ALABAMA DEPARTMENT OF REVENUE
BUSINESS & LICENSE TAX DIVISION
MOTOR FUELS TAX RULE
810-8-1-.22. Exemptions Pertaining to the Additional Excise Tax on Gasoline,
Motor Fuel and Lubricating Oil.
(1) The additional excise tax of four cents (0.04¢) effective
August 1, 1980, does not apply with respect to that gasoline and lubricating
oil which the licensed distributor establishes to the satisfaction of the Department
as being:
- (a) Sold to the United States.
- (b) Used to propel aircraft powered by reciprocating engines.
- (c) Used to propel ships, vessels, barges, railroad locomotives,
and other railroad equipment.
- (d) Sold for agricultural purposes. The additional excise tax
applies for gasoline and lubricating oil used in motor vehicles travelling
the highways of this state although engaged exclusively in agricultural purposes,
or only incidentally operated upon a highway in moving between farms or parts
of farms contiguous or in close proximity.
- (e) Sold to governing bodies of counties and incorporated municipalities.
- 1. The governing body of a county or incorporated municipality
is that body of the
county or incorporated municipality which performs the legislative function
and has the ultimate power to determine the policies of the county or incorporated
municipality and control the activities of the county or incorporated municipality.
- 2. Governing bodies of counties and incorporated municipalities
exempt from the additional excise tax include county commissions and city
councils or city commissions or town councils.
- 3. Sales claimed by the licensed distributor as being made
to a governing body of a county or incorporated municipality for highway
use must be supported by invoice or other documents specifically billed
to that governing body. It is further required that payments be made directly
by the governing body. Any questionable sales may be substantiated or disallowed
by determining whether payment for the gasoline or lubricating oil is made
from an account controlled solely by the governing body of the county or
incorporated municipality.
- (f) Used in off-road vehicles which presently do not require
state licensing; specifically, but not limited to, forklifts and other like
devices not for use on the streets and highways of this state.
- (g) Sold to city and county boards of education.
- (h) Sold to private and church school systems, the Alabama Institute
for Deaf and Blind, and the Department of Youth Services.
(2) Effective October 1, 1995, the additional excise tax of four
cents ($0.04) does not apply to the following sales of motor fuel by licensed
distributors:
- (a) Motor fuel sold to the United States,
- (b) Motor fuel used to propel aircraft powered by jet or turbine
engines,
- (c) Motor fuel sold to governing bodies of counties and incorporated
municipalities,
- (d) Motor fuel sold to city and county boards of education,
- (e) Motor fuel sold to the Alabama Institute for Deaf and Blind,
the Department of
Youth Services school district, and to private and church school systems,
- (f) Motor fuel sold as kerosene for lighting or heating purposes,
- (g) Motor fuel that is sold from one Alabama licensed distributor
to another Alabama licensed distributor,
- (h) Motor fuel which is exported by a licensed distributor, and
- (i) Motor fuel that is used for off-road agricultural purposes
on the farm. (Only if dyed motor fuel is unavailable.)
(Sections 40-17-220, 40-2-11, 40-17-18, 40-17-221(a), 40-17-221(b), and 40-17-221(c),
Code of Alabama 1975) History: Adopted August 21, 1986. Amended December
14, 1987. Amendment filed with LRS January 19, 1996. Certification filed with
LRS April 26, 1996, effective May 31, 1996.
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