Reports; reporting period; metered pump sales; remitted tax
amount; deduction of prepayment amounts
Sec. 5. (a) Each retail merchant who dispenses gasoline or special
fuel from a metered pump shall, in the manner prescribed in
IC 6-2.5-6, report to the department the following information:
(1) The total number of gallons of gasoline sold from a metered
pump during the period covered by the report.
(2) The total amount of money received from the sale of
gasoline described in subdivision (1) during the period covered
by the report.
(3) That portion of the amount described in subdivision (2)
which represents state and federal taxes imposed under this
article, IC 6-6-1.1, or Section 4081 of the Internal Revenue
Code.
(4) The total number of gallons of special fuel sold from a
metered pump during the period covered by the report.
(5) The total amount of money received from the sale of special
fuel during the period covered by the report.
(6) That portion of the amount described in subdivision (5) that
represents state and federal taxes imposed under this article,
IC 6-6-2.5, or Section 4041 of the Internal Revenue Code.
(b) Concurrently with filing the report, the retail merchant shall
remit the state gross retail tax in an amount which equals five and
sixty-six hundredths percent (5.66%) of the gross receipts, including
state gross retail taxes but excluding Indiana and federal gasoline and
special fuel taxes, received by the retail merchant from the sale of the
gasoline and special fuel that is covered by the report and on which
the retail merchant was required to collect state gross retail tax. The
retail merchant shall remit that amount regardless of the amount of
state gross retail tax which he has actually collected under this
chapter. However, the retail merchant is entitled to deduct and retain
the amounts prescribed in subsection (c), IC 6-2.5-6-10, and
IC 6-2.5-6-11.
(c) A retail merchant is entitled to deduct from the amount of state
gross retail tax required to be remitted under subsection (b) an
amount equal to:
(1) the sum of the prepayment amounts made during the period
covered by the retail merchant's report; minus
(2) the sum of prepayment amounts collected by the retail
merchant, in the merchant's capacity as a qualified distributor,
during the period covered by the retail merchant's report.
For purposes of this section, a prepayment of the gross retail tax is
presumed to occur on the date on which it is invoiced.
As added by Acts 1980, P.L.52, SEC.1. Amended by Acts 1980,
P.L.10, SEC.2; P.L.2-1982(ss), SEC.6; P.L.81-1983, SEC.6;
P.L.80-1983, SEC.3; P.L.11-1984, SEC.3; P.L.94-1987, SEC.2;
P.L.277-1993(ss), SEC.42; P.L.192-2002(ss), SEC.64.
Last modified: May 28, 2006