§ 6-6-4.1-4.8 — Claim for proportional use credit

Indiana § 6-6-4.1-4.8

• Jurisdiction: Indiana
• Art. 6: MOTOR FUEL AND VEHICLE EXCISE TAXES
• Ch. 4.1: Motor Carrier Fuel Tax

Text

8. (a) This section applies only to a claim for
a proportional use credit under section 4(d) of this chapter or section
4.5(e) of this chapter (before its repeal) for taxes first due and payable
after July 31, 1999.
(b) In order to obtain a proportional use credit against taxes imposed
under section 4 of this chapter or section 4.5 of this chapter (before its
repeal) a carrier must file a claim with the department. The claim must
be submitted on a form prescribed by the department and must be filed
with the quarterly return for the taxable period for which the
proportional use credit is claimed. A carrier is not entitled to a
proportional use credit under section 4(d) of this chapter or section
4.5(e) of this chapter (before its repeal) unless the carrier:
(1) has paid in full the taxes to which the credit applies, except for
an alternative fuel; and
(2) has filed a claim for the credit on or before the due date of the
corresponding quarterly return for the taxable period for which
the proportional use credit is claimed.
A credit approved under this section shall, subject to this section, be
refunded to the carrier without interest.
(c) The department shall determine the aggregate amount of
proportional use credits claimed under section 4(d) of this chapter or
section 4.5(e) of this chapter (before its repeal) for each quarter. The
department may approve the full amount of a proportional use credit
claimed by a carrier if the aggregate amount of proportional use credits
claimed for the quarter and for the fiscal year do not exceed the limits
set forth in subsection (d). If the aggregate amount of proportional use
credits claimed in a quarter exceeds the limits set forth in subsection
(d), the department shall pay the claims for that quarter on a pro rata
basis.
(d) The department may not approve more than three million five
hundred thousand dollars ($3,500,000) of proportional use credits
under this section in a state fiscal year. In addition, the amount of
proportional use credits the department may approve under this section
for a quarter may not exceed the following:
(1) For the quarter ending September 30 of a year, an amount
equal to one million three hundred seventy-five thousand dollars
($1,375,000).
(2) For the quarter ending December 31 of a year, an amount
equal to:
(A) six hundred twenty-five thousand dollars ($625,000); plus
(B) the greater of zero (0) or the result of:
(i) the limit determined for the previous quarter under this
subsection; minus
(ii) the aggregate amount of claims approved for the previous
quarter.
(3) For the quarter ending March 31 of a year, an amount equal
to:
(A) six hundred twenty-five thousand dollars ($625,000); plus
(B) the greater of zero (0) or the result of:
(i) the limit determined for the previous quarter under this
subsection; minus
(ii) the aggregate amount of claims approved for the previous
quarter.
(4) For the quarter ending June 30 of a year, an amount equal to:
(A) eight hundred seventy-five thousand dollars ($875,000);
plus
(B) the greater of zero (0) or the result of:
(i) the limit determined for the previous quarter under this
subsection; minus
(ii) the aggregate amount of claims approved for the previous
quarter.
(e) A carrier that is exempt from the quarterly reporting
requirements under section 10 of this chapter must continue to file a
quarterly return under this section to obtain a proportional use credit.

Legislative History

As added by P.L.222-1999, SEC.6. Amended by P.L.176-2006, SEC.5; P.L.218-2017, SEC.50; P.L.185-2018, SEC.11; P.L.211-2023, SEC.5.