28-5639. Uncollectible tax credit
A. In computing the amount of motor fuel tax due, the supplier is entitled to a
credit against the tax payable in the amount of tax paid by the supplier that has become
uncollectible from an eligible purchaser.
B. The supplier shall provide notice to the department of a failure to collect the
tax within thirty days after the earliest date on which the supplier was entitled to
collect the tax from the eligible purchaser under section 28-5637.
C. The department shall adopt rules establishing the evidence a supplier must
provide to receive the credit.
D. The credit shall be claimed on the first return after the expiration of the
thirty day period if the payment remains unpaid as of the filing date of that return or
the credit is disallowed.
E. The claim for credit shall identify the defaulting eligible purchaser and any
tax liability that remains unpaid.
F. If an eligible purchaser fails to make a timely payment of the amount of tax
due, the credit of the supplier is limited to the amount due from the purchaser, plus any
tax that accrues from that purchaser for a period of thirty days after the date of
failure to pay.
G. An additional credit shall not be allowed to a supplier under this section until
the department authorizes the purchaser under section 28-5638 to make a new election.
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