KRS 138.220: State gasoline and special fuel tax -- Supplementary highway user motor

fuel tax -- Imposition -- Determination of average wholesale price -- Additional

tax or credit for tax-paid inventory -- Notification of average wholesale price to

be given at least 20 days before July 1 of every year.

(1) (a) An excise tax at the rate of nine percent (9%) of the average wholesale price

rounded to the nearest one -tenth of one cent ($0.001) shall be paid on all

gasoline and special fuel received in this state. The tax shall be paid on a per

gallon basis.

(b) The average wholesale price shall be determined and adjusted as provided in

KRS 138.228.

(c) For the purposes of the allocations in KRS 177.320(1) and (2) and 177.365,

the amount calculated under this subsec tion shall be reduced by the amount

calculated in subsection (3) of this section.

(d) Except as provided by KRS Chapter 138, no other excise or license tax shall

be levied or assessed on gasoline or special fuel by the state or any political

subdivision of the state.

(e) The tax herein imposed shall be paid by the dealer receiving the gasoline or

special fuel to the State Treasurer in the manner and within the time specified

in KRS 138.230 to 138.340 and all such tax may be added to the selling price

charged by the dealer or other person paying the tax on gasoline or special fuel

sold in this state.

(f) Nothing herein contained shall authorize or require the collection of the tax

upon any gasoline or special fuel after it has been once taxed under the

provisions of this section, unless such tax was refunded or credited.

(2) (a) In addition to the excise tax provided in subsection (1) of this section, there is

hereby levied a supplemental highway user motor fuel tax to be paid in the

same manner and at the same time as the tax provided in subsection (1) of this

section.

(b) The tax shall be:

1. Five cents ($0.05) per gallon on gasoline; and

2. Two cents ($0.02) per gallon on special fuel.

(c) The supplemental highway user motor fuel tax provided by this subsect ion

and the provisions of subsections (1) and (3) of this section shall constitute the

tax on motor fuels imposed by KRS 138.220.

(3) Two and one -tenth cents ($0.021), of the tax collected under subsection (1) of this

section shall be excluded from the cal culations in KRS 177.320(1) and (2) and

177.365. The funds identified in this subsection shall be deposited into the state

road fund.

(4) Notification of the average wholesale price shall be given to all licensed dealers at

least twenty (20) days in advance of July 1 of each calendar year.

(5) Dealers with a tax -paid gasoline or special fuel inventory at the time an average

wholesale price becomes effective, shall be subject to additional tax or appropriate

tax credit to reflect the increase or decrease in the average wholesale price for the

new quarter. The department shall promulgate administrative regulations to

properly administer this provision.