Haw. Code R. § 18-243-4-01 - Refund of fuel taxes in excess of 1 cent per gallon for certain liquid fuels used for operating agricultural equipment in areas other than upon the public highways of the State

Current through October, 2021

(a) Definitions.

For purposes of section 18-243-4-01:

"Agricultural equipment" means any vehicle or mechanical apparatus powered by its own motor or engine using liquid fuel and (1) used in carrying on a trade or business in the State involving agriculture, (2) used in connection with cultivating soil; raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, fur-bearing animals and wildlife; handling, drying, packing, grading, or storing any agricultural or horticultural commodity in its unmanufactured state; planting, cultivating, caring for, or cutting of trees or in connection with the preparation (other than milling) of trees for market; but only if such operations are incidental to the farming operations; operating, managing, conserving, improving, or maintaining a farm and its tools and equipment.

"Liquid fuel" means liquids usable in internal combustion engines for the generation of power and refers to paragraphs (3) through (6) of section 243-4(a), HRS; provided however that for purposes of section 18-243-4-01 the term shall not include:

(1) Diesel oil
(2) Gasoline or other aviation fuel used for airplanes, and
(3) Liquefied petroleum gas, benzol, benzene, toluol or xylos.

"Non-highway or off the highway use" means use of liquid fuel for operating agricultural equipment in areas other than upon the public highways of the State.

"Public highways" means the same as the term is defined in section 264-1, HRS.

(b) Amount of refund; exceptions.
(1) Rates. The amount of state and county fuel taxes subject to refund shall be determined by multiplying the number of gallons of liquid fuel used by the tax rates as provided under:
(A) paragraphs (3) through (6) of section 243-4(a), HRS, in excess of 1 cent per gallon and
(B) section 243-5, HRS, respectively.
(2) Any interest accruing on a claim for refund shall be made as provided under sections 231-23(c)(1) and 231-23(d)(1) and (2), HRS.
(3) Exceptions. Fuel taxes paid on liquid fuel used for highway purposes or on non-agricultural equipment and liquid fuel exempt from tax as provided under sections 243-7 and 243-4(d), HRS, shall not be subject to refund.
(c) Filing of claim; when and how.
(1) The ultimate user of the liquid fuel may obtain a refund by filing a claim quarterly or annually with the Tax Collector in the ultimate user's taxation district.
(2) A claim may be filed quarterly if the amount of refund is in excess of $1,000 within any calendar quarter. Where the amount of refund within a calendar quarter is not in excess of $1,000 but the cumulative amounts for two or more calendar quarters exceed $1,000, a claim for refund covering such calendar quarters may be filed. Any claim not exceeding $1,000 quarterly or cumulative quarterly shall be filed on a calendar year basis regardless of the basis used for record-keeping purposes or for filing other tax returns.

Example: "A" Corporation is a calendar year taxpayer. It computed the following amounts of allowable liquid fuel taxes paid at the end of each quarter:

January 1 through March 31 $2,500
April 1 through June 30 500
July 1 through September 30 600
October 1 through December 1 1,500

"A" Corporation may elect to file quarterly claims for the quarters ending March 31 and December 31. It may not file quarterly claims for the quarter ending June 30 and September 30 since the amounts within those quarters were less than $1,000. However, the refund for such quarters may be combined and the cumulative amount of $1,100 ($500+$600) may be claimed for the quarter ending September 30.

(d) Allocation of use. Liquid fuel used on agricultural equipment operated both off and on the highways of the State may be allocated on actual gallons used, percentage of total gallons used or other basis acceptable by the director. Such allocation must be based, however, upon operating experiences and supported by taxpayer's records.
(e) Information to be furnished on claim. An itemized list showing the various agricultural equipment utilized and the corresponding number of gallons of liquid fuel used on such agricultural equipment need not be submitted with the claim. Generally, a claim for refund shall be supported by the furnishing of the following information:
(1) Total gallons on hand at beginning of period.
(2) Total number of gallons of liquid fuel purchased during the period.
(3) Total number of gallons of liquid fuel used on non-agricultural equipment or for highway purposes.
(4) Total number of gallons of liquid fuel used on agricultural equipment for non-highway purposes.
(5) Total number of gallons of liquid fuel on hand at end of the period.
(6) Name of the county in which the liquid fuel was used. (Separate claim to be filed for each county).
(7) Name of the seller or sellers.

If, however, separate records are maintained for liquid fuel used on each agricultural equipment, information on items in paragraphs (1), (2), (3) and (5) of the foregoing need not be furnished.

(f) Records. Taxpayers are expected to keep at their principal place of business in the state such records as will enable the director to verify the accuracy of the refund claimed. The records must show separately the number of gallons of liquid fuel used for the purpose that will qualify for refund.

Notes

Haw. Code R. § 18-243-4-01
[Eff 2/16/82; am and ren 8/12/02] (Auth: HRS §§ 231-3(9), 243-4, 243-16) (Imp: HRS § 243-4)
The amended version of this section by Hawaii Administrative Rules Listing of Filings, 2021-01, August, eff. 8/21/2021 is not yet available.

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