There are other exemptions as welle.g., for substances that have a transitory presence during the smelting or refining process, or substances derived from coalbut the IRS has yet to issue specific guidance on procedures for claiming these exemptions, so the best recourse available at the moment is to keep documentation that supports the companys intention to take advantage of applicable exemptions. How are the Superfund chemical excise taxes reported? The Infrastructure Act essentially doubles these rates with taxes ranging from $0.44 per ton to $9.74 per ton. As noted above, importers are not required to use the IRS-prescribed tax rates for the section 4671 tax and may calculate their own rates. accounts, Payment, Substances may be added or removed from the list of taxable substances at a later date. Along with the quarterly reporting requirements, taxpayers with a quarterly liability greater than $2,500 will be required to make semi-monthly tax deposits of the Superfund Excise Taxes. The Superfund Excise Taxes will be reported on a quarterly basis on IRS Form 720, Quarterly Federal Excise Tax. A taxable substance is defined as a substance that contains 20% or more by weight or value of any one of the chemicals listed in Section 4661 (down from 50% in the previous iteration of the law). Taxpayers with a quarterly liability greater than $2,500 will be required to make semi-monthly tax deposits of the tax. Federal excise tax rates remain at $0.183/gal for gasoline and $0.243/gal for diesel fuel. CERCLA (and therefore the Superfund Excise Taxes) expired in 1985 but was extended for another five-year period through the Superfund Amendments and Reauthorization Act of 1986 (SARA), effective January 1, 1987.7 SARA expanded the Superfund Excise Tax on chemicals to include an additional tax on imported substances derived from taxable chemicals, effective January 1, 1989.8 This additional tax on taxable substances was structured to ensure that the amount of the tax correlated to the composition of the chemicals within the taxable substances.9 In other words, had the substance been purchased domestically, the Superfund Excise Tax on chemicals would have been included as part of the overall price of the substance. (added June 24, 2022), Q12. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. IT and tax departments in particular will need to collect transactional data all along the supply chain, as well any applicable master data. Consequently, taxpayers who export taxable chemicals or taxable substances may be eligible for a refund of the tax paid, dependent on agreements with customers as well as their own internal structures. Cherry Bekaert LLP and Cherry Bekaert Advisory LLC practice in an alternative practice structure in accordance with the AICPA Code of Professional Conduct and applicable law, regulations and professional standards. Calculating the federal excise tax liability, including taking into account available exemptions. First Offshore Wind Energy Lease Sales in the Gulf of Mexico, Telephone and Texting Compliance News: Litigation Update February 2023. See section 4671(b)(3). The amount of the section 4671 tax with respect to any taxable substance is generally the amount of section 4661 tax that would have been imposed on the taxable chemicals used in the manufacture or production of the taxable substance if the taxable chemicals had been sold in the United States for use in the manufacture or production of the taxable substance. The IRS has release additional information on the Superfund Excise Taxes on Chemicals. automatically and accurately calculating the amount of excise tax owed. The applicable tax for a hazardous substance depends on its chemical composition. Matt Levin Jul 2, 2021. A taxable substance is any substance that, at the time of sale or use by the importer of the substance, is listed as a taxable substance. technology solutions for global tax compliance and decision Certain services may not be available to attest clients under the rules and regulations of public accounting. How does a company report the Superfund Chemical Excise Tax? on a wide range of chemicals and substances. Semi-monthly payments should be made by the 15th and 30th of each month, but the IRS is providing relief from penalties for non-payment up through the first quarter of 2023. Confidentiality and Non-Disparagement Agreements with Non-Supervisory USCIS Confirms It Will Accept Employment-Based I-485 Applications New Jersey Enacts Bill of Rights for Temporary Workers, DOJ Implements Nationwide Voluntary Self-Disclosure Program. Under the new law, the excise tax applies to the use, sale, or import of 42 taxable chemicals and 151 hazardous substances. The IRS has issued lists for both the chemicals and substances included (under Section 4661 and 4671 of the Internal Revenue Code, respectively), but has cautioned importers that items on the list could change as chemicals or substances are either added or removed from the list over time. Does the Supreme Court have the stomach to tackle the super fun SECs Pay vs. How Modern Manufacturing Plants Can Protect Against Ransomware, FTC Will Host May 23, 2023, Workshop on Recyclable Claims and the Appellate Court Affirmed An Order Denying A Beneficiarys Request For An Overview of Why Class Action Privacy Lawsuits May Have Just Gotten Gold Dome Report Legislative Day 26 (2023). Technology/systems impacts It's codified in IRC Sections 4671 and 4672, both of which were added by the Superfund Amendments and Reauthorization Act of 1986. L. 117-58), effective July 1, 2022. 429. The New York City Council Sets its Sights on Non-Profit Housing DOJ Announces New Voluntary Self-Disclosure Policy for U.S. Attorney Supreme Court: Salary, Not Daily Pay, Required for FLSA Overtime Time Is Money: A Quick Wage-Hour Tip on the Tip Credit, EDPB issues its Opinion on the EU-U.S. Data Privacy Framework, Hunton Andrews Kurths Privacy and Cybersecurity. IRC section 4672 additionally directed importers and exporters to request a determination from the IRS as to whether a specific unlisted chemical substance should be included in the list of taxable substances. DTTL and each of its member firms are legally separate and independent entities. While the majority of the 42 listed chemicals are taxable by the manufacturer or importer upon the first sale or use, butane and methane only become taxable upon the first use other than as a fuel.23 This creates a potential liability for downstream product sales such that the first company that uses the methane or butane in a manner other than as a fuel will have to report and remit the Superfund Excise Tax. Thomson Reuters/Tax & Accounting. 14Joint Committee on Taxation, Estimated Revenue Effects of the Provisions in Division H of an Amendment in the Nature of a Substitute to H.R. Telephone and Texting Compliance News: Regulatory Update February 2023. brands, Social Key considerations for dealings with the reinstated Superfund Tax include: For producers, importers, exporters, and customers of businesses making and distributing identified chemicals and substances, action is needed quickly. In these cases, the other person would be liable for paying the excise tax, not the initial importer. 7Superfund Amendments and Reauthorization Act of 1986, Pub. Will Changes to the Option To Tax Regime Impact UK Insolvency Sales? L. 117-58. Amendments. The legislation would impose an excise tax of fractions of a penny on crude oil and oil products, and between six cents and $14.30 on chemical feedstocks, while it would tax corporate income over $4.7 million at less than 1%. Similarly, if an FAQ turns out to be an inaccurate statement of the law as applied to a particular taxpayer's case, the law will control the taxpayer's tax liability. Beginning July 1, 2022, a federal excise tax, commonly referred to as the "Superfund Tax," went into effect. The Final CCPA Regulations: What You Need To Know, Are College Athletes Students or Employees? 1Investment and Jobs Act, Pub. (b) Amount of Tax The amount of tax imposed by subsection (a) shall be determined in accordance with the following table: (c) Termination No tax shall be imposed by this section after December 31, 2031. Since the Superfund excise tax expired almost three decades ago, the industrial chemical communitys familiarity with their application is attenuated at best. . An official website of the United States Government. Creditor Stung By Academy Of Motion Picture Arts And Sciences Bylaws. Specifically, the statute provides that to qualify as a taxable substance, taxable chemicals listed in IRC section 4662 must constitute more than 50 percent of the weight (or more than 50 percent of the value) of the materials used to produce such substance (determined on the basis of the predominant method of production).10. *Note: Self-assessing based on 10% of appraisal value will almost always yield a higher tax rate than either of the other methods. FAQs DOL Provides Snapshot of ERISA Enforcement Statistics for Fiscal Year 2022, TPA Escapes Liability for Sending COBRA Notice to Employees Former Address, but Claims Proceed Against Employer, For This assessment should include a review of the transaction life cycle, master data setup, cost computation and recognition, and general entry posting. 4672(a)(2)(B)(1995). Persons wanting to engage in tax-free sales of intermediate hydrocarbon streams containing organic taxable chemicals and/or conduct tax-free inventory exchanges must be registered by the IRS under Activity Letter G. Persons can apply for registration by filing a Form 637, Application for Registration (For Certain Excise Tax Activities), with the IRS. 2Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), Pub. 4662(b)(1). Service. Strictly Confidential? 10I.R.C. Abusive Arbitrage Devices Its Time to Get Reacquainted (Episode 2 B&C Biobased and Sustainable Chemicals Practice Group Bergeson & Campbell, P.C. Section 4662(c)(2) provides an additional exemption from tax liability where a company imports a taxable chemical and exchanges that chemical as part of an inventory exchange with another person. Background Find the tax rates for 121 taxable substances. Your online resource to get answers to your product and industry questions. Often collectively referred to as the superfund taxes, Congress imposed excise taxes on domestic crude oil, imported petroleum products and identified chemicals, as well as imported substances comprised of such chemicals. Manufacturers, producers, or importers that sell or use any of these chemicals must pay a tax of $0.22 to $4.87 per ton, depending on the chemical. Assisting with development and implementation of technology solutions to enable identification of taxable chemicals and substances, as well as exemptions. California Assembly Bill Pushes for Womens Designated Restrooms on Mississippi Legislature Takes Up Pass-Through Entity Election FTC Signals Increased Scrutiny of Technology Sector Through Understanding the Corporate Transparency Act and Ensuring Compliance. The Reinstated Superfund Excise Taxes. Good News for American Businesses: H1-B Denial Rates Plummet Under USCIS Extends Comment Period for Proposed Fee Increases, OFCCP Rescinds Trump-Era Religious Exemption Rule. 18I.R.S. Section 704.3. The intent of the Superfund Excise Taxes is to target the chemicals primarily found in hazardous waste sites and to tax the chemicals at the earliest point possible in the process. This Superfund Tax is assessed only on importers of taxable substances and is due upon the first sale or the first use after import into the United States. This would make the first tax deposit covering thefirst half of July 2022due byJuly 29, 2022. Cherry Bekaert LLP is a licensed CPA firm that provides attest services, and Cherry Bekaert Advisory LLC and its subsidiary entities provide tax and advisory services. The Reinstated Superfund Excise Tax for Chemicals and Imported Substances As of July 1, 2022, The Infrastructure Investment and Jobs Act (IIJA) has reinstated excise taxes imposed on certain chemicals and imported chemical substances. When the owner or operator was not identified, or the site cleanups needed to be expedited, financing for the cleanup was to be provided by the Superfund. Many in the industrial chemical community are unfamiliar with the Superfund excise tax legacy, and the IRS is seemingly unprepared for the learning curve challenge the reactivation of the tax has created. The Superfund Excise Tax becomes effective on July 1, 2022. What happens if an importer does not calculate the section 4671 tax? The statute provides an initial list of 50 taxable substances and instructs the IRS to add any substance in which taxable chemicals constitute more than 20% of the weight or value. (added June 24, 2022), Q5. Effective July 1, the Infrastructure Investment and Jobs Act (IIJA) reinstated the excise taxes imposed on certain chemicals and imported chemical substances under IRC Sections 4661 through 4672 (Superfund excise taxes). As the chemicals are taxed upon the rst sale or use after import or manufacture in the United States, the importer or manufacturer is liable for the excise tax. discount pricing. Section 80201 of the bill would revive long-expired Superfund excise taxes at twice their previous level. Certain non-fuel and agricultural uses of some of these chemicals were exempted from the excise tax. See section 4672(a)(1). Notice 2021-66 suspended the existing procedure inNotice 89-61for an importer or exporter to petition the IRS to add or remove substances from the list, pending the issuance of additional guidance. For chemicals, the taxable event is the sale or use by the manufacturer, producer, or importer of the chemical, and the tax is due in the U.S. upon the first use or sale. Will the IRS prescribe tax rates for taxable substances? Is there a way to check the status of an application for Activity Letter G registration? Exceptional organizations are led by a purpose. All organic chemicals are derived from petrochemical feedstocks. | Careers Expanded Employee Retention Credit (ERC) & how our professionals can assist you. US Executive Branch Update February 27, 2023. Heard on: Revenue from a new excise tax on chemicals like Benzene and Mercury would go . July 1, 2022. See also I.R.C. Cherry Bekaert LLP is a licensed independent CPA firm that provides attest services to its clients, and Cherry Bekaert Advisory LLC and its subsidiary entities provide tax and business advisory services to their clients. ONESOURCE Determination gives companies the ability to quickly comply with Superfund Excise and Hazardous Substance taxes by automatically and accurately calculating the amount of excise tax owed. The Hazardous Substance Superfund financing rate was an excise tax of 9.7 cents per barrel of crude oil that applied from 1987 through 1995. . Assisting with filing refund claims and reporting requirements around exemption certificates. While the majority of the listed chemicals are taxable by the manufacturer or importer upon the rst sale or use, butane and methane only become taxable upon the rst use other than as a fuel. (added June 24, 2022), Q10. Some deposit amount is still required by July 29 to satisfy the relief provisions set out in Notice 2022-15. The Superfund chemical excise taxes previously expired on December 31, 1995. The Superfund tax on chemicals is also a tax on the import of taxable substances. What is a taxable chemical? Chemical manufacturers and importers Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. Is the rate different for taxable substances? Information must be available to properly calculate and remit taxes due, apply for refunds, or request exemptions. governments, Business valuation & South Florida | The new infrastructure bill revives the Superfund and will impose 42 new excise taxes on chemicals. 1043, provides transitional relief for the third and fourth calendar quarters of 2022, and the first calendar quarter of 2023, regarding the failure to deposit penalties imposed by section 6656 for failures to deposit Superfund chemical excise taxes through March 31, 2023. Please enable JavaScript to view the site. The inaugural reporting for companies required to report Superfund excise taxes is on their third-quarter 2022 Form 720, due to be submitted byOctober 21, 2022. A12. Atlanta | In Notice 2021-66 (released December 14, 2021), the IRS provided guidance on Superfund excise taxes, which are reinstated as of July 1, 2022, under the Infrastructure Investment and Jobs Act (IIJA) (see Tax Alert 2021-2059).. Notice 2021-66 does the following: Updates the list of taxable substances under IRC Section 4672(a), which had expired on December 31, 1995 Providence | When do the Superfund chemical excise taxes go into effect? During the first, second, and third calendar quarters of2023, the IRS will not withdraw a taxpayers right to use the deposit safe harbor rules of the Excise Tax Procedural Regulations at 26 C.F.R. How do I calculate the section 4661 tax? Effective July 1, 2022, as required by the Infrastructure Investment and Jobs Act (IIJA)passed last November, the Internal Revenue Service (IRS) has reinstated the Superfund Chemical Excise Tax on a wide range of chemicals and substances. A6. WASHINGTON The Internal Revenue Service announced today that it has prescribed tax rates for 121 taxable substances that are subject to the Superfund chemical excise tax imposed by section 4671(a) of the Internal Revenue Code (Code). Cherry Bekaert: Tax, Audit and Advisory Services, Superfund Excise Taxes on Chemicals and Substances: How to Prepare, Maximize the Supply Chain Revolution Panel Discussion, 2023 Legislative Landscape: Expanding Opportunities for Manufacturers, The U.S. and Global Economic Manufacturing Outlook for 2023, Private Equity Industry Report: 2022 Trends and 2023 Outlook, Cybersecurity Maturity Model Certification, Business Intelligence and Data Analytics Services, Digital Strategy & Transformation Services, Government Contractor Consulting Services, SBA 8(a) Business Development Program Consulting Services, Information Technology Audit & Consulting, Cybersecurity Maturity Model Certification (CMMC), Outsourced Sales Tax Compliance and Managed Services, IRS issues Superfund Chemical Excise Tax Rates, IRS issues Superfund Chemical Excise Taxes FAQs, reinstated the Superfund Excise Taxes (Superfund Tax) on chemicals and substances. The Superfund was to be financed through environmental excise taxes, including: (1) excise tax imposed on domestic crude oil; (2) excise tax imposed on imported crude oil and petroleum products; and (3) domestically produced and imported petrochemicals and inorganic chemicals. 4672(b)(1). research, news, insight, productivity tools, and more. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. policy, Privacy The tax is assessed based on the amount per ton sold by the taxpayer, with applicable tax rates ranging from $0.44 per ton to $9.74 per ton. A semimonthly period is the first fifteen (15) days of a calendar month or the portion of a calendar month following the 15th day of the month. Inferences, however, can be made from the absence of any mention in the law. This would be for the periodJuly 1-September 30, 2022. When is the first return due? L. 99-499, 42 U.S.C. Sitemap Pending further guidance, the previously published tax rates, adjusted for the IIJA increases, and the examples outlined in Notice 89-61 could be helpful in calculating the tax on taxable substances and the potential tax exposure if a substance is subsequently added to the list. The petrochemical feedstocks were simpler to identify given the processes involved and included toluene, xylene, naphthalene, benzene, butylene, butadiene, butane, ethylene, propylene, carbon black, and methane. Now, according to Section 4661, the tax rate for chemicals ranges from $0.44 to $9.74 per ton, depending on how the chemical is being sold, used, or stored. When the IIJA reinstated these two taxes, it doubled the previous rates. US Executive Branch Update February 28, 2023. 21See I.R.C. . Part of the Tax News & Views podcast series. Unlike the static list of 42 taxable chemicals, the taxable substance list is subject to change. A8. firms, CS Professional The Infrastructure Investment and Jobs Act signed into law November 15, 2021, reinstated the Superfund Excise Taxes (Superfund Tax) on chemicals and substances. There are several potential issues related to taxpayer liabilities, refund considerations, and other recordkeeping requirements to consider with regards to the Superfund Excise Taxes. Additionally, prior versions of these FAQs will be maintained on IRS.gov to ensure that taxpayers, who may have relied on a prior version, can locate that version if they later need to do so. Effectively tracking necessary data through the supply chain may be a challenge as well. Hydrocarbon streams containing mixtures of organic taxable chemicals. An exporter who did not pay the initial assessment of the Superfund Tax may still be entitled to the refund if certain condition are met. Because these FAQs have not been published in the Internal Revenue Bulletin, they will not be relied on or used by the IRS to resolve a case. 96-125 at 14878 (1979). Read our analysis and reports on the landmark Supreme Court sales tax case, and learn how it impacts your clients and/or business. Hampton Roads | 8Id. Litigation Setback for Employers Under Illinois Biometric Information Senate Committee Holds Hearing on Future of Low Carbon Transportation North Carolina Senate Passes Compassionate Care Act at Exactly 4:20 States and Feds Signal Big Changes to Telehealth Prescribing. Congress set up a trust fund, or "Superfund," to clean up and mitigate environmental damage using new taxes imposed on 42 taxable chemicals that Congress identified as having the potential to cause harm upon improper handling or disposal. The Superfund Chemicals tax previously expired in 1995. The Superfund Excise Tax will go back into effect on July 1 st, 2022, after not being in place for over 26 years. Tax Partner Infrastructure Investment and Jobs Act (IIJA), Public Law 117-58, 135 Stat. 11Infrastructure Investment and Jobs Act, Pub. 4Id. (added June 24, 2022), Q11. Additionally, similar to what happened between 1990 and 1995 when importers and exporters petitioned the IRS to determine whether various chemical substances would qualify as taxable substances, taxpayers may again request a written determination from the IRS as to whether a product they export or import qualifies as a taxable substance, if its chemical makeup includes at least 20% of a listed taxable chemical in IRC section 4661.21 However, IRS Notice 2021-66 suspended prior guidance (IRS Notice 89-61) as to how to request this determination, and taxpayers await additional guidance from the IRS as to the procedure to do so. Cherry Bekaert Advisory LLC and its subsidiary entities are not licensed CPA firms. See question 3 for more information on taxable chemicals and question 6 for more information on calculating the tax imposed by section 4661 (section 4661 tax). healthcare, More for Taxpayers must meet the guidelines in the Notice to qualify for this relief. Deloitte Tax See how we connect, collaborate, and drive impact across various locations. The tax would apply after December 31, 2021, until January 1, 2032. When the Superfund tax was last applied back in 1995, a taxable substance was required to have 50% of a chemical. The initial list of 50 taxable substances is found in IRC 4672(a)(3). 4671(b). A substance may be removed from the list of taxable substances if the Secretary determines that taxable chemicals constitute 20 percent or less of the weight and 20 percent or less of the value of the materials used to produce the substance (determined on the basis of the predominant method of production). What Is the Difference Between a Grandfathered and a Grandmothered Health Plan? 3684 (Aug. 2, 2021). 429.Section 80201 of the IIJA reinstates the Superfund excise tax on certain chemical substances under Sections 4661 and 4671 of the Internal Revenue Code (Tax Code), effective July 1, 2022.Section 80201(c)(1) of the IIJA modified the method for determining . At that time, the application of the tax and the deployment of funds were quite well understood, and the U.S. Internal Revenue Service (IRS) developed a relatively robust series of guidance documents to explain how the tax operated and who was subject to the tax. Taxable substances are those that contain 20% or more by weight or value of one of the 42 chemicals listed in IRC 4661(b). The return of the chemical excise tax affects taxpayers that manufacture, produce, or import certain chemicals, as Superfund Chemical Taxes are imposed on the sale of 42 specific chemicals (Taxable Chemicals) listed in 4661 (Chemical Sales Excise Tax), including ammonia, butane, benzene, mercury, and other common chemicals. The U.S. Environmental Protection Agency (EPA) administered the expenditures and used the funds to clean up hazardous waste sites around the United States. See questions 4-5 for more information on taxable substances and questions 7-9 for more information on calculating the tax imposed by section 4671 (section 4671 tax). Treas. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. accounting, Firm & workflow The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. Historical reporting requirements for Superfund excise taxes Prior to the expiration of the Superfund excise taxes in 1995, taxpayers were required to register under Form 637, Application for Registration (For Certain Excise Tax Activities), activity letter G (Persons making inventory exchanges of taxable chemicals under section 4662(c)(2) or persons selling or buying Corporate The exemptions identify taxable chemicals that are exempt due to their specific use. The Superfund Chemical Excise Tax was created in 1980 through the Comprehensive Environment Response, Compensation, and Liability Act. 16I.R.C. 23I.R.C. Challenges to the No Surprises Act Continue: The Latest includes a Navigating Permissive State Laws in Light of the Federal Information FDA Publishes List of 2023 Priority Guidance Topics. The taxes had previously expired on Dec. 31, 1995, but were reinstated as part of the infrastructure legislation signed by President Biden in November 2021. . Prior to their expiration in 1995, the Superfund excise taxes were used to fund theHazardous Substance Superfund, established by theComprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). As defined, the taxable substances appear to stop short of what would be defined as an article according to40 C.F.R. A15. The Superfund Excise Tax is not permanent and . (added June 24, 2022), Q2. Deloittte Tax In November 2021, President Biden signed the Infrastructure Investment and Jobs Act. The term substance, therefore, excluded fabricated products that are molded, formed, woven, or otherwise finished into end-use products. DeloitteTax If the importer does not calculate the section 4671 tax for a taxable substance and the IRS has not prescribed a tax rate for the taxable substance, then the amount of tax is 10 percent of the appraised value of the taxable substance as of the time the taxable substance was entered into the United States for consumption, use, or warehousing. 4662(e). The Superfund excise taxes include two separate but interrelated excise taxes applicable to crude oil and petroleum products, chemicals, and hazardous substances, which fund the Hazardous Substance Superfund for the cleanup of hazardous waste sites and expired more than 25 years ago. Nonetheless, a taxpayer who reasonably and in good faith relies on these FAQs will not be subject to a penalty that provides a reasonable cause standard for relief, including a negligence penalty or other accuracy-related penalty, to the extent that reliance results in an underpayment of tax. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. A Review of the Developing Legal Landscape Surrounding the "Student-Athlete" Debate. Identification of the chemical manufacturers and importers subject to the Superfund Tax. No. What do companies need to do in order to prepare for these taxes? The information here is by no means comprehensive, but it does provide a basic understanding of the law and its implications for affected companies. Depends on its chemical composition of crude oil that applied from 1987 through 1995. with and. Ethical rules regarding solicitation and advertisement practices by superfund excise taxes on chemicals and/or other professionals on... Legally separate and independent entities advertisement practices by attorneys and/or other professionals substances is found in IRC (... The tax would apply after December 31, 1995 taxes ranging from $ per. 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