KRS § 138.446 — KY Code / Title XI / Chapter 138 / Section 138.446
138.446 Refund to bus companies, taxicab companies, and senior citizen programs -- Bond -- Application -- Audit
Status: in_force

138.446 Refund to bus companies, taxicab companies, and senior citizen programs

-- Bond -- Application -- Audit.

(1) Bus companies and taxicab companies operating under a certificate issued pursuant

to KRS Chapter 281 and senior citizen programs which utilize Title III funds of the

Older Americans Act in the provision of transportation services shall be entitled to a

refund of seven-ninths (7/9) of the amount of KRS Chapter 138 taxes paid on motor

fuels used in their regularly scheduled operations in Kentucky.

(2) No person shall be entitled to a refund pursuant to this section unless he shall have

first filed with the department a bond issued by a surety company authorized to do

business in Kentucky in an amount of not less than one thousand dollars ($1,000)

nor more than five thousand dollars ($5,000) to be determined by the department,

conditioned upon faithful compliance with this section and upon the payment to the

Commonwealth of any refunds to which he was not entitled.

(3) Applications for refund shall be filed with the department on a calendar quarter or

calendar year basis on forms and in the manner prescribed by it for refund of tax

paid on motor fuel used by buses or taxicabs. Each application for a refund shall

show the number of gallons of motor fuel purchased during the quarter for use in

buses or taxicabs; the date and quantity of each purchase; the vendor from whom

the fuel was purchased; the number of gallons on which refund is claimed; and

other information the department may require. Invoices shall be attached to

applications from taxicab companies.

(4) The department may require any gasoline dealer or any dealer's authorized agent to

identify gasoline sold by him for taxicab use by adding any chemical or substance,

which shall be furnished by the department and used in the manner as prescribed by

the department. The department also may require that the dealer keep a complete

record of all the gasoline sold by him, which records shall give the date of each sale,

the number of gallons sold, the name of the person to whom sold, and the sale price.

(5) The department shall audit the application and make any other investigation it

deems necessary to determine whether it constitutes a proper claim. When the

department is satisfied that a refund is proper, it shall authorize seven-ninths (7/9)

of the amount of the tax paid to be refunded as other refunds are made and the

amount refunded shall be deducted from current motor fuel tax receipts. The tax

shall be refunded with interest at the tax interest rate as defined in KRS 131.010(6).

(6) When the department finds that an application for a refund contains a false or

fraudulent statement or that a refund has been fraudulently obtained, the department

shall refuse to grant any refunds to the person making the false or fraudulent

statement or fraudulently obtaining a refund for a period of two (2) years from the

date of the findings.

(7) The department may prescribe, promulgate and enforce administrative regulations

relating to the administration and enforcement of this section.

(8) The refund provided for in this section shall be effective on motor fuel purchased on

or after July 1, 1978.