Chapter 5703-11 Motor Vehicle Fuel Tax

5703-11-01 Surety company certificate of compliance.

All corporate surety companies that write motor vehicle fuel tax bonds for Ohio shall furnish, upon request, a certificate of compliance issued by the department of insurance.

(former TX-31-02); Eff 8-5-48; 9-17-04
Rule promulgated under: RC 5703.14
Rule authorized by: 5703.05
Rule Amplifies: 5703.
R.C. 119.032 review dates: Exempt

5703-11-02 Evidence of purchase of motor vehicle fuel.

(A) Each claim for refund of motor vehicle fuel tax filed pursuant to sections 5735.14 and 5735.142 of the Revised Code, shall be supported by evidence of purchase of such fuel. The evidence of purchase shall be made by the seller of the fuel and shall specify:

(1) The name and address of the seller;

(2) The name of the purchaser;

(3) The date of purchase;

(4) The type of fuel; and

(5) The number of gallons of fuel purchased, and, if applicable, the water content of the fuel.

The original of the evidence of purchase shall be given to the purchaser and a copy retained by the seller for a period of one year.

(B) Purchase may be evidenced by an invoice, credit card purchase receipt, cash purchase receipt, or any other document that meets the requirements of paragraph (A) of this rule.

(C) If the evidence of purchase submitted with the claim does not contain all of the information required by paragraph (A) of this rule or is otherwise deficient, the tax commissioner may require that the claimant supplement such evidence or may deny that portion of the claim that is not supported by sufficient evidence.

Eff 11-19-84; 9-17-04
Rule promulgated under: RC 5703.14
Rule authorized by: RC 5703.05
Rule amplifies: RC 5735.14 , 5735.142 , 5735.15
R.C. 119.032 review dates: Exempt

5703-11-03 Reimbursement for fuel used outside Ohio.

(A) A user of motor vehicle fuel upon which the Ohio tax has been paid may make application for a reimbursement of the tax for such motor vehicle fuel used by the user in another state on which a tax is paid for such usage. The application shall be made on a refund form prescribed by the tax commissioner.

(B) The refund application must be received by the tax commissioner the time prescribed by Chapter 5735 of the Revised Code. It shall be accompanied by evidence of purchase in accordance with rule 5703-11-02 of the Administrative Code and by evidence of compliance by the claimant with the motor vehicle fuel tax laws of the state in which the fuel was used.

Evidence of compliance shall consist of:

(1) A copy of the claimant's fuel tax report to such other state, with a copy of the canceled check which paid such tax;

(2) A copy of the fuel report certified as to its correctness by the state official with whom it was filed; or

(3) A certification by the state official having jurisdiction over fuel taxes to the effect that the claimant is in compliance with that state's fuel tax laws for the period for which the application is made.

(C) No application for refund of tax on less than one hundred gallons of fuel shall be filed and, if filed, shall not be processed. No reimbursement shall be allowed for motor vehicle fuel used in a state that does not impose an excise tax on such use.

(D) Any application or portion of an application not supported by evidence of purchase and compliance as required by paragraph (B) of this rule shall be denied.

Eff 3-22-85; 9-17-04
Rule promulgated under: RC 5703.14
Rule authorized by: RC 5703.05
Rule amplifies: RC 5735.14
R.C. 119.032 review dates: Exempt