United States Department of Transportation - Federal Highway Administration FHWA HomeFeedback
OHPI Logo Office of Highway Policy Information
Highway Taxes and Fees: How They Are Collected and Distributed - 2001

EXEMPTION AND REFUND PROVISIONS OF STATE GASOLINE TAXATION 1/

BASED ON INFORMATION OBTAINED FROM STATE
AUTHORITIES AND ON THE LAWS OF THE STATE
TABLE MF-105
STATUS AS OF JANUARY 1, 2001
STATE TAX RATE (CENTS PER GALLON) 2/ PRIVATE AND COMMERCIAL USE PUBLIC USE TIME LIMITS FOR
REFUND CLAIMS
(MONTHS AFTER PURCHASE) 7/
OTHER SPECIFIED USES; REMARKS
GENERAL NONHIGH-WAY
(EXCEPT AGRICULTURE
AND AVIATION)
AGRICULTURE AVIATION PUBLIC CONTRACT WORK FEDERAL 5/ STATE, COUNTY, LOCAL
TAX RATE
(CENTS PER
GALLON) 3/
PROVISIONS MOTOR VEHICLES 4/ OTHER EQUIPMENT
(HIGHWAY AND
NON-HIGHWAY)
HIGHWAY USE OTHER USES 6/ HIGHWAY USE OTHER USES
Alabama 18 Taxed Ex (4), Ref (11) 2.7 Taxed Taxed Taxed (14) Ex Ex State, taxed (18),
local, taxed (2)
State, taxed (18),
local, taxed (2)
12 (Once per 12 months) Use by charitable organizations and foreign dignitaries
is subject to full refund. A refund of 15 cents is allowed
on static testing of engines.
Alaska 8/ 8 Ref (6) Ref (6) 4.7 Taxed Ref (6) Highway 8 cents;
nonhighway Ref (6)
Ex Ex Ex Ex 12 Use in public utility plants and by charitable organizations is exempt.
Nonhighway exemptions apply to use in unlicensed vehicles.
Arizona 9/ 18 Ref Ref - Ref (11) Taxed Ref Taxed Ref Taxed Ref 12 Use in watercraft is not refunded. One refund claim per period
with certified invoice.
Arkansas 9/ 20.5 Taxed Ref (2) - Ex Taxed Taxed Taxed Taxed Taxed Taxed 12 (After calendar year) Use by local buses is subject to full refund. Aviation gasoline is exempt
only when supported by aviation exemption certificate.
California 9/ 10/ 18 Ref Ref - - Ref Ref Taxed Ref Taxed Ref 13 Use in boats is not refunded, except when operatedin waters located
on private property owned or controlled by the user. Use by certain
foreign consulate officers or employees is exempt when purchased with
a credit card approved by the State Department. Use by off-highway
recreational vehicles is taxed.
Colorado 22 Ref Ref 6 Taxed Ref Ref Ex Ex Ex Ref 6 State Highway Department and county and city highway uses are subject to full refund.
Connecticut 36 Ref Ref - Ex Ref Ref(nonhighwayonly) Ex / Ref Ex / Ref Ex / Ref Ref / Ex March 31 ofnext year Fuel imported by manufacturers licensed as distributors for their own use
in manufacturing processes is exempt. Use in taxicabs is subject to 50 percent
refund. Local bus use, approved ambulance use, and use in municipal fire, police,
road construction and maintenance apparatus is subject to full refund. Municipal
school bus use is exempt. All refund claims must be filed within 3 months for calendar
year period. Sales to Federal, State and municipalities is exempt.
Delaware 11/ 23 Ref Ref - Ref (23) Taxed Ref Ex Ex Ex Ex 12 Use in volunteer fire department vehicles and in ambulances owned by veterans' and
civic organizations is exempt.
Dist. of Columbia 20 Taxed Taxed - Taxed Taxed Taxed Ex Ex Ex Ex - Use by publicly owned and operated local transitbuses is exempt.
Florida 8/ 11/ 12/ 13/ 13.6 Taxed Ref (9.8) 6.9 Taxed Taxed Taxed Ex Ex Ref (9.8) Ref (9.8) 60 Use by city transit systems is subject to refund of 9.6 cents of 13.6 cent tax. Counties,
municipalities and school districts are eligible for a refund of 10.6 cents of the 13.6 cents tax.
Georgia 7.5 Taxed Ref (6.5) 7.5 Ex (6.5) Taxed Taxed Ex Ex Taxed Taxed 18, Agriculture Aviation exemption is on sales to licensed dealer only.
Hawaii 16 Taxed Ref (4) 1 Taxed Taxed Taxed Ex Ex Taxed Taxed No time limit -
Idaho 25 Ref Ref or credit 5.5 Taxed Taxed Ref Taxed Ref Taxed Ref Calendar year Agricultural use may be claimed as a refund or income tax credit.
Illinois 19 Ref Ref - Ex Ex Ref Ex Ex Taxed Ref 12 (13-24, 80 %) Sales to public utilities which own and operate buses as common carriers within a
single municipality, contiguous municipalities, or nearby, are exempt.
Indiana 15 Ref Ref - Ref Ref Ref (non- Ex Ex Taxed Ref 3 Years Nonhighway use by distributors is exempt. Use by local transit buses is exempt.
Marine use subject to refund only on purchases at locations other than on an
Indiana lake. Refunds can be used as income tax credits, but must be filed within 1 year.
Iowa 20 Ref Ref 8 Taxed Taxed Taxed Ref Ref Ref Ref 3 State use and highway use by urban transit buses are exempt. In lieu of making a refund
claim, the State tax on non-highway uses may be claimed as a State income tax credit yearly.
Kansas 14/ 20 Ref Ref - Ex Taxed Nonhighway, Ref Ex Ex Taxed Ref 12 -
Kentucky 8/ 11/ 16.4 Taxed Ref - Ref Taxed Taxed Ex Ex Taxed Taxed Up to 4 Years All must pay the 1.4-cent environmental fee included in the rate shown. Use by city and
suburban buses, nonprofit buses, taxicabs and senior citizen transportation is subject to
refund of seven-ninths of 15-cent tax.
Louisiana 8/ 9/ 13/ 15/ 20 Taxed Ref - Ref Taxed Taxed Ex Ex Taxed Taxed 6 Federal use exempt for lots in excess of 6,000 gallons
Maine 22 Ref (21) Ref (21) - Ref (18) Taxed Ref (21) Ex Ex See remarks See remarks 12 Use in local transit buses is subject to full refund. Local government vehicles exempt. State
vehicles pay tax.
Maryland 23.5 Ref Ref 7 Taxed Taxed Ref Taxed Ex or Ref Taxed Taxed 3 (For July- June period, or for any
period less than 12 months)
Uses in equipment of volunteer fire companies, chapters of American Red Cross, and
units of national veterans' organizations are subject to full refund. Pleasure boat use not
refunded. Use by Mass Transit Administration buses and certain municipal bus companies
is exempt.
Massachusetts 11/ 21 Ref Ref 12.1 - Taxed Ref Ex Ex Taxed Ref 24 (6, Marine; 3.5 after taxable year or
no later, than April 15 of
the following year, agriculture)
-
Michigan 11/ 19 Ref Ref 3 Ref (1.5) Ref Ref Ex Ex Ex Ex 12 County and local use and certain parochial school use are subject to full refund. Use by
passenger vehicles with a capacity of 5 or more operating under a municipal franchise, is
subject to full refund. Aviation refund applies only to fuel used on regularly scheduled interstate
flights.
Minnesota 16/ 17/ 20 Ref Ex 5 Ref Taxed Ref Ex Ex Taxed Ref 12 (3.5 after calendar year, aviation) No refunds allowed for snowmobile and marine use.
Mississippi 18.4 Ref (11.6) Ref (11.6) 6.4 Ref (11.6) Taxed Taxed Taxed Ex Taxed Ref (11.6) 36 -
Missouri 17 Ref Ref 9 Ref 8/ Taxed Ref Ex or Ref Ex Taxed Ref 12 or April 15 (the later date) -
Montana 9/ 17/ 27 Ref Ref (12) 3 Taxed Ref Ref Taxed Ref Taxed Ref 14 -
Nebraska 11/ 23.9 Income tax Income 5 - Taxed Taxed Ex Ex Taxed Taxed 3.5 (After calendar year) Gasoline used by accredited flying schools is subject to full refund of the 5 cents aviation tax.
Nevada 9/ 17/ 24.75 Taxed Taxed 10.5 Taxed Ref Ref Taxed Ref Taxed Ref 6 Motorboat use is not refunded. Farmers and ranchers may claim refund on 80 percent
of bulk purchases in excess of 50 gallons.
New Hampshire 19.5 Ref Ref 4 Taxed Ref Ref Ex Ex Ref Ex 24 -
New Jersey 10.5 Ref Ref - Ref Taxed Ref Ex Ex Ref Ref 6 Buses paying monthly franchise tax to municipality, rural free delivery carriers, fire engines, and
emergency rescue squad vehicles are subject to full refund
New Mexico 18.875 Ref Ref - Ref Ref Ref Ex Ex Taxed Ref 6 No refunds allowed for motorboat or highway maintenance uses.
New York 10/ 11/ 22 Ref (8) Ref 5.6 Ref (8) Ref (8) Ref (8) Ex Ex Ex Ex 24 Pleasure boat use is not refunded. Use by qualified taxicabs and omnibuses is subject to 3 cent
refund. Use by omnibuses with DOT certificate in local transit service is refunded. Full refund
allowed for use by nonpublic elementary or secondary schools.
North Carolina 11/ 24.3 Ref (23.3) Ref (23.3) - Ex Taxed Ref (23.3) Ex Ex See remarks See remarks 3.5 (After calendar year) Aviation exemption applies to high octane fuel only; ordinary fuel used in aircraft is subject to
refund of 23.3 cents of 24.3 cents tax. State agency and county and city school use is exempt.
County and city use, city transit use and use by the State Highway Department, volunteer or
county fire departments and approved sheltered workshop organizations are subject to refund of
23.3 cents of the 24.3 cents tax; volunteer rescue squads, solid waste compactor vehicles,
spreader trucks and bulk feed trucks with power take- off are eligible for refund of one-third of
23.3 cents of the 24.3 cents tax. Refunds claimed quarterly by last day of January, April, July,
and October.
North Dakota 8/ 21 Taxed Ref (12) 8 Ref Taxed Taxed Ex Ex Taxed Taxed 6 (After calendar year) Use by State, county or municipally owned and operated vehicles on construction, reconstruction
or maintenance projects is refunded. When aviation tax is refunded, a 4 percent excise
tax is levied.
Ohio 22 Ref Ref - Ex Ref Ref Ex Ex Taxed Ref 6 Public transit use refunded at 21 cents per gallon for buses with a capacity of more than
10 persons and operated primarily for transit in counties or cities.
Oklahoma 17 Taxed Ref (13.92) 0.0008 Ex Taxed Taxed Taxed Taxed Local, Ex;
State, taxed
Local, Ex;
State, taxed
36 Use in school buses operated by school districts is exempt.
Oregon 24 Ref Ref - Ref Ref (17) Ref Taxed Ref Taxed Ref 15 -
Pennsylvania 11/ 18/ 26 Taxed Ref 4.3 Taxed Taxed Taxed Ex Ex Ex Ex 36 Transit use is taxed, except for publicly owned transit, which is exempt.
Rhode Island 11/ 29 Taxed Ref - Ex Taxed Taxed Ex Ex Taxed Taxed 8 Public transit use and railroad equipment operated on fixed rail are exempt. The following
nonhighway uses (note column 2) are subject to full refund: commercial marine, lumbering,
well drilling, railroad.
South Carolina 16 Taxed Ref - Ex Taxed Taxed Ex Ex Taxed Taxed 36 Use in State owned school buses and commercial shrimp boats is exempt.
South Dakota 22 Ref Ref 6 Taxed Taxed Taxed Ex Ex Taxed Ref 15 -
Tennessee 11/ 20 Taxed Ref (19) 1 Ex Taxed Taxed Ex Ex Ex Ex 3 (After calendar year) government;
3.5 (after calendar year) agriculture
-
Texas 20 Ref (98 %) Ref (98 %) - Ex Ref (98 %) Ref (98 %) Ex Ex Taxed Ref (98 %) 12 Gasoline used by transit companies that have been issued an exemption certificate by the
comptroller is taxed at the reduced rate of 19.0 cents per gallon. Use in school buses operated
by a Texas public school district is exempt or refundable. Use by a commercial transportation
company to provide public school transportation services exclusively for a Texas public school
district is exempt or refundable.
Utah 24.5 Taxed Ref 8 Taxed Taxed Taxed Ex Ex Ex Ex 3.5 (After -
Vermont 20 Taxed Taxed - Taxed Taxed Taxed Taxed Taxed Taxed - - -
Virginia 17.5 Ref Ref (17) 5 Taxed Taxed Ref Ex Ex Ex Ex 12 Use by volunteer fire departments, volunteer rescue squads and urban and suburban bus lines is
subject to full refund. Commercial marine use is subject to a refund of 16 cents of the 17.5 cents
tax. Claimant may request that full amount of the tax be deposited in the Game Protection Fund
or Marine Fishing Improvement Fund in lieu of a refund. Use by taxicabs is subject to a refund
of 16.5 cents per gallon, if holder of a permit from the Department of Motor Vehicles.
Washington 23 Ref Ref 6.5 Ex Ref Ref Taxed Ref 9/ Taxed Ref 13 Aviation exemption applies to certified air carriers, the Federal Government and use for testing,
experimentation and training. Use in urban transportation systems and by foreign government
employees is exempt.
West Virginia 11/ 13/ 25.35 Ref Ref - Ex Taxed Taxed Taxed Ex Taxed Taxed 6 Use by local buses is subject to refund of 6 cents. County and local nonhighway use is subject to
full refund. Use by municipalities is exempt.
Wisconsin 11/ 26.4 Ref or Ex Ref or Ex 6 Ex Taxed Ref Ex Ex Taxed Ref 12 Urban transit use by common carriers is exempt. Taxicab use for the transportation of
passengers is subject to full refund.
Wyoming 16/ 14 Taxed Ex (70 %) 7 - Taxed Taxed Taxed Taxed Taxed Taxed One year following
purchase date
University of Wyoming, community colleges, and public schools tax
on purchases is refundable upon request.

1/ For purposes of brevity, refunded and exempt have been abbreviated as 'Ref' and 'Ex', respectively. For those that are granted partial exemptions, the portions of those refunded or exempt is shown in parentheses. In addition to the classes of refunds or exemptions listed, all States grant exemptions or refunds to distributors on export sales, purchases of tax-paid fuel, previous overpayment, etc., to avoid duplication of payment. See Table MF-102 for provisions concerning special fuels. Table MF-103 shows the procedures regarding allowances for losses in storage and handling, losses by destruction and expense of collection. See Table MF-104 for provisions concerning interstate motor carrier fuel use.

2/ See Table MF-121T for more detail on gasoline and gasohol tax rates and sales tax information.

3/ Only the aviation gasoline tax rates that differ from the prevailing tax rates in column (1) are shown in this column.

4/ Use in motor vehicles on public highways is taxed in all States.

5/ In most States which exempt motor fuel purchased by the Federal Government, there is also a provision for refund of the tax if tax-paid fuel is purchased.

6/ Includes Federal nonhighway and military use.

7/ Unless noted otherwise, the exact time periods specified by statute or regulation are given in months (i.e. 30 days = 1 month, 45 days = 1.5 months, 1 year = 12 months, 'by March 31 for preceding calendar year' = 3 months after calendar year, etc.). The time limits allowed for uses not listed on this table (see footnote 1) may differ from those shown in this column.

8/ Special provisions for specific nonhighway uses: in Alaska, marine use of gasoline and special fuel is taxed at 5 cents per gallon, others partially refunded as follows: 9.8 cents of the 12.8 cent tax for commercial fishing use in Florida; full refund of tax used in motor boats in Kentucky; full refund of the 20 cents tax for gasoline used in commercial fishing boats only in Louisiana; 19 cents of the 20 cent tax is refunded for industrial use in North Dakota. Aviation gasoline in Missouri is fully refunded if used for commercial or agricultural purposes.

9/ In Arizona and Montana, Federal military highway use is taxed, while nonhighway use is refunded. In Arkansas, sales to official U.S. Government agencies for use in official U.S. Government vehicles is exempt. In California, Louisiana, and Washington, quantities sold to the armed forces for use in aircraft or ships or for use outside of the State are exempt. In Nevada, sales for use in vehicles of the armed forces are exempt.

10/ Closed portions of roads under repair are not public highways.

11/ Variable tax rate as of January 1, 2001

12/ Rate consists of a fixed rate of 4 cents per gallon plus a base rate of 6.9 cents per gallon of motor fuel which is indexed to the CPI-U and currently yields a 9.0 cents per gallon rate. There is an additional State imposed State Comprehensive Enhanced Transportation System (SCETS) Tax that varies by county from 0 to 4.8 cents per gallon which is not included in rate shown.

13/ Gasoline is tax exempt if purchased in bulk lots of over 300 gallons in Wyoming; 500 gallons or more in Florida (from a terminal supplier or wholesaler) and West Virginia; and 6,000 gallons or more in Louisiana.

14/ It is exempt if contractor holds a cost-plus-fixed-fee contract with the U.S. Government.

15/ Aviation gasoline sales in these States are generally exempt when purchased in large quantities or at specified airports.

16/ Aviation refunds are on a sliding scale ranging from 15 cents per gallon on the first 50,000 gallons to 19.5 cents per gallon over 200,000 gallons in Minnesota. Counties or municipalities refund 2 cents per gallon to consumers on fuel used at their publicly owned airports in excess of 10,000 gallons per month in Wyoming.

17/ No refunds are paid on fuel used in highway construction or maintenance.

18/ Thirty-six months after the end of the fiscal year for agriculture, volunteer fire, ambulance, etc., and political subdivisions.

19/ The 4.85 cents per gallon consumer sales and service tax is not refundable and aviation use is not exempt.

OHPI Home | Highway Taxes and Fees 2001


FHWA Home | Feedback
FHWA
United States Department of Transportation - Federal Highway Administration