(a) Except as provided in subsection (b), a person is entitled to a refund from the department if:

1. (1) a retail merchant erroneously or illegally collects state gross retail or use taxes under this article from the person;
2. (2) the retail merchant remits the taxes to the department;
3. (3) the retail merchant does not refund the taxes to the person; and
4. (4) the person properly applies for the refund under the refund provisions contained in IC 6-8.1-9 .

(b) A person is not entitled to a refund from the department on any state gross retail tax paid on the purchase or lease of a motor vehicle if the motor vehicle was purchased or leased for sharing on a peer to peer vehicle sharing program (as defined in IC 24-4-9.2-4 ).

As added by Acts 1980, P.L.52, SEC.1. Amended by P.L.19-1986, SEC.11; P.L.269-2003, SEC.3; P.L.1-2003, SEC.32; P.L.97-2004, SEC.26; P.L.108-2019, SEC.116.