NEWS & INSIGHTS
Florida Repeals the Aviation Fuel Excise Tax: What Air Carriers, FBOs, and Fuel Sellers Must Know for 2026
Florida’s repeal of the aviation fuel excise tax eliminates a long-standing levy on jet fuel, undyed kerosene, and aviation fuel—but it also changes registration rules, sales tax treatment, and pollutants tax obligations. Here’s what aviation businesses and fuel sellers need to know before 2026.
Florida Repeals the Aviation Fuel Excise Tax: What Air Carriers, FBOs, and Fuel Sellers Must Know for 2026
Florida is officially repealing the aviation fuel excise tax on January 1, 2026, eliminating the 4.27-cent-per-gallon levy on jet fuel, undyed kerosene, and aviation fuel. The change removes long-standing reporting and registration requirements for air carriers, fuel sellers, and fixed-base operators (FBOs). :contentReference[oaicite:2]{index=2}
1. Excise Tax Fully Repealed
Beginning January 1, 2026, aviation fuel will no longer be subject to Florida’s excise tax, and taxpayers will no longer file fuel tax returns for these products.
2. Sales and Use Tax Eliminated
Jet fuel, undyed kerosene, and aviation fuel will also be exempt from sales and use tax. Retailers and FBOs selling only aviation fuel will no longer need a Florida sales tax registration.
3. Pollutants Tax Still Applies
Despite the repeal, aviation fuels containing petroleum products remain subject to Florida’s pollutants tax and must continue to be reported on Form DR-904.
4. No Credits for Pre-2026 Inventory
Fuel purchased before January 1, 2026, but sold afterward will not qualify for any credit or refund. Businesses must carefully manage year-end inventory to avoid unrecoverable tax expense.
5. Audit Implications
Although aviation fuel taxes are being eliminated, businesses may still face FDOR review for pollutants tax compliance, historical periods, and deregistration issues.
6. Action Items for Aviation Businesses
- Manage inventory to limit pre-2026 taxable purchases.
- Evaluate whether to cancel sales tax registration.
- Continue pollutants tax reporting.
- File final 2025 returns properly.
- Review contracts affecting fuel pricing or tax allocation.
FDOR audit exposure changes as Florida transitions to the new rules. Businesses should take proactive steps now to prepare for 2026.
© 2025 Jeanette Moffa. All rights reserved.
Florida is repealing the aviation fuel excise tax effective January 1, 2026, eliminating the 4.27¢ per-gallon tax on aviation fuel.
They will be exempt from both aviation fuel excise tax and sales tax beginning in 2026, but remain subject to the pollutants tax.
No. Air carriers and aviation fuel sellers will no longer be required to register or file returns for aviation fuel beginning in 2026.
Yes. Aviation fuel containing petroleum products must still be reported on Form DR-904.
No. Florida will not issue credits or refunds for pre-2026 inventory sold after January 1, 2026.
FBOs selling only aviation fuels will no longer need a sales tax registration and will have fewer filing obligations.
Yes—FDOR may review pollutants tax compliance, historical aviation fuel periods, and deregistration issues.
Not if they sell only aviation fuels, which become exempt as of January 1, 2026.
Taxpayers must file a final aviation fuel return for periods ending December 31, 2025.
Manage inventory, review registrations, update contracts, and ensure pollutants tax compliance.
Florida Aircraft Sales and Use Tax Guide
Aircraft fuel tax may be gone, but Florida continues to assess the full purchase price of aircraft in Florida even when aircraft were purchased outside of the state and remained there for more than six months. It is more important than ever to understand potential Florida tax consequences of purchasing an aircraft.
Explore our Florida Aircraft Industry Sales Tax Guide to learn how the Department of Revenue audits aircraft sales and purchases— and how to safeguard yourself before the next compliance wave hits.
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Jeanette Moffa, Esq.
(954) 800-4138
JeanetteMoffa@MoffaTaxLaw.com
Jeanette Moffa is a Partner in the Fort Lauderdale office of Moffa, Sutton, & Donnini. She focuses her practice in Florida state and local tax. Jeanette provides SALT planning and consulting as part of her practice, addressing issues such as nexus and taxability, including exemptions, inclusions, and exclusions of transactions from the tax base. In addition, she handles tax controversy, working with state and local agencies in resolution of assessment and refund cases. She also litigates state and local tax and administrative law issues.