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H0475.........................................by TRANSPORTATION AND DEFENSE FUELS TAX - Amends existing fuels tax law to provide that gasoline used to propel all-terrain vehicles not required to be registered under motor vehicle law or under recreational activities law is exempt from fuel tax; to provide for refunds payable on such fuel; and to expand the definition of "recreational vehicle" to include all-terrain vehicles. 01/15 House intro - 1st rdg - to printing 01/16 Rpt prt - to Transp 01/21 Rpt out - rec d/p - to 2nd rdg 01/22 2nd rdg - to 3rd rdg 01/26 3rd rdg - PASSED - 56-10-4 AYES -- Barraclough, Barrett, Bauer, Bayer, Bedke, Bell, Black, Block, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, McGeachin, McKague, Meyer, Miller, Moyle, Nielsen, Raybould, Ridinger, Ring, Roberts, Rydalch, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(24), Smylie, Snodgrass, Stevenson, Wills, Wood, Mr. Speaker NAYS -- Andersen, Boe, Martinez, Mitchell, Naccarato, Pasley-Stuart, Ringo, Robison, Smith(30), Trail Absent and excused -- Crow, Eberle, Langhorst, Sali Floor Sponsor - Roberts Title apvd - to Senate 01/27 Senate intro - 1st rdg - to Transp 03/03 Rpt out - rec d/p - to 2nd rdg 03/04 2nd rdg - to 3rd rdg 03/15 3rd rdg - PASSED - 27-0-8 AYES -- Andreason, Bailey, Bunderson, Burtenshaw, Calabretta, Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Pearce, Richardson, Schroeder, Sorensen, Stegner, Sweet, Werk NAYS -- None Absent and excused -- Brandt, Burkett, Cameron, Davis, Noble, Noh, Stennett, Williams Floor Sponsor - Bailey Title apvd - to House 03/16 To enrol 03/17 Rpt enrol - Sp signed 03/18 Pres signed - To Governor 03/23 Governor signed Session Law Chapter 235 Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 475 BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO FUELS TAX AND REFUNDS; AMENDING SECTION 63-2401, IDAHO CODE, TO 3 EXPAND THE DEFINITION OF "RECREATIONAL VEHICLE" TO INCLUDE ALL-TERRAIN 4 VEHICLES; AND AMENDING SECTION 63-2410, IDAHO CODE, TO PROVIDE THAT GASO- 5 LINE USED TO PROPEL ALL-TERRAIN VEHICLES NOT REQUIRED TO BE REGISTERED 6 UNDER MOTOR VEHICLE LAW OR UNDER RECREATIONAL ACTIVITIES LAW IS EXEMPT 7 FROM FUEL TAX AND TO PROVIDE FOR REFUNDS PAYABLE ON FUEL USED IN ALL- 8 TERRAIN VEHICLES NOT REQUIRED TO BE REGISTERED UNDER MOTOR VEHICLE LAW OR 9 UNDER RECREATIONAL ACTIVITIES LAW. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 63-2401, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 63-2401. DEFINITIONS. In this chapter: 14 (1) "Aircraft engine fuel" means: 15 (a) Aviation gasoline, defined as any mixture of volatile hydrocarbons 16 used in aircraft reciprocating engines; and 17 (b) Jet fuel, defined as any mixture of volatile hydrocarbons used in 18 aircraft turbojet and turboprop engines. 19 (2) "Biodiesel" means any fuel or mixture of fuels that is: 20 (a) Derived in whole or in part from agricultural products or animal fats 21 or the wastes of such products; and 22 (b) Suitable for use as fuel in diesel engines. 23 (3) "Bond" means: 24 (a) A surety bond, in an amount required by this chapter, duly executed 25 by a surety company licensed and authorized to do business in this state 26 conditioned upon faithful performance of all requirements of this chapter, 27 including the payment of all taxes, penalties and other obligations aris- 28 ing out of the provisions of this chapter; or 29 (b) A deposit with the commission by any person required to be licensed 30 pursuant to this chapter under terms and conditions as the commission may 31 prescribe, of a like amount of lawful money of the United States or bonds 32 or other obligations of the United States, the state of Idaho, or any 33 county of the state; or 34 (c) An irrevocable letter of credit issued to the commission by a bank 35 doing business in this state payable to the state upon failure of the per- 36 son on whose behalf it is issued to remit any payment due under the provi- 37 sions of this chapter. 38 (4) "Commercial motor boat" means any boat, equipped with a motor, which 39 is wholly or partly used in a profit-making enterprise or in an enterprise 40 conducted with the intent of making a profit. 41 (5) "Commission" means the state tax commission of the state of Idaho. 42 (6) "Distributor" means any person who receives motor fuel in this state, 43 and includes a special fuels dealer. Any person who sells or receives gaseous 2 1 fuels will not be considered a distributor unless the gaseous fuel is deliv- 2 ered into the fuel supply tank or tanks of a motor vehicle not then owned or 3 controlled by him. 4 (7) "Dyed fuel" means diesel fuel that is dyed pursuant to requirements 5 of the internal revenue service, or the environmental protection agency. 6 (8) "Exported" means delivered by truck or rail across the boundaries of 7 this state by or for the seller or purchaser from a place of origin in this 8 state. 9 (9) "Gasohol" means gasoline containing a mixture of no more than ten 10 percent (10%) blend anhydrous ethanol. 11 (10) "Gasoline" means any mixture of volatile hydrocarbons suitable as a 12 fuel for the propulsion of motor vehicles or motor boats. "Gasoline" also 13 means aircraft engine fuels when used for the operation or propulsion of motor 14 vehicles or motor boats and includes gasohol, but does not include special 15 fuels. 16 (11) "Highways" means every place of whatever nature open to the use of 17 the public as a matter of right for the purpose of vehicular travel which is 18 maintained by the state of Idaho or an agency or taxing subdivision or unit 19 thereof or the federal government or an agency or instrumentality thereof. 20 Provided, however, if the cost of maintaining a roadway is primarily borne by 21 a special fuels user who operates motor vehicles on that roadway pursuant to a 22 written contract during any period of time that a special fuels tax liability 23 accrues to the user, such a roadway shall not be considered a "highway" for 24 any purpose related to calculating that user's special fuel's tax liability or 25 refund. 26 (12) "Imported" means delivered by truck or rail across the boundaries of 27 this state by or for the seller or purchaser from a place of origin outside 28 this state. 29 (13) "International fuel tax agreement" and "IFTA" mean the international 30 fuel tax agreement required by the intermodal surface transportation effi- 31 ciency act of 1991, Public Law 102-240, 105 Stat. 1914, and referred to in 32 title 49, U.S.C., section 31701, including subsequent amendments to that 33 agreement. 34 (14) "Jurisdiction" means a state of the United States, the District of 35 Columbia, a province or territory of Canada, or a state, territory or agency 36 of Mexico in the event that the state, territory or agency participates in the 37 international fuel tax agreement. 38 (15) "Licensed distributor" means any distributor who has obtained a 39 license under the provisions of section 63-2427A, Idaho Code. 40 (16) "Motor fuel" means gasoline, special fuels, aircraft engine fuels or 41 any other fuels suitable for the operation or propulsion of motor vehicles, 42 motor boats or aircraft. 43 (17) "Motor vehicle" means every self-propelled vehicle designed for oper- 44 ation, or required to be licensed for operation, upon a highway. 45 (18) "Person" means any individual, firm, fiduciary, copartnership, asso- 46 ciation, limited liability company, corporation, governmental instrumentality 47 including the state and all of its agencies and political subdivisions, or any 48 other group or combination acting as a unit, and the plural as well as the 49 singular number, unless the intent to give a more limited meaning is disclosed 50 by the context. Whenever used in any clause prescribing and imposing a fine or 51 imprisonment, or both, the term "person" as applied to an association means 52 the partners or members, and as applied to corporations, the officers. 53 (19) "Recreational vehicle" means a snowmobile as defined in section 54 67-7101, Idaho Code; a motor driven cycle or motorcycle as defined in section 55 49-114, Idaho Code;andany recreational vehicle as defined in section 49-119, 3 1 Idaho Code; and an all-terrain vehicle as defined in section 67-7101, Idaho 2 Code. 3 (20) "Retail dealer" means any person engaged in the retail sale of motor 4 fuels to the public or for use in the state. 5 (21) "Special fuels" means: 6 (a) All fuel suitable as fuel for diesel engines; 7 (b) A compressed or liquified gas obtained as a byproduct in petroleum 8 refining or natural gasoline manufacture, such as butane, isobutane, pro- 9 pane, propylene, butylenes, and their mixtures; and 10 (c) Natural gas, either liquid or gas, and hydrogen, used for the genera- 11 tion of power for the operation or propulsion of motor vehicles. 12 (22) "Special fuels dealer" means "distributor" under subsection (6) of 13 this section. 14 (23) "Special fuels user" means any person who uses or consumes special 15 fuels for the operation or propulsion of motor vehicles owned or controlled by 16 him upon the highways of this state. 17 (24) "Use" means either: 18 (a) The receipt, delivery or placing of fuels by a licensed distributor 19 or a special fuels dealer into the fuel supply tank or tanks of any motor 20 vehicle not owned or controlled by him while the vehicle is within this 21 state; or 22 (b) The consumption of fuels in the operation or propulsion of a motor 23 vehicle on the highways of this state. 24 SECTION 2. That Section 63-2410, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 63-2410. REFUND OF GASOLINE TAX PROCEDURE. (1) Any person who shall pur- 27 chase fifty (50) gallons or more, and use the gasoline in motor vehicles oper- 28 ated on highways outside of the state of Idaho where a duplicate tax is 29 assessed for the same gasoline, shall be entitled to refund when a claim is 30 presented to the commission in the manner required in subsection (5)(c) of 31 this section. Claimant shall present to the commission a statement accompanied 32 by a verification of the use determined by an audit of his operations con- 33 ducted as prescribed by the tax commission; or his claim may be verified by 34 the filing of a receipt or proof showing the payment of tax on the gasoline 35 used in any other state. 36 (2) Any person who shall purchase within any one (1) calendar year fifty 37 (50) gallons or more of gasoline used for the purposes described in this sub- 38 section shall be entitled to be refunded the amount of gasoline tax previously 39 paid on that gasoline. Exempt uses are: 40 (a) Operating stationary gasoline engines; 41 (b) Propelling equipment or vehicles which are not licensed to be oper- 42 ated on a highway;and43 (c) Operating commercial motor boats; and 44 (d) Propelling an all-terrain vehicle that is not required to be regis- 45 tered pursuant to chapter 4, title 49, Idaho Code, or chapter 71, title 46 67, Idaho Code. 47 (3) No refund of gasoline tax shall be allowed for any gasoline which is: 48 (a) Used in motor vehicles required to be licensed or used in any motor 49 vehicle exempt from registration by reason of the ownership or residence; 50 or 51 (b) Aircraft engine fuel placed in aircraft, provided however, if tax has 52 been paid at the rate provided in section 63-2405, Idaho Code, on any 53 motor fuel placed in the fuel supply tank of an aircraft the user of the 4 1 fuel may apply for a refund of the difference between the tax paid on the 2 fuel and the tax imposed in section 63-2408, Idaho Code; or 3 (c)Gasoline uUsed in recreational vehicles except all-terrain vehicles 4 exempted as provided in subsection (2)(d) of this section; or 5 (d)Gasoline uUsed in noncommercial motor boats or in boats operated by a 6 governmental entity. 7 (4) Any licensed distributor paying the gasoline tax and/or aircraft 8 engine fuel tax to the state of Idaho erroneously shall be allowed a credit or 9 refund of the amount of tax paid by him if a written claim for refund is filed 10 with the commission within three (3) years after the date those taxes were 11 paid. Such credit or refund shall include interest at the rate established in 12 section 63-3045, Idaho Code, computed from the date taxes to be refunded or 13 credited were paid to the commission. 14 (5) (a) All claims for refund of gasoline taxes arising under subsection 15 (1), (2) or (3)(b) of this section shall be filed in conjunction with the 16 claimant's income tax return due pursuant to chapter 30, title 63, Idaho 17 Code. The gasoline tax refund claimed shall be tax paid on gasoline actu- 18 ally purchased during the taxable year to which the income tax return 19 relates. The gasoline tax refund due shall be offset against any other 20 taxes, penalties or interest due before any balance is refunded by the 21 commission to the claimant. Subject to a limitation as to the amount of 22 refund to be claimed as the commission may provide by rule, refund claims 23 may be submitted and paid on a monthly basis and reconciled on the income 24 tax return when it is filed. 25 (b) If a claimant is not required to file an income tax return, the 26 refund claim shall be made on forms and in the manner as the commission 27 may provide. The claim shall relate to taxes paid on gasoline actually 28 purchased in the calendar year preceding the filing and the claim shall be 29 due on or before April 15 following the close of the calendar year. 30 (c) Claims for refunds under subsection (1) or (2) of this section shall 31 be filed in the manner prescribed in section 63-3072, Idaho Code. Such 32 credit or refund shall include interest at the rate established in section 33 63-3045, Idaho Code, computed from sixty (60) days following the later of 34 the due date of the claimed refund under subsection (5)(a) or (5)(b) of 35 this section or the filing of the claim. No refund shall be paid under 36 this section unless a written claim for such refund has been filed with 37 the commission within three (3) years after the due date, including exten- 38 sions, of the income tax return in regard to which the claim relates or 39 the due date of the claim established in paragraph (b) of this subsection 40 (5). 41 (d) The commission may require that all claims be accompanied by the 42 original signed invoice or invoices issued to the claimant, showing the 43 total amount of gasoline on which a refund is claimed and the reason, the 44 amount of the tax and any additional information required by the commis- 45 sion. Each separate delivery shall constitute a purchase and a separate 46 invoice shall be prepared, at least in duplicate, to cover the delivery. 47 All invoices, except those prepared by a computer or similar machine, 48 shall be prepared in ink or double-spaced carbon shall be used between the 49 original and first duplicate. 50 (6) (a) Should the commission find that the claim contains errors, it may 51 correct the claim and approve it as corrected, or the commission may 52 require the claimant to file an amended claim. The commission may require 53 any person who makes a claim for refund to furnish a statement under oath, 54 giving his occupation, description of the machine or equipment in which 55 the gasoline was used, the place where used and any other information as 5 1 the commission may require. If the commission determines that any claim 2 has been fraudulently presented, or is supported by an invoice or invoices 3 fraudulently made or altered, or that any statement in the claim or affi- 4 davit is willfully false and made for the purpose of misleading, the com- 5 mission may reject the claim in full. If the claim is rejected, the com- 6 mission may suspend the claimant's right to any refund for purchases made 7 during a period not to exceed one (1) year beginning with the date the 8 rejected claim was filed, and it shall take all other action deemed appro- 9 priate. 10 (b) The commission has authority, in order to establish the validity of 11 any claim, to examine the books and records of the claimant for that pur- 12 pose, and failure of the claimant to accede to the demand for the examina- 13 tion may constitute a waiver of all rights to the refund claimed. 14 (7) In the event of the loss or destruction of the original invoice or 15 invoices, the person claiming a refund may submit a duplicate copy of the 16 invoice certified by the vendor, but payment based on the duplicate invoice 17 shall not be made until one (1) year after the date on which the gasoline was 18 purchased.
STATEMENT OF PURPOSE RS 13510 The bill amends the motor fuels tax statutes to clarify when refunds are payable on fuel used in all-terrain vehicles(ATV) not required to be licensed or to have a recreational permit. The effect is to eliminate the difference between three-wheel and four-wheel ATVs. Currently fuel used in three-wheel ATVs is taxable but tax on fuel used in four-wheel ATVs (if not licensed) can be refunded. FISCAL IMPACT Additional $20,000 motor fuel tax will qualify for refund. This does not affect the general fund. Contact Name: Dan John/Ted Spangler, State Tax Commission Phone: 334-7530 STATEMENT OF PURPOSE/FISCAL NOTE H 475