15-70-121. International Fuel Tax Agreement. (1) The department of transportation may enter into the International Fuel Tax Agreement for audits, exchange of information, and collection and distribution of motor fuel taxes pertaining to users of motor fuel in fleets of motor vehicles operated or intended to operate across jurisdictional boundaries. The International Fuel Tax Agreement is not effective unless it is in writing and is signed by the department and the department has adopted rules implementing the agreement.
     (2) The agreement may determine:
     (a) the base jurisdiction for motor fuel users;
     (b) motor fuel user records requirements;
     (c) audit procedures;
     (d) procedures for the exchange of information;
     (e) persons eligible for tax licensing;
     (f) the definition of qualified motor vehicles;
     (g) bonding requirements;
     (h) reporting requirements and periods;
     (i) uniform penalty and interest rates for late reporting or payment of taxes;
     (j) methods for collecting and forwarding of motor fuel taxes and penalties to another jurisdiction; and
     (k) other provisions to facilitate the administration of the agreement.
     (3) The department may, as required by the terms of the agreement, forward to officers of another jurisdiction any information in its possession relative to the manufacture, receipt, sale, use, transportation, or shipment of motor fuel. The department may disclose to officers of another jurisdiction the location of offices, motor vehicles, and other real and personal property of users of motor fuel.
     (4) The agreement may provide each jurisdiction authority to audit the records of persons based in the jurisdiction to determine if the motor fuel taxes due each jurisdiction are properly reported and paid. Each jurisdiction shall forward the findings of the audits performed on persons based in the jurisdiction to each jurisdiction in which the person has taxable use of motor fuel. For a person not based in Montana who has taxable use of motor fuel in Montana, the department may serve the audit findings received from another jurisdiction in the form of an assessment on the person, as though an audit was conducted by the department.
     (5) The agreement entered into pursuant to this section does not preclude the department from auditing the records of any person covered by the provisions of this chapter.
     (6) If the specific requirements of the agreement, as the agreement reads on the effective date of adoption by the department, differ from the general provisions of this chapter or other rules promulgated by the department, the rules implementing the cooperative agreement prevail.
     (7) The legal remedies for a person served with an order or assessment under this section are as prescribed in this chapter.
     (8) As used in this section:
     (a) "agreement" means the International Fuel Tax Agreement provided for in this section; and
     (b) "motor fuel" means gasoline as defined in 15-70-201 and special fuel as defined in 15-70-301.

     History: En. Secs. 1, 2, Ch. 111, L. 1989; amd. Sec. 8, Ch. 512, L. 1991.