Sec. 15. (a) Before the twenty-second day of each month, the department shall determine and provide a notice of the gasoline use tax rate to be used during the following month and the source of the data used to determine the gasoline use tax rate and the statewide average retail price per gallon of gasoline. The notice shall be published on the department's Internet web site in a departmental notice.
(b) In determining the gasoline use tax rate under this section, the department shall use:
(1) the statewide average retail price per gallon of gasoline (based on the retail price per gallon of gasoline from the sixteenth day of the previous month to the fifteenth day of the current month), excluding the Indiana gasoline tax, federal gasoline tax, the Indiana gasoline use tax, and Indiana gross retail tax (if any); multiplied by
(2) seven percent (7%).
To determine the statewide average retail price, the department shall use a data service that updates the most recent retail price of gasoline. The gasoline use tax rate per gallon of gasoline determined by the department under this section shall be rounded to the nearest one-tenth of one cent ($0.001).
(c) Notwithstanding subsections (a) and (b), the gasoline use tax rate imposed on a transaction that occurs beginning on the first day following the enactment into law of this subsection and continuing through June 30, 2023, is the lesser of:
(1) the monthly gasoline use tax rate per gallon of gasoline as determined by the department under subsections (a) and (b); or
(2) twenty-nine and five-tenths cents ($0.295) per gallon of gasoline.
This subsection expires July 1, 2023.
As added by P.L.227-2013, SEC.1. Amended by P.L.180-2022(ss), SEC.6.
Structure Indiana Code
Article 2.5. State Gross Retail and Use Taxes
Chapter 3.5. Collection of Use Tax on Gasoline
6-2.5-3.5-3. "Federal Gasoline Tax"
6-2.5-3.5-5. "Indiana Gasoline Tax"
6-2.5-3.5-8. "Purchase or Shipment"
6-2.5-3.5-9. "Qualified Distributor"
6-2.5-3.5-11. "Terminal Operator"
6-2.5-3.5-12. "Total Price per Unit"
6-2.5-3.5-15. Monthly Notice of the Gasoline Use Tax Rate
6-2.5-3.5-16. Remittance of Gasoline Use Tax to the Department
6-2.5-3.5-17. Permit to Receive Gasoline Without Paying the Gasoline Use Tax
6-2.5-3.5-18. Bond Associated With a Permit
6-2.5-3.5-19. Collection of Gasoline Use Tax
6-2.5-3.5-20. Remittance of Gasoline Use Tax; Reporting
6-2.5-3.5-21. Invoicing; Sales to Exempt Purchasers
6-2.5-3.5-22. Purchases or Shipments of Gasoline to or From Locations Outside Indiana
6-2.5-3.5-23. Consequences for Failure to Pay and Failure to File
6-2.5-3.5-24. Display of Price
6-2.5-3.5-25. Exempt Transactions; Refunds; Procedures
6-2.5-3.5-26. Relation to the State Gross Retail Tax; Exemptions