Section 43.40.015. Exemption from collection of tax.

   (a) A dealer who has a reasonable belief at the time of sale or transfer that fuel that is sold or transferred is not to be used as motor fuel need not collect the motor fuel tax. However, as to fuel for which the tax was not collected and for which a certificate of use was not obtained, if the department determines that the fuel was put to a use that is taxable under this chapter, the dealer is liable for the tax and subject to a civil penalty under AS 43.05.220(a) whether or not the dealer's belief that the fuel sold or transferred would not be used as motor fuel was reasonable.
   (b) Except for sale or transfer of fuel under (d) of this section, if the motor fuel tax is not collected, the dealer shall obtain a certificate of use from the buyer or transferee at the time of the first sale or transfer of the fuel stating that the fuel that has been or will be purchased or received is not intended for use as motor fuel.  The form of the certificate of use shall be prescribed by the department by regulation.  The department may not collect the motor fuel tax from a dealer for fuel for which a certificate of use has been properly obtained under this subsection.
   (c) A certificate of use obtained under this section must be renewed annually for exemptions listed under AS 43.40.100(2).
   (d) A certificate of use is not required under this section
        (1) for fuel exempted under AS 43.40.100(2)(C) or (J); and
        (2) for fuel exempted under AS 43.40.100(2)(I) other than fuel sold or transferred under this exemption to a person who is engaged in construction or mining activity.

Authorities

43.40.035

Notes

Recent Bills that will modify this

HB 158 REFINED FUEL SURCHARGE;MOTOR FUEL TAX
HB 249 ELECTRONIC TAX RETURNS & MOTOR FUEL TAX
SB 86 REFINED FUEL SURCHARGE; MOTOR FUEL TAX
SB 132 ELECTRONIC TAX RETURNS & MOTOR FUEL TAX

Implemented As

15 AAC 40.330

References

15 AAC 40.330
15 AAC 40.500
AS 43.40.035 Other refunds and credits.

History

(Sec. 1 ch 182 SLA 1990; am Sec. 6 ch 88 SLA 1997; am Sec. 7, 8 ch 37 SLA 2015)