§ 58.1-2706. Credit for payment of motor fuel, diesel fuel or liquefied gasestax.
A. Every motor carrier subject to the road tax shall be entitled to a crediton such tax equivalent to seventeen and one-half cents per gallon on allmotor fuel, diesel fuel and liquefied gases purchased by such carrier withinthe Commonwealth for use in its operations either within or without theCommonwealth and upon which the motor fuel, diesel fuel or liquefied gasestax imposed by the laws of the Commonwealth has been paid by such carrier.Evidence of the payment of such tax in such form as may be required by, or issatisfactory to, the Department shall be furnished by each carrier claimingthe credit herein allowed.
B. When the amount of the credit to which any motor carrier is entitled forany quarter exceeds the amount of the tax for which such carrier is liablefor the same quarter, the excess may: (i) be allowed as a credit on the taxfor which such carrier would be otherwise liable for any of the eightsucceeding quarters or (ii) be refunded, upon application, duly verified andpresented and supported by such evidence as may be satisfactory to theDepartment.
C. The Department may allow a refund upon receipt of proper application andreview. It shall be at the discretion of the Department to determine whetheran audit is required.
D. The refund may be allowed without a formal hearing if the amount of refundis agreed to by the applicant. Otherwise, a formal hearing on the applicationshall be held by the Department after notice of not less than ten days to theapplicant and the Attorney General.
E. Whenever any refund is ordered it shall be paid out of the HighwayMaintenance and Construction Fund.
F. Whenever a person operating under lease to a motor carrier to performtransport services on behalf of the carrier purchases motor fuel, diesel fuelor liquefied gases relating to such services, such payments or purchases may,at the discretion of the Department, be considered payment or purchases bythe carrier.
(Code 1950, § 58-629; 1952, c. 281; 1956, c. 475; 1960, c. 603; 1972, c. 490;1980, c. 227; 1982, c. 671; 1984, c. 675; 1986, c. 553; 1986, Sp. Sess., c.15; 1988, c. 381; 1990, c. 245; 1992, c. 309; 1995, cc. 744, 803; 1996, c.575; 1999, c. 94; 2007, c. 896.)
§ 58.1-2706. Credit for payment of motor fuel, diesel fuel or liquefied gasestax.
A. Every motor carrier subject to the road tax shall be entitled to a crediton such tax equivalent to seventeen and one-half cents per gallon on allmotor fuel, diesel fuel and liquefied gases purchased by such carrier withinthe Commonwealth for use in its operations either within or without theCommonwealth and upon which the motor fuel, diesel fuel or liquefied gasestax imposed by the laws of the Commonwealth has been paid by such carrier.Evidence of the payment of such tax in such form as may be required by, or issatisfactory to, the Department shall be furnished by each carrier claimingthe credit herein allowed.
B. When the amount of the credit to which any motor carrier is entitled forany quarter exceeds the amount of the tax for which such carrier is liablefor the same quarter, the excess may: (i) be allowed as a credit on the taxfor which such carrier would be otherwise liable for any of the eightsucceeding quarters or (ii) be refunded, upon application, duly verified andpresented and supported by such evidence as may be satisfactory to theDepartment.
C. The Department may allow a refund upon receipt of proper application andreview. It shall be at the discretion of the Department to determine whetheran audit is required.
D. The refund may be allowed without a formal hearing if the amount of refundis agreed to by the applicant. Otherwise, a formal hearing on the applicationshall be held by the Department after notice of not less than ten days to theapplicant and the Attorney General.
E. Whenever any refund is ordered it shall be paid out of the HighwayMaintenance and Construction Fund.
F. Whenever a person operating under lease to a motor carrier to performtransport services on behalf of the carrier purchases motor fuel, diesel fuelor liquefied gases relating to such services, such payments or purchases may,at the discretion of the Department, be considered payment or purchases bythe carrier.
(Code 1950, § 58-629; 1952, c. 281; 1956, c. 475; 1960, c. 603; 1972, c. 490;1980, c. 227; 1982, c. 671; 1984, c. 675; 1986, c. 553; 1986, Sp. Sess., c.15; 1988, c. 381; 1990, c. 245; 1992, c. 309; 1995, cc. 744, 803; 1996, c.575; 1999, c. 94; 2007, c. 896.)
§ 58.1-2706. Credit for payment of motor fuel, diesel fuel or liquefied gasestax.
A. Every motor carrier subject to the road tax shall be entitled to a crediton such tax equivalent to seventeen and one-half cents per gallon on allmotor fuel, diesel fuel and liquefied gases purchased by such carrier withinthe Commonwealth for use in its operations either within or without theCommonwealth and upon which the motor fuel, diesel fuel or liquefied gasestax imposed by the laws of the Commonwealth has been paid by such carrier.Evidence of the payment of such tax in such form as may be required by, or issatisfactory to, the Department shall be furnished by each carrier claimingthe credit herein allowed.
B. When the amount of the credit to which any motor carrier is entitled forany quarter exceeds the amount of the tax for which such carrier is liablefor the same quarter, the excess may: (i) be allowed as a credit on the taxfor which such carrier would be otherwise liable for any of the eightsucceeding quarters or (ii) be refunded, upon application, duly verified andpresented and supported by such evidence as may be satisfactory to theDepartment.
C. The Department may allow a refund upon receipt of proper application andreview. It shall be at the discretion of the Department to determine whetheran audit is required.
D. The refund may be allowed without a formal hearing if the amount of refundis agreed to by the applicant. Otherwise, a formal hearing on the applicationshall be held by the Department after notice of not less than ten days to theapplicant and the Attorney General.
E. Whenever any refund is ordered it shall be paid out of the HighwayMaintenance and Construction Fund.
F. Whenever a person operating under lease to a motor carrier to performtransport services on behalf of the carrier purchases motor fuel, diesel fuelor liquefied gases relating to such services, such payments or purchases may,at the discretion of the Department, be considered payment or purchases bythe carrier.
(Code 1950, § 58-629; 1952, c. 281; 1956, c. 475; 1960, c. 603; 1972, c. 490;1980, c. 227; 1982, c. 671; 1984, c. 675; 1986, c. 553; 1986, Sp. Sess., c.15; 1988, c. 381; 1990, c. 245; 1992, c. 309; 1995, cc. 744, 803; 1996, c.575; 1999, c. 94; 2007, c. 896.)
