Sec. 32. (a) Special fuel tax that has been collected by a supplier on special fuel used for an exempt purpose, including section 30(a)(4) through 30(a)(7) of this chapter and pretaxed exempt fuel under section 30(a)(8) of this chapter, but which was not dyed or marked, or both, in accordance with section 31 of this chapter, shall be refunded by the department to the user or the user's assignee under rules adopted by the department, in accordance with subsection (c), upon presentation of proof of exempt use by the end user in the form that the department prescribes.
(b) Special fuel tax that has been collected by a supplier on special fuel that was removed from a terminal or refinery for delivery in Indiana, and was exported by a licensed exporter shall be refunded by the department to the licensed exporter in accordance with subsection (c), upon presentation of proof of export in the form that the department prescribes.
(c) Special fuel tax that has been erroneously paid by a person shall be refunded by the department in accordance with subsection (d).
(d) To claim a refund under subsection (a) through (c), a person must present to the department a statement that contains a written verification that the claim is made under penalties of perjury and lists the total amount of special fuel purchased and used for non-highway purposes. The claim must be filed not more than three (3) years after the date the special fuel was purchased. The statement must show that payment for the purchase has been made and the amount of tax paid on the purchase has been remitted.
(e) The department may make any investigations it considers necessary before refunding the special fuel tax to a person.
As added by P.L.277-1993(ss), SEC.44. Amended by P.L.85-1995, SEC.20.
Structure Indiana Code
Article 6. Motor Fuel and Vehicle Excise Taxes
6-6-2.5-8. "Destination State"
6-6-2.5-13.1. "Import Verification Number"
6-6-2.5-14. "Invoiced Gallons"
6-6-2.5-16.1. "Permissive Supplier"
6-6-2.5-16.5. "Natural Gas Product"
6-6-2.5-22.5. "Special Fuel Gallon"
6-6-2.5-25. "Terminal Operator"
6-6-2.5-25.1. "Transfer in Bulk Into or Within a Terminal"
6-6-2.5-26.1. "Transport Truck"
6-6-2.5-26.2. "Two Party Exchange"
6-6-2.5-29. Inventory Tax; Exclusions; Amount
6-6-2.5-30. Exemptions From Special Fuel Tax; Provision of Export Information; Refunds
6-6-2.5-30.5. Exemption From Special Fuel Tax; Restricted Personal, Noncommercial Use
6-6-2.5-31. Exempted Special Fuels; Dye Requirements and Specifications; Markers
6-6-2.5-32. Refunds; Circumstances; Claims; Investigations
6-6-2.5-32.5. Refund of Special Fuel Tax; Qualification; Claim for Refund
6-6-2.5-33. Payment of Interest on Refund Claim
6-6-2.5-34. Supplier Deduction for Gallons Purchased; Prohibition; Customer Refunds; Application
6-6-2.5-35. Collection and Remittance of Special Fuel Tax
6-6-2.5-36. Remittance of Tax; Procedures; Deadline
6-6-2.5-38. Duties and Responsibilities of Supplier in Collection of Tax; Liability
6-6-2.5-39. Consumption of Tax-Exempt Dyed or Marked Fuel for Nonexempt Purpose; Remittance of Tax
6-6-2.5-40. Transportation of Special Fuel; Requirements and Procedures; Violations
6-6-2.5-42. Application for License; Form and Content; Investigation
6-6-2.5-44. Surety Bond or Cash Deposit; Filing by Applicants
6-6-2.5-45. Disclosure of Financial Records; Increase in Bond or Cash Deposit
6-6-2.5-48. Release of Surety From Liability; Written Request; Notice; Cancellation
6-6-2.5-49. Denial of License; Hearing; Notice
6-6-2.5-50. Issuance of License
6-6-2.5-51. Validity of License
6-6-2.5-52. Transfer of License; Prohibition
6-6-2.5-53. Display of License at Place of Business
6-6-2.5-54. Discontinuance of Business; Surrender of License
6-6-2.5-55. Notice of Discontinuance, Sale, or Transfer of Business; Content; Liability
6-6-2.5-57. Terminal Operators; Reporting Requirements; Inventory Records
6-6-2.5-59. Exporters; Reporting Requirements
6-6-2.5-60. Transporters; Reporting Requirements; Failure to Report; Penalty; Waiver of Report
6-6-2.5-61. Composite and Modified Reports
6-6-2.5-62. Special Fuel Restrictions; Violations; Exemptions
6-6-2.5-64. Civil Penalties; Exemption
6-6-2.5-67. Use of Tax Revenues
6-6-2.5-68. Deposit of Revenue
6-6-2.5-69. Class Actions for Refund of Tax; Prerequisites
6-6-2.5-71. Sealing Special Fuel or Kerosene Pump; Compliance; Penalty