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Energy Marketers of America weekly update on important national industry news
January 3, 2025  [WR-25-1]
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REMINDER: CTA Beneficial Ownership Information Requirements No Longer Required

2025 Federal Motor Fuel Excise Tax Rates and Credits

More Than 20 States Are Set to Increase Minimum Wage Rates in 2025

IRS Issues Standard Mileage Rates for 2025

EMA Legal Update: VISA/MasterCard Settlement Administrator Holding Free Webinar on January 8th at 2pm EST

Federated Insurance Risk Management Academy Webinar

EMA Member Services Spotlight Featuring: Staples Advantage from NPP

Articles for January 3, 2025

REMINDER: CTA Beneficial Ownership Information Requirements No Longer Required

As previously reported by EMA, late last week another unexpected turn of events in the lawsuit regarding the Corporate Transparency Act (“CTA”) occurred. The case is Texas Top Cop Shop v. Garland, 5th Cir., No. 24-40792.

On December 26, 2024, the Fifth Circuit merits panel reinstituted the preliminary injunction against the enforcement of the CTA. Therefore, as of 12/26/24, there is no requirement or deadline to file a company BOI report pursuant to the CTA.

Companies may still voluntarily file their BOI reports with FinCEN. But for the time being, they are not required to comply with the CTA reporting deadlines (neither the original January 1 deadline, nor the revised deadline of January 13). The ruling, however, is still not a final determination of the CTA’s constitutionality. Instead, it only temporarily halts deadlines while the case continues to proceed. This could potentially be appealed to the Supreme Court and further action is still required within the lower courts. All of which could once again change the deadlines and requirements in the future. Businesses should remain cautious and continue to understand that this recent pause may still only be temporary.

For those of you keeping score at home, this has been the head spinning turn of events this month:

  • December 03, 2024: District Court in Texas suspends the deadlines for the CTA BOI reports.

  • December 23, 2024: 5th Circuit Court of Appeals reinstates the January 1 deadline.

  • December 23, 2024: FinCEN announces a new deadline of January 13 for the CTA BOI reports.

  • December 26, 2024: 5th Circuit Court of Appeals, on second thought, decides that the suspension of the deadlines is the best course as the lawsuit continues to be litigated.

We continue to recognize this is very frustrating and likely confusing to all small businesses. A simple Google search right now of the “Corporate Transparency Act” will yield a long list of outdated information and incorrect information. We will continue to do our best to update you in real time so that you and your members have the most current information.

2025 Federal Motor Fuel Excise Tax Rates and Credits

Superfund Tax: The Superfund tax was reinstated on crude oil received at refineries and on imported petroleum products, beginning 1/01/23 by the Inflation Reduction Act. The tax rate is the sum of the Hazardous Substance Superfund rate and the Oil Spill Liability Trust Fund financing rate. For calendar years beginning in 2024, the Hazardous Substance Superfund financing rate is adjusted for inflation. For calendar year 2025, the tax rate is $0.26 cents per barrel. The Superfund tax is paid by refiners and crude oil and finished product importers. While no party below the terminal rack is liable for the Superfund tax, refiners and importers pass the fee down as a cost folded into the wholesale rack price of petroleum products –– not as a tax. Marketers are not required to break this fee out as a “tax” on their invoices or contract bids. Note that the Superfund rate is not refundable to any party along the petroleum refining and distribution chain. Marketers with questions should consult with their suppliers.

Highway Trust Tax: The Federal government collects revenue for the Highway Trust Fund primarily from excise taxes on motor fuels. Federal taxes include excises taxes of 18.3 cents per gallon on gasoline and 24.3 cents per gallon on diesel fuel, plus a Leaking Underground Storage Tank (LUST) tax of 0.1 cents per gallon on both fuels. The Table below includes the excise taxes collected from this program, including the total 18.4 cents per gallon tax on gasoline and the 24.4 cents per gallon tax on diesel fuel.

LUST Tax: The LUST tax applied to motor fuels is non-refundable, for which tax-exempt parties are required to pay the .001 cents per gallon. The Table below includes rates for the .001 cents per gallon non-refundable LUST tax imposed on both dyed and clear liquid fuel:

Product Rate Cents Per/Gal
Gasoline $.184 18.4 cpg
Gasoline (removed for alcohol blending) $.184 18.4 cpg
Alcohol (for use in downstream gasoline blending) $.184 18.4 cpg
Aviation Gasoline $.194 19.4 cpg
Heating Oil $.001 1/10th cpg
Diesel (clear) $.244 24.4 cpg
Diesel (dyed) $.001 1/10th cpg
Diesel (dyed used in trains) * $.001 1/10th cpg
Diesel (removed for blending with biodiesel) $.244 24.4 cpg
Diesel (used in certain intercity and local buses) $0.17 17.0 cpg
Biodiesel (removed for blending with diesel) $.244 24.4 cpg
Kerosene (clear) $.244 24.4 cpg
Kerosene (dyed) $.001 1/10th cpg
Kerosene (clear - non-commercial aviation) ** $.219 21.9 cpg
Kerosene (clear - for use in non-taxable aviation) $.001 1/10th cpg
Kerosene (clear - for use in commercial aviation not foreign trade) $.044 4.4 cpg
Alternative Fuels - On Highway Use in a Motor Vehicle
Propane (liquefied propane gas) (gasoline gallon equivalent) *** $.183 18.3 cpg
Compressed Natural Gas (CNG) (gasoline gallon equivalent) *** $.183 18.3 cpg
Liquefied Natural Gas (diesel fuel gallon equivalent) *** $.243 24.3 cpg
“P” Series Fuels $.184 18.4 cpg
Liquefied Fuel (derived from biomass) $.244 24.4 cpg

Notes

*This tax is paid by the railroads, NOT by the ultimate vendor.

** Marketers pay $.244 cpg at the rack, user’s rate is $.219. Ultimate vendor claim is 2.5 cpg. The ultimate vendor is the only party that can make the claim for the 2.5 cpg. Ultimate vendor must have a certificate from the ultimate purchaser verifying the fuel is used for non-commercial aviation. Ultimate vendor must have an IRS 637 UA registration to file claim.

***For taxation purposes, one gasoline gallon equivalent (GGE) is equal to 5.75 pounds (lbs.) of propane and 5.66 lbs. of CNG. One diesel gallon equivalence (DGE) is equal to 6.06 lbs. of LNG. (Reference 26 U.S. Code 4041 and 4081).

More Than 20 States Are Set to Increase Minimum Wage Rates in 2025

On January 1, 2025, more than 20 states raised the minimum wage. Note that some states make annual adjustment for inflation but have not announced rate changes yet, and that local jurisdictions are also set to increase their minimum wage rates at the beginning of the year. Marketers are advised to consult with their payroll services to determine if there are any minimum changes with their local jurisdictions.

The U.S. Department of Labor (DOL) has an interactive map which identifies the minimum wage rate of each state. See DOL State Minimum Wage Laws. The Federal minimum wage rate remains at $7.25 per hour for non-tipped employees and $2.13 per hour for tipped employees (with a maximum tip credit of $5.12)

IRS Issues Standard Mileage Rates for 2025

The Internal Revenue Service (IRS) issued the optional 2025 standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical, or moving purposes. The mileage rate for automobiles driven for business increased by 3 cents for 2025, while the mileage rates for vehicles used for other purposes will remain unchanged from 2024. Beginning on January 1, 2025, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) are:

  • 70 cents per mile driven for business use (up 3 cents from 2024).

  • 21 cents per mile driven for medical or moving purposes for qualified active-duty members of the Armed Forces (unchanged from 2024).

  • 14 cents per mile driven in service of charitable organizations (unchanged since 2022).

These rates apply to electric and hybrid-electric automobiles, as well as gasoline and diesel-powered vehicles. Notice 2025-5 contains the optional 2025 standard mileage rates, as well as the maximum automobile cost used to calculate the allowance under a fixed and variable rate (FAVR) plan. In addition, the IRS Notice provides the maximum fair market value of employer-provided automobiles first made available to employees for personal use in calendar year 2025 for which employers may use the fleet-average valuation rule or the vehicle cents-per-mile valuation rule.

EMA Legal Update: VISA/MasterCard Settlement Administrator Holding Free Webinar on January 8th at 2pm EST

The Co-Lead Counsels and Settlement Administrator in the Visa/Mastercard interchange class action settlement are hosting a free webinar on January 8th at 2pm EST for retailers to learn how to claim their share of the $5.5 billion settlement.

Click here to register.

Federated Insurance Risk Management Academy Webinar
OSHA 2025: Inspection Readiness and Regulatory Updates: Thursday, January 16, 2025, 1:00 p.m. Eastern Standard Time

Learn how to navigate OSHA inspections with confidence. This webinar will cover what inspectors look for, the post-inspection process, and steps your business can take to stay prepared. You’ll also explore the Top 10 Most Frequently Cited Standards and recent updates to the Hazard Communication Standard.

What You Will Learn:

  • Overview of the OSHA Inspection Process

  • Strategies to help minimize the risk of citations and penalties

  • Summary of Hazard Communication Standard updates

  • Training resources, programs, and policies to implement in your business

Who Should Attend:

  • Risk Managers

  • Operations Managers

  • HR Professionals

  • Owners/Operators

After registering, you will receive a confirmation email and calendar appointment. You may access this and other webinars on federatedinsurance.com.

Please always feel free to contact your Federated regional representative or EMA’s National Account Executive Patrick Cunningham at 507.455.8935 for any additional information or risk management questions. Federated is a Partner in EMA’s Board of Directors Council.

EMA Member Services Spotlight Featuring: Staples Advantage from NPP

Energy Marketers of America (EMA) members can enroll for free with NPP and save on business supplies and much more. Visit to sign up.

NPP members get special pricing on thousands of Staples items, including office supplies, technology, janitorial, furniture and printing. Enroll your business with NPP to access a diverse catalog of business offers, as well as deals you can share with your employees.

Make sure your office is clean and well stocked for the New Year.

Through Staples Advantage and NPP, EMA members can order cleaning necessities and office supplies online AND for a limited time you can get free delivery with no minimum order*. You’ll find bath tissue, disinfecting wipes, hand sanitizer, dryers, cleaning chemicals, dish soap, detergent, facial tissues, paper towels, trash bags, laundry care, cleaning equipment and more! Make Staples Advantage your one-stop-shop for office and facility needs.

*Limited time offer

Save on Mailroom Supplies: Mailers, Shipping Boxes, Cushioning, Shipping Tape, Stretch Wrap, Labels and more!

Through Staples and NPP, members can save on the products needed to ensure their mailroom is well stocked and operating at lightning speed. The faster shipments go out, the sooner they’re in a customer’s hands and it all starts with the right supplies. Staples has all the mailing supplies you need to pack up shipments and send them out efficiently and on time. In addition to great discounts, members get free next-day business delivery on most standard orders over $30.

Membership is free and there is no obligation to purchase.

Restrictions may apply. Subject to availability.