucks and electric vehicles.13Federal Highway Administration. Vehicle-Miles Traveled (VMT) Fees No national per-mile fee has been enacted, but the 2026 reauthorization debate is expected to put it back on the table.