Sec. 4. (a) A tax is imposed on the consumption of motor fuel by a carrier in its operations on highways in Indiana. The rate of this tax is determined as follows:
(1) When imposed upon the consumption of special fuel (other than an alternative fuel or a natural gas product), the tax rate is the same rate per gallon as the rate per gallon at which special fuel is taxed under IC 6-6-2.5.
(2) When imposed upon the consumption of gasoline, the tax rate is the same rate per gallon as the rate per gallon at which gasoline is taxed under IC 6-6-1.1.
(3) When imposed upon the consumption of a natural gas product or an alternative fuel, the tax rate is either of the following:
(A) The same rate per diesel gallon equivalent as the rate per gallon at which special fuel is taxed under IC 6-6-2.5, in the case of liquid natural gas.
(B) The same rate per gasoline gallon equivalent at which special fuel is taxed under IC 6-6-2.5, in the case of compressed natural gas or an alternative fuel commonly or commercially known or sold as butane or propane.
The tax shall be paid quarterly by the carrier to the department on or before the last day of the month immediately following the quarter.
(b) The amount of motor fuel consumed by a carrier in its operations on highways in Indiana is the total amount of motor fuel consumed in its entire operations within and without Indiana, multiplied by a fraction. The numerator of the fraction is the total number of miles traveled on highways in Indiana, and the denominator of the fraction is the total number of miles traveled within and without Indiana.
(c) The amount of tax that a carrier shall pay for a particular quarter under this section equals the product of the tax rate in effect for that quarter, multiplied by the amount of motor fuel consumed by the carrier in its operation on highways in Indiana and upon which the carrier has not paid tax imposed under IC 6-6-1.1, IC 6-6-2.5, or section 4.5 of this chapter (before its repeal).
(d) Subject to section 4.8 of this chapter, a carrier is entitled to a proportional use credit against the tax imposed under this section for that portion of motor fuel used to propel equipment mounted on a motor vehicle having a common reservoir for locomotion on the highway and the operation of the equipment, as determined by rule of the commissioner. An application for a proportional use credit under this subsection shall be filed on a quarterly basis on a form prescribed by the department.
As added by Acts 1982, P.L.59, SEC.1. Amended by P.L.90-1983, SEC.1; P.L.77-1985, SEC.27; P.L.59-1985, SEC.16; P.L.97-1987, SEC.38; P.L.69-1991, SEC.12; P.L.277-1993(ss), SEC.46; P.L.85-1995, SEC.31; P.L.222-1999, SEC.3; P.L.277-2013, SEC.12; P.L.218-2017, SEC.46; P.L.185-2018, SEC.7; P.L.234-2019, SEC.23.
Structure Indiana Code
Article 6. Motor Fuel and Vehicle Excise Taxes
Chapter 4.1. Motor Carrier Fuel Tax
6-6-4.1-2. Applicability of Chapter
6-6-4.1-3. Leased Motor Vehicles
6-6-4.1-4. Imposition of Tax; Rates; Computation of Amount of Fuel Consumed in Indiana
6-6-4.1-4.7. Certification for Proportional Use Credit
6-6-4.1-4.8. Claim for Proportional Use Credit
6-6-4.1-5. Disposition of Tax Revenue
6-6-4.1-6. Credits Against Tax
6-6-4.1-7. Computation of Credits; Refunds; Interest
6-6-4.1-7.1. Class Action for Refund of Tax; Prerequisites
6-6-4.1-9. Presumption of Consumption Rate
6-6-4.1-10. Quarterly Reports; Exemptions
6-6-4.1-11. Pooled Services; Joint Reports; Calculation of Tax; Contents of Reports
6-6-4.1-12. Annual Permit, Cab Card, and Emblem
6-6-4.1-13. Special Trip Permits; Repair and Maintenance Permits
6-6-4.1-14.5. Agreements; Limitations; Transmittals
6-6-4.1-16. Agreements for Cooperative Audit of Reports and Returns
6-6-4.1-17. Suspension or Revocation of Permit or Temporary Authorization; Reinstatement
6-6-4.1-18. Violations; Penalties
6-6-4.1-19. Impoundment of Commercial Motor Vehicle; Release of Cargo
6-6-4.1-20. Failure to Keep Books and Records; Penalty
6-6-4.1-22. Carriers; Interest on Nonpayment