Refund on Coal Excise Tax Paid on Exports Contained in Emergency Stabilization Act

Implications:     As the referenced article states, there are many benefits in the Emergency Stabilization Act for the coal industry.  One not discussed is the refund of the coal excise tax.  The commentary section discusses this.

Analysis:     Coal producers for years paid an excise tax on coal exports.  In the 1990s, producers litigated the constitutionality of paying such an excise tax on coal exports since the tax went into affect in 1978.  The Courts ruled that the excise tax on coal exports to be unconstitutional in 1998, but the statue of limitations limited the refunds to three years. 

     Under the Emergency Stabilization Act, coal producers that filed and paid an excise tax return for export coal between October 1, 1990 and the date of enactment of the Act (October 3, 2008) can file for a refund of the taxes paid.  Filings are due within 30 days of enactment.
 
     Coal producers would be paid the amount paid in excise taxes and coal shippers would be eligible for a tax refund of 82.5 cents/ton of eligible export coal