PURPOSE: This rule interprets fuel tax statutes, sections 142.100 and 142.462, RSMo as they apply to the release of bonding requirements for Motor/Special Fuel Distributors, pursuant to House Bill 1280.

1. (1) A motor fuel distributor, special fuel distributor, or both, is eligible for release from the licensing requirement to maintain a bond. In order to be released from the bond requirement, a distributor must file a written application with the director of revenue. Upon application, the director shall review the reporting and payment history of the distributor to determine whether the distributor has maintained satisfactory tax compliance for the five (5)-year period immediately preceding the date of application. The director shall notify the distributor of his/her determination. If the director determines that the distributor may be released from the bond, the date of the notice shall be the effective date of the release. Satisfactory tax compliance shall mean that for a period of five (5) consecutive years immediately preceding application for release from the bonding requirements, the distributor has filed all reports and paid all taxes due on a timely basis. Any discrepancies in reporting and paying the tax must be settled to the satisfaction of the department before the requirement is considered to have been met.
2. (2) Special fuel distributors will be allowed to use their tax payment history as licensed special fuel dealers and special fuel bulk users to meet the five (5)-year requirement.
3. (3) If, after release from the bond requirement, a distributor fails to file monthly reports or pay the tax due on a timely basis, the director shall require the distributor to post a new bond in an amount sufficient, as determined by the director, to protect the revenue of the state. Failure to post the additional bond within sixty (60) days will result in revocation of the distributor’s license.

AUTHORITY: sections 142.100, RSMo 1986 and 142.462, RSMo Supp. 1989. Emergency rule filed Sept. 14, 1990, effective Sept. 24, 1990, expired Jan. 21, 1991. Original rule filed Sept. 14, 1990, effective Feb. 14, 1991. 12CSR 10-7—REVENUE