§ 26-55-244 - Refunds on excess gallonage reported. - Arkansas Statutes

26-55-244. Refunds on excess gallonage reported.

(a) (1) Whenever it shall appear upon the filing of the monthly report by any distributor that the distributor during the period covered by such report has sold or otherwise disposed of or used during such period, an amount of motor fuel as set forth in 26-55-205, 26-55-207, 26-55-210, and 26-55-212, in excess of the amount of motor fuel received by the distributor within the State of Arkansas during the period, the distributor shall be entitled thereupon to a refund upon the excess gallonage at the rate per gallon provided in 26-55-205 if the distributor claiming the refund has paid a tax at the rate provided in 26-55-205 on each gallon of motor fuel in storage or in the possession of the distributor at the beginning of such reporting period.

(2) However, the Director of the Department of Finance and Administration may deduct from the refund a sum equivalent to the one percent (1%) evaporation loss claimed by the distributor in reports made prior to the reporting period.

(b) In the event any distributor shall be in default in the payment of the distributor's motor fuel tax or any penalties or interest thereunder, the refunds provided for in this section shall be reduced by the amount of the default.

(c) Whenever the director determines that any distributor is entitled to a refund under any of the provisions of this section, the director shall certify the amount of the refund and authorize and permit the distributor to deduct the same amount from the distributor's next motor fuel tax payment to the State of Arkansas.