KRS § 138.250 — KY Code / Title XI / Chapter 138 / Section 138.250
138.250 Refiners' and importers' reports -- Deduction for evaporation, shrinkage and unaccountable losses -- Measurement of terminal storage tanks
Status: in_force

138.250 Refiners' and importers' reports -- Deduction for evaporation, shrinkage

and unaccountable losses -- Measurement of terminal storage tanks.

(1) Any person who produces, refines, manufactures or compounds gasoline or special

fuel in this state shall, by the twenty-fifth day of each month, file a report with the

Department of Revenue, on forms prescribed by it, covering the next preceding

calendar month, showing the number of gallons of gasoline and special fuels at

sixty (60) degrees Fahrenheit produced, refined, manufactured or compounded, the

number of gallons at sixty (60) degrees Fahrenheit withdrawn from storage and

received and the number of gallons withdrawn at sixty (60) degrees Fahrenheit from

refinery storage and shipped to points outside of this state, and the number of

gallons at sixty (60) degrees Fahrenheit withdrawn from refinery storage and

shipped to points within this state upon which the tax has not been paid. This report

shall give in detail such information as the department may require, regarding each

separate shipment, the date of shipment, the number of gallons at sixty (60) degrees

Fahrenheit in each shipment, the name of owner and license number of truck if

shipped by transport truck, the initial and number of tank car if shipped by rail, the

name and owner of barge if shipped by water, the name and address of person to

whom shipped, the point of shipment, the point of destination and the name of

carrier to whom delivered for transportation to destination.

(2) Any person who imports and stores gasoline or special fuel in any marine or

pipeline terminal storage in this state, shall by the twenty-fifth day of the month, file

a report with the Department of Revenue, on forms prescribed by it, covering the

next preceding calendar month, showing the number of gallons of gasoline and

special fuels at sixty (60) degrees Fahrenheit unexported and stored, the number of

gallons at sixty (60) degrees Fahrenheit withdrawn from storage and received, the

number of gallons at sixty (60) degrees Fahrenheit withdrawn from storage and

shipped to points outside of this state, and the number of gallons at sixty (60)

degrees Fahrenheit withdrawn from storage and shipped to points within this state,

upon which the tax has not been paid. This report shall give in detail such

information as the department may require, regarding each separate shipment, the

date of shipment, the number of gallons at sixty (60) degrees Fahrenheit in each

shipment, the name of owner and license number of truck if shipped by transport

truck, the initial and number of tank car if shipped by rail, the name and owner of

barge if shipped by water, the name and address of person to whom shipped, the

point of shipment and point of destination, and the name of carrier to whom

delivered for transportation to destination.

(3) There shall be allowed a monthly deduction for evaporation, shrinkage or

unaccountable losses while in storage, of that number of gallons equal to the actual

loss of gasoline or special fuel so sustained out of the total number of gallons of

gasoline or special fuel stored in any marine terminal, refinery or pipeline terminal,

except that such deduction may not in any event exceed three-fourths of one percent

of the total number of gallons of gasoline or special fuel stored in any marine

terminal, refinery or pipeline terminal. The remaining gasoline and special fuel

placed in storage must be fully accounted for as in physical inventory, accountable

loss, withdrawn for export or withdrawn from storage and received for taxable

purposes.

(4) The number of gallons of gasoline or special fuel added to marine, pipeline or

refinery storage shall be determined by the department by actual measurement of

terminal storage tanks in the manner it deems necessary.