Indiana Code
Chapter 2.5. Special Fuel Tax
6-6-2.5-41. Licenses

Sec. 41. (a) Each supplier engaged in business in Indiana as a supplier shall first obtain a supplier's license. The fee for a supplier's license shall be five hundred dollars ($500).
(b) Any person who desires to collect the tax imposed by this chapter as a supplier and who meets the definition of a permissive supplier may obtain a permissive supplier's license. Application for or possession of a permissive supplier's license shall not in itself subject the applicant or licensee to the jurisdiction of Indiana for any other purpose than administration and enforcement of this chapter. The fee for a permissive supplier's license is fifty dollars ($50).
(c) Each terminal operator other than a supplier licensed under subsection (a) engaged in business in Indiana as a terminal operator shall first obtain a terminal operator's license for each terminal site. The fee for a terminal operator's license is three hundred dollars ($300).
(d) Each exporter engaged in business in Indiana as an exporter shall first obtain an exporter's license. However, in order to obtain a license to export special fuel from Indiana to another specified state, a person shall be licensed either to collect and remit special fuel taxes or be licensed to deal in tax free special fuel in that other specified state of destination. The fee for an exporter's license is two hundred dollars ($200).
(e) Each person who is not licensed as a supplier shall obtain a transporter's license before transporting special fuel by whatever manner from a point outside Indiana to a point inside Indiana, or from a point inside Indiana to a point outside Indiana, regardless of whether the person is engaged for hire in interstate commerce or for hire in intrastate commerce. The registration fee for a transporter's license is fifty dollars ($50).
(f) Each person who wishes to cause special fuel to be delivered into Indiana on the person's own behalf, for the person's own account, or for resale to an Indiana purchaser, from another state in a fuel transport vehicle having a capacity of more than five thousand four hundred (5,400) gallons, or in a pipeline or barge shipment into storage facilities other than a qualified terminal, shall first make an application for and obtain an importer's license. The fee for an importer's license is two hundred dollars ($200). This subsection does not apply to a person who imports special fuel that is exempt because the special fuel has been dyed or marked, or both, in accordance with section 31 of this chapter. This subsection does not apply to a person who imports nonexempt special fuels meeting the following conditions:
(1) The special fuel is subject to one (1) or more tax precollection agreements with suppliers as provided in section 35 of this chapter.
(2) The special fuel tax precollection by the supplier is expressly evidenced on the terminal-issued shipping paper as specifically provided in section 62(e)(2) of this chapter.
(g) A person desiring to import special fuel to an Indiana destination who does not enter into an agreement to prepay Indiana special fuel tax to a supplier or permissive supplier under section 35 of this chapter on the imports must do the following:
(1) Obtain a valid license under subsection (f).
(2) Obtain an import verification number from the department not earlier than twenty-four (24) hours before entering the state with each import, if importing in a vehicle with a capacity of more than five thousand four hundred (5,400) gallons.
(3) Display a proper import verification number on the shipping document, if importing in a vehicle with a capacity of more than five thousand four hundred (5,400) gallons.
(h) The department may require a person that wants to blend special fuel to first obtain a license from the department. The department may establish reasonable requirements for the proper enforcement of this subsection, including the following:
(1) Guidelines under which a person may be required to obtain a license.
(2) A requirement that a licensee file reports in the form and manner required by the department.
(3) A requirement that a licensee meet the bonding requirements specified by the department.
(i) The department may require a person that:
(1) is subject to the special fuel tax under this chapter;
(2) qualifies for a federal diesel fuel tax exemption under Section 4082 of the Internal Revenue Code; and
(3) is purchasing red dyed low sulfur diesel fuel;
to register with the department as a dyed fuel user. The department may establish reasonable requirements for the proper enforcement of this subsection, including guidelines under which a person may be required to register and the form and manner of reports a registrant is required to file.
(j) A person who owns a truck stop in Indiana must obtain from the department a truck stop owner's license in the manner prescribed by the department. A truck stop owner's license must be renewed every two (2) years.
As added by P.L.277-1993(ss), SEC.44. Amended by P.L.18-1994, SEC.30; P.L.85-1995, SEC.25; P.L.61-1996, SEC.3; P.L.227-2013, SEC.19.

Structure Indiana Code

Indiana Code

Title 6. Taxation

Article 6. Motor Fuel and Vehicle Excise Taxes

Chapter 2.5. Special Fuel Tax

6-6-2.5-1. "Alternative Fuel"

6-6-2.5-1.5. "Biodiesel"

6-6-2.5-2. "Blender"

6-6-2.5-3. "Blending"

6-6-2.5-4. "Bulk End User"

6-6-2.5-5. "Bulk Plant"

6-6-2.5-6. "Commissioner"

6-6-2.5-7. "Department"

6-6-2.5-8. "Destination State"

6-6-2.5-8.5. "Dyed Fuel User"

6-6-2.5-9. "Export"

6-6-2.5-10. "Exporter"

6-6-2.5-11. Repealed

6-6-2.5-12. "Heating Oil"

6-6-2.5-13. "Import"

6-6-2.5-13.1. "Import Verification Number"

6-6-2.5-14. "Invoiced Gallons"

6-6-2.5-15. "Liquid"

6-6-2.5-16. "Motor Vehicle"

6-6-2.5-16.1. "Permissive Supplier"

6-6-2.5-16.5. "Natural Gas Product"

6-6-2.5-17. "Person"

6-6-2.5-18. "Public Highway"

6-6-2.5-19. "Rack"

6-6-2.5-20. "Received"

6-6-2.5-21. "Retailer"

6-6-2.5-22. "Special Fuel"

6-6-2.5-22.5. "Special Fuel Gallon"

6-6-2.5-23. "Supplier"

6-6-2.5-24. "Terminal"

6-6-2.5-25. "Terminal Operator"

6-6-2.5-25.1. "Transfer in Bulk Into or Within a Terminal"

6-6-2.5-25.9. "Transporter"

6-6-2.5-26. "Transmix"

6-6-2.5-26.1. "Transport Truck"

6-6-2.5-26.2. "Two Party Exchange"

6-6-2.5-26.5. "Truck Stop"

6-6-2.5-27. "Wholesaler"

6-6-2.5-28. License Tax; Presumptions; Computation; Liability for Collection and Remittance; Sulfur Content; Penalty

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

6-6-2.5-37. Costs of Collection, Reporting, and Remittance; Retention of Portion of Remittance; Amount; Failure to Report or Remit on Time

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

6-6-2.5-41. Licenses

6-6-2.5-42. Application for License; Form and Content; Investigation

6-6-2.5-43. Repealed

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

6-6-2.5-46. Filing of New Bond; Conditions; Cancellation of License; Reduction of Cash Deposit by Judgment; Additional Deposit

6-6-2.5-47. Deposit Insufficient to Ensure Payment; Written Demand to File New Bond; Requirements; Cancellation of License

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

6-6-2.5-56. Repealed

6-6-2.5-56.5. Suppliers, Permissive Suppliers, and Licensed Importers; Reporting Requirements; Violations

6-6-2.5-57. Terminal Operators; Reporting Requirements; Inventory Records

6-6-2.5-58. Final Report Upon Discontinuance, Sale, or Transfer of Business or Revocation of License; Payment of Taxes and Penalties

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

6-6-2.5-63. Failure of Suppliers, Permissive Suppliers, Importers, and Blenders to Collect or Timely Remit Tax; Penalties

6-6-2.5-64. Civil Penalties; Exemption

6-6-2.5-65. Shipping Documents; Violations; Impoundment, Seizure, and Sale of Vehicle; Evidence; Release

6-6-2.5-66. Listed Tax

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

6-6-2.5-70. Inspections

6-6-2.5-71. Sealing Special Fuel or Kerosene Pump; Compliance; Penalty

6-6-2.5-72. Reports; Electronic Filing