2005 North Carolina Code - General Statutes § 105-449.105. Refunds upon application for tax paid on exempt fuel, lost fuel, and fuel unsalable for highway use.

Part 5. Refunds.

§ 105‑449.105.  Refunds upon application for tax paid on exempt fuel, lost fuel, and fuel unsalable for highway use.

(a)       Exempt Fuel. – An entity whose use of motor fuel is exempt from tax may obtain a refund of any motor fuel excise tax the entity pays on its motor fuel. A person who sells motor fuel to an entity whose use of motor fuel is exempt from tax may obtain a refund of any motor fuel excise tax the person pays on motor fuel it sells to the entity. A credit card company that issues a credit card to an entity whose use of motor fuel is exempt from tax may obtain a refund of any motor fuel excise tax the company pays on motor fuel the entity purchases using the credit card.

A person may obtain a refund of tax paid by the person on exported fuel, including fuel whose shipping document shows this State as the destination state but was diverted to another state in accordance with the diversion procedures established by the Secretary.

(b)       Lost Fuel. – A supplier, an importer, or a distributor that loses tax‑paid motor fuel due to damage to a conveyance transporting the motor fuel, fire, a natural disaster, an act of war, or an accident may obtain a refund for the tax paid on the fuel.

(c)       Accidental Mixes. – A person that accidentally combines any of the following may obtain a refund for the amount of tax paid on the fuel:

(1)       Dyed diesel fuel with tax‑paid motor fuel.

(2)       Gasoline with diesel fuel.

(3)       Undyed diesel fuel with dyed kerosene.

(d)       Repealed by Session Laws 1998‑98, s. 29.

(e)       Refund Amount. – The amount of a refund allowed under this section is the amount of excise tax paid, less the amount of any discount allowed on the fuel under G.S. 105‑449.93. (1995, c. 390, s. 3; c. 523, ss. 32.1, 32.2; 1995 (Reg. Sess., 1996), c. 647, s. 38; 1997‑6, s. 12; 1997‑60, s. 17; 1998‑98, s. 29; 2000‑173, s. 16; 2001‑205, s. 3.)