Instructions For Form 84 - Nebraska Motor Fuels Tax Refund Claim

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INSTRUCTIONS
Caution: Only federal governmental agencies, Native Americans, and buses for hire are eligible for the refund of tax on fuel placed
into a licensed motor vehicle. All other users of fuel in licensed motor vehicles, regardless of how those vehicles are used,
cannot claim refund on such fuel.
All refund claims are subject to audit for three years after the claim is filed.
NOTE:
WHO MAY FILE. Any person requesting a refund of taxes paid or
agency or by a Native American who is a resident of a Nebraska
Indian Reservation and the sale is made on a Nebraska Indian
for overpayment of Nebraska fuel taxes may file a Nebraska Motor
Fuels Tax Refund Claim, Form 84. Prior to adjustments, the refund
Reservation, the agency or Native American may file a claim
for refund.
must be at least $25. This minimum must be met within a calendar
year for each fuel type except Petroleum Release Remedial Action
Documentation to be submitted: Copies of invoices and other
Fee, which has a $10 minimum.
supporting records.
BASIS FOR CLAIM. Indicate reason for the claim. If the space
SPECIFIC INSTRUCTIONS FOR CALCULATING THE
provided is not sufficient, attach an additional sheet of paper. For
REFUND
refunds of diesel, gasoline, gasohol and ethanol, you must answer
Multiply the number of gallons claimed by the refund rate in effect
the question regarding bulk storage. Appropriate documentation
when the fuel was purchased and enter the amount calculated.
Round
must be attached to the Form 84. Documentation submitted with the
down all amounts less than .50 and round up all amounts of .50
Form 84 will not be returned.
through .99. If gallons are claimed for periods with multiple refund
Exempt Use of Tax-Paid Diesel, Gasoline, Gasohol,
rates, attach summary on another piece of paper.
and Ethanol. Any person who has purchased and used
tax-paid fuel for a qualified exempt purpose may file a claim.
Refund Rates. For fuel purchased during tax years ending on or
(Motor vehicle fuels purchased during tax years ending on or
after January 1, 2005, the refund of the tax paid on fuel consumed in a
after January 1, 2005 are eligible for this refund. For tax years
qualified exempt manner is determined at a reduced rate. The reduction
ending prior to 2005, qualifying use of such fuels is claimed
from the tax rate paid is $0.01 per gallon for diesel and $0.035 per gallon
as an income tax credit.)
for gasoline and gasohol. Federal agencies and Native Americans are
not subject to the reduced rate and are entitled to a refund of the entire
Documentation to be submitted:
tax paid. To claim the correct rate, please refer to the refund rate table
• Description of your operations must be submitted with the
found at
initial claim and on an annual basis thereafter. For example,
for agricultural use, this information includes the number
Adjustments. Determine the refund claimed net of any appropriate
of acres farmed, types of crops raised, and the number and
adjustments for commission or consumer’s use tax. If you are a motor
type of livestock;
vehicle fuels, diesel fuel, or aircraft fuel licensee, you may need to
deduct the appropriate commission.
• Type of equipment in which the fuel was used. An equipment
list must be submitted with the initial claim and on an annual
Persons who purchase undyed diesel fuel for reefer units, home
basis thereafter, and include the make, horsepower, and other
heating, or any other use which subjects it to the sales and use tax, must
mechanical description of the machinery;
remit the state and city use tax on a Nebraska and Local Consumer’s
Use Tax Return, Form 2, or on the appropriate line on Nebraska and
• Copies of purchase invoices indicating the amount of tax
Local Sales and Use Tax Return, Form 10. If the appropriate use
paid, date of purchase, and vendor’s name; and
tax is not paid, the refund will be reduced by the amount of use tax
• Copies of withdrawal logs documenting the date, gallons and
determined to be due.
equipment into which the fuel was placed if both licensed
vehicles and unlicensed equipment are fueled from the same
If you are claiming a refund for tax paid on gasoline, gasohol or ethanol
storage facility. Refer to the Nebraska Motor Fuels Tax
which was subsequently used to fuel an airplane, the claim must be
Refunds Information Guide for additional information.
reduced by the aviation gasoline tax rate of $0.05 per gallon.
Exports of Tax-Paid Fuel, Including the Petroleum
WHEN TO FILE. Only one claim per month may be filed by any
Release Remedial Action Fee. Any person who is not
claimant. You must file your claim within three years from the date of
currently licensed or required to be licensed, who owned and
payment of the tax. Claims filed for refunds of tax paid on aviation jet
exported fuel upon which Nebraska fuels tax was previously
fuel or aviation gasoline used in the operation of a FAA-approved air
paid may file a claim.
school must be filed within seven months of the date of purchase.
Documentation to be submitted: Copies of invoices or other
WHERETO FILE. This claim, along with supporting documentation,
supporting records that indicate the fees were paid to a motor
must be filed with the Motor Fuels Division, P.O. Box 98904, Lincoln,
fuel licensee and to what state the fuel was exported.
NE 68509-8904.
Destroyed or Contaminated Tax-Paid Fuel. Any person
SIGNATURES. This clam must be signed by the claimant, partner
who owned fuel upon which Nebraska fuels tax was previously
or corporate officer. If the claimant authorizes another person to sign
paid, and such fuel is subsequently destroyed or accidentally
this claim, such person must attach an original power of attorney.
contaminated with another type of fuel may file a claim.
Any person who is paid for preparing a claim must also sign the
Documentation to be submitted: Date destroyed or
claim as preparer.
contaminated, number of gallons destroyed or contaminated,
TAXPAYER’S ASSISTANCE. Additional information is found
owner of fuel, copies of purchase invoices, inventory records,
on
If you need further information
and copies of insurance claims.
or have any questions concerning this claim for refund, contact the
Federal Governmental Agencies and Native American
Motor Fuels Division toll free 800-554-3835. Lincoln residents may
Transactions. If fuel is purchased tax-paid by a federal
call 471-5730.

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