452A.17  Refunds.

1.  A person who uses motor fuel or undyed special fuel for any of the nontaxable purposes listed in this subsection, and who has paid the motor fuel or special fuel tax either directly to the department or by having the tax added to the price of the fuel, and who has a refund permit, upon presentation to and approval by the department of a claim for refund, shall be reimbursed and repaid the amount of the tax which the claimant has paid on the gallonage so used, except that the amount of a refund payable under this division may be applied by the department against any tax liability outstanding on the books of the department against the claimant.

a.  The refund is allowable for motor fuel or undyed special fuel sold directly to and used for the following:

(1)  The United States or any agency or instrumentality of the United States or where collection of the tax would be prohibited by the Constitution of the United States or the laws of the United States or by the Constitution of the State of Iowa.

(2)  An Iowa urban transit system which is used for a purpose specified in section 452A.57, subsection 6.

(3)  A regional transit system, the state, any of its agencies, or any political subdivision of the state which is used for a purpose specified in section 452A.57, subsection 11, or for public purposes, including fuel sold for the transportation of pupils of approved public and nonpublic schools by a carrier who contracts with the public school under section 285.5.

(4)  Fuel used in unlicensed vehicles, stationary engines, and implements used in agricultural production.

(5)  Fuel used for producing denatured alcohol.

(6)  Fuel used for idle time, power takeoffs, reefer units, pumping credits, and transport diversions, fuel lost through casualty, exports by eligible purchasers, and blending errors for special fuel. The department shall adopt rules setting forth specific requirements relating to refunds for idle time, power takeoffs, reefer units, pumping credits, and transport diversions, fuel lost through casualty, and blending errors for special fuel.

(7)  A bona fide commercial fisher, licensed and operating under an owner's certificate for commercial fishing gear issued pursuant to section 482.4.

(8)  For motor fuel or undyed special fuel placed in motor vehicles and used, other than on a public highway, in the extraction and processing of natural deposits, without regard to whether the motor vehicle was registered under section 321.18. An applicant under this subparagraph shall maintain adequate records for a period of three years beyond the date of the claim.

(9)  Undyed special fuel used in watercraft.

b.  A claim for refund is subject to the following conditions:

(1)  The claim shall be on a form prescribed by the department and be certified by the claimant under penalty for false certificate.

(2)  The claim shall include proof as prescribed by the department showing the purchase of the motor fuel or undyed special fuel on which a refund is claimed.

(3)  An invoice shall not be acceptable in support of a claim for refund unless it is a separate serially numbered invoice covering no more than one purchase of motor fuel or undyed special fuel, prepared by the seller on a form approved by the department which will prevent erasure or alteration and unless it is legibly written with no corrections or erasures and shows the date of sale, the name and address of the seller and of the purchaser, the kind of fuel, the gallonage in figures, the per gallon price of the motor fuel or undyed special fuel, the total purchase price including the Iowa motor fuel or undyed special fuel tax and that the total purchase price including tax has been paid. However, with respect to refund invoices made on a billing machine, the department may waive any of the requirements of this subparagraph.

(4)  The claim shall state the gallonage of motor fuel or undyed special fuel that was used or will be used by the claimant other than in aircraft or to propel motor vehicles, the manner in which the motor fuel or undyed special fuel was used or will be used, and the equipment in which it was used or will be used.

(5)  The claim shall state whether the claimant used fuel for aircraft or to propel motor vehicles from the same tanks or receptacles in which the claimant kept the motor fuel or undyed special fuel on which the refund is claimed.

(6)  If an original invoice is lost or destroyed the department may in its discretion accept a copy identified and certified by the seller as being a true copy of the original.

(7)  Claim shall be made by and the amount of the refund shall be paid to the person who purchased the motor fuel or undyed special fuel as shown in the supporting invoice unless that person designates another person as an agent for purposes of filing and receiving the refund for idle time, power takeoff, reefer units, pumping credits, and transport diversions. A governmental agency may be designated as an agent for another governmental agency for purposes of filing and receiving the refund under this section.

(8)  In order to verify the validity of a claim for refund the department shall have the right to require the claimant to furnish such additional proof of validity as the department may determine and to examine the books and records of the claimant. Failure of a claimant to furnish the claimant's books and records for examination shall constitute a waiver of all rights to refund related to the transaction in question.

2.  In lieu of the refund provided in this section, a person may receive an income tax credit as provided in chapter 422, division IX, but only as to motor fuel or undyed special fuel not used in motor vehicles, aircraft, or watercraft.

3. a.  A claim for refund shall not be allowed unless the claimant has accumulated sixty dollars in credits for one calendar year. A claim for refund may be filed any time the sixty dollar minimum has been met within the calendar year. If the sixty dollar minimum has not been met in the calendar year, the credit shall be claimed on the claimant's income tax return unless the taxpayer is not required to file an income tax return in which case a refund shall be allowed. Once the sixty dollar minimum has been met, the claim for refund must be filed within one year.

b.  A refund shall not be paid with respect to any motor fuel or undyed special fuel taken out of this state in supply tanks of watercraft, aircraft, or motor vehicles.

c.  A refund shall not be paid with respect to motor fuel or special fuel used in the performance of a contract which is paid out of state funds unless the contract for the work contains a certificate made under penalty for false certificate that the estimate, bid, or price to be paid for the work does not include any amount representing motor fuel or special fuel tax subject to refund.

Section History: Early form

  [C27, 31, § 5093-a8; C35, § 5093-f29, -f30, -f36; C39, § 5093.29, 5093.30, 5093.36; C46, 50, 54, § 324.50, 324.52-324.57, 324.64; C58, 62, 66, 71, 73, 75, 77, 79, 81, § 324.17; 82 Acts, ch 1176, § 1]

Section History: Recent form

  86 Acts, ch 1141, § 18; 88 Acts, ch 1205, § 5, 6; 89 Acts, ch 251, § 5

  C93, § 452A.17

  95 Acts, ch 155, §24, 44; 96 Acts, ch 1066, § 8-11, 21; 97 Acts, ch 158, § 42, 43, 53

Internal References

  Referred to in § 422.110, 452A.18, 452A.21, 452A.65, 452A.84

Footnotes

  See §452A.81

  1995 amendments effective January 1, 1996; 95 Acts, ch 155, §44

  1996 amendment is retroactive to January 1, 1996; 96 Acts, ch 1066, §21

  1997 amendments to subsection 1 apply retroactively to July 1, 1996; 97 Acts, ch 158, § 53


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