Kentucky Statutes 138.351 – Refund invoices, form, executor — Application for grant of refund — Right to refund not assignable — Interest on refunds
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(1) When gasoline or special fuel is sold to a person who shall claim to be entitled to refund under KRS § 138.344, the licensed dealer or his duly authorized agent who sells the gasoline or special fuel shall make out in duplicate a gasoline or special fuel refund invoice supplied or approved in writing by the department, which invoice shall have printed thereon that the liability to the Commonwealth of Kentucky for the excise tax imposed under KRS § 138.220 with respect to the gasoline or special fuel has been assumed by the seller and that the excise tax has already been paid or will be paid by the seller when the same shall become payable, a statement setting forth the name and address of the purchaser, the number of gallons of gasoline or special fuel so sold, the proposed use for which the gasoline or special fuel is purchased, and other information as the department shall require. The original gasoline or special fuel refund invoice shall be given to the purchaser, and the duplicate shall be retained by the seller.
(2) The refund permit holder shall file with the department an application for refund on forms furnished by the department, stating the quantity of gasoline and special fuel used for the purposes as set out in KRS § 138.344. The application shall be accompanied by the original invoice, or certified copy thereof, showing the purchase, and, if required by the department, evidence of payment therefor. When the department is satisfied that a refund is proper, it shall authorize the tax paid to be refunded as other refunds are made; and the amount refunded shall be deducted from gasoline or special fuel tax receipts as appropriate.
(3) The right to receive any refund under the provisions of this section shall not be assignable, except to the executor or administrator, or to the receiver, trustee in bankruptcy, or assignee in insolvency proceedings of the person entitled thereto.
(4) Interest on refunds authorized under the provisions of this section shall be paid at the tax interest rate, as defined in KRS § 131.010(6), and shall begin to accrue sixty (60) days after the postmark date of the application for refund.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 85, sec. 376, effective June 20, 2005. — Amended
1992 Ky. Acts ch. 98, sec. 2, effective July 14, 1992. — Amended 1990 Ky. Acts ch.
98, sec. 11, effective July 13, 1990. — Amended 1988 Ky. Acts ch. 285, sec. 23, effective August 1, 1988. — Created 1946 Ky. Acts ch. 10, sec. 8.
(2) The refund permit holder shall file with the department an application for refund on forms furnished by the department, stating the quantity of gasoline and special fuel used for the purposes as set out in KRS § 138.344. The application shall be accompanied by the original invoice, or certified copy thereof, showing the purchase, and, if required by the department, evidence of payment therefor. When the department is satisfied that a refund is proper, it shall authorize the tax paid to be refunded as other refunds are made; and the amount refunded shall be deducted from gasoline or special fuel tax receipts as appropriate.
Terms Used In Kentucky Statutes 138.351
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Executor: A male person named in a will to carry out the decedent
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- Trustee: A person or institution holding and administering property in trust.
(3) The right to receive any refund under the provisions of this section shall not be assignable, except to the executor or administrator, or to the receiver, trustee in bankruptcy, or assignee in insolvency proceedings of the person entitled thereto.
(4) Interest on refunds authorized under the provisions of this section shall be paid at the tax interest rate, as defined in KRS § 131.010(6), and shall begin to accrue sixty (60) days after the postmark date of the application for refund.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 85, sec. 376, effective June 20, 2005. — Amended
1992 Ky. Acts ch. 98, sec. 2, effective July 14, 1992. — Amended 1990 Ky. Acts ch.
98, sec. 11, effective July 13, 1990. — Amended 1988 Ky. Acts ch. 285, sec. 23, effective August 1, 1988. — Created 1946 Ky. Acts ch. 10, sec. 8.