Definitions. Imposition of tax. Rate. Returns. Penalty

# (a)

As used in this section, (1) “company” means a corporation, a partnership, a limited partnership, limited liability company, a limited liability partnership, an association or an individual, or a fiduciary thereof, and (2) “quarterly period” means a period of three calendar months commencing on the first day of January, April, July or October and ending on the last day of March, June, September or December, respectively.

# (b)

For each quarterly period commencing on or after July 1, 2025, (1) each company that distributes aviation fuel in the state shall pay a tax on the first sale of such fuel in the state, and (2) each company that imports or causes to be imported aviation fuel into the state, for use or consumption in the state, shall pay a tax on such fuel, provided such fuel shall be taxed only one time under this section. For quarterly periods commencing on or after July 1, 2025, and prior to July 1, 2029, the rate of tax for each such period shall be fifteen cents per gallon.

# (c)

On July 1, 2029, and on each July first of every fourth successive year thereafter, the rate of tax under this section shall be adjusted in accordance with any change in the consumer price index for all urban consumers for the preceding four calendar years, as published by the United States Department of Labor, Bureau of Labor Statistics. The Commissioner of Revenue Services shall, on or before June 15, 2029, and on or before June fifteenth of every fourth successive year thereafter, calculate the applicable rate of tax for the tax under this section beginning on the next succeeding July first. The commissioner shall notify the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to finance, revenue and bonding and the Secretary of the Office of Policy and Management of such applicable rate of tax and shall post such rate on the Department of Revenue Services' Internet web site.

# (d)

Each company shall on or before the last day of the month next succeeding each quarterly period render to the Commissioner of Revenue Services a return on forms prescribed or furnished by the commissioner and signed by the person performing the duties of treasurer or an authorized agent or officer. The return shall include, for the applicable quarterly period, (1) the number of gallons of aviation fuel sold in the state or the number of gallons of aviation fuel imported or caused to be imported into the state, as applicable, and (2) such other facts as the commissioner may require for the purpose of making any computation required by this section.

# (e)

Whenever the tax imposed under this section is not paid when due, a penalty of ten per cent of the amount due or fifty dollars, whichever is greater, shall be imposed, and interest at the rate of one per cent per month or a fraction thereof shall accrue on such tax from the due date of such tax until the date of payment.

# (f)

The provisions of section 12-548, sections 12-550 to 12-554, inclusive, and section 12-555a shall apply to the provisions of this section in the same manner and with the same force and effect as if the language of said sections had been incorporated in full into this section and had expressly referred to the tax imposed under this section, except to the extent that any provision is inconsistent with a provision in this section.

# (g)

At the end of each fiscal year commencing with the fiscal year ending June 30, 2026, the Comptroller is authorized to record as revenue for such fiscal year the amount of tax imposed under this section in such fiscal year and which tax is received by the commissioner not later than five business days after the last day of July immediately following the end of such fiscal year. (P.A. 23-204, S. 370.) History: P.A. 23-204 effective July 1, 2023. (Return to ChapterTable of Contents) (Return toList of Chapters) (Return toList of Titles)

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