The purpose of the Special Fuel Tax Exemption Certificate is to enable the certificate holder to purchase certain fuel without paying the Maryland motor fuel tax. The certificate holder then does not have to apply for a refund of motor fuel taxes on fuel used in a tax-exempt manner. Exemption certificates are only issued to persons maintaining fixed bulk storage for special fuels. A special fuel is any fuel other than gasoline, which is sold for use in motor vehicles. This exemption applies only to Maryland motor fuel taxes, and it does not apply to Maryland sales and use taxes or federal excise taxes. Exemption certificates are not valid for retail fuel purchases.
PRE-APPROVAL: An application must include the following information:
- The applicant's legal name and address.
- The applicant's federal identification number.
- Type of ownership and type of business.
- Types of fuel used or sold.
- Number of highway and non-highway vehicles.
- Corporate officer information.
- Location of any bulk storage.
POST-APPROVAL: Exemption certificates are renewable annually. A person who possesses a Special Fuel User or Sellers License must file monthly reports, pay taxes on time and file an annual surety bond prior to the exemption being renewed. An exemption may be canceled for cause any time during the year for non-compliance with applicable laws or regulations. When exemptions are canceled for cause all special fuel purchases become taxable and the tax is not refundable.
A bulk storage tank may require the approval of the local planning and zoning board, the State Fire Marshal's office, the Maryland Department of Environment and, depending on location, the U.S. Coast Guard.
- An applicant submits an application.
- The Comptroller of Maryland determines the exemption classification to which the applicant is entitled.
- The exemption certificate is mailed to the applicant.
- Upon receipt of the exemption certificate, the applicant gives the assigned exemption certificate number to the fuel supplier each time fuel is obtained.
- The effective date of an exemption number is never backdated.
The average processing time is 10 days.
There is no fee.
A person may appeal cancellation of an exemption to the appropriate circuit court within 30 days.
STATE: Tax-General Article, Title 9, Subtitle 3, Annotated Code of Maryland; COMAR 03.03.01
Motor-fuel, Alcohol and Tobacco Tax Unit
P.O. Box 2999
Annapolis, MD 21404-2999