PERMANENT RULES
Date of Adoption: October 30, 2001.
Purpose: To meet the criteria set forth in Governor Locke's Executive Order 97-02 by clarifying rules to help make them more comprehensible.
Citation of Existing Rules Affected by this Order: Repealing 26 [WAC 308-72-500 - 308-72-710].
Statutory Authority for Adoption: RCW 82.36.435.
Adopted under notice filed as WSR 01-17-011 on August 2, 2001.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 25, Amended 0, Repealed 26.
Number of Sections Adopted Using Negotiated Rule Making:
New 25,
Amended 0,
Repealed 26;
Pilot Rule Making:
New 0,
Amended 0,
Repealed 0;
or Other Alternative Rule Making:
New 0,
Amended 0,
Repealed 0.
Effective Date of Rule:
Thirty-one days after filing.
October 19, 2001
Fred Stephens
Director
OTS-5034.1
NEW SECTION
WAC 308-72-800
Definitions.
(1) "Gasoline" means finished
gasoline and gasoline blendstocks as defined in Code of Federal
Regulations (CFR) 48.481-1 (e)(3). Finished gasoline means all
products (including gasohol) that are commonly or commercially
known or sold as gasoline and are suitable for use as motor fuel.
The product must have an octane rating of 75 or more.
(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 commonly or commercially sold as gasoline as defined in CFR 48.481-1 (e)(3). 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 be considered a motor vehicle fuel subject to the provisions of chapter 82.36 RCW.
(4) "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 transfer-terminal system.
(5) "Invoice" means any document, paper or electronic, evidencing the transfer of ownership of motor vehicle fuel.
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(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.)
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(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
(b) Certificate(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
(c) Certificate(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? Yes, the certificate and/or the assignment forms shall contain the provision that interest earned will be payable to the depositor. Assignments may only be canceled upon written authorization of the department.
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(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 of the change in license status.
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(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.
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(2) What if the delivery is onto a federally recognized Indian reservation or onto Indian country? 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.
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(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(s) used in the determination of the quantity of fuel lost;
(b) A signed statement by a federal, state, local or provincial official who has authority to investigate and/or deal with fuel losses; or witness to the loss;
(c) A bill of lading or other shipping document(s);
(d) A statement by the licensee establishing ownership of the fuel at time of loss.
(3) 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.
(4) How long shall I retain my evidence substantiating my loss? Documentary evidence substantiating losses shall be retained by the licensee for five years.
(5) May I claim a deduction for unproved losses? 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.
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(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.
(2) What action will the department take 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 following ways:
(a) Posting notification of the suspension on the department's website;
(b) Transmission of the notification via electronic mail or facsimile; and
(c) Mailing of the notification via U.S. mail.
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(a) Are a licensed motor vehicle fuel importer, motor vehicle fuel blender, or motor vehicle fuel distributor; and
(b) Paid tax on an account found to be a worthless accounts receivable; and
(c) Charged off the amount as a bad debt on your federal income tax return; and
(d) Filed the claim within five years of the date of sale.
(2) What documentation must be submitted to the department to claim a refund on a bad debt that has been charged off? The following must be submitted:
(a) The portion of the federal income tax return and a supporting schedule that lists the bad debt as being charged off; and
(b) Invoices supporting fuel sales being claimed as bad debt; and
(c) Name and address of the purchaser; and
(d) Motor vehicle fuel tax return; or
(e) Refund claim form.
(3) Can a tax refund be claimed for expenses related to the collection of a bad debt? No, a tax refund cannot be claimed for expenses incurred in collecting a bad debt.
(4) If motor vehicle fuel tax previously declared as worthless accounts receivable is collected, how is it remitted to the department?
(a) A motor vehicle fuel importer or motor vehicle fuel blender that collects any motor vehicle fuel tax previously taken as a tax refund on a worthless accounts receivable must remit the motor vehicle fuel tax with the tax return for the reporting period the motor vehicle fuel tax was collected in.
(b) A motor vehicle fuel distributor must remit the motor vehicle fuel tax collected, with a form provided by the department, no later than the last state business day of the month following the month of collection.
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(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 together with invoices, bills of lading, transfer documents, yield reports and other documents relative to the acquisition of fuel.
(4) A record of fuel disbursements together with invoices, bills of lading and other documents relative to the disbursements of fuel.
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(2) What information must appear on each invoice? Each invoice must include the following information:
(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 year);
(d) The location of the point of shipment. Alphanumeric codes are allowed if the definitions of the alphanumeric codes 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 definitions of the alphanumeric codes are provided to the department;
(f) Name of carrier transporting fuel;
(g) Name of product sold;
(h) The number of U.S. gallons of product sold (must indicate net or gross gallons);
(i) The price per gallon and total amount charged;
(j) A statement on the invoice indicating whether 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 destroyed? If an invoice is lost or destroyed the seller shall issue a duplicate or copy containing all information that appeared on the original invoice, if requested by the purchaser. The copies shall 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.
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(2) 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 of purchase. 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.
(3) Do I need to send in my invoices with the refund claim request? If your refund claim request is one hundred dollars or less, you do not have to send your 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.
(4) How shall 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.
(5) As a licensed distributor do I need to send in supporting summary schedules and invoices with my refund claim request? Yes. Summary schedules must be provided by the distributor. Invoices may be requested by the department.
(6) Who may 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 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 a letter of assignment is attached, signed by the person to whom the invoice was issued, designating the payee.
(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.
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(2) What information must be included on the invoice? Each invoice must contain the following information:
(a) Name and address of the seller;
(b) Kind or type of fuel and number of gallons purchased;
(c) Complete date of sale (month, day and year);
(d) Price per gallon; and
(e) Total amount of sale.
(3) Will the department 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? 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."
(5) What happens if I issued an incorrect invoice to the purchaser? Sellers of fuel shall issue a corrected invoice to the purchaser. 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.
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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.
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(a) Motor vehicle fuel must be delivered directly into the fuel tanks connected to the engine of any marine vessel owned or operated by the purchaser;
(b) The purchaser must be a holder of a valid motor vehicle fuel tax refund claim number at the time of sale.
(2) What documentation is needed to apply for a refund for a marine dealer? The purchaser must provide the dealer with a refund claim number at the time of purchase and the refund claim shall be supported by:
(a) Invoices covering fuel deliveries into the dealer's storage facilities.
(b) Invoices covering tax exempt sales of motor vehicle fuel. These invoices shall, in addition to the applicable invoice requirements of WAC 308-72-630, contain:
(i) A Washington registration number or an official registration number from another jurisdiction;
(ii) The applicable sales tax;
(iii) A statement on the invoice indicating the fuel has been sold without the Washington state fuel tax.
(c) A marine exemption certificate issued by the department, completed by the marine dealer and signed by the purchaser assigning refund rights to the distributor.
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(2) What is not considered auxiliary equipment? Equipment that is considered an integral part of the operation of the vehicle, such as air conditioning, power steering, generator, etc.
(3) What formula does the department use in determining power take-off usage for fuel and heating oil pumping?
(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 documentation.
(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 at the rate specified as a percentage of the total Washington taxable fuel used by the vehicles:
| Cement mixer | 25% |
| Fire trucks (private) | 25% |
| Mobile cranes | 25% |
| Garbage trucks (with load compactor) | 25% |
| Sewer cleaning truck/jet vactor | 25% |
| Super suckers | 25% |
| Line truck with digger/derrick or aerial lift | 20% |
| Log truck with self loader | 20% |
| Refrigeration trucks | 20% |
| Sweeper trucks (must be motor vehicle) | 20% |
| Boom truck/block boom | 15% |
| Bulk feed truck | 15% |
| Dump trailers | 15% |
| Dump trucks | 15% |
| Hot asphalt distribution truck | 15% |
| Leaf truck | 15% |
| Lime spreader | 15% |
| Pneumatic tank truck | 15% |
| Salt spreader on dump truck | 15% |
| Seeder truck | 15% |
| Semiwrecker | 15% |
| Service truck with jack hammer/drill | 15% |
| Snow plow | 15% |
| Spray truck | 15% |
| Tank transport | 15% |
| Tank trucks | 15% |
| Truck with PTO hydraulic winch | 15% |
| Wrecker | 15% |
| Car carrier with hydraulic winch | 10% |
| Carpet cleaning van | 10% |
| Others | 7.5% |
(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 Washington power take-off and power pumping credits shall accompany each claim for refund.
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(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, 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 (2) respectively.
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(2) How is use tax computed? The claimant may calculate the use tax amount using the actual use tax rate(s) and actual cost per gallon or the department will calculate the use tax amount using an average use tax rate and average price per gallon. Either method chosen by the claimant must be used for each refund claim submitted during a 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).
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(2) How will the department determine whether fees, penalties and/or interest should be mitigated? The department may review records, account history or other information in arriving at its decision to mitigate.
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(2) What happens after the department receives the petition for an informal hearing? Upon receipt of a petition for an informal hearing, the department will establish the time and place for the hearing and notify you by mail at least ten days prior to the scheduled date. If you are unable to attend the hearing on the date or time scheduled, you may request the department to reschedule the hearing.
(3) What happens if I fail to appear for my informal hearing without prior notification? Failure to appear may result in the loss of your informal administrative appeal rights.
(4) What happens following my informal hearing? The department will make determination in accordance with the Revised Code of Washington, administrative rules, and policies established by the department.
(5) What if I do not agree with the department's informal hearing determination? You may, within thirty days after the date of mailing of the determination, appeal in writing and request a formal hearing by an administrative law judge. The appeal shall indicate the portions of the determination you feel are in error and set forth the reasons for believing the decision should be amended. The department will establish a time and place for a formal hearing and give you at least ten days' notice.
(6) When does my reassessment become final? The decision of the department upon a petition for reassessment shall become final, due and payable thirty days after service upon you unless you appeal further.
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The following sections of the Washington Administrative Code are repealed:
| WAC 308-72-500 | Motor vehicle fuel. |
| WAC 308-72-501 | Exports. |
| WAC 308-72-503 | Motor vehicle fuel supplier. |
| WAC 308-72-505 | Electronic fund transfers. |
| WAC 308-72-509 | Bonding requirements. |
| WAC 308-72-512 | Cancellation of license. |
| WAC 308-72-540 | Tax exempt transactions. |
| WAC 308-72-542 | Tax exempt sales to qualified personnel of foreign governments. |
| WAC 308-72-550 | Tax exempt losses. |
| WAC 308-72-555 | Delinquent account notification process. |
| WAC 308-72-557 | Refund for bad debt loss (other than a motor fuel supplier). |
| WAC 308-72-560 | Records. |
| WAC 308-72-570 | Invoices. |
| WAC 308-72-610 | Refund claim number. |
| WAC 308-72-615 | Interest assessment on refund claims. |
| WAC 308-72-620 | Filing of claim. |
| WAC 308-72-630 | Invoice requirements, seller responsibility. |
| WAC 308-72-640 | Records. |
| WAC 308-72-650 | Refunds to dealer delivering fuel exclusively for marine use. |
| WAC 308-72-660 | Power take-off use. |
| WAC 308-72-665 | On board computers or recording devices. |
| WAC 308-72-670 | Auxiliary engines. |
| WAC 308-72-680 | Gasoline lost or destroyed. |
| WAC 308-72-690 | Special rules and requirements for fuel tax refunds. |
| WAC 308-72-700 | Use tax. |
| WAC 308-72-710 | Mitigation of penalties and interest. |