Sec. 155.
(1) A person consuming alternative fuel for any purpose other than to operate a motor vehicle on the public roads or highways of this state may seek a refund of the tax on alternative fuel imposed by this act, including a refund as provided in section 45, if that person has already paid the tax imposed under section 152 on that alternative fuel.
(2) To obtain a refund under this section, a person shall file a claim with the department within 18 months after the date of purchase, as shown on the invoice and shall comply with the requirements set forth in section 48.
(3) A claim for refund under this section shall be on a form or in a format prescribed by the department and shall have attached the original invoice that was provided to the purchaser.
(4) An alternative fuel is exempt from the tax imposed by this act and the tax imposed by this act shall not be collected by an alternative fuel dealer if any of the following apply:
(a) The alternative fuel is sold directly by an alternative fuel dealer to the federal government, the state government, or a political subdivision of this state for use in a motor vehicle owned and operated or leased and operated by the federal government, state government, or political subdivision of this state.
(b) The alternative fuel is sold directly by an alternative fuel dealer to a nonprofit, private, parochial, or denominational school, college, or university and is used in a school bus owned and operated or leased and operated by the educational institution that is used in the transportation of students to and from the institution or to and from school functions authorized by the administration of the institution.
(c) The alternative fuel is imported into this state in the fuel supply tank of a motor vehicle used solely for noncommercial purposes, if the aggregate capacity of the motor vehicle's fuel supply tank does not exceed 30 gallons or the equivalent of 30 gallons.
(5) Both of the following are exempt from the tax on alternative fuel imposed by this act:
(a) The federal government, state government, or a political subdivision of this state consuming alternative fuel in a motor vehicle owned and operated or leased and operated by the federal government, state government, or a political subdivision of this state.
(b) A nonprofit, private, parochial, or denominational school, college, or university consuming alternative fuel in a school bus owned and operated or leased and operated by the institution when the alternative fuel is consumed by the school bus while transporting students to and from the institution or to and from school functions authorized by the administration of the institution.
(6) A person that sells alternative fuel shall provide the purchaser with an invoice or receipt showing the amount expressed in gallons or gallon equivalents, as applicable, of alternative fuel purchased, the date of purchase, and the amount of tax paid.
(7) An alternative fuel dealer that sells alternative fuel at retail shall clearly list in plain view of the customer the price of the alternative fuel in gallon equivalents, as applicable, on the alternative fuel filling station and any other markings or information required by law.
(8) Except as otherwise provided in this section, a person that uses or consumes alternative fuel for a taxable purpose and does not pay the tax imposed under section 154 is liable for the payment of that tax and shall pay to the department the tax imposed under section 152 and any applicable penalties or interest, at the time and in the manner prescribed by the department.
History: 2000, Act 403, Eff. Apr. 1, 2001 ;-- Am. 2015, Act 176, Eff. Jan. 1, 2017 Compiler's Notes: Enacting section 2 of Act 468 of 2014 provides:"Enacting section 2. This amendatory act does not take effect unless House Joint Resolution UU of the 97th Legislature becomes a part of the state constitution of 1963 as provided in section 1 of article XII of the state constitution of 1963."House Joint Resolution UU was presented to the electors as Proposal 15-1 at the May 5, 2015 special election. The proposal to amend the constitution was not approved by the voters and Act 468 of 2014 does not go into effect.
Structure Michigan Compiled Laws
Act 403 of 2000 - Motor Fuel Tax Act (207.1001 - 207.1170)
Section 207.1001 - Short Title.
Section 207.1002 - Definitions; a to E.
Section 207.1003 - Definitions; F to I.
Section 207.1004 - Definitions; K to P.
Section 207.1005 - Definitions; R to S.
Section 207.1006 - Definitions; T to W.
Section 207.1010 - Repealed. 2021, Act 124, Imd. Eff. Dec. 17, 2021.
Section 207.1012 - Imposition on Nonexempt End User; Joint and Several Liability.
Section 207.1022 - Tax on Gasoline, Diesel Fuel, and Alternative Fuel in Lieu of Other Taxes.
Section 207.1026 - Presumption as to Use or Consumption of Motor Fuel on Public Roads or Highways.
Section 207.1030 - Tax Exemption.
Section 207.1032 - Use of Motor Fuel for Nontaxable Purpose; Refund.
Section 207.1036 - Tax Refund on Motor Fuel Acquired by Licensed Exporter.
Section 207.1038 - Repealed. 2015, Act 176, Eff. Jan. 1, 2017.
Section 207.1041 - Tax Refund on Gasoline Used in Community Action Agency Vehicle.
Section 207.1042 - Tax Refund on Diesel Fuel Used for Motor Bus.
Section 207.1043 - Tax Deduction for Stored Motor Fuel Exported by Transport Truck.
Section 207.1044 - Tax Refund on Motor Fuel Consumed for Exempt Use.
Section 207.1047 - Tax Refund; Time of Filing.
Section 207.1051 - False Statement; Violation as Misdemeanor; Penalty.
Section 207.1056 - Fingerprints.
Section 207.1057 - Financial Statements.
Section 207.1058 - Surety Bond or Cash Deposit.
Section 207.1059 - New or Increased Amount of Bond or Cash Deposit.
Section 207.1061 - Release From Bond or Cash Deposit.
Section 207.1062 - Denial of License Application.
Section 207.1063 - Issuance of License.
Section 207.1064 - Transfer of License; Prohibition.
Section 207.1065 - Discontinuance, Sale, or Transfer of Business; Notice.
Section 207.1066 - Final Report and Payment Due.
Section 207.1067 - Noncompliance; Suspension or Revocation of License.
Section 207.1068 - Report or Statement Requirements.
Section 207.1069 - Forms Development.
Section 207.1070 - Supplier's License; Fee; Monthly Report; Violation as Misdemeanor.
Section 207.1071 - Tax Remittance by Supplier.
Section 207.1072 - Treatment of Removals by Licensed Supplier; Election.
Section 207.1073 - Permissive Supplier.
Section 207.1074 - Collection of Tax From Purchaser; Election.
Section 207.1076 - Sale of Motor Fuel by Bonded or Occasional Importer; License Requirements.
Section 207.1078 - Tax Liability for Motor Fuel Imported From Another Country.
Section 207.1082 - Licensure as Tank Wagon Operator-Importer.
Section 207.1083 - Terminal Operator's License.
Section 207.1084 - Tax Liability of Terminal Operator.
Section 207.1085 - Exportation of Motor Fuel; Requirements; Violation; Penalty; Exemption.
Section 207.1086 - Exporter License; Requirements; Fee; Report.
Section 207.1090, 207.1091 - Repealed. 2002, Act 668, Eff. Apr. 1, 2003.
Section 207.1092 - Retail Marine Diesel Dealer License; Fee; Filing; Report; Payment Date; Waiver.
Section 207.1093 - Blender's License; Fee; Filing; Report; Waiver.
Section 207.1094 - Aviation Fuel.
Section 207.1098 - Transportation of Gasoline or Diesel Fuel by Pipeline or Marine Vessel; Report.
Section 207.1099 - Cross-Border Movement of Motor Fuel; Compact.
Section 207.1101 - Manually-Prepared Shipping Paper as Substitute for Machine-Generated.
Section 207.1102 - Shipping Paper; Carrying and Producing Copy.
Section 207.1103 - Shipping Paper; Notice Requirements.
Section 207.1105 - Delivery of Fuel; Shipping Paper Provided or Placed in Receptacle; Violation.
Section 207.1106 - Retention of Shipping Paper.
Section 207.1107 - Delivery of Motor Fuel Without Shipping Paper; Acceptance Prohibited.
Section 207.1110 - Misleading Statement Imprinted on Shipping Paper; Prohibition; Violation.
Section 207.1111 - Shipping Paper Tamper-Resistant Standards; Rules.
Section 207.1112 - Sale or Removal of Dyed Diesel Fuel; Notice.
Section 207.1113 - Dyed Kerosene; Notice.
Section 207.1115 - Display of Person's Name and License Number; Letters and Figures.
Section 207.1116 - Transportation of Motor Fuel Without Shipping Paper; Violation.
Section 207.1121 - Dyed Diesel Fuel or Other Exempt Fuel; Use.
Section 207.1124 - Repealed. 2006, Act 287, Imd. Eff. July 20, 2006.
Section 207.1125 - Metering Equipment; Requirements.
Section 207.1126 - Failure to Collect or Timely Remit Tax.
Section 207.1127 - False or Fraudulent Return; Amount Evaded.
Section 207.1128 - Liability of Officer, Employee, or Agent of Corporation.
Section 207.1131 - Determination of Shipping Paper Violation; Inspection.
Section 207.1134 - Refusal to Allow Inspection or Audit.
Section 207.1136 - Violation of Act; Penalty.
Section 207.1142 - Motor Fuel Tax Evasion Prevention Fund; Creation; Disposition.
Section 207.1143 - Deposit of Money in State Treasury; Credit.
Section 207.1144 - Exchange of Information.
Section 207.1145 - Administration of Taxes.
Section 207.1146 - Filing Date.
Section 207.1147 - Report on Dyed Diesel Fuel Reporting.
Section 207.1149 - Tax Credit; Ineligibility.
Section 207.1151 - Definitions.
Section 207.1152 - Tax on Alternative Fuel.
Section 207.1162 - Mackinac Bridge Tolls; Reduction.
Section 207.1163 - Mackinac Bridge Bond Indebtedness; Advances.
Section 207.1164 - East-West Interstate Route in Upper Peninsula; Matching Funds.