Current through Register Vol. 39, No. 11, December 2, 2024
Section 12B .0402 - CLAIM FOR REFUND FOR SALES TO EXEMPT ENTITIES(a) A claim for refund for motor fuel purchased by or sold to an exempt entity listed in G.S. 105-449.88 shall be filed with the Department on Form GAS-1206, Motor Fuel Claim for Refund Exempt Entities. A person who submits Form GAS-1206 shall identify the type of exempt entity for which the refund is sought and shall complete the applicable Part of the form as follows: (1) A distributor or other vendor that sells North Carolina tax-paid motor fuel to an exempt entity at a price that does not include the per gallon excise tax shall use Part 1 of Form GAS-1206 and report the following:(A) the total gallons of motor fuel sold to the exempt entity;(B) the total gallons on which tare allowance was received;(C) the net gallons subject to refund; and(D) the total refund due.(2) A credit card company that issues a credit card to an exempt entity allowing the entity to purchase North Carolina tax-paid motor fuel that does not include the per gallon excise tax shall use Part 2 of Form GAS-1206 and report the following: (A) the total gallons of motor fuel purchased by the exempt entity; and(B) the total refund due.(3) An exempt entity that purchases motor fuel in North Carolina at a price that includes the per gallon excise tax shall use Part 3 of Form GAS-1206 and report the following:(A) the total gallons of motor fuel purchased; and(B) the total refund due.(b) Sales or purchase receipts or invoices for North Carolina tax-paid motor fuel purchased by or sold to an exempt entity shall be maintained to support a claim for refund for a period of at least three years.(c) A separate Form GAS-1206 shall be used for each type of exempt entity for which a refund is requested.(d) A refund on motor fuel purchased by or sold to an exempt entity shall only be claimed by one party to the transaction.17 N.C. Admin. Code 12B .0402
Authority G.S. 105-262; 105-449.105; 105-449.108;
Temporary Adoption Eff. January 1, 1996;
Eff. March 1, 1996;
Recodified from 17 NCAC 09K .0502 Eff. November 1, 2002;
Amended Eff. August 1, 2003;
Readopted Eff. November 1, 2017.Authority G.S. 105-262; 105-449.105;
Temporary Adoption Eff. January 1, 1996;
Eff. March 1, 1996;
Recodified from 17 NCAC 09K .0502 Eff. November 1, 2002;
Amended Eff. August 1, 2003.Readopted by North Carolina Register Volume 32, Issue 11, December 1, 2017 effective 11/1/2017.