SENATE BILL 386

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Stuart Ingle

AN ACT

RELATING TO TAXATION; PREVENTING DOUBLE TAXATION OF GASOLINE OR SPECIAL FUEL WHEN A RACK OPERATOR MUST TAKE PRODUCT FROM NON-PIPELINE OR REFINERY SOURCES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 7-13-11 NMSA 1978 (being Laws 1971, Chapter 207, Section 10, as amended) is amended to read:

     "7-13-11. CLAIM FOR REFUND OR CREDIT OF GASOLINE TAX PAID--ON GASOLINE DESTROYED BY FIRE, ACCIDENT OR ACTS OF GOD BEFORE RETAIL SALE--ON GASOLINE PREVIOUSLY RECEIVED FROM A SOURCE OTHER THAN A REFINER OR PIPELINE TERMINAL.--

          A. Upon the submission of proof satisfactory to the department, the department shall allow a claim for refund or credit as provided in Sections 7-1-26 and 7-1-29 NMSA 1978 for tax paid on gasoline destroyed by fire, accident or acts of God while in the possession of a distributor, wholesaler or retailer.

          B. Upon the submission of proof satisfactory to the department, a rack operator may submit, and the department may allow a claim, for refund of a New Mexico tax paid on gasoline previously received in New Mexico from a source other than a refiner or pipeline terminal in this state and placed in a terminal from which it will be loaded into tank cars, tank trucks, tank wagons or other types of transportation equipment.

          C. No person may submit claims for refund pursuant to the provisions of this section more frequently than quarterly. No claim for refund may be submitted or allowed on less than one hundred gallons.

          D. The department may prescribe the documents necessary to support a claim for refund pursuant to the provisions of this section."

     SECTION 2. Section 7-16A-13 NMSA 1978 (being Laws 1992, Chapter 51, Section 13) is amended to read:

     "7-16A-13. CLAIM FOR REFUND OR CREDIT OF SPECIAL FUEL EXCISE TAX PAID--ON SPECIAL FUEL DESTROYED BY FIRE, ACCIDENT OR ACTS OF GOD BEFORE RETAIL SALE--ON SPECIAL FUEL PREVIOUSLY RECEIVED FROM A SOURCE OTHER THAN A REFINER OR PIPELINE TERMINAL.--

          A. Upon the submission of proof satisfactory to the department, the department shall allow a claim for refund or credit of any special fuel excise tax or special fuel inventory tax paid on special fuel destroyed by fire, accident or acts of God while in the possession of a supplier, bulk storage user or dealer.

          B. Upon the submission of proof satisfactory to the department, a rack operator may submit, and the department may allow a claim, for refund of a New Mexico tax paid on special fuel previously received in New Mexico from a source other than a refiner or pipeline terminal in this state and placed in a terminal from which it will be loaded into tank cars, tank trucks, tank wagons or other types of transportation equipment.

          C. No person may submit claims for refund pursuant to the provisions of this section more frequently than quarterly. No claim for refund may be submitted or allowed on less than one hundred gallons.

          D. The department may prescribe the documents necessary to support a claim for refund pursuant to the provisions of this section."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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