§ 4.07.320. Collection of tax on special fuel which is not dyed; purchase of special fuel by special fuel supplier or special fuel exporter; records of certain sales; refunds.

1. Except as otherwise provided in subsection (2) below, each special fuel supplier who sells or distributes special fuel to which dye has not been added shall, at the time the special fuel is purchased, collect the tax imposed pursuant to the supplemental fuel tax ordinance.

2.

A special fuel supplier shall not collect the special fuel tax imposed pursuant to the supplemental fuel tax ordinance if the purchaser of the special fuel is:

(a)

A special fuel supplier;

(b)

A special fuel exporter; or

(c)

A special fuel dealer.

3.

A special fuel supplier or special fuel exporter shall not purchase special fuel on which the special fuel tax imposed pursuant to the supplemental fuel tax ordinance has been paid, except that a newly licensed special fuel supplier or special fuel exporter may purchase such fuel during its first month of operation.

4.

A special fuel supplier who sells special fuel to any other special fuel supplier, special fuel dealer or special fuel exporter shall keep such records of the transaction as the department may require. Pursuant to NRS 366.207, the department shall adopt regulations setting forth:

(a)

The records which must be kept by the special fuel supplier pursuant to this subsection; and

(b)

The period for which those records must be kept by the special fuel supplier.

5.

If, within a period of six months, a person purchases two hundred gallons or more of special fuel in this state which is used for a purpose that is exempt from the payment of the tax on special fuel pursuant to the supplemental fuel tax ordinance, that person may apply to the department for a refund in the manner prescribed in Section 4.07.470(6) hereof. No refund shall be allowed, however, in the circumstances described in Section 4.07.290(2) of the supplemental fuel tax ordinance.

6.

Any person who resells, for a taxable purpose, special fuel that was exempt from the special fuel tax imposed by the supplemental fuel tax ordinance and to which dye has not been added shall collect the tax and remit it to the department.

(Ord. No. 4126, § 1, 9-3-2013)