(Vehicle Services Division)
(Prorate and Fuel Tax Administration)
Preproposal statement of inquiry was filed as WSR 08-13-084.
Title of Rule and Other Identifying Information: Chapter 308-72 WAC, Motor vehicle fuel tax.
Hearing Location(s): Department of Licensing, Prorate and Fuel Tax, 2424 Bristol Court, Room 346, Olympia, WA 98507, on January 28, 2009, at 1:30 p.m.
Date of Intended Adoption: February 24, 2009.
Submit Written Comments to: Art Farley, P.O. Box 9036, Olympia, WA 98507-9036, e-mail DOLPRFTRuleComments@dol.wa.gov, fax (360) 664-8468, by January 28, 2009.
Assistance for Persons with Disabilities: Contact K. Partain by January 14, 2009, TTY (360) 664-8885, or (360) 664-1816.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Changes to this rule are in accordance with Executive Order 97-02 Regulatory Improvement and 05-03 on plain talk. The rule has been changed so it is easier to understand as well as removed any redundancy or obsolete language.
Reasons Supporting Proposal: Executive Order 05-03, Executive Order 97-02.
Statutory Authority for Adoption: RCW 82.36.435.
Statute Being Implemented: Chapter 82.36, 82.38, or 82.48 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of licensing, vehicle services division, prorate and fuel tax administration, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Paul Johnson, FT Manager, 2424 Bristol Court, Olympia, (360) 664-1844.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Members of the impacted industries and department of licensing staff reviewed the proposed amendments and comments did not relate to an economic impact.
A cost-benefit analysis is not required under RCW 34.05.328. The impact is only to verbiage clean up and clarity there is no cost analysis needed as there is no impact financially.
December 9, 2008
Prorate and Fuel Tax
December 11, 2008
Mykel D. Gable
AMENDATORY SECTION(Amending WSR 02-02-010, filed 12/20/01, effective 1/20/02)
WAC 308-72-50901 Waiving of bond requirement. (1) Can the department waive the requirement to maintain a fuel tax bond? Yes((
.)), if the department (( may waive the bonding
requirement of a licensed distributor if, upon determination
by the department, the licensed distributor)) determines that
the licensed distributor has sufficient financial
(( instruments to extinguish)) assets to cover any Washington
state fuel tax liability, including penalties and interest(( ,
incurred while acting as a licensed distributor)).
(2) What is considered a financial ((
(( For purposes of this rule, a financial instrument is
(a) A line of credit with a financial institution or
supplier covering the cost of product and fuel tax liability
incurred by the distributor)); or
Lawful money of the)) United States dollars, (( or))
bonds, or other obligations of the United States, the state,
or any county of the state, deposited with the state
(3) How can I qualify to have my bonding requirement
You may qualify to have your bonding requirement
(a) By filing a notarized statement with the department
stating that your line((
())s(( ))) of credit with your
financial institution(( ())s(( ))) and your fuel
supplier(( ())s(( ))) is at a sufficient amount to include
product cost and state fuel taxes. You must (( indicate)) list
the name of the financial institution(( ())s(( ))), the account
number(( ())s(( ))) and dollar value of your line(( ())s(( ))) of
credit, and the name(( ())s(( ))) of your fuel
supplier(( ())s(( ))). You must authorize the department to
access this information with your financial
institution(( ())s(( ))) and supplier(( ())s(( ) for verification
(b) Depositing in a financial institution an amount equal to the estimated monthly fuel tax payments and assigning this deposit to the department as security for performance under chapter 82.36 RCW; and
(c) Providing the department with satisfactory
, satisfactory to the department,)) indicating
that the supplier(( ())s(( ))) will not allow the licensed
distributor to incur a liability, including fuel tax, in
excess of the line(( ())s(( ))) of credit(( , if applicable)).
(4) What if the department denies my request for a waiver of the bond requirement? You can appeal this decision as provided in chapters 82.36 RCW and 308-72 WAC.
(5) What if I no longer maintain a line of credit or
instrument)) asset? You must provide a surety
bond to the department in the amount required by chapter 82.36 RCW, with a coverage (( commencement date)) beginning on or
before the date the line of credit or financial (( instrument
was extinguished)) asset became insufficient.
[Statutory Authority: RCW 82.36.435 and 82.38.260. 02-02-010, § 308-72-50901, filed 12/20/01, effective 1/20/02.]
What form of payment does the department require
for dishonored checks? Any registrant who tenders a check
that is subsequently dishonored by a financial institution
upon which it was drawn, may be required to tender all
subsequent payments in certified funds, i.e., cash, cashier's
check, certified check, traveler's check, official check, or
(3))) Are there any additional fees charged for a
dishonored check ((
(DHC)))? Yes, a handling fee (( shall be
assessed by the department for each check dishonored by the
financial institution)) will be charged by the department for
each dishonored check.
[Statutory Authority: RCW 46.01.110, 82.36.435, 82.38.260, 82.42.040, 46.87.010(2). 00-08-032, § 308-72-720, filed 3/28/00, effective 4/28/00.]
(2) "Export" means to obtain motor vehicle fuel in this state for sale or distribution outside this state. To be considered an "export" and qualify for exemption from the motor vehicle fuel tax, motor vehicle fuel obtained outside the bulk transfer terminal system must be physically off-loaded in the destination state, province, or foreign country. The exporter must be licensed or registered, if required, in that state, province, or country of destination.
(3) "Motor vehicle fuel" means any product ((
commercially)) sold as gasoline (( as defined in CFR 48.481-1
(e)(3))) and fuel ethanol. The blending of any
product(( ())s(( ))) or chemical(( ())s(( ))) with gasoline or any
other inflammable liquid and the resultant product is sold or
used for the propulsion of motor vehicles (( shall)) will be
considered a motor vehicle fuel subject to the provisions of
chapter 82.36 RCW.
"Motor vehicle fuel supplier" means a person who is
licensed as a supplier under chapter 82.36 RCW, and must hold
a federal certificate of registry issued under the Internal
Revenue Code authorizing the person to enter into federal tax
free transactions on motor vehicle fuel in the bulk
(5))) "Invoice" means any document, paper or electronic, evidencing the transfer of ownership of motor vehicle fuel.
(5) "Net gallons" a standard gallon unit of petroleum of 231 cubic inches at 60 degrees Fahrenheit (U.S. petroleum gallon).
(6) "Ethanol" means an anhydrous denatured aliphatic alcohol intended for gasoline blending.
[Statutory Authority: RCW 82.36.435. 01-22-072, § 308-72-800, filed 11/1/01, effective 12/2/01.]
(2) What if my payment is not made by electronic funds transfer? If you are not paying your motor vehicle fuel tax by electronic funds transfer, then payment is due on the next state business day. (For example, if the payment due date falls on Saturday, the payment must be postmarked by Monday.)))
[Statutory Authority: RCW 82.36.435. 01-22-072, § 308-72-805, filed 11/1/01, effective 12/2/01.]
(a) Automatically renewable certificate((
())s(( ))) of
deposit insured by the federal deposit insurance corporation,
made in the name of the licensee or applicant for the license,
payable to or assigned to the Washington state treasurer; or
())s(( ))) of deposit or share account
issued by a savings and loan association insured by the
federal savings and loan insurance corporation. Evidence of
the insured account, in the form of either a certificate of
deposit or passbook, must be filed with the department along
with a properly executed assignment form whereby the fund on
deposit is assigned to the Washington state treasurer; or
())s(( ))) of deposit or share account,
issued by a credit union doing business in the state of
Washington and insured by the Washington credit union share
guaranty association. Evidence of the insured account, in the
form of either a certificate of deposit or passbook, must be
filed with the department along with a properly executed
assignment form whereby the fund on deposit is assigned to the
Washington state treasurer; or
(d) Cash deposits ((
are acceptable)), however interest
will not accrue.
(2) Do I earn interest on my certificates of deposit?
the certificate and/or)) the assignment forms (( shall))
will contain the provision that interest earned will be
payable to the depositor.
(3) How is an assignment canceled? Assignments may only be canceled upon written authorization of the department.
[Statutory Authority: RCW 82.36.435. 01-22-072, § 308-72-810, filed 11/1/01, effective 12/2/01.]
(a) Upon written request of the licensee, the cancellation will become effective within sixty days from receipt of the written request.
(b) Upon investigation and sixty days' notice to the licensee if the department determines the licensee is no longer engaged in the sale or distribution of motor vehicle fuel for a period of six consecutive months prior to the cancellation.
(c) Upon failure to file a new surety bond or to make deposits (cash) in accordance with RCW 82.36.060, or when the surety bond issuer requests to be released or discharged.
(d) Upon failure to file new or additional surety bond or to deposit additional securities within thirty days after being requested to do so by the department.
(2) How do I request to have my license canceled? A written request for cancellation and any required tax returns up to the date of cancellation must be forwarded to the department with a remittance of any tax, penalty and interest due.
(3) Under what circumstances may my license be suspended or revoked? A license suspension or revocation is initiated by the department for cause as defined in RCW 82.36.190.
(4))) What happens when my license is canceled,
suspended, or revoked? The department will notify all motor
vehicle fuel ((
suppliers, importers, exporters, blenders and
distributors)) licensees of the change in license status.
[Statutory Authority: RCW 82.36.435. 01-22-072, § 308-72-815, filed 11/1/01, effective 12/2/01.]
(a) Fuel owned by the exporter and delivered by the exporter to a customer at a point outside the state by means of equipment owned and operated or controlled by the licensee.
(b) By a licensee for transportation to a destination outside the state under a bill of lading or a shipping contract that definitely establishes that the licensee claiming the export actually and, in fact, retains title to, and control over, said fuel until actual delivery to its destination out of the state of Washington.
(2) When are sales to the United States armed forces and National Guard tax exempt? A licensed supplier is authorized to remove motor vehicle fuel from the bulk transfer terminal system without the imposition of the tax when the motor vehicle fuel is delivered:
(a) To the United States armed forces or National Guard under a bill of lading for the express purpose of exportation from the state by the armed forces or National Guard.
(b) Into the fuel tanks of ships operated by the United States armed forces or National Guard and bearing armed forces or National Guard identification names or numbers.
(c) Into the storage facilities of the United States armed forces or National Guard maintained exclusively for the purpose of fueling ships.
(3) Are sales to qualified foreign diplomatic and consular missions tax exempt? Tax exempt sales of motor vehicle fuel may be made to qualified foreign diplomatic, consular missions and their qualified personnel if the diplomatic, consular missions and qualified personnel maintain tax exempt credit card accounts. Motor vehicle fuel purchased by cash is not tax exempt.
(4) What is required for a licensee to issue a credit card to qualified foreign government personnel? Application must be accompanied by Form DSP-99A, issued by the Office of Foreign Missions, United States Department of State, and approved by that office.)) No, only credit card purchases are exempt.
[Statutory Authority: RCW 82.36.435. 01-22-072, § 308-72-820, filed 11/1/01, effective 12/2/01.]
(2) What is acceptable proof of loss? Acceptable proof of loss shall consist of:))
(a) A notarized affidavit by a person having actual
knowledge of the circumstances of the loss, explaining the
origin and destination of the shipment, the circumstances
surrounding the quantity of fuel lost, fuel salvaged,
disposition of the salvaged fuel, and procedure((
used in the determination of the quantity of fuel lost; or
(b) A signed statement by a federal, state, local or
provincial official who has authority to investigate ((
deal with)) fuel losses; (( or witness to the loss;)) and
(c) A bill of lading or other shipping
())s(( ))); and
(d) A statement by the licensee establishing ownership of the fuel at time of loss.
(3))) (2) Are deductions for losses from bulk storage
allowed? Yes, motor vehicle fuel that has been proven lost or
destroyed, prior to distribution from a licensee's bulk
storage facility outside of the bulk transfer terminal
system(( , is allowed as a deduction as provided in RCW 82.36.370)) may be considered a tax exempt loss.
(4))) (3) How long (( shall)) do I retain my evidence
substantiating my loss? (( Documentary evidence substantiating
losses shall be retained by the licensee for)) Five years from
date of claim.
(5))) (4) May I claim a deduction for (( unproved
losses)) stolen fuel? No(( , unproved losses will be
considered as distribution and subject to fuel tax.
(6) Am I liable for fuel taxes when one of my employees or agents causes a loss of fuel? Yes, charges for losses made by employees or agents of the licensee who fail to satisfactorily account for fuel shall be invoiced inclusive of the fuel tax. Other losses shall be accounted for and supported by proof)).
[Statutory Authority: RCW 82.36.435. 01-22-072, § 308-72-835, filed 11/1/01, effective 12/2/01.]
(a) When a licensed distributor does not pay a licensed
supplier the motor vehicle fuel taxes that are due, the
supplier must notify the department no later than twenty
calendar days from the date the fuel tax was due to the
supplier. If that twentieth day falls on a Saturday, Sunday,
or legal holiday, the supplier must notify the department on
the next business day.
(b) The supplier must complete the form that has been developed by the department for this purpose or timely provide written notification to the department. Receipt of written notification constitutes evidence that the distributor has failed to pay the motor vehicle fuel taxes owed.)) The supplier must notify the department in writing no later than twenty calendar days from the date the fuel tax was due. If the twentieth day falls on a Saturday, Sunday, or legal holiday, the supplier must notify the department on the next business day.
(2) What ((
action)) will the department (( take)) do when
notified (( by the supplier)) of the distributor's failure to
pay? (( The department will)) Suspend the distributor's
license (( for nonpayment of motor vehicle fuel tax due the
supplier)) and notify all suppliers (( of the suspension in the
(a) Posting notification of the suspension on the department's web site;
(b) Transmission of the notification via electronic mail or facsimile; and
(c) Mailing of the notification via U.S. mail)).
[Statutory Authority: RCW 82.36.435. 01-22-072, § 308-72-840, filed 11/1/01, effective 12/2/01.]
(1) Physical inventories of bulk storage plants taken at the close of each calendar month.
(2) Meter readings taken at the close of each calendar month for pumps through which fuel is dispensed.
(3) A record of fuel receipts ((
invoices, bills of lading, transfer documents, yield reports
and other documents relative to the acquisition of fuel.
(4) A record of fuel disbursements ((
invoices, bills of lading and other documents relative to the
disbursements of fuel.
[Statutory Authority: RCW 82.36.435. 01-22-072, § 308-72-850, filed 11/1/01, effective 12/2/01.]
[Statutory Authority: RCW 82.36.435. 01-22-072, § 308-72-860, filed 11/1/01, effective 12/2/01.]
(2) What information ((
must appear)) is required on
(( each)) an invoice? (( Each invoice must include the
(a) The name and address of the seller;
(b) The name, address, and motor vehicle fuel tax license number, if applicable, of the purchaser;
(c) The date of delivery ((
()), month, day, and
(d) The location of the point of shipment. Alphanumeric
codes are allowed if the definition((
s of the alphanumeric
codes)) keys are provided to the department;
(e) The physical address of the fuel delivery or exchange
if different than the purchaser address, including the name of
the state, Canadian Province, or foreign country. Alphanumeric codes are allowed if the definition((
s of the
alphanumeric codes)) keys are provided to the department;
(f) In the case of a delivery into a federally recognized Indian reservation or onto Indian country, the invoice must identify the state, U.S. possession, or Canadian Province in which the delivery took place;
(g) Name of carrier transporting fuel;
(g))) (h) Name of product sold;
(h))) (i) The number of U.S. gallons of product sold
(( (must indicate)) in net or gross gallons(( )));
(i))) (j) The price per gallon and total amount
(j))) (k) A statement on the invoice indicating
(( whether)) if the fuel has been sold without the Washington
state fuel tax(( ;
(k) In the case of a delivery onto a federally recognized Indian reservation or onto Indian country, the invoice must identify the state within the contiguous United States, Hawaii, Alaska, District of Columbia, U.S. possession, or Canadian Province in which the delivery took place)).
(3) What happens if a purchaser's invoice is lost or
If an invoice is lost or destroyed)) The seller
(( shall)) can issue a duplicate or copy containing all
information (( that appeared)) on the original invoice, if
requested by the purchaser. The copies (( shall)) must be
plainly marked "copy" or "duplicate."
(4) What happens if an incorrect invoice is issued to the purchaser? The seller must issue a corrected invoice to the purchaser. The invoice must clearly indicate that it is a corrected invoice and reference the original invoice.
(5) What documentation does a licensed supplier,
importer or blender need in order to support taxable motor
vehicle fuel consumed for their own use? Fuel used in motor
vehicles or for other taxable purposes by a licensed supplier,
importer or blender shall be supported by records covering the
total fuel used during the reporting period.
(6) What documentation does a distributor need in order to claim a refund for nontaxable use of motor vehicle fuel? If motor vehicle fuel is used for a purpose subject to tax refund, the distributor must have supporting invoices or records indicating the use of the motor vehicle fuel and the type(s) of equipment it is used in.))
[Statutory Authority: RCW 82.36.435. 01-22-072, § 308-72-865, filed 11/1/01, effective 12/2/01.]
(2) What is the minimum refund for unlicensed refund claims? Claims for less than twenty dollars will not be refunded.
[Statutory Authority: RCW 82.36.435. 01-22-072, § 308-72-870, filed 11/1/01, effective 12/2/01.]
When can I file a refund claim? A refund claim may
be filed at any time not to exceed a thirteen-month time limit
from the date)) What time period can I file for a refund? You
must file within thirteen months of the fuel purchase date. (( If you claim a refund for fuel purchased in any month of a
claimed period, you may not claim additional purchases for
that month on another claim.)) The department will use the
postmark date to determine the (( eligibility of the claim))
thirteen-month time frame. We will not accept multiple refund
claims for the same month. For example, if you have made a
claim for purchases in June you cannot claim additional
purchases for June on another claim form.
(3) What do I need to send ((
in my invoices)) with
(( the)) my refund claim (( request))? (( If your refund claim
request is one hundred dollars or less, you do not have to
send your)) You must send in your fuel purchase invoices
(( with your refund claim unless required by the department. If your refund claim request is more than one hundred dollars,
purchase invoices are required. If electronic invoices were
issued to the claimant, paper copies of the invoices or other
documentation containing required information must be
submitted with the refund claim)), schedules, and other
documents listed on the refund claim form. If electronic
invoices were issued, you must provide paper copies.
(4) How ((
shall)) do I account for my inventory (( on my
refund claim form))? Any fuel on hand (( ()), by physical
measurement(( ))), at the end of the claim period should be
(( indicated on the claim as ending inventory and should be))
reported as (( a beginning inventory on the next refund claim
form. Credit for the inventory will be allowed on the next
claim if it is filed within thirteen months from the filing
date of the claim that established the inventory. All
invoices for the total fuel purchased must be submitted with
each claim unless the amount of the claim is one hundred
dollars or less)) ending inventory. This figure should be
reported as the beginning inventory on your next claim form.
As)) What does a licensed distributor (( do I need
to)) send (( in supporting summary schedules and invoices))
with (( my)) their refund claim (( request))? (( Yes.)) Summary
schedules must be provided (( by the distributor. Invoices may
be requested by the department)) and the department may
Who may)) The following can sign a refund claim
form(( ? The following persons may sign a refund claim form)):
(a) Individuals - permit holder;
(b) Partnership - any one of the partners;
(c) Business firm or corporation - owner, corporate officer or other authorized agent.
(7) Can invoices ((
be in)) have a different name than
what is on the claim form? No(( , invoices made out in other
names will not be accepted)).
(8) Can I request that my refund be assigned to another
person? Yes, if we receive a letter ((
of assignment is
attached, signed by the person to)) stating whom you would
like the (( invoice was issued, designating the payee)) claim
(9) How long will it take until I receive my refund?
Properly completed refund claims will be processed and
mailed)) Within thirty business days (( of date of receipt))
after we receive a properly completed claim.
(10) How long do I maintain my refund records? Keep them for five years after submitting your claim.
[Statutory Authority: RCW 82.36.435. 01-22-072, § 308-72-880, filed 11/1/01, effective 12/2/01.]
What)) The following information must be included
on the invoice(( ? Each invoice must contain the following
(a) The name and address of the seller;
Kind or)) The type of fuel and number of gallons
(c) Complete date of sale ((
())including month, day, and
(d) Price per gallon; and
(e) Total amount of sale.
Will)) The department will not accept invoices with
altered, corrected or erased information(( ? Invoices that
indicate alterations, corrections or erasures shall be voided
and will not be accepted. Any person who alters any part of
an invoice that will tend to give the claimant an illegal gain
may have the entire claim invalidated and the director may
suspend any further claims for refund for a period of one
year. If an electronic invoice was issued, then a paper copy
of the electronic invoice or other documentation containing
required information must be submitted)).
(4) What happens if ((
an invoice is lost or destroyed))
the seller issues an electronic invoice? (( If an invoice is
lost or destroyed, the seller may issue a duplicate or copy
containing the invoice number, date of sale, gallonage, price
and amount, and any information that appeared on the first
invoice. The copies shall be plainly marked "copy" or
"duplicate.")) A paper copy must be submitted with your refund
(5) What happens if I ((
issued)) get an incorrect invoice
(( to the purchaser))? The seller(( s of fuel shall)) must
issue a (( corrected)) new invoice (( to the purchaser)) marked
"correction" and reference the original.
The invoice must clearly indicate that it is a
corrected invoice and reference the original invoice. Only
one invoice shall be issued for any one delivery.))
(6) What happens if I lose or destroy my invoice? The seller may issue a copy. The copies must be plainly marked "copy" or "duplicate."
[Statutory Authority: RCW 82.36.435. 01-22-072, § 308-72-890, filed 11/1/01, effective 12/2/01.]
Failure of the claimant to maintain the required records or to accede to a demand for examination of them constitutes a waiver of all rights to the refund. If the claimant maintains electronic invoices, paper copies of these invoices or other documentation containing required information must be produced, upon demand of the department.
(2) What records must be maintained to support a refund claim for each of the following uses?
(a) Use of fuel from bulk storage. Fuel purchased and delivered into bulk storage for taxable and nontaxable use must be accounted for by detail withdrawal records to show the manner in which used.
(b) Use of fuel from other than bulk storage. Fuel purchased in small containers, ten gallons or less, for nonhighway use should be identified by the purchaser on the purchase invoice, i.e., boats, tractors, power saws, etc.))
• All fuel receipts;
• The gallons of fuel used in each piece of equipment, both refundable and nonrefundable;
• Fuel inventory in bulk storage;
• Detailed fuel records for all withdrawals from bulk storage;
• Fuel purchased in small containers (ten gallon or less) for nonhighway use must show the type of equipment being used; i.e., boats, tractors, power saws, etc.
[Statutory Authority: RCW 82.36.435. 01-22-072, § 308-72-895, filed 11/1/01, effective 12/2/01.]
(2) What is not considered auxiliary equipment?
that is considered an integral part of the
operation of the vehicle,)) such as air conditioning, power
steering, generator, etc., that is considered an integral part
of the operation of the vehicle.
(3) What formula does the department use in determining
power take-off)) PTO usage (( for fuel and heating oil
(a) For gasoline used in pumping fuel oil or heating
oil by means of a power take-off unit on a delivery truck at
the rate of three-fourths of one gallon for each one thousand
gallons of fuel or heating oil delivered. Fuel oil delivery
truck operators must maintain records which show the total
gallons of fuel oil or heating oil pumped by each vehicle for
which refund is claimed together with supporting
(b) For gasoline used in operating a power take-off unit
on any of the vehicles listed herein when direct measurement
is not feasible,)) The tax exemption is calculated ((
rate specified)) as a percentage of the total Washington
taxable fuel (( used by the vehicles)):
|Fire trucks (private)||25%|
|Garbage trucks (with load compactor)||25%|
|Sewer cleaning truck/jet vactor||25%|
|Line truck with digger/derrick or aerial lift||20%|
|Log truck with self loader||20%|
|Sweeper trucks (must be motor vehicle)||20%|
|Boom truck/block boom||15%|
|Bulk feed truck||15%|
|Hot asphalt distribution truck||15%|
|Pneumatic tank truck||15%|
|Salt spreader on dump truck||15%|
|Service truck with jack hammer/drill||15%|
|Truck with PTO hydraulic winch||15%|
|Car carrier with hydraulic winch||10%|
|Carpet cleaning van||10%|
(4) What if my fuel consumption is greater than the percentages indicated above? If ((
a claimant)) you can
provide satisfactory documentation and records to show that
the fuel consumed by the (( power take-off)) PTO is greater
than the percentages indicated, the department may grant the
higher percentage on a case-by-case basis.
(5) What documents must accompany the refund claims? All
claims must be accompanied by valid purchase invoices to cover
the total gallons of gasoline purchased, except that invoices
for gasoline used in fuel oil delivery trucks or when measured
by a metering device need only be equal to or greater than the
gallons claimed as refundable. A support schedule for
power take-off)) PTO and power pumping credits
(( shall)) must accompany each claim for refund.
(6) What records do I need to keep? All individual vehicle mileage and fuel records that reflect total mileage, total fuel, Washington taxable mileage, and Washington taxable fuel by vehicle.
[Statutory Authority: RCW 82.36.435. 01-22-072, § 308-72-905, filed 11/1/01, effective 12/2/01.]
[Statutory Authority: RCW 82.36.435. 01-22-072, § 308-72-910, filed 11/1/01, effective 12/2/01.]
(2) Can I claim a refund for motor vehicle fuel used in my unlicensed recreational off road vehicles, all terrain vehicles and snowmobiles? No, any recreational use of off road vehicles, all terrain vehicles and snowmobiles, although considered a nonhighway use of fuel, shall not be claimed for refund of the motor vehicle fuel tax paid.
(3))) Can I claim a refund for motor vehicle fuel used in
my unlicensed off road vehicles, all terrain vehicles and
snowmobiles? Yes, only if the motor vehicle fuel is used for
nonrecreational purposes such as farming, logging, and
construction. Off-road vehicles, all terrain vehicles and
snowmobiles are defined in RCW 46.09.020, 46.10.010 (3) and
[Statutory Authority: RCW 82.36.435. 01-22-072, § 308-72-915, filed 11/1/01, effective 12/2/01.]
(2) How is use tax computed? ((
The claimant may)) You
can choose to:
• Calculate the use tax amount using the actual use tax
())s(( ))) and actual cost per gallon; or
• Have the department ((
will)) calculate the use tax
amount using an average use tax rate and (( average)) price per
Either method chosen ((
by the claimant)) must be used for
each refund claim submitted during (( a)) the calendar year,
unless there has been a change in the department's estimated
average fuel cost during that period. (( If computed by the
department, the department will use an estimate of the
statewide average fuel cost and an estimated use tax rate. The statewide average cost and use tax rate will be reviewed
every six months and adjusted as necessary. If there is any
dispute over the method of calculation, the taxpayer will be
required to use actual cost of the fuel and use tax rate(s).))
[Statutory Authority: RCW 82.36.435. 01-22-072, § 308-72-920, filed 11/1/01, effective 12/2/01.]
• Late or missing fuel tax returns;
• Unpaid or underpaid taxes;
• Incomplete records to support reported fuel usage; or
(2) How will the department ((
determine whether fees,
penalties and/or interest should be mitigated)) make the
decision? The department may review records, account history,
or other information (( in arriving at its decision to
[Statutory Authority: RCW 82.36.435. 01-22-072, § 308-72-925, filed 11/1/01, effective 12/2/01.]
The following sections of the Washington Administrative Code are repealed:
|WAC 308-72-830||Tax exempt sales.|
|WAC 308-72-845||Refund for bad debt loss (other than a motor fuel supplier).|
|WAC 308-72-855||IFTA records.|
|WAC 308-72-885||Interest assessment on refund claims.|
|WAC 308-72-900||Refunds to dealer delivering fuel exclusively for marine use.|