• LDR disagrees with welding company: fuel is not excluded from sales tax, despite the written law saying as much
  • May 23, 2017 | Author: Nicole Gould Frey
  • Law Firm: Breazeale, Sachse & Wilson, L.L.P. - Baton Rouge Office
  • The "sale or purchase by a person of any fuel or gas" has been excluded from sales taxes since July 1, 2008. Nevertheless, LDR claims the written law is mistaken and takes the position that the spirit of the Act was only to exclude purchases of butane and propane. The Department's position is untenable; it is not free to ignore the letter of the law. The Louisiana Board of Tax Appeals is considering the matter for welding fuel purchases in Metal USA Plates & Shapes Southeast, Inc. v. Robinson (BTA 9342D) consolidated with O'Neal Steel Louisiana, LLC v. Robinson, (BTA 9250).

    Consumers of fuel used anywhere but on the highway should consider making a refund claim for sales taxes paid as far back as January 2014. Additionally, those consumers should consider making its next sales tax payments under protest followed by suit for refund. Businesses in aviation or marine transit or shipping stand to benefit the most. The exclusion was fully suspended and subject to the full 5 cents from April 1 to June 30, 2016 and is partially suspended and subject to 3 cents thereafter until June 30, 2018.

    "Any one may so arrange his affairs that his taxes shall be as low as possible; he is not bound to choose that pattern which will best pay the Treasury; there is not even a patriotic duty to increase one's taxes." - Learned Hand