A. Upon the submission of proof satisfactory to the department, the department shall allow a claim for refund or credit of any special fuel excise tax or special fuel inventory tax paid on special fuel destroyed by fire, accident or acts of God while in the possession of a supplier, bulk storage user or dealer.
B. Upon the submission of proof satisfactory to the department, a rack operator may submit, and the department may allow, a claim for refund of a New Mexico tax paid on special fuel previously received in New Mexico from a source other than a refiner or pipeline terminal in this state and placed in a terminal from which it will be loaded into tank cars, tank trucks, tank wagons or other types of transportation equipment.
C. No person may submit claims for refund pursuant to the provisions of this section more frequently than quarterly. No claim for refund may be submitted or allowed on less than one hundred gallons.
D. The department may prescribe the documents necessary to support a claim for refund pursuant to the provisions of this section.
History: Laws 1992, ch. 51, § 13; 2015 (1st S.S.), ch. 2, § 21.
The 2015 (1st S.S.) amendment, effective January 1, 2016, provided for a refund or credit of a New Mexico tax paid on special fuel previously received in New Mexico from a source other than a refiner or pipeline terminal in this state; in the catchline added "on special fuel previously received form a source other than a refiner or pipeline terminal"; added the subsection designation "A" preceding the previously undesignated language; and added Subsections B, C and D.
Structure New Mexico Statutes
Article 16A - Special Fuels Supplier Tax
Section 7-16A-1 - Short title.
Section 7-16A-2 - Definitions.
Section 7-16A-2.1 - When special fuel received or used; who is required to pay tax.
Section 7-16A-3 - Imposition and rate of tax; denomination as special fuel excise tax.
Section 7-16A-4 - Special fuel inventory tax; imposition of tax; date payment of tax due.
Section 7-16A-5 - Special fuel inventories.
Section 7-16A-5.1 - Manifest or bill of lading required when transporting special fuels.
Section 7-16A-6 - Special fuel inventory tax refund.
Section 7-16A-9 - Tax returns; payment of tax.
Section 7-16A-9.1 - Returns by retailers; requirements.
Section 7-16A-9.2 - Returns by wholesalers.
Section 7-16A-9.3 - Returns by rack operators; requirements.
Section 7-16A-9.4 - Reporting requirements; special fuel deduction; biodiesel.
Section 7-16A-10 - Deductions; special fuel excise tax; special fuel suppliers.
Section 7-16A-11 - Tax returns; payment of tax; special fuel users; exception.
Section 7-16A-12 - Credit; special fuel excise tax; special fuel users.
Section 7-16A-13.1 - Claim for refund of special fuel excise tax paid on special fuel.
Section 7-16A-15 - Bond required of supplier.
Section 7-16A-15.1 - Special fuel users; surety bond required; exceptions.
Section 7-16A-16 - Delivery and use of special fuel prohibited in certain cases.
Section 7-16A-19 - Special fuel user permits; violation.
Section 7-16A-19.1 - Border crossing special fuel user permit.
Section 7-16A-20 - Administration and enforcement of act.
Section 7-16A-20.1 - Special fuels; authority of secretary to terminate interstate agreements.
Section 7-16A-21 - Temporary provision; continuity of actions.