Current through September 24, 2024
(1) A claim for
refund submitted by persons using fuel for truck refrigeration, cement mixing
and unloaders shall be supported by evidence of either purchase or withdrawal
from storage, or both of them, as hereinafter provided:
(a) In the case of fuel dispensed by a retail
service station into either the separate tank of a refrigeration unit, cement
mixer or the tank of a motor vehicle with a power take-off unit, the claim for
refund shall be supported by the original copy of the credit card or cash sales
ticket of the dispensing retail service station.
(b) In the case of fuel withdrawn from bulk
storage of the user, the claim for refund shall be supported by a daily
withdrawal summary of tax paid fuel removed from bulk purchase storage. Such
summary shall list each individual withdrawal, the unit identification number,
the number of gallons withdrawn, and the beginning and ending inventory amounts
of fuel for each semi-annual period. In addition, all bulk purchases shall be
listed on the reverse site of each copy of the claim; and there shall be shown
thereon the date of purchase, name of vendor, invoice number and the number of
gallons of each bulk purchase from which the fuel used is taken. A holder of
permit required to operate an interstate freight motor vehicle under T.C.A.
§67-3403 shall not be allowed a percentage refund on any amount greater
than the net liability shown to be due the State of Tennessee on his quarterly
highway-user fuel tax return.
(c)
In lieu of furnishing a daily withdrawal summary of tax paid fuel as stated in
subparagraph (b) of this paragraph, a claimant for refund may substitute a
monthly consumption reading taken from the totallizers of a multiple key
controlled pump which is located on the premises of the permittee. The multiple
key controlled pump method shall be used only with a motor vehicle exhibiting a
power takeoff unit Only one key shall be assigned to each using unit. A
permittee using a multiple key controlled pump for his using units in removing
tax paid fuel shall furnish to the department in writing and prior to placing
the pump in operation, a complete list of keys by number and the assigned using
unit for each key. A schedule shall be provided with the claim listing the
using unit, corresponding key reference, and the total fuel withdrawn by month
from the key pump and placed in the using unit. A key unit assignment shall not
be altered unless prior written notice is given to the department. All other
information requirements stated in subparagraph (b) of this paragraph shall
also be applicable to a permittee using this operating methodology.
(2) A refund is authorized for
fuel used for the generation of power which is:
(a) provided either by an auxiliary engine
attached to a self-propelled motor vehicle or by a power take-off auxiliary
unit operating from a self-propelled vehicle's motor for the purpose of
operating a concrete miser, or a pneumatic, boom, or pump unloader,
or
(b) provided exclusively by an
auxiliary engine for the purpose of operating a refrigeration unit or cement
mixer.
(3) If a refund
permit holder is also qualified to operate an interstate freight motor vehicle
under T.C.A. Section 67-3403 and files a quarterly highway user fuel tax
return, the original copy of the evidence of purchase from a retail service
station shall be:
(a) filed with a claim for
refund if the permittee is a holder of a refund permit designated with an
"A.M." prefix. or
(b) filed with
the quarterly highway user fuel tax return if the permittee is a holder of a
refund permit designated otherwise.
(4) There shall be no refund allowed under
this rule of the special tax imposed under T.C.A. Section 67-3801 et
seq.
Authority: T.C.A. §67-101.