SABERS, Justice
(on reassignment).
Department of Revenue (Department) appeals a circuit court decision that National owed no sales tax on gasoline reimbursements and personal accident insurance (PAI) receipts.
Facts
Page J. Townley, d/b/a National Car Rental (National), owns and operates a na[399]*399tional car rental franchise with branches in Pierre and Rapid City, South Dakota. National’s books and records from April 1982 through April 1985 were audited by Department. A state and city sales and use tax of $5,537 and interest of $2,348 were assessed for a total of $7,885.
Department determined that National failed to pay sales tax on funds received as reimbursement for the cost of gasoline used by National’s customers during rental periods. Each customer renting an automobile receives it with a full tank of fuel. At the end of the rental period, a customer may choose to refill the tank at a service station of his or her choice, and return the vehicle with a full fuel tank, or elect to return the vehicle with less than a full tank. In the latter event, National charges the customer an amount which approximately covers the cost of refueling. When a car is returned with a full fuel tank, the customer is not charged and Department agrees that no tax is owed.
National also offers PAI to customers. The purchase is optional as rental customers may prefer to rely on their own insurance policies. Old Republic Insurance Company, licensed within South Dakota, underwrites the PAI. National retains 75% of all premiums collected and sends the remaining 25% to Green Valley Agency of Minneapolis (a subsidiary of National) which in turn submits a portion of the 25% received to Old Republic, the company responsible for paying insurance premium tax. National does not charge sales tax on either fuel reimbursement or PAI.
Action
An administrative hearing was held on October 18, 1985. Findings of fact and conclusions of law were entered on January 20, 1986. It was determined that amounts paid to National for refueling rental vehicles and for PAI were includable in gross receipts and therefore subject to tax.
This decision was appealed to the circuit court on February 12, 1986. The circuit court reversed Department’s decision and entered its own findings of fact and conclusions of law. The court determined that (1) National's activities relating to gasoline and insurance sales predominately involve sales of those items as opposed to performance of services; and (2) state statutes exempted such sales from further tax. Department appeals. We reverse.
Scope of Review
This court recently clarified the standard of review in administrative law cases. Permann v. Dept. of Labor, Unemployment Ins. Division, 411 N.W.2d 113 (S.D.1987); see also Matter of Guardianship of Viereck, 411 N.W.2d 102 (S.D.1987) and Lee v. South Dakota Dept. of Health, 411 N.W.2d 108 (S.D.1987). When reviewing questions of fact, we determine whether the agency was clearly erroneous. If the issue under review is one of law, decisions of the agency and the circuit court are fully reviewable. Permann, supra at 116 (quoting Johnson v. Skelly Oil Co., 359 N.W.2d 130, 132 (S.D.1984)).
In this case, the facts are undisputed. Resolution of this dispute depends upon the interpretation and application of statutes. Because this is a question of law, we accord no deference to the conclusions reached by the Department or the circuit court. See Permann, supra at 117.
1. TAX LIABILITY
SDCL 10-45-5 imposes a tax at the rate of 4% upon the gross receipts of any person engaging or continuing in any of the following businesses or services in this state ... (including) rentals of tangible personal property.
Department claims that National is in the business of renting automobiles. When the public goes to National they go to rent a car. They do not go to buy gas or PAI and National does not sell them gas or PAL National rents them a car.
National is in the business of renting cars which are tangible personal property and is, therefore, subject to sales tax measured by gross receipts from that business.
Gross receipts is defined in SDCL 10-45-1(2) as:
[400]*400[T]he amount received in money, credits, property, or other money’s worth in consideration of sales at retail within this state, without any deduction on account of the cost of the property sold, the cost of materials used, the cost of labor or services purchased, amounts paid for interest or discounts, or any other expenses whatsoever[.]
The amounts charged by National in this case are all a part of the business of leasing cars and under the above definition those amounts may not be deducted from gross receipts in determining tax due.
It is apparent from National’s own contract that amounts received for fuel cost reimbursement and PAI were considered part of gross receipts from car rentals. Section 4(a)(i) of the contract sets out “Rental Charges.” Included within rental charges by National are “... refueling and other services.”
In Keystone Consolidated Industries, Inc. v. Allphin, 45 Ill.App.3d 714, 4 Ill.Dec. 250, 359 N.E.2d 1202 (1977), the court considered a definition of “selling price” almost identical to South Dakota’s definition of gross receipts. The court held that the meaning of the statute was clear. “No reimbursement of any of the seller’s expenses whatsoever may be deducted from the selling price in computing use tax liability.” Id. 359 N.E.2d at 1205.
The courts have reached a similar result in many cases
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SABERS, Justice
(on reassignment).
Department of Revenue (Department) appeals a circuit court decision that National owed no sales tax on gasoline reimbursements and personal accident insurance (PAI) receipts.
Facts
Page J. Townley, d/b/a National Car Rental (National), owns and operates a na[399]*399tional car rental franchise with branches in Pierre and Rapid City, South Dakota. National’s books and records from April 1982 through April 1985 were audited by Department. A state and city sales and use tax of $5,537 and interest of $2,348 were assessed for a total of $7,885.
Department determined that National failed to pay sales tax on funds received as reimbursement for the cost of gasoline used by National’s customers during rental periods. Each customer renting an automobile receives it with a full tank of fuel. At the end of the rental period, a customer may choose to refill the tank at a service station of his or her choice, and return the vehicle with a full fuel tank, or elect to return the vehicle with less than a full tank. In the latter event, National charges the customer an amount which approximately covers the cost of refueling. When a car is returned with a full fuel tank, the customer is not charged and Department agrees that no tax is owed.
National also offers PAI to customers. The purchase is optional as rental customers may prefer to rely on their own insurance policies. Old Republic Insurance Company, licensed within South Dakota, underwrites the PAI. National retains 75% of all premiums collected and sends the remaining 25% to Green Valley Agency of Minneapolis (a subsidiary of National) which in turn submits a portion of the 25% received to Old Republic, the company responsible for paying insurance premium tax. National does not charge sales tax on either fuel reimbursement or PAI.
Action
An administrative hearing was held on October 18, 1985. Findings of fact and conclusions of law were entered on January 20, 1986. It was determined that amounts paid to National for refueling rental vehicles and for PAI were includable in gross receipts and therefore subject to tax.
This decision was appealed to the circuit court on February 12, 1986. The circuit court reversed Department’s decision and entered its own findings of fact and conclusions of law. The court determined that (1) National's activities relating to gasoline and insurance sales predominately involve sales of those items as opposed to performance of services; and (2) state statutes exempted such sales from further tax. Department appeals. We reverse.
Scope of Review
This court recently clarified the standard of review in administrative law cases. Permann v. Dept. of Labor, Unemployment Ins. Division, 411 N.W.2d 113 (S.D.1987); see also Matter of Guardianship of Viereck, 411 N.W.2d 102 (S.D.1987) and Lee v. South Dakota Dept. of Health, 411 N.W.2d 108 (S.D.1987). When reviewing questions of fact, we determine whether the agency was clearly erroneous. If the issue under review is one of law, decisions of the agency and the circuit court are fully reviewable. Permann, supra at 116 (quoting Johnson v. Skelly Oil Co., 359 N.W.2d 130, 132 (S.D.1984)).
In this case, the facts are undisputed. Resolution of this dispute depends upon the interpretation and application of statutes. Because this is a question of law, we accord no deference to the conclusions reached by the Department or the circuit court. See Permann, supra at 117.
1. TAX LIABILITY
SDCL 10-45-5 imposes a tax at the rate of 4% upon the gross receipts of any person engaging or continuing in any of the following businesses or services in this state ... (including) rentals of tangible personal property.
Department claims that National is in the business of renting automobiles. When the public goes to National they go to rent a car. They do not go to buy gas or PAI and National does not sell them gas or PAL National rents them a car.
National is in the business of renting cars which are tangible personal property and is, therefore, subject to sales tax measured by gross receipts from that business.
Gross receipts is defined in SDCL 10-45-1(2) as:
[400]*400[T]he amount received in money, credits, property, or other money’s worth in consideration of sales at retail within this state, without any deduction on account of the cost of the property sold, the cost of materials used, the cost of labor or services purchased, amounts paid for interest or discounts, or any other expenses whatsoever[.]
The amounts charged by National in this case are all a part of the business of leasing cars and under the above definition those amounts may not be deducted from gross receipts in determining tax due.
It is apparent from National’s own contract that amounts received for fuel cost reimbursement and PAI were considered part of gross receipts from car rentals. Section 4(a)(i) of the contract sets out “Rental Charges.” Included within rental charges by National are “... refueling and other services.”
In Keystone Consolidated Industries, Inc. v. Allphin, 45 Ill.App.3d 714, 4 Ill.Dec. 250, 359 N.E.2d 1202 (1977), the court considered a definition of “selling price” almost identical to South Dakota’s definition of gross receipts. The court held that the meaning of the statute was clear. “No reimbursement of any of the seller’s expenses whatsoever may be deducted from the selling price in computing use tax liability.” Id. 359 N.E.2d at 1205.
The courts have reached a similar result in many cases
2. EXEMPTIONS FROM TAX LIABILITY
National claims that it is exempt from sales tax on fuel cost reimbursement under SDCL 10-45-11 and for PAI under either SDCL 10-45-12.1 or SDCL 10-44-8. Under Northwestern Public Service Co. v. Aberdeen Housing and Redevelopment Comm’n, 320 N.W.2d 515 (S.D.1982), and K Mart Corp., Inc. v. South Dakota Dept. of Revenue, 345 N.W.2d 55 (S.D.1984), tax exemption statutes are construed strictly against the person claiming exemption. Exemptions are a matter of legislative grace and doubts are resolved in favor of taxation. In many of the cases, the taxpayer claims to be in a separate business such as the sale of transportation, PAI, or the sale of gasoline. These taxpayers could legally have engaged in their businesses and avoided tax because those types of businesses were exempt. However, the courts refused to allow these taxpayers to split off small, nontaxable portions of the business. If you are engaged in a taxable [401]*401business, all of your receipts from that business are subject to tax. See cases cited in footnote. If the courts do not allow taxpayers to split off legitimate, related business activity, surely this taxpayer should not be allowed to split off pieces of business which National is not legally licensed to operate. National may not legally sell fuel or insurance because National is not licensed to do either.
It is apparent that the legislature intended to exempt from sales tax only those receipts upon which insurance premium tax is paid. Because tax exemptions are strictly construed against the person claiming exemption, National has the burden of proving that insurance premium tax was paid on amounts received for PAI. There is no such proof in this record. The insurance company received 25% or less of the amount received by National for PAI. National retained 75%. If the insurance company paid any tax on these receipts at all the tax was paid only on the 25% or less that the insurance company received.
National cannot claim exemption for sales of gasoline or PAI, because National does not fit within any exemption. National does not sell gas, it rents cars. Because National is not an insurance agent or an insurance company which pays the insurance premium tax, it may not claim that exemption either. One who claims exemption from taxation must show that his exemption is clearly within the letter and spirit of the law. 3A Sutherland, Statutory Construction, § 66.09 (rev. ed. 1986) at 328. National has failed to establish that its claimed exemptions are clearly within the letter and spirit of the law. Id.
In conclusion, National is in the car rental business and subject to tax on all receipts from those rentals, regardless of how those receipts are categorized by National in its own business records. In summary, gross includes everything without deduction.
Reversed and remanded.
WUEST, C.J., and MORGAN and MILLER, JJ., concur.
HENDERSON, J„ dissents.
Belvedere Sand & Gravel Co. v. Heath, 259 Ark. 767, 536 S.W.2d 312 (1976). National’s claims are similar to the claims made by the taxpayer in Belvedere, which included costs for independent haulers hired by the taxpayer and separately billed to the customer by the taxpayer as gross receipts. Harold W. Fuchs Agency, Inc. v. Wisconsin Dept. of Revenue, 91 Wis.2d 283, 282 N.W.2d 625 (1979); Rich’s, Inc. v. Blackmon, 133 Ga.App. 665, 211 S.E.2d 916 (1975); East Brewton Materials, Inc. v. State Dept. of Revenue, 45 Ala.App. 584, 233 So.2d 751 (1970); Select Base Materials, Inc. v. Board of Equalization, 51 Cal.2d 640, 335 P.2d 672 (1959); Meyer v. State Board of Equalization, 42 Cal.2d 376, 267 P.2d 257 (1954).