Current through Register Vol. 49, No. 18, September 16, 2024
(1) When used in
administrative rules 7 CSR 10-25.070 through 7 CSR 10-25.073, the following
words and phrases have the meaning set forth here in this rule:
(A) "Agreement" means the International Fuel
Tax Agreement (IFTA), which is incorporated herein by reference and made a part
of this rule as published by the International Fuel Tax Association, Inc., PO
Box 7147, Mesa, AZ 85216-7147, revised January 1, 2022. This rule does not
incorporate any subsequent amendments or additions to this manual;
(B) "Bulk fuel storage" means a bulk fuel
storage facility is being used to redistribute tax paid fuel into qualified
vehicles as needed. Credit may be claimed on the tax paid purchase, on the IFTA
return under "tax-paid gallons", as it is placed into the tanks of qualified
vehicles provided the licensee maintains the date of withdrawal, number of
gallons or liters withdrawn, fuel type, unit number of the vehicle into which
the fuel was placed, and purchase invoices and inventory records showing that
tax was paid on the bulk fuel purchases;
(C) "Cash bond" means a guaranteed payment to
cover any outstanding tax liability;
(D) "Commission" means the Missouri Highways
and Transportation Commission created in Article I V, Section 29 of the
Missouri Constitution;
(E) "Director" means the director of the
Motor Carrier Services Division of the Missouri Department of Transportation
who is the official designated by the commission to be responsible for
administration of the Agreement;
(F) "Fuel trip permit miles" means miles
accumulated while operating on a temporary fuel permit. Fuel trip permit miles
are not taxable miles in any member jurisdiction. Fuel trip permit miles are
included as total miles traveled on the quarterly tax return but are not
included as taxable miles for the jurisdiction that issued the permit;
(G) "Idle time" means fuel used
when the engine is running but not propelling the vehicle;
(H) "IFTA" means the International Fuel Tax
Agreement;
(I) "Nontaxable fuel" is
tax-paid fuel used to power a vehicle on roads other than the state's public
highways (off-highway use); fuel used to operate devices mounted on the vehicle
and powered by a power take-off (PTO) attached to the vehicle's transmission or
used to power a refrigeration unit, generator, or any similar equipment wherein
fuel is not used to power the tractor. Nontaxable fuel uses do not affect IFTA
reporting. The IFTA quarterly tax return must include all gallons used by the
licensee's qualified motor vehicles during the reporting period. Missouri
allows refunds of fuel use tax on fuel used for purposes other than operating
on the state's public highway system. To recover fuel tax paid on fuel used in
other non-taxable ways, a licensee must file a claim for motor fuel tax refund
with the Missouri Department of Revenue;
(J) "Nontaxable miles" are miles traveled
while using a fuel trip permit. Fuel trip permit miles are not taxable miles in
any member jurisdiction. Fuel trip permit miles are included as "total miles"
on the quarterly tax return but are not included as "taxable miles" for the
jurisdiction that issued the permit. Toll miles are taxable miles. Toll fees
are not fuel taxes;
(K) "Off
highway/road miles" are miles not driven on a public highway. These miles are
taxable on the IFTA quarterly tax form in the total miles and taxable miles
section. A licensee's IFTA quarterly tax return must include all miles traveled
by qualified motor vehicles during the reporting period. Missouri allows
refunds of motor fuel taxes paid on fuel used for purposes other than operating
on the state's public highway system. Licensees can claim a motor fuel tax
refund with the Missouri Department of Revenue;
(L) "Power of attorney" means a written
statement legally authorizing a person to act on behalf of the applicant or
licensee; and
(M) "Power Take Off
(PTO) Equipment" means any accessory that is mounted onto, or an integral part
of, the transmission of a motor vehicle that is registered for highway purposes
and the equipment is powered by the main engine that also propels the
vehicle.
(2) These
definitions are supplemental to the definitions in the IFTA and shall be
construed as consistent with the Agreement. In the event of a conflict between
these definitions and the Agreement, the Agreement shall
control.
*Original authority: 142.617, RSMo 1988, amended 1998;
226.130, RSMo 1939, amended 1993, 1995; 226.008, RSMo 1988, amended 1993, 2002;
and 301.275, RSMo 1958.