45 IAC 12-8-7 - Refund for tax paid on gasoline purchased or used for operating implements of agriculture

Authority: IC 6-8.1-3-3

Affected: IC 6-6-1.1-903; IC 9-13-2-77

Sec. 7.

(a) A person is entitled to a gasoline tax refund for the operation of implements of agriculture, as defined in IC 9-13-2-77, if:
(1) the person is the purchaser of the gasoline and has paid the gasoline tax thereon; and
(2) the implements of agriculture are operated by or for the purchaser for commercial use.
(b) For purposes of this section, "implements of agriculture" means any of the following:
(1) A paint spray outfit.
(2) Livestock dipping equipment and seed cleaning and treating equipment, when mounted and transported upon a trailer using the public highways.
(3) A grain and bean separator.
(4) A combine.
(5) A corn picker.
(6) An ensilage cutter.
(7) A corn sheller.
(8) A corn shredder.
(9) A hay raker.
(10) A manure spreader.
(11) A portable saw mill.
(12) Well drilling machinery.
(13) Seeding, cultivating, and harvesting machinery.
(14) Self-propelled equipment, specially adapted, to be capable of both over-the-road and off-road usage when the equipment is used for the transportation and application of plant food materials or agricultural chemicals, or both.
(c) If equipment is attached to self-propelled equipment in a manner that allows for the subsequent removal of the attachments, that equipment shall not be deemed implements of agriculture.

Notes

45 IAC 12-8-7
Department of State Revenue; Reg 6-6-1.1-9033.1(010); filed Sep 19, 1983, 2:23 pm: 6 IR 2327 Filed 12/12/2023, 2:27 p.m.: 20240110-IR-045230448FRA

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