42-5352. Levy of tax

A. A jet fuel excise tax is levied on every person engaging or continuing in the business of the retail sale of jet fuel. The jet fuel excise tax levied on the purchase of jet fuel by each purchaser of jet fuel in each calendar year shall be as follows:

1. The first ten million gallons of jet fuel shall be taxed at a rate of 3.05 cents per gallon.

2. From and after June 30, 1992, any amounts over ten million gallons of jet fuel shall be taxed at a rate of 2.05 cents per gallon.

3. From and after June 30, 1993, any amounts over ten million gallons of jet fuel shall be taxed at a rate of 1.05 cents per gallon.

4. From and after June 30, 1994, any amounts over ten million gallons of jet fuel shall not be subject to tax.

B. Except as provided in subsections C and D, a jet fuel use tax is levied and imposed on the storage, use or consumption in this state of jet fuel purchased from a retailer at the same tax rate imposed by subsection A in any case in which the tax imposed by subsection A has not been paid to the state. The tax imposed by this section applies to any purchaser which purchased jet fuel for resale but subsequently uses or consumes the jet fuel.

C. A receipt, invoice or other valid transaction document given to the purchaser by a retailer who maintains a place of business in this state or by a retailer who is licensed by the department to pay the tax imposed by subsection A and which either shows that the tax imposed by subsection A has been separately charged by the retailer or expressly states that the total charge is inclusive of the tax imposed by subsection A is sufficient to relieve the purchaser from further liability for the tax imposed by subsection B.

D. The tax levied by this article does not apply to the sale or use of jet fuel which has already been subjected to an excise tax under the laws of another state of the United States, whether imposed on a gallonage, percentage or other basis, which is equal to or exceeds the tax imposed by this article. If the excise tax imposed under the laws of another state of the United States is less than the tax imposed by this article, then a credit in the amount of the tax imposed by the other state shall be allowed against the tax imposed under this article.