Section 15 AAC 40.320 - Sales or transfers for mixed uses(a) Except as provided in (b) of this section, fuel transferred to a common storage tank is taxable at the time of sale or transfer at the highest rate that applies to any of the fuel transferred into the tank.(b) A person operating jet propulsion aircraft in both foreign and domestic flights may elect to defer the payment of the tax under AS 43.40 on the transfer of the fuel to a common storage tank. A person makes the election annually on a form or in a format prescribed by the department. A person making the election must file a tax return and remit the amount of tax due no later than the last day of the month following the month in which the person withdrew the fuel from the common storage tank. The withdrawal from the common storage tank of fuel subject to tax under AS 43.40 is a taxable transfer under AS 43.40.(c) A municipality or a federally recognized tribe may elect to defer the payment of tax on diesel purchased for its own official use and for resale to residents of the municipality or tribal members if(1) the municipality is incorporated under AS 29.05.011 and is not connected to more than 200 miles of publicly maintained roads; or(2) the federally recognized tribe stores the fuel in a location that is not connected to more than 200 miles of publicly maintained roads.(d) A municipality or federally recognized tribe that elects under (c) of this section to defer the payment of tax must file this election with the department on a form or in a format prescribed by the department. The department will notify the municipality or tribe that its election is accepted and the election remains effective until the municipality or tribe revokes it in writing. The municipality or tribe making the election must file a tax return if the municipality or tribe sells fuel for which taxes were deferred under this subsection if the fuel is sold for a use that is taxable.(e) The following examples illustrate the application of (a) of this section: EXAMPLE 1
If the tax is eight cents per gallon and fuel used for heating purposes is exempt, a transfer of fuel to a common storage tank providing fuel for both on-road and heating uses is taxable at eight cents per gallon.
EXAMPLE 2
If fuel for marine use is taxable at five cents per gallon, a transfer of fuel to a common storage tank providing fuel for both on-road and marine uses is taxable at eight cents per gallon.
EXAMPLE 3
Assuming the same rates listed in examples 1 and 2 of this subsection, a transfer of fuel to a common storage tank providing fuel for both marine and heating uses is taxable at five cents per gallon.
Eff. 4/1/2001, Register 157Authority:AS 43.05.080
AS 43.40.010
AS 43.40.100