Costs of collection, reporting, and remittance; retention of portion
of remittance; amount; failure to report or remit on time
Sec. 37. (a) Every supplier and permissive supplier who properly
remits tax under this chapter shall be allowed to retain one and
six-tenths percent (1.6%) of the tax to cover the costs of collecting,
reporting, and timely remitting the tax imposed by this chapter.
(b) The amount that the supplier is permitted to retain under
subsection (a) shall be distributed by the supplier as follows:
(1) One-third (1/3) retained by the supplier.
(2) Two-thirds (2/3) to the wholesale distributor. If the special
fuel is resold by that wholesale distributor or another wholesale
distributor to an eligible purchaser, the last wholesale
distributor in the distribution process shall pass on one-half
(1/2) of the two-thirds (2/3) to the eligible purchaser.
(3) If an eligible purchaser is the direct purchaser from a
supplier, and that retail dealer or bulk end user is responsible
for shipping the product, then the supplier shall pass through
two-thirds (2/3) to the retail dealer or bulk end user. If the
supplier is responsible for shipping the product, the supplier
shall retain two-thirds (2/3) and pass through one-third (1/3) to
the eligible purchaser.
(c) If a monthly report is filed or the amount due is remitted later
than the time required by this chapter, the supplier shall pay to the
department all of the special fuel tax the dealer collected from the
sale of special fuel during the reporting period.
As added by P.L.277-1993(ss), SEC.44. Amended by P.L.18-1994,
SEC.28.
Last modified: May 28, 2006