DAR File No. 32035

Tax Commission, Auditing

R865-4D-2

Clean Special Fuel Certificate, Refund Procedures for Undyed Diesel Fuel Used Off-Highway or to Operate a Power Take-Off Unit, and Sales Tax Liability Pursuant to Utah Code Ann. Sections 59-13-301 and 59-13-304

NOTICE OF PROPOSED RULE

DAR File No.: 32035
Filed: 10/13/2008, 02:15
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The amendment is required due to statutory changes caused by H.B. 206 (2008). (DAR NOTE: H.B. 206 (2008) is found at Chapter 384, Laws of Utah 2008, and will be effective 01/01/2009.)

Summary of the rule or change:

The proposed amendment deletes all references to the clean special fuel certificate, since that certificate is no longer required by statute.

State statutory or constitutional authorization for this rule:

Sections 59-13-301 and 59-13-304

Anticipated cost or savings to:

the state budget:

None--Any fiscal impact was considered in H.B. 206 (2008).

local governments:

None--Any fiscal impact was considered in H.B. 206 (2008).

small businesses and persons other than businesses:

None--Any fiscal impact was considered in H.B. 206 (2008).

Compliance costs for affected persons:

None--A user of clean special fuel is no longer required to purchase a clean special fuel certificate.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no anticipated fiscal impacts as any impact should have been considered with H.B. 206 (2008). D'Arcy Dixon, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Tax Commission
Auditing
210 N 1950 W
SALT LAKE CITY UT 84134

Direct questions regarding this rule to:

Cheryl Lee at the above address, by phone at 801-297-3900, by FAX at 801-297-3919, or by Internet E-mail at clee@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/01/2008

This rule may become effective on:

01/01/2009

Authorized by:

D'Arcy Dixon, Commissioner

R865. Tax Commission, Auditing.

R865-4D. Special Fuel Tax.

R865-4D-2. [Clean Special Fuel Certificate, ]Refund Procedures for Undyed Diesel Fuel Used Off-Highway or to Operate a Power Take-Off Unit, and Sales Tax Liability Pursuant to Utah Code Ann. Sections 59-13-301 and 59-13-304.

[A. If the vehicle is registered in Utah, the fee for a clean special fuel certificate under Section 59-13-304 is due at the time the vehicle is placed in operation and annually thereafter on the date the vehicle's registration is renewed. Certificates may be obtained from any Tax Commission office or any local motor vehicle office. If a vehicle is not registered in Utah, the fee is due on the date the vehicle begins operation in Utah. The fee paid for a vehicle placed in operation may be pro-rated on a monthly basis if the certificate obtained for the vehicle is valid for a period of less than 12 months. Fees paid will not be refunded if a vehicle is sold or otherwise disposed of prior to the expiration date of the certificate.

B.](1) Fuel used in a vehicle off-highway is calculated by taking off-highway miles divided by the average number of miles per gallon. Any other method of calculating undyed diesel fuel used off-highway must be supported by on-board computer information or other information that shows the number of gallons used off-highway with accuracy equal or comparable to on-board computers.

[C.](2) Where a power take-off unit is driven by the main engine of the vehicle and used to operate auxiliary equipment, a quantity, as enumerated below, of the total undyed diesel fuel delivered into the service tank of the vehicle shall be deemed to be used to operate the power take-off unit. The allowances for power take-off units are as follows:

[1.](a) concrete mixer trucks - 20 percent;

[2.](b) garbage trucks with trash compactor - 20 percent;

[3.](c) vehicles with powered pumps, conveyors or other loading or unloading devices may be individually negotiated but shall not exceed:

[a)](i) 3/4 gallon per 1000 gallons pumped; or

[b)](ii) 3/4 gallon per 6000 pounds of commodities, such as coal, grain, and potatoes, loaded or unloaded.

[4.](d) Any other method of calculating the amount of undyed diesel fuel used to operate a power take-off unit must be supported by documentation and records, including on-board computer printouts or other logs showing daily power take-off activity, that establish the actual amount of power take-off activity and fuel consumption.

[D.](3) Allowances provided for in [B. and C. above] Subsections (1) and (2) will be recognized only if adequate records are maintained to support the amount claimed.

[E.](4) In the case of users filing form TC-922, Fuel Tax Return For International Fuel Tax Agreement (IFTA) And Special Fuel User Tax, or form TC-922C, Refund of Tax Paid on Exempt Fuel for Non-Utah Based Carriers, the allowance provided for in [C.]Subsection (2) will be refunded to the extent total gallons allocated to Utah through IFTA exceed the actual taxable gallons used in Utah, except that in no case will refunds be allowed for power take-off use that does not occur in Utah.

[F.](5) Undyed diesel fuel used on-highway for the purpose of idling a vehicle does not qualify for a refund on special fuel tax paid since the fuel is used in the operation of a motor vehicle.

[G.](6) Diesel fuel that is purchased exempt from the special fuel tax or for which the special fuel tax has been refunded is subject to sales and use tax, unless specifically exempted under the sales and use tax statutes.

 

KEY: taxation, fuel, special fuel

Date of Enactment or Last Substantive Amendment: [November 17, 2006]2009

Notice of Continuation: February 26, 2007

Authorizing, and Implemented or Interpreted Law: 59-13-301; 59-13-304