Sec. 15. (a) Before the twenty-second day of each month, the department shall determine and provide a notice of the gasoline use tax rate to be used during the following month and the source of the data used to determine the gasoline use tax rate and the statewide average retail price per gallon of gasoline. The notice shall be published on the department’s Internet web site in a departmental notice.

     (b) In determining the gasoline use tax rate under this section, the department shall use:

Terms Used In Indiana Code 6-2.5-3.5-15

  • federal gasoline tax: means the excise tax imposed on gasoline under Section 4081 of the Internal Revenue Code. See Indiana Code 6-2.5-3.5-3
  • gasoline: has the meaning set forth in Indiana Code 6-2.5-3.5-4
  • Indiana gasoline tax: means the tax imposed under Indiana Code 6-2.5-3.5-5
  • Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
  • use tax rate: means a rate per gallon of gasoline determined by the department under section 15 of this chapter and used to calculate the use tax due on the retail sale of gasoline under section 16 of this chapter, notwithstanding the collection procedures set forth in this chapter. See Indiana Code 6-2.5-3.5-14
(1) the statewide average retail price per gallon of gasoline (based on the retail price per gallon of gasoline from the sixteenth day of the previous month to the fifteenth day of the current month), excluding the Indiana gasoline tax, federal gasoline tax, the Indiana gasoline use tax, and Indiana gross retail tax (if any); multiplied by

(2) seven percent (7%).

To determine the statewide average retail price, the department shall use a data service that updates the most recent retail price of gasoline. The gasoline use tax rate per gallon of gasoline determined by the department under this section shall be rounded to the nearest one-tenth of one cent ($0.001).

     (c) Notwithstanding subsections (a) and (b), the gasoline use tax rate imposed on a transaction that occurs beginning on the first day following the enactment into law of this subsection and continuing through June 30, 2023, is the lesser of:

(1) the monthly gasoline use tax rate per gallon of gasoline as determined by the department under subsections (a) and (b); or

(2) twenty-nine and five-tenths cents ($0.295) per gallon of gasoline.

This subsection expires July 1, 2023.

As added by P.L.227-2013, SEC.1. Amended by P.L.180-2022(ss), SEC.6.

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