Section 35.01.05.170 - INFORMATION ON DYED AND UNDYED DIESEL FUELSection 63-2425, Idaho Code
01.Undyed Diesel Fuel Used for Heating Purposes. The consumer must apply directly to the Tax Commission for a refund of the special fuels taxes included in the purchase price of undyed diesel used for heating a dwelling or building. The distributor may assist the consumer claiming a refund of the special fuels tax from the Tax Commission by: a. Properly documenting information on the sales invoice; andb. Providing the customer with a Form 75.02.Red-Dyed Diesel. It is illegal to use red-dyed diesel in the main supply tank of a licensed, or required to be licensed, motor vehicle in this state unless the type of user is listed below. Penalties for illegal use of red-dyed diesel in a motor vehicle are found in Section 63-2460, Idaho Code. The Internal Revenue Code does allow certain types of users to purchase tax-exempt red-dyed diesel for use in their vehicles. Red-dyed diesel may be used:a. By state and local governments (political subdivisions of the state) for their exclusive use;b. In the engine of a train;c. In a school bus, owned or leased and operated by a political subdivision of the state of Idaho, while the bus is engaged in the transportation of students and school employees;d. In a vehicle (such as a ground servicing vehicle for aircraft) owned by an aircraft museum;e. In a highway vehicle that is not registered (and is not required to be registered) for highway use under the laws of any state or foreign country and is used in the operator's trade or business or for the production of income;f. In a highway vehicle owned by the United States that is not used on a highway;g. Exclusively by a nonprofit educational organization as defined in Internal Revenue Code Section 4221 (d)(5).Idaho Admin. Code r. 35.01.05.170