No. 35603 (5-year Review): Rule R865-13G. Motor Fuel Tax

DAR File No.: 35603
Filed: 01/03/2012 11:12:28 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 59-13-201 imposes a motor fuel tax on all motor fuel sold, used, or received for sale in the state. Provides tax exemptions for motor fuel distilled from coal, oil shale, rock asphalt, bituminous sand, or hydrocarbons located in this state; deliveries to government agencies; and exports. Provides instructions for the distribution of funds. Section 59-13-202 entitles any person who purchases motor fuel for the use of stationary or self propelled machinery used for nonhighway farm operation to a refund of motor fuel tax paid, and provides methods for obtaining the refund. Section 59-13-203.1 requires that any individual desiring to distribute motor fuel in the state of Utah obtain a license from the Tax Commission. Also sets forth requirements of the form of the license application. Requires bonding as a prerequisite for a license; indicates how the amount of the bond shall be determined. Section 59-13-204 states that licensed distributors who receive motor fuel are liable for motor fuel tax, and shall compute the tax on the total taxable amount of motor fuels received. Also provides a method for distributors to sell motor fuel tax exempt to other distributors. Section 59-13-208 requires that every carrier delivering fuel within the state of Utah from outside the state shall report in writing all deliveries made during the past month. Section 59-13-210 allows tax commission to create rules to enforce the motor fuel laws. Requires commission to examine returns and recompute monthly reports of sales, as necessary, estimate the amount of tax due, collect delinquent tax, refund overpayments, and provide for judicial review of dissatisfied taxpayer claims.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

None.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Section R865-13G-1 defines "carrier" with regard to motor fuel deliveries. Requires that every carrier delivering motor fuels within this state submit written reports concerning all deliveries from outside Utah. Section R865-13G-3 provides criteria for determining whether a sale of motor fuel meets the export exemption from motor fuels tax. Rule also requires that each export sale of motor fuel be supported by records. Section R865-13G-5 allows motor fuel dealers that sell motor fuel in wholesale quantities to become a licensed distributor. Allows licensed distributor to purchase motor fuel tax exempt if he satisfies certain conditions. Section R865-13G-6 upon tax commission approval, exempts from motor fuel tax volatile or inflammable liquids that qualify as motor fuels, but are not useable in their present state in internal combustion engines. Section R865-13G-8 clarifies definition of "agricultural purposes", for purposes of allowing tax refund for persons engaged in commercial agricultural work. Section R865-13G-9 clarifies exemption from motor fuel tax for motor fuels refined in Utah from solid hydrocarbons. Section R865-13G-10 provides procedures for distributors that make sales to government agencies to claim the fuel tax exemption for sales to government agencies. Clarifies the exemption from motor fuel tax for sale of motor fuel to Indian tribes and government agencies. Section R865-13G-11 defines "gross gallon" and "net gallon" for use in calculating motor fuel tax liability. Rule requires that all licensed distributors calculate motor fuel tax using either gross gallon or net gallon basis. Requires distributors to inform tax commission of choice then exclusively use this basis of calculation for 12 months without alternating. Section R865-13G-13 sets procedure for government entities to apply for a refund for motor fuel taxes paid; lists the records required to be maintained for purchases on which the refund is claimed. Section R865-13G-15 provides procedures for administering the reduction of motor fuel tax authorized under Section 59-13-201. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Tax Commission
Auditing
210 N 1950 W
SALT LAKE CITY, UT 84134

Direct questions regarding this rule to:

• Christa Johnson at the above address, by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at [e-mail]

Authorized by:

Michael Cragun, Tax Commissioner

Effective:

01/03/2012

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