PURPOSE: This rule outlines procedures which will allow special fuel distributors the option of reporting receipts of special fuel on the basis of net (temperature adjusted) or gross (measured) gallons, pursuant to section 144.403.2., RSMo.

1. (1) For tax purposes special fuel distributors may report the special fuel received by them on either the basis of gallons corrected to a temperature of sixty degrees Fahrenheit (60°F) at fourteen and seven-tenths pounds per square inch absolute (14.7 psia), or on the basis of measured gallons, at the election of the distributor.
2. (2) Each distributor, at the time a license is applied for, and on the first day of each year after that, shall file with the director of revenue a written statement, signed by the distributor, electing which basis the distributor desires to use in making tax reports. After that, the basis chosen shall be used throughout the year. In the absence of a statement from the special fuel distributor, the basis used when filing his/her first special fuel distributor tax return for the calendar year shall be considered the distributor’s elected basis and shall be used throughout the remainder of the calendar year.

AUTHORITY: section 142.621, RSMo 1986. Original rule filed Dec. 12, 1989, effective May 11, 1990.