Publication 225 |
2000 Tax Year |
Fuels Used in Farming
You may be eligible to claim a credit or refund of excise taxes on
fuel used on a farm for farming purposes. This applies if you are the
owner, tenant, or operator of a farm. You can claim only a credit for
the tax on gasoline used on a farm for farming purposes. You can claim
either a credit or refund for the tax on aviation fuel used on a farm
for farming purposes. You cannot claim a credit or refund
for the tax on undyed diesel fuel or undyed kerosene used on a farm
for farming purposes or for any use of dyed diesel fuel or dyed
kerosene.
Fuel is used on a farm for farming purposes only if used in
carrying on a trade or business of farming, on a farm in the United
States, and for farming purposes.
Farm.
A farm includes livestock, dairy, fish, poultry, fruit, fur-bearing
animals, and truck farms, orchards, plantations, ranches, nurseries,
ranges, and feed yards for fattening cattle. It also includes
structures such as greenhouses used primarily for raising agricultural
or horticultural commodities. A fish farm is an area where fish are
grown or raised -- not merely caught or harvested.
Table 18-1
Farming purposes.
As the owner, tenant, or operator, you use fuel on a farm for
farming purposes if you use it in any of the following ways.
- To cultivate the soil or to raise or harvest any
agricultural or horticultural commodity.
- To raise, shear, feed, care for, train, or manage livestock,
bees, poultry, fur-bearing animals, or wildlife.
- To operate, manage, conserve, improve, or maintain your farm
and its tools and equipment.
- To handle, dry, pack, grade, or store any raw agricultural
or horticultural commodity. For this use to qualify, you must have
produced more than half the commodity so treated during the tax year.
The more-than-one-half test applies separately to each commodity.
Commodity means a single raw product. For example, apples and peaches
are two separate commodities.
- To plant, cultivate, care for, or cut trees or to prepare
(other than sawing logs into lumber, chipping, or other milling) trees
for market, but only if the planting, etc., is incidental to your
farming operations. Your tree operations are incidental only if they
are minor in nature when compared to the total farming
operations.
If any other person, such as a neighbor or custom operator,
performs a service for you on your farm for any of the purposes
included in (1) or (2), you are considered to be the person who used
the fuel on a farm for farming purposes. Therefore, you can still
claim the credit or refund for the fuel so used (other than for diesel
fuel or kerosene). However, see Custom application of fertilizer
and pesticide, later. If the other person performs any other
services for you on your farm for purposes not included in (1) or (2),
no one can claim the credit or refund for fuel used on your farm for
those other services.
Example.
Farm owner Nancy Blue hired custom operator Harry Steele to
cultivate the soil on her farm. Harry used 200 gallons of gasoline
that he purchased to perform the work on Nancy's farm. In addition,
she hired Contractor Brown to pack and store her apple crop. Brown
bought 25 gallons of gasoline to use in packing the apples. She can
claim the credit for the 200 gallons of gasoline used by Harry on her
farm because it qualifies as fuel used on the farm for farming
purposes. No one can claim a credit for the 25 gallons used by Brown
because they were not used for a farming purpose listed in (1) or (2)
earlier.
Buyer of fuel (other than diesel fuel or kerosene).
If doubt exists whether the owner, tenant, or operator of the farm
bought the fuel, determine who actually bore the cost of the fuel. For
example, if the owner of a farm and his tenant share the cost of
gasoline used on the farm 50-50, each can claim a credit for the
tax on half the fuel used.
Diesel fuel and kerosene.
If undyed diesel fuel or undyed kerosene is used for any of the
previously listed farming purposes, the fuel cannot be considered as
being used for any other nontaxable use. The credit or refund is
allowed only to the registered ultimate vendor. You cannot
claim a refund or credit for this fuel if it is used for farming
purposes. See How To Buy Diesel Fuel and Kerosene Tax Free,
later.
A registered ultimate vendor is the person who sells
undyed diesel fuel or undyed kerosene to the user (ultimate purchaser)
of the fuel for use on a farm for farming purposes. To claim a credit
or refund of tax, the person must be registered with the Internal
Revenue Service at the time the claim is made.
Custom application of fertilizer and pesticide.
Fuel used on a farm for farming purposes includes fuel used in the
aerial or other application of fertilizer, pesticides, or other
substances. You, as the owner, tenant, or operator, can claim the
credit or refund for the fuel (other than for diesel fuel or
kerosene). Or, you can waive your right to the claim and allow the
applicator to make the claim. If you waive your right, the applicator
is treated as having used the fuel on a farm for farming purposes and
can claim the credit or refund. See How To Claim a Credit or
Refund, later.
Waiver.
To waive your right to the credit or refund, you must take the
following actions.
- Before the applicator files his or her claim, sign an
irrevocable agreement stating that you knowingly give up your right to
the credit or refund. You can authorize an agent, such as a
cooperative, to sign the waiver for you.
- Identify clearly the period the waiver covers. The effective
period of your waiver cannot extend beyond the last day of your tax
year.
The applicator must retain a copy of the waiver and give you a
copy. Do not send a copy to the Internal Revenue Service
unless requested to do so.
The waiver can be a separate document or it can appear on an
invoice or another document from the applicator. If the waiver appears
on an invoice or other document, it must be printed in a section
clearly set off from all other material, and it must be printed in
type large enough to put you on notice that you are waiving your right
to the credit or refund. If the waiver appears as part of an invoice
or other document, it must be signed separately from any other item
that requires your signature.
The effective period of the waiver cannot extend beyond your
taxable year. When the period covered by the waiver extends beyond the
applicator's tax year, the applicator must wait until the next tax
year to claim the portion for that period.
Sample form of waiver.
While no specific form is required, an acceptable waiver of your
right to claim a credit or refund is shown in Table 18-2.
Fuel not used for farming.
You do not use fuel on a farm for farming purposes when you use it
in any of the following ways.
- Off the farm, such as on the highway or in noncommercial
aviation, even if the fuel is used in transporting livestock, feed,
crops, or equipment.
- For personal use, such as mowing the lawn.
- In processing, packaging, freezing, or canning
operations.
- In processing crude gum into gum spirits of turpentine or
gum resin or in processing maple sap into maple syrup or maple
sugar.
All-terrain vehicles (ATVs).
Fuel used in ATVs on a farm for farming purposes, discussed
earlier, is eligible for a credit or refund of excise taxes on the
fuel. Fuel used in ATVs for nonfarming purposes is not eligible for a
credit or refund of the taxes. If ATVs are used both for farming and
nonfarming purposes, only that portion of the fuel used for farming
purposes is eligible for the credit or refund.
Table 18-2
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