Texas 06 352 Form in PDF Modify Texas 06 352 Here

Texas 06 352 Form in PDF

The Texas 06 352 form is an essential document for entities looking to purchase tax-free dyed diesel fuel. This form serves as a declaration that the diesel fuel bought will not be used in motor vehicles on public highways, streets, or roads, nor will it be resold or consumed outside of Texas. Those considering this tax-exempt option must carefully read and accurately fill out the form to certify their compliance with specific usage guidelines and avoid potential penalties.

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In the realm of fuel transactions within Texas, the Texas 06 352 form plays a pivotal role, especially for entities engaging in the purchase of dyed diesel fuel intended for tax-exempt purposes. This specific form, formally referred to as the Texas End User Signed Statement for Purchasing Tax-Free Dyed Diesel Fuel, serves as a declaration by the purchasing entity to abide by specific stipulations regarding the use of the purchased fuel. Entities are required to provide comprehensive details including the name and address of the selling supplier or distributor, the end-user's identifying information, and the parent corporation's details if applicable. The core of the form focuses on attesting that the dyed diesel fuel will not be used in motor vehicles on public highways, streets or roads, will be consumed entirely within Texas, and will not be resold or delivered into the fuel tanks of motor vehicles operating on public avenues. Additionally, the form addresses the purchase volume, limiting entities to less than 10,000 gallons per month unless a Letter of Exception is obtained for purposes like oil or gas production, which extends the limit up to 25,000 gallons. By signing this statement, purchasers acknowledge their understanding of the legal implications, including fines and criminal penalties, for providing false information. This form underscores Texas's regulatory framework for ensuring dyed diesel fuel, which is tax-exempt due to its intended use in non-transportation-related activities, is not misused in a manner that evades fuel taxation.

Texas 06 352 Sample

06-352 (Rev.8-09/8)

TEXAS END USER SIGNED STATEMENT FOR PURCHASING TAX-FREE

DYED DIESEL FUEL

Selling supplier or distributor:

Address:

Purchasing entity name

End user signed statement number

Address

Beginning effective date

Taxpayer number

If the p urc has e r is a d iv is io n o f a c o rp o ratio n, g iv e the nam e and ad d re s s o f the p are nt c o rp o ratio n, no t the d iv is io n DBA nam e .

Parent corporation name:

Address:

PLEASE READ CAREFULLY BEFORE SIGNING

1.

Will you use any of this diesel fuel in a motor vehicle on public highways, streets or roads?

YES

2.

Will you resell any of this diesel fuel?

YES

3.

Will you purchase more than 10,000 gallons per month?

YES

NO NO NO

If any answer is "YES," you may not legally sign this statement.

EXCEPTION: A purchaser using an End User Signed Statement Number to purchase dyed diesel fuel for exclusive use in oil or gas production must

also furnish a Letter of Exception issued by the Comptroller to authorize the purchase of up to 25,000 gallons per month.

NOTE: THIS IS YOUR MASTER COPY. PLEASE RETAIN IN YOUR FILES AND MAKE COPIES AS NEEDED.

I DECLARE THAT:

none of the dyed diesel fuel purchased on this signed statement will be used on public highways, streets or roads;

all of the dyed diesel fuel purchased on this signed statement will be consumed by the purchaser in Texas and will not be resold; and

none of the dyed diesel fuel purchased on this signed statement will be delivered or permitted to be delivered into the fuel supply tanks of motor vehicles operating on public highways, streets or roads in this state.

I am aware that certain fines and criminal penalties are provided by law for giving a false diesel fuel signed statement.

Name of purchaser (Type or print)

By:

Purchaser or authorized representative (Type or print)

Signature of authorized representative

For information, call (800) 252-1383

or (512) 463-4600.

Date

File Characteristics

Detailed Guide for Writing Texas 06 352

Filling out the Texas 06-352 form is a straightforward process that allows entities to purchase tax-free dyed diesel fuel. This form is essential for businesses that require dyed diesel for their operations and must be completed accurately to comply with Texas state regulations. Once submitted, this form ensures that your business can legally acquire dyed diesel fuel without the standard taxation, provided it is used in accordance with the stipulations set forth by the state. Follow these steps carefully to ensure your form is properly filled out and compliant with Texas laws.

  1. Start by entering the selling supplier or distributor's name and address in the designated fields at the top of the form.
  2. In the "Purchasing entity name" field, write the legal name of your entity as recognized by the state of Texas.
  3. Fill in the "End user signed statement number" with the number assigned to your entity, if applicable.
  4. Enter your entity's address in the space provided.
  5. If your purchase is for a division of a corporation, provide the parent corporation name and address, not the division's information.
  6. Specify the "Beginning effective date" for when you plan to start purchasing dyed diesel under this statement.
  7. Input your "Taxpayer number" in the designated field.
  8. Answer the questions provided by checking "YES" or "NO". Keep in mind if any answer is "YES," you are not eligible to sign this statement unless purchasing for exclusive use in oil or gas production with a Letter of Exception.
  9. In the declaration section, review the commitments you are making regarding the use of the dyed diesel fuel.
  10. Enter the name of the purchaser by typing or printing clearly.
  11. In the "By:" field, type or print the name of the purchaser or authorized representative who is filling out the form.
  12. The authorized representative should sign in the "Signature of authorized representative" field.
  13. Finally, fill in the date when the form is being signed.

After you've completed and signed the form, keep the master copy for your records and make copies as needed. This document is crucial for auditing and compliance purposes, ensuring your business adheres to Texas regulations regarding the tax-free purchase of dyed diesel fuel. Should you have questions, the contact information provided at the bottom of the form connects you with state representatives who can assist further.

Common Questions

What is the Texas 06 352 form?

The Texas 06 352 form is a legal document used in the state of Texas for purchasing tax-free dyed diesel fuel. This form serves as an end-user signed statement, clarifying that the diesel fuel bought will not be used on public highways, streets, or roads; it will not be resold, and it will be consumed only by the purchaser in Texas. It's designed specifically for entities that use diesel fuel for purposes other than operating motor vehicles on public roads.

Who needs to fill out the Texas 06 352 form?

Entities that purchase dyed diesel fuel in Texas for use in non-road activities need to fill out the form. These might include agricultural businesses, construction companies, and others who use diesel fuel for machinery and equipment not intended for public roadway use. It is pivotal for purchasers to formally declare their intended use of the fuel to qualify for tax exemption.

What happens if you answer "Yes" to any questions on the form?

If the purchaser answers "Yes" to any of the questions regarding the use of diesel fuel in motor vehicles on public highways, the resale of the diesel fuel, or planning to purchase more than 10,000 gallons per month (except for oil and gas production purposes with a Letter of Exception), it indicates that the buyer may not qualify for the tax exemption. Therefore, they cannot legally sign the statement to purchase tax-free dyed diesel fuel under the terms outlined in the Texas 06 352 form.

What are the consequences of providing a false statement on the Texas 06 352 form?

The Texas 06 352 form carries legal weight, and any false statement made knowingly can lead to fines and criminal penalties. By signing the form, the purchaser attests to the accuracy of their declarations regarding the use of the purchased fuel, underlining the seriousness of the commitment to adhere to the stipulated conditions for tax exemption.

What is dyed diesel fuel, and why is it significant in this context?

Dyed diesel fuel is diesel that has been dyed to indicate that it is not intended for use in on-road vehicles and therefore is exempt from certain taxes. The dye is a visual marker meant to deter and detect illegal use in on-road vehicles. The significance of dyed diesel in the context of the Texas 06 352 form lies in its tax-exempt status for specific uses, ensuring compliance with state tax regulations.

How and where do you submit the Texas 06 352 form?

The completed Texas 06 352 form should be submitted to the selling supplier or distributor from whom the dyed diesel fuel is being purchased. The purchaser retains the master copy of the form for their records and may need to present it during audits or compliance checks. It's vital to ensure that all information on the form is accurate before submission.

Can you purchase more than 10,000 gallons of dyed diesel fuel per month?

Yes, but with specific conditions. While the Texas 06 352 form initially disqualifies purchasers planning to buy more than 10,000 gallons per month, there is an exception for those purchasing for exclusive use in oil or gas production. In such cases, the purchaser must furnish a Letter of Exception issued by the Comptroller, authorizing the purchase of up to 25,000 gallons per month.

Common mistakes

When completing the Texas 06 352 form, which is used for the purchase of tax-free dyed diesel fuel, individuals often overlook certain details or make mistakes that could impact their ability to legally use the fuel as intended. Being attentive to the accuracy and comprehensiveness of the information provided is crucial to avoid complications. Here are six common mistakes:

  1. Not providing complete information on the purchasing entity: It is essential to fill out all required sections regarding the purchasing entity, including the full legal name, address, and taxpayer number. If the purchaser is a division of a corporation, the name and address of the parent corporation must also be included, not just the division's details.

  2. Incorrectly answering usage questions: Questions regarding the intended use of the dyed diesel fuel must be answered accurately. Affirming the use of the fuel in motor vehicles on public highways, streets, or roads; intentions to resell the fuel; or purchasing more than the allowed amount without the necessary authorization can disqualify the purchase under the terms of the form.

  3. Omitting the date and signature: The form requires a signature from an authorized representative of the purchasing entity, along with the date. Failure to include a signature or date can render the form invalid.

  4. Failure to retain the master copy: The instructions specify that the form serves as a master copy which should be retained in the purchaser's files. Making copies as needed is recommended, but the original should be kept securely to ensure compliance.

  5. Overlooking the need for a Letter of Exception: Purchasers intending to use dyed diesel fuel exclusively for oil or gas production and requiring more than the standard volume must furnish a Letter of Exception from the Comptroller. Neglecting to include this document when necessary can complicate legal authorization for the purchase.

  6. Not contacting for information when in doubt: The form provides contact information for individuals needing assistance. Ignoring the provided resources and not seeking clarification on filling out the form correctly can lead to errors or omissions that could have been easily avoided.

In sum, accuracy, thoroughness, and adherence to the detailed instructions provided in the form are paramount. These mistakes, while common, can be easily avoided by paying careful attention to the form's requirements and seeking guidance as needed.

Documents used along the form

When engaging with the Texas 06-352 form, which is a Texas End User Signed Statement for Purchasing Tax-Free Dyed Diesel Fuel, individuals and entities declare their intention to use dyed diesel fuel in a manner that is compliant with specific tax exemptions. This form is crucial for businesses that need to ensure they are adhering to the state's tax regulations regarding fuel usage. Alongside this form, several other documents are often utilized to maintain compliance, manage financial responsibilities, or support the assertions made in the 06-352 form. Understanding these documents can help entities navigate the regulatory environment more effectively.

  1. Letter of Exception: Issued by the Comptroller, this document authorizes the purchase of up to 25,000 gallons per month for exclusive use in oil or gas production, under conditions where standard limitations might otherwise apply. It serves to grant specific exemptions beyond the typical allowances.
  2. IRS Form 8849 (Schedule 1): This is a Claim for Refund of Excise Taxes form. Entities might use it to request refunds for taxes paid on fuel that was used in exempt manners, not commonly associated with public highway use. It complements the 06-352 form by providing a pathway to reclaim funds for tax-exempt fuel usage as declared.
  3. Texas Application for Texas Agricultural and Timber Exemption Registration Number (Ag/Timber Number): This form is for entities engaged in agricultural or timber operations seeking sales tax exemptions on eligible purchases, including certain fuel types. Its relevance ties back to the 06-352 form when the purchased fuel is intended for exempt agricultural or timber operations.
  4. Comptroller's Motor Fuel Tax Permit Application: For entities involved in the wholesale, retail, or distribution of motor fuel, obtaining this permit is essential. It ensures the legal handling and taxation of fuel, complementing the 06-352 form's focus on the proper use and tax exemption of dyed diesel fuel.
  5. Uniform Sales & Use Tax Exemption/Resale Certificate - Multijurisdiction: Often accompanying transactions that involve goods or services crossing state lines, this certificate helps entities claim sales tax exemption on purchases made for resale or production. While not exclusively related to fuel, it can pertain to transactions involving the purchase of dyed diesel fuel for non-taxable uses.

Together, these documents form a suite of tools that businesses and individuals can use to navigate the regulatory landscape surrounding fuel usage and taxation. By understanding and utilizing these forms judiciously, entities can ensure compliance, optimize financial outcomes, and support their operational needs effectively. Each document serves its unique purpose, but in concert, they facilitate a clearer understanding and management of tax-exempt fuel transactions in Texas.

Similar forms

The Texas 06 352 form, which pertains to the tax-free purchase of dyed diesel fuel, shares similarities with various other tax-related documents. One such example is the Form W-9, Request for Taxpayer Identification Number and Certification. This document is used to provide the correct taxpayer identification number to entities that are required to file information returns with the IRS. Both the 06 352 form and the W-9 form require the entity's taxpayer number, affirming their tax status and eligibility for certain tax treatments.

Another document with similarities is the Uniform Sales & Use Tax Exemption/Resale Certificate, which allows businesses to purchase goods without paying sales tax if the merchandise is to be resold. Similar to the Texas 06 352 form, it requires the purchaser to declare the purpose of the goods being exempt from tax at the point of sale. Both forms require the buyer to certify the accuracy of their claims to avoid legal penalties.

The Form 8849, Claim for Refund of Excise Taxes, is also akin to the Texas 06 352 form. It allows taxpayers to claim refunds on taxes paid on fuel that was used for nontaxable purposes. Both documents involve the treatment of fuel consumption, but they serve opposite ends—one for tax exemption at purchase, and the other for tax refunds after purchase.

The Texas Application for Fuel Tax Permit mimics the Texas 06 352 in its focus on fuel transactions. Businesses engaged in the buying, selling, or importing of fuel in Texas need this permit to operate legally. Like the 06 352 form, it helps regulate fuel transactions to ensure compliance with state tax laws.

Similarly, the IRS Form 720, Quarterly Federal Excise Tax Return, which businesses use to report and pay excise taxes including those on fuels, resonates with the 06 352 form. Both forms deal with the regulatory aspects of fuel consumption but from different tax perspectives—state versus federal.

The Texas Direct Pay Permit Application, like the 06 352 form, grants qualified purchasers the ability to buy goods and services tax free if they are used in a manner that qualifies as nontaxable. Both require specific qualifications and involve a certification process to ensure compliance with Texas tax laws.

Finally, the Agricultural and Timber Exemption Registration Number (Ag/Timber Number) application in Texas allows qualifying agricultural and timber producers to buy certain items tax-free, including off-road diesel fuel. This echoes the 06 352 form's objective of tax exemption for designated uses to promote certain economic activities within the state. Both forms play crucial roles in facilitating tax-exempt purchases under specific conditions.

Dos and Don'ts

When completing the Texas 06 352 form, a crucial document for the tax-free purchase of dyed diesel fuel in Texas, being mindful of the dos and don’ts is essential to ensure compliance and avoid any legal complications. Below is a guide crafted to help individuals and entities navigate the intricacies of this process effectively.

  • Do read the entire form carefully before filling it out. This ensures you understand the purposes for which you can legally purchase dyed diesel fuel tax-free and the responsibilities that come with its use.
  • Do confirm that the dyed diesel fuel will not be used in motor vehicles on public highways, streets, or roads, as certifying otherwise would be against the regulations.
  • Do ensure all the information you provide, including the purchaser entity's name, address, and taxpayer number, is accurate and up-to-date to avoid delays or legal issues.
  • Do include the name and address of the parent corporation instead of the division making the purchase, if applicable, to ensure the legal entity responsible for this declaration is correctly identified.
  • Do keep the master copy of the completed and signed form in your files, as suggested, and make copies as needed for your records and future transactions.
  • Don't sign the statement if you plan to use any of the diesel fuel in motor vehicles on public highways, as doing so is against the law and could result in fines or penalties.
  • Don't leave any required fields empty. Incomplete forms may not be processed, leading to delays or denial of your application to purchase dyed diesel fuel tax-free.
  • Don't disregard the requirement to furnish a Letter of Exception from the Comptroller if you are purchasing dyed diesel fuel for exclusive use in oil or gas production and need to buy more than 10,000 gallons per month.
  • Don't underestimate the importance of the declaration section. Incorrectly stating your intentions or the use of the dyed diesel fuel can have serious legal consequences, including fines and criminal penalties.

Adhering to these guidelines will not only facilitate a smoother transaction process but also protect you from potential legal ramifications. If in doubt, consulting with a professional or the provided contact numbers for information may provide additional clarity and ensure compliance.

Misconceptions

Understanding the Texas 06-352 form, a vital document for entities purchasing tax-free dyed diesel fuel, demands clarity about its purpose and regulations. Misconceptions can lead to improper use or compliance issues. Here are eight common misunderstandings about this form:

  • All businesses can use dyed diesel fuel for any purpose: The truth is that the 06-352 form clearly stipulates that the purchased dyed diesel fuel cannot be used for vehicles operating on public highways, streets, or roads. It's mainly for farming, off-road vehicles, and certain industrial equipment.
  • Any amount of dyed diesel fuel can be purchased tax-free: While it's true that dyed diesel fuel is tax-exempt, this form requires the purchaser to declare that they will not purchase more than 10,000 gallons per month without specific authorization. There are exceptions, but they require additional documentation.
  • The form allows for resale of dyed diesel fuel: The statement on the form prohibits the resale of any dyed diesel fuel purchased under this document, ensuring it's only used by the end consumer for its intended tax-exempt purposes.
  • There are no penalties for incorrect use: The declaration includes acknowledgment of fines and criminal penalties for providing false information regarding the intended use of the dyed diesel fuel.
  • Any false statement is inconsequential: Signing the 06-352 form with false information can lead to severe legal consequences, including fines and criminal charges, given the strict regulations around fuel usage and taxation.
  • Dyed diesel fuel can be used in any type of machinery: While dyed diesel fuel is exempt from certain taxes, its use is restricted. The fuel purchased with this form is for specific non-road purposes and cannot legally power vehicles on public roads.
  • The form is only for corporations: Although the form asks for information if the purchaser is a division of a corporation, it does not exclude sole proprietors, partnerships, or other legal entities from purchasing dyed diesel fuel tax-free for eligible purposes.
  • You can submit the form electronically without a signature: The form requires a physical signature from an authorized representative of the purchasing entity, underscoring the importance of the declaration and the need for accountability in its submission.

Careful adherence to the stipulations on the Texas 06-352 form not only ensures compliance with state tax laws but also supports the integrity of fuel usage and management practices. Understanding these misconceptions is crucial for entities that plan to utilize tax-free dyed diesel fuel within Texas.

Key takeaways

Understanding the Texas 06 352 form, officially known as the Texas End User Signed Statement for Purchasing Tax-Free Dyed Diesel Fuel, is crucial for entities looking to purchase dyed diesel fuel without paying the tax that would typically apply. This form presents a specific set of criteria and responsibilities for the purchaser, ensuring the fuel's proper use and compliance with Texas laws.

  • Eligibility and Restrictions: To fill out the form, you must confirm that the dyed diesel fuel will not be used in motor vehicles on public highways, streets, or roads; it won’t be resold; and it will be consumed entirely within Texas. Confirming these conditions ensures eligibility for tax-free purchases under the regulations governing dyed diesel in Texas.

  • Accurate Information is Critical: When completing the form, providing accurate information about your entity, including the name, address, and if applicable, the parent corporation details, is essential. This accuracy is necessary for both the legality of the form and for future reference or audits.

  • Understanding Volume Limits: The form asks if you will purchase more than 10,000 gallons per month. A “Yes” answer would typically disqualify most purchasers from signing the form. However, an exception is made for purchasers involved in oil or gas production, who can obtain a Letter of Exception from the Comptroller to authorize purchases of up to 25,000 gallons per month.

  • Keep the Master Copy: After filling out the form, it’s critical to retain the master copy in your files. This document should be readily available for review or verification, ensuring compliance with Texas regulations and facilitating any potential audits or inquiries related to the tax-exempt purchase of dyed diesel fuel.

  • Legal Accountability: By signing the form, the purchaser or authorized representative declares understanding and adherence to the restrictions stated. It’s a legal acknowledgment that false statements can result in fines or criminal penalties, highlighting the importance of truthfulness and compliance in the process.

For assistance or more information regarding the Texas 06 352 form and its requirements, purchasers can contact the provided phone numbers. Compliance with these guidelines not only fulfills legal obligations but also ensures the smooth procurement of dyed diesel fuel for qualified purposes.

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Different PDF Templates

Fact Name Description
Form Use This form is used for the tax-free purchase of dyed diesel fuel in Texas, primarily for non-highway purposes.
Governing Law The form is regulated under Texas state laws that govern the use and taxation of diesel fuel.
Eligibility Criteria To legally sign the statement, the purchaser must not use the diesel in motor vehicles on public highways, must not resell the fuel, and must consume the fuel in Texas.