- (1) The department may require IFTA licensees, or others as determined by the department, who fail to timely file a fuel tax return(s) or timely pay fuel tax liability to post a bond equivalent to twice the licensee's estimated quarterly tax liability, but not less than $500. The bond may be a surety, a certificate of deposit, or cash.
(2) The department may require a licensee to post a bond for non-compliance events including:
- (a) three late quarterly filings in a three-year period; or
- (b) non-payment or late payment of the tax liability of an IFTA quarterly tax return two or more times in a four-quarter period.
- (3) A new bond may be required for each non-compliance infraction.
- (4) The bond requirement will be removed and the bond released after three years if the licensee has timely complied with all applicable statutes and rules for those three years.
- (5) The department, in its sole discretion, may waive the bond requirement if the late filing or the nonpayment was not in the control of the licensee.
- (6) Failure to post a required bond within 30 days of issuance of an IFTA bond requirement notice may result in revocation of the IFTA license.
Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-121, MCA
History: NEW, 2004 MAR p. 2278, Eff. 9/24/04; TRANS & AMD from ARM 18.10.124, 2016 MAR p. 1849, Eff. 10/15/16; AMD, 2018 MAR p. 588, Eff. 3/17/18; AMD, 2020 MAR p. 2238, Eff. 12/12/20.