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138.250 Refiners' and importers' reports -- Deduction for evaporation,
shrinkage and unaccountable losses -- Measurement of terminal storage
tanks.
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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withdrawn from storage and received and the number of gallons withdrawn at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Fahrenheit withdrawn from refinery storage and shipped to points within this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.
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stored, the number of gallons at sixty (60) degrees Fahrenheit withdrawn from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withdrawn from storage and shipped to points outside of this state, and the
number of gallons at sixty (60) degrees Fahrenheit withdrawn from storage and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.
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
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withdrawn from storage and received for taxable purposes.
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.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 85, sec. 359, effective June 20, 2005. -Amended 1988 Ky. Acts ch. 285, sec. 6, effective August 1, 1988. -- Amended
1972 Ky. Acts ch. 61, sec. 3. -- Amended 1956 (2d Extra. Sess.) Ky. Acts ch. 8,
sec. 2, effective March 27, 1956. -- Amended 1952 Ky. Acts ch. 193, sec. 2. -Amended 1950 Ky. Acts ch. 24, sec. 1. -- Recodified 1942 Ky. Acts ch. 208,
sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4281g-5.
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