Sec. 63. (a) A supplier, permissive supplier, importer, or blender who knowingly fails to collect or timely remit tax otherwise required to be paid to the department under section 35 of this chapter or pursuant to a tax precollection agreement under section 35 of this chapter is liable for the uncollected tax plus a penalty equal to one hundred percent (100%) of the uncollected tax.
(b) Collection of a special fuel tax arising from an out-of-state transaction does not in itself subject a supplier or permissive supplier to the jurisdiction of Indiana for any tax liability arising outside of this chapter.
(c) A person who fails or refuses to pay over to the state the tax on special fuel at the time required in this chapter or who fraudulently withholds or appropriates or otherwise uses the money or any portion thereof belonging to the state commits a Level 6 felony.
(d) A person who negligently disregards any provision of this chapter is subject to a civil penalty of five hundred dollars ($500) for each separate occurrence of negligent disregard as determined by the commissioner.
As added by P.L.277-1993(ss), SEC.44. Amended by P.L.18-1994, SEC.34; P.L.65-1997, SEC.3; P.L.158-2013, SEC.99.
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