Section 35.01.05.135 - QUALIFIED CONSUMERSSection 63-2427A, Idaho Code
01.Point of Taxation and Receipt Defined. The state of Idaho imposes an excise tax on all motor fuel, except dyed diesel, and the transfer fee on all petroleum and petroleum products received in Idaho. See Rule 510 of these rules for the definition of petroleum and petroleum products. Motor fuel imported into Idaho is received at the time the fuel arrives in Idaho by the person who is the owner of the motor fuel when the fuel arrives in Idaho. Motor fuel produced in Idaho is received when it is placed into any tank or other container from which sales or deliveries not involving transportation are made. Motor fuels are also received by a qualified consumer who produces motor fuels when the motor fuels are placed into storage tanks. For example: fifty-five (55) gallon barrels, above ground tanks, stilt tanks, underground tanks, tank wagons, old delivery trucks, old tanker trucks, slip tanks in pickups, and any other storage tank used to store the motor fuel. The excise tax and transfer fee due on the motor fuel received in Idaho during a month are normally reported on a monthly Idaho Motor Fuels Distributor Report.02.Alternative to Monthly Reporting for Qualified Consumers. As an alternative to obtaining an Idaho motor fuel distributor license and filing monthly reports, a qualified consumer may file an annual report to remit the motor fuel tax and transfer fee due to the state of Idaho or to receive a refund of excess tax or transfer fee paid.a. A qualified consumer is not required to pay the transfer fee on the biodiesel they produce.03.Qualifications. To be a qualified consumer under this rule, a person must:a. Use the produced biodiesel or imported motor fuel only in its own aircraft, motor vehicles, or equipment; andb. Import into Idaho one-hundred thousand (100,000) gallons or less of motor fuel in a calendar year; orc. Produce in Idaho five thousand (5,000) gallons or less of biodiesel in a calendar year.04.Documentation of Export. To claim an export of motor fuel or other petroleum products a qualified consumer must have tax reports or other evidence that will verify that the exported fuel was reported to and any tax due was paid to the jurisdiction into which the fuel was claimed to have been exported.05.Limitations. a. A qualified consumer may not claim an export from Idaho for fuel in the supply tank of a motor vehicle or aircraft.b. A licensed Idaho fuel distributor may not file this report.Idaho Admin. Code r. 35.01.05.135