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.