Minnesota Administrative Rules

8125.0410 DISTRIBUTOR'S LICENSES.

Subpart 1.

Exemption from depositing securities or filing a bond.

The commissioner will determine which distributor license applicants are financially responsible and, as a result, qualify for the statutory exemption from depositing securities or filing a bond, by taking into consideration all relevant factors. Those factors include the following:

A.

whether the applicant's financial statement reflects that the applicant's current assets are at least equal to its current liabilities and that the applicant's net worth is at least three times its average quarterly motor fuel tax liability;

B.

whether the applicant has failed to file or has been delinquent in filing any motor fuel tax returns;

C.

whether the applicant has ever failed to pay its motor fuel tax liability, paid it late, or paid with a check that was later returned by the bank unpaid; and

D.

any other evidence of the financial responsibility of the applicant.

Subp. 2.

Seizure.

The seizure authorized by Minnesota Statutes, section 296A.24, will be performed by the commissioner of revenue or authorized designee in cases where there is an intent to evade the tax imposed by Minnesota Statutes, chapter 296A. Intent to evade the tax will be presumed if the manifest either does not list a shipper or lists a shipper not a licensed distributor under Minnesota Statutes, chapter 296A, and the consignee is not listed or is not a licensed distributor under Minnesota Statutes, chapter 296A.

Statutory Authority:

MS s 270.06; 270C.06

History:

17 SR 351; L 2005 c 151 art 1 s 114

Published Electronically:

November 14, 2006