Effective: January 1, 2018
Latest Legislation: House Bill 26 - 132nd General Assembly
Any person other than a motor fuel dealer who purchases motor fuel upon which the tax has been paid to this state and who sells the same outside this state for use outside this state or who uses the same on highways or waters outside this state and pays a tax on such use or sells the same to the United States government or any of its agencies may be reimbursed in the amount of such tax as provided in this chapter. All applications for refund of the tax paid on motor fuel sold for export from the state or sold to the United States government or any of its agencies shall be made in such form and shall set forth such information as the tax commissioner prescribes, and the applicant shall satisfy the commissioner that the motor fuel has been sold as stated and that the tax thereon has been paid. Applications for refund of the tax paid on motor fuel sold to the United States government or any of its agencies shall be supported by an affidavit of the claimant and by a tax exemption certificate executed by the vendee in such form as is prescribed by the commissioner. If the United States government or any of its agencies purchases motor fuel upon which the tax has been paid to this state, the United States government or agency may be reimbursed in the amount of such tax as provided in this chapter, provided that the seller of the motor fuel has not applied for a refund on behalf of the United States government or agency. Applications filed by the United States government or any of its agencies for refund of the tax paid on motor fuel purchases shall be supported by an invoice or similar fuel purchase document issued by the seller of the fuel.
On the filing of an application under this section, the commissioner shall determine the amount of refund to which the applicant is entitled. If the amount is not less than that claimed, the commissioner shall certify and pay that amount in the same manner as provided in section 5735.14 of the Revised Code. If the amount is less than that claimed, the commissioner shall proceed in accordance with section 5703.70 of the Revised Code.
The person shall file with the tax commissioner an application for refund within one year from the date of sale or purchase.
Structure Ohio Revised Code
Section 5735.01 | Motor Fuel Tax Definitions.
Section 5735.011 | Measurement of Liquid Natural Gas.
Section 5735.02 | Dealer's License - Application - Right to Refuse License - Fee.
Section 5735.021 | Application for Permissive Motor Fuel Dealer's License.
Section 5735.022 | Application for Retail Dealer's License.
Section 5735.023 | Retail Service Station - Prohibited Acts.
Section 5735.024 | Sale and Distribution Exceptions.
Section 5735.025 | Prohibited Acts Generally.
Section 5735.026 | Application for Exporter License.
Section 5735.027 | Application for Terminal Operator's License.
Section 5735.03 | Dealer's Surety Bond - Release - Lien on Property.
Section 5735.04 | Revocation or Cancellation of Dealer's License - Cancellation of Bond.
Section 5735.041 | Revocation of License of Retail Dealer.
Section 5735.042 | Revocation of License of Exporter.
Section 5735.043 | Revocation or Cancellation of License of Terminal Operator.
Section 5735.044 | Revocation or Cancellation of License of Permissive Motor Fuel Dealer.
Section 5735.05 | Levy of Motor Fuel Excise Tax - Exceptions.
Section 5735.051 | Levy of Motor Fuel Excise Tax; Dispostion of Revenue.
Section 5735.052 | Credits to Waterways Safety Fund and Wildlife Boater Angler Fund.
Section 5735.053 | Motor Fuel Tax Administration Fund.
Section 5735.06 | Motor Fuel Dealer to File Monthly Report - Contents of Report.
Section 5735.062 | Electronic Remittance of Tax Payments.
Section 5735.063 | Terminal Operator to File Monthly Report - Contents of Report.
Section 5735.064 | Exporter's Report.
Section 5735.07 | List of Dealers That Have Valid Licenses or Registrations.
Section 5735.09 | Registration of Transporters; Reports.
Section 5735.10 | Dealers to Retain Records - Inspection by Tax Commissioner.
Section 5735.101 | Prior Permission for Sale of Untaxed Fuel by Non-Dealer.
Section 5735.102 | Seizure and Sale of Fuel and Transporting Vehicle When Taxes Not Paid.
Section 5735.103 | Padlocking Pumps of Retail Service Station.
Section 5735.11 | Interest on Late Payment of Tax or Refund.
Section 5735.12 | Liability for Additional Charge or Assessment for Noncompliance.
Section 5735.121 | Jeopardy Assessment.
Section 5735.122 | Applying for Refund of Illegal or Erroneous Payment.
Section 5735.123 | Assessment Where Tax Not Paid or Liability Accrued to Dealer.
Section 5735.124 | Selling or Distributing Dyed Diesel Fuel.
Section 5735.13 | Refund of Tax When Motor Fuel Lost or Destroyed.
Section 5735.141 | Refunds for Shrinkage and Evaporation.
Section 5735.142 | Refunds for Local Transit System Operation and School Districts.
Section 5735.143 | Applying Refund in Satisfaction of Debt to State.
Section 5735.15 | Seller's Statement Required When Purchaser Claims Right to Refund.
Section 5735.18 | Reimbursement for Non-Dealer Sales for Export Outside State or to United States.
Section 5735.19 | Records Open to Inspection by Tax Commissioner - Investigations - Forms.
Section 5735.20 | Prohibited Acts Regarding Refunds or Engaging in Business Without License.
Section 5735.21 | Shipping Document Requirements.
Section 5735.28 | Funds for Maintaining State Highways Within Municipal Corporations.
Section 5735.33 | Delegation of Investigation Powers.
Section 5735.34 | Sale or Discontinuing Business.
Section 5735.35 | Personal Liability for Unpaid Taxes.
Section 5735.40 | No Tax to Be Imposed on Alternative Fuels - Exceptions.
Section 5735.43 | Funding From Motor Fuel Taxes; Disclosure of Use.
Section 5735.50 | Notice of Federal and State Motor Fuel Tax Rates.