KRS 138.446 — Refund to bus companies, taxicab companies, and senior citizen programs -- Bond -- Application -- Audit

(1) Bus companies and taxicab companies operating under a certificate issued pursuant
to KRS Chapter 281 and senior citizen programs which utili ze Title III funds of the
Older Americans Act in the provision of transportation services shall be entitled to a
refund of seven-ninths (7/9) of the amount of KRS Chapter 138 taxes paid on motor
fuels used in their regularly scheduled operations in Kentucky.
(2) No person shall be entitled to a refund pursuant to this section unless he shall have
first filed with the department a bond issued by a surety company authorized to do
business in Kentucky in an amount of not less than one thousand dollars ($1,000)
nor more than five thousand dollars ($5,000) to be determined by the department,
conditioned upon faithful compliance with this section and upon the payment to the
Commonwealth of any refunds to which he was not entitled.
(3) Applications for refund shall be filed with the department on a calendar quarter or
calendar year basis on forms and in the manner prescribed by it for refund of tax
paid on motor fuel used by buses or taxicabs. Each application for a refund shall
show the number of gallons of motor f uel purchased during the quarter for use in
buses or taxicabs; the date and quantity of each purchase; the vendor from whom
the fuel was purchased; the number of gallons on which refund is claimed; and
other information the department may require. Invoices shall be attached to
applications from taxicab companies.
(4) The department may require any gasoline dealer or any dealer's authorized agent to
identify gasoline sold by him for taxicab use by adding any chemical or substance,
which shall be furnished by the department and used in the manner as prescribed by
the department. The department also may require that the dealer keep a complete
record of all the gasoline sold by him, which records shall give the date of each sale,
the number of gallons sold, the name of the person to whom sold, and the sale price.
(5) The department shall audit the application and make any other investigation it
deems necessary to determine whether it constitutes a proper claim. When the
department is satisfied that a refund is pr oper, it shall authorize seven -ninths (7/9)
of the amount of the tax paid to be refunded as other refunds are made and the
amount refunded shall be deducted from current motor fuel tax receipts. The tax
shall be refunded with interest at the tax interest rate as defined in KRS 131.010(6).
(6) When the department finds that an application for a refund contains a false or
fraudulent statement or that a refund has been fraudulently obtained, the department
shall refuse to grant any refunds to the person making the false or fraudulent
statement or fraudulently obtaining a refund for a period of two (2) years from the
date of the findings.
(7) The department may prescribe, promulgate and enforce administrative regulations
relating to the administration and enforcement of this section.
(8) The refund provided for in this section shall be effective on motor fuel purchased on
or after July 1, 1978.