2013 Kentucky Revised Statutes CHAPTER 138 - EXCISE TAXES 138.341 Refund of tax on fuel used in aircraft -- Bond -- Assignment of right to receive refund.
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138.341 Refund of tax on fuel used in aircraft -- Bond -- Assignment of right
to receive refund.
(1)
(2)
(3)
When gasoline or special fuel on which the tax has been paid pursuant to the
provisions of KRS 138.210 to 138.340 has been used for the purpose of
operating any aircraft engaged in the transportation of persons or property, the
purchaser of the liquid fuel so used shall be reimbursed for the tax paid. No tax
shall be refunded except that paid upon the fuel used exclusively in aircraft
motors.
No person shall be entitled to a refund hereunder unless he shall have first
filed with the Department of Revenue a bond with approved surety in an
amount of not less than one hundred dollars ($100) nor more than one
thousand dollars ($1,000) to be determined by the Department of Revenue,
conditioned upon faithful compliance with this section and KRS 138.342 and
upon the payment to the Commonwealth of any refunds to which he was not
entitled.
The right to receive any refund pursuant to subsection (1) of this section shall
be assignable by the purchaser to the seller of the gasoline or special fuel if the
seller has posted a bond with the department and the aviation gasoline or
special fuel purchased by the assignor is delivered directly into the fuel tank of
aircraft owned or operated by him or his authorized agent. Any assignment
shall be evidenced by noting upon the face and all copies of the retail sale
invoice the following: "TAX REFUND ASSIGNED TO SELLER. Signed:
(Purchaser or Agent.)"
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 85, sec. 369, effective June 20, 2005. -Amended 1990 Ky. Acts ch. 98, sec. 6, effective July 13, 1990; and sec. 6,
subsec. 1, effective January 1, 1991. -- Amended 1988 Ky. Acts ch. 285,
sec. 15, effective August 1, 1988. -- Amended 1948 Ky. Acts ch. 94, sec. 1. -Amended 1946 Ky. Acts ch. 246, sec. 1. -- Created 1942 Ky. Acts ch. 157,
secs. 1, 2, and 4.
Formerly codified as KRS 138.345.
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