59-13-202. Refund of tax for agricultural uses on individual income and corporate franchise and income tax returns — Application for permit for refund — Division of Finance to pay claims — Rules permitted to enforce part — Penalties — Revenue and Taxation Interim Committee study.
| (1) |
As used in this section:
Terms Used In Utah Code 59-13-202- Commission: means the State Tax Commission. See Utah Code 59-13-102
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- Motor fuel: means fuel that is commonly or commercially known or sold as gasoline or gasohol and is used for any purpose, but does not include aviation fuel. See Utah Code 59-13-102
- Person: means :Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
| (a) |
| (i) |
Except at provided in Subsection (1)(a)(ii), “claimant” means a resident or nonresident person. |
| (ii) |
“Claimant” does not include an estate or trust. |
|
| (b) |
“Estate” means a nonresident estate or a resident estate. |
| (c) |
“Refundable tax credit” or “tax credit” means a tax credit that a claimant, estate, or trust may claim:
| (i) |
as provided by statute; and |
| (ii) |
regardless of whether, for the taxable year for which the claimant, estate, or trust claims the tax credit, the claimant, estate, or trust has a tax liability under:
|
|
| (d) |
“Trust” means a nonresident trust or a resident trust. |
|
| (2) |
Any claimant, estate, or trust that purchases and uses any motor fuel within the state for the purpose of operating or propelling stationary farm engines and self-propelled farm machinery used for nonhighway agricultural uses, and that has paid the tax on the motor fuel as provided by this part, is entitled to a refund of the tax subject to the conditions and limitations provided under this part. |
| (3) |
| (a) |
A claimant, estate, or trust desiring a nonhighway agricultural use refund under this part shall claim the refund as a refundable tax credit on the tax return the claimant, estate, or trust files under:
|
| (b) |
A claimant, estate, or trust not subject to filing a tax return described in Subsection (3)(a) shall obtain a permit and file claims on a calendar year basis. |
| (c) |
Any claimant, estate, or trust claiming a refundable tax credit under this section is required to furnish any or all of the information outlined in this section upon request of the commission. |
| (d) |
A refundable tax credit under this section is allowed only on purchases on which tax is paid during the taxable year covered by the tax return. |
|
| (4) |
In order to obtain a permit for a refund of motor fuel tax paid, an application shall be filed containing:
| (a) |
the name of the claimant, estate, or trust; |
| (b) |
the claimant’s, estate’s, or trust’s address; |
| (c) |
location and number of acres owned and operated, location and number of acres rented and operated, the latter of which shall be verified by a signed statement from the legal owner; |
| (d) |
number of acres planted to each crop, type of soil, and whether irrigated or dry; and |
| (e) |
make, size, and type of fuel used and power rating of each piece of equipment using fuel. If the claimant, estate, or trust is an operator of self-propelled or tractor-pulled farm machinery with which the claimant, estate, or trust works for hire doing custom jobs for other farmers, the application shall include information the commission requires and shall all be contained in, and be considered part of, the original application. The claimant, estate, or trust shall also file with the application a certificate from the county assessor showing each piece of equipment using fuel. This original application and all information contained in it constitutes a permanent file with the commission in the name of the claimant, estate, or trust. |
|
| (5) |
A claimant, estate, or trust claiming the right to a refund of motor fuel tax paid shall file a claim with the commission by April 15 of each year for the refund for the previous calendar year. The claim shall state the name and address of the claimant, estate, or trust, the number of gallons of motor fuel purchased for nonhighway agricultural uses, and the amount paid for the motor fuel. The claimant, estate, or trust shall retain the original invoice to support the claim. No more than one claim for a tax refund may be filed annually by each user of motor fuel purchased for nonhighway agricultural uses. |
| (6) |
Upon commission approval of the claim for a refund, the Division of Finance shall pay the amount found due to the claimant, estate, or trust. The total amount of claims for refunds shall be paid from motor fuel taxes. |
| (7) |
The commission may refuse to accept as evidence of purchase or payment any instruments that show alteration or that fail to indicate the quantity of the purchase, the price of the motor fuel, a statement that the motor fuel is purchased for purposes other than transportation, and the date of purchase and delivery. If the commission is not satisfied with the evidence submitted in connection with the claim, the commission may reject the claim or require additional evidence. |
| (8) |
A claimant, estate, or trust aggrieved by the decision of the commission with respect to a refundable tax credit or refund may file a request for agency action, requesting a hearing before the commission. |
| (9) |
A claimant, estate, or trust that makes any false claim, report, or statement, as claimant, estate, trust, agent, or creditor, with intent to defraud or secure a refund to which the claimant, estate, or trust is not entitled, is subject to the criminal penalties provided under Section 59-1-401, and the commission shall initiate the filing of a complaint for alleged violations of this part. In addition to these penalties, the claimant, estate, or trust may not receive any refund as a claimant, estate, or trust or as a creditor of a claimant, estate, or trust for refund for a period of five years. |
| (10) |
| (a) |
In accordance with any rules prescribed by the commission under Subsection (10)(b), the Division of Finance shall transfer at least annually from the Transportation Fund into the Income Tax Fund an amount equal to the amount of the refund claimed under this section. |
| (b) |
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may make rules providing procedures for:
| (i) |
making a refund to a claimant, estate, or trust as required by Subsection (3)(a)(i); |
| (ii) |
making a transfer from the Transportation Fund into the Income Tax Fund as required by Subsection (10)(a); or |
| (iii) |
enforcing this part. |
|
|
| (11) |
| (a) |
On or before November 30, 2017, and every three years after 2017, the Revenue and Taxation Interim Committee shall review the tax credit provided by this section and make recommendations concerning whether the tax credit should be continued, modified, or repealed. |
| (b) |
In conducting the review required by Subsection (11)(a), the Revenue and Taxation Interim Committee shall:
| (i) |
schedule time on at least one committee agenda to conduct the review; |
| (ii) |
invite state agencies, individuals, and organizations concerned with the credit under review to provide testimony; |
| (iii) |
ensure that the recommendations described in this section include an evaluation of:
| (A) |
the cost of the tax credit to the state; |
| (B) |
the purpose and effectiveness of the tax credit; and |
| (C) |
the extent to which the state benefits from the tax credit; and |
|
| (iv) |
undertake other review efforts as determined by the chairs of the Revenue and Taxation Interim Committee. |
|
|
Amended by Chapter 456, 2022 General Session
