Fuel and Far Between: Fuel Tax Opportunities and Pitfalls in 2021

Are you reviewing your clients’ excise tax liabilities and opportunities regularly? Many CPAs and in-house accountants are not aware of significant fuel tax refund opportunities available in 2021. Fuel tax reporting and refunds touch a large range of companies, from upstream refiners, operators, and blenders to midstream marketers and carriers to the commercial end-users like waste hauling and concrete companies. Oil and gas and energy companies often do not regularly audit their transactions and systems for fuel tax impacts, which can lead to lengthy audits and significant overpayments, penalties, and interest.

The federal government and states vary widely in their treatment of fuel production, import, export, transportation, and use, which leads to confusion, errors, and lost cash flow. The same activity or transaction may be considered non-taxable or exempt under federal law but is taxable and reportable under state law. The lack of uniformity requires significant attention to detail and constant review of state and federal laws, regulations, and court opinions. Additionally, companies may be missing out on significant refund opportunities due to the CARES Act and recent case law, especially companies in the biodiesel and alternative fuels space.

Fuel consumers with fleets of vehicles and equipment can potentially offset their significant fuel expenses with tax refunds due to non-taxable usage. The federal government and all 50 states have some form of fuel tax refunds, but each jurisdiction is different as to what uses, fuel types, and industries are eligible. Further, the process, documentation, rates, and audits for fuel tax refunds vary greatly from jurisdiction to jurisdiction.

This free CPE webinar will cover:

• Federal and state fuel excise tax history and overview
• Licensing and reporting for various fuel-related activities
• End-user activities leading to refunds and exemption opportunities
• Recent legislation and case law impacting fuel tax reporting and refund claims
• Selected case studies highlighting pitfalls and opportunities