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Overview

The Hawaii M 38 form serves as a crucial document for individuals and businesses utilizing diesel oil and liquefied petroleum gas (LPG) in ways that do not involve public highways. This form, officially known as the Exemption Certificate for Diesel Oil and Liquefied Petroleum Gas Used Off Public Highways, is designed to facilitate tax exemptions for fuel used in motor vehicles or internal combustion engines in off-highway applications. When filling out this form, users must provide essential information, including the name of the purchaser, the type of fuel being purchased, and the name of the distributor. This certificate must be prepared in triplicate: one copy for the distributor, one for the tax office, and one for the taxpayer's records. Importantly, the form emphasizes the responsibility of the purchaser to affirm that the fuel will be used off public highways, as misuse can lead to penalties or revocation of the certificate. Additionally, the Hawaii Department of Taxation outlines specific instructions regarding when to furnish this certificate, the potential for tax refunds, and the consequences of failing to provide it. Understanding these aspects is vital for compliance and to avoid unnecessary tax liabilities. Whether for a small business or a large corporation, the Hawaii M 38 form plays a significant role in managing fuel taxes effectively.

Document Preview Example

FORM M-38

 

STATE OF HAWAII

 

 

Year

 

(REV. 2001)

 

DEPARTMENT OF TAXATION

 

20

 

 

 

 

EXEMPTION CERTIFICATE

 

 

 

 

 

FOR DIESEL OIL AND LIQUEFIED PETROLEUM GAS USED OFF PUBLIC HIGHWAYS

 

 

 

(Chapter 243, HRS)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Name of individual, corporation, or partnership

 

Hawaii GE/Use Id. No. (if any)

 

 

 

 

 

 

 

 

 

PREPARE THIS CERTIFICATE

 

 

 

 

 

IN TRIPLICATE AS FOLLOWS:

 

 

Name under which business is operated

 

 

 

 

 

 

 

 

 

 

 

Please

 

 

 

1.

Original for Distributor

 

Print

 

 

 

2. Copy for Tax Office

 

Business address (Number and Street)

 

 

 

or

 

 

 

3. Copy for Taxpayer

 

Type

 

 

 

For filing requirements, see the

 

City, Town

 

Island

 

 

 

 

 

instructions below for WHEN TO

 

 

 

 

 

FURNISH A CERTIFICATE.

 

 

Name of Distributor

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This certificate is hereby issued in the foregoing name indicated above for the purchase of

 

 

and

 

 

 

 

 

 

(Type of Fuel)

 

the said person affirms that the use of such fuel purchased is for operating a motor vehicle or motor vehicles in areas other than upon the public highways of the State. It is further understood that the misuse of this certificate will lead to its revocation and/or the penalties provided by law.

I declare under the penalties set forth in section 231-36, HRS, that this is a true and correct certificate, prepared in accordance with the provisions of the Fuel Tax Law, Chapter 243, HRS, and the Hawaii administrative rules issued thereunder.

Signature

Title

Date

INSTRUCTIONS FOR FUEL EXEMPTION CERTIFICATE

(FORM M-38)

1.General Rule. The following persons shall furnish an Exemption Certificate (FORM M-38) to the distributor thereof as provided under sections 243-4(b) and (c), HRS:

a.Every purchaser of diesel oil who uses such fuel in a motor vehicle in areas other than upon the public highways of the State, or

b.Every purchaser of liquefied petroleum gas who uses such fuel in an internal combustion engine or a motor vehicle in areas other than upon the public highways of the State.

2.Exception. An Exemption Certificate shall not be required if liquefied petroleum gas is used for fuel and heating purposes and not used in operating an internal combustion engine.

3.When to Furnish a Certificate. An Exemption Certificate shall be furnished to the distributor annually or whenever a change is anticipated in the use of the fuel. For example, whenever a change is anticipated from highway use to off highway use or from off highway to highway use, the purchaser shall notify the distributor in writing to this effect. The purchaser shall also file a copy of the Exemption Certificate with the Tax Collector in his taxation district.

4.Failure to Furnish Certificate. In the event an Exemption Certificate is not or cannot be furnished to the distributor, the tax shall be imposed upon all sales for operating a motor vehicle and collected as if the fuel is to be used for operating a motor vehicle upon the public highways of the State.

5.Refund of Taxes. A purchaser may obtain refund of all taxes imposed under sections 243-4(b) (1) through (4) and 243-4(c) (2), HRS, by filing a Combined Claim for Refund of Fuel Taxes (FORM M-36) with the Tax Collector in the purchaser’s taxation district in a situation where:

a.The tax was imposed and collected because the purchaser failed to furnish an Exemption Certificate but, in fact, the fuel was ultimately used off the public highways (not including the use for operating an internal combustion engine in the case of liquefied petroleum gas) or,

b.The fuel purchased was initially intended for use upon the public highways but was subsequently used off the public highways.

6.Purchase of More than One Type of Fuel. If both diesel oil and liquefied petroleum gas are purchased for use off the public highways (in motor vehicles or internal combustion engines), separate Exemption Certificates shall be furnished to the distributor covering the use of each fuel.

7.Additional Information to be Submitted by Purchaser. If the fuel is not used off the public highways, the purchaser shall, in addition to furnishing an Exemption Certificate to the distributor, furnish a separate statement at the time of each purchase showing:

a.Breakdown as to the diesel oil to be used upon the public highways and/or off the public highways.

b.Breakdown as to the liquefied petroleum gas to be used upon the public highways and/or off the public highways (operating an internal combustion engine).

8.Liability for Additional Taxes. Every purchaser of diesel oil or liquefied petroleum gas who furnishes an Exemption Certificate to a distributor for the purchase of fuel initially intended for use off the public highways but subsequently uses such fuel upon the public highways shall be liable for any additional taxes arising from the taxable use. In such event, the purchaser shall pay the additional taxes imposed by sections 243-4(b) (1) through (4) and 243-4(c) (2), HRS, by filing a Quarterly Tax Return for Additional Fuel Taxes Due on Fuel Initially Purchased for Use Off the Public Highways but Subsequently Used on the Public Highways (FORM M-22), with the Tax Collector in the purchaser's taxation district.

How to Fill Out Hawaii M 38

Completing the Hawaii M-38 form is essential for those purchasing diesel oil or liquefied petroleum gas for use off public highways. This process ensures compliance with state regulations regarding fuel use. The form must be filled out accurately to avoid penalties and to facilitate the proper handling of fuel tax exemptions.

  1. Begin by entering the name of the individual, corporation, or partnership that is purchasing the fuel.
  2. If applicable, include the Hawaii GE/Use ID Number.
  3. Provide the name under which the business is operated.
  4. Fill in the business address, including the street number and name, city, town, and island.
  5. Specify the name of the distributor from whom the fuel is being purchased.
  6. Indicate the type of fuel being purchased, either diesel oil or liquefied petroleum gas.
  7. Affirm that the fuel will be used for operating a motor vehicle in areas other than public highways.
  8. Sign the form, including your title and the date of signing.
  9. Make three copies of the completed form: one original for the distributor, one copy for the tax office, and one copy for your records.

Common mistakes

Filling out the Hawaii M-38 form can seem straightforward, but there are common mistakes that can lead to complications. One frequent error is neglecting to provide the correct Hawaii GE/Use Id. No. If you have one, it is crucial to include it. This number helps the tax authorities identify your business and ensures that your exemption is processed correctly. Omitting this information can delay your application and may lead to additional tax liabilities.

Another common mistake is failing to sign the form. The signature is not just a formality; it serves as a declaration that the information provided is accurate and truthful. Without a signature, the form is considered incomplete, and you may face penalties. Take the time to review the form and ensure that all required signatures are in place before submission.

In addition, some individuals mistakenly use the form for purposes other than those intended. The M-38 form is specifically for diesel oil and liquefied petroleum gas used off public highways. If the fuel is used for heating or other purposes, a different form may be required. Misusing the form can lead to revocation of your exemption and financial penalties.

Another area where mistakes often occur is in the description of the fuel type. It is essential to clearly specify whether you are purchasing diesel oil or liquefied petroleum gas. If you are purchasing both, separate certificates are necessary for each type of fuel. Failing to differentiate between the two can result in complications when filing your taxes and might even lead to a denial of your exemption.

Lastly, many people overlook the requirement to notify the distributor of any changes in fuel use. If your intended use changes from off-highway to on-highway or vice versa, you must inform the distributor in writing. Not doing so can result in unexpected tax liabilities. Keeping accurate records and being proactive about changes can save you time and money in the long run.

Documents used along the form

The Hawaii M-38 form is essential for those purchasing diesel oil and liquefied petroleum gas for use off public highways. However, several other forms and documents are often used alongside it to ensure compliance with state regulations. Here’s a brief overview of those documents.

  • Combined Claim for Refund of Fuel Taxes (FORM M-36): This form allows purchasers to request a refund for taxes imposed when an Exemption Certificate was not provided, but the fuel was ultimately used off public highways.
  • Quarterly Tax Return for Additional Fuel Taxes Due (FORM M-22): If fuel initially purchased for off-highway use is later used on public highways, this form must be filed to report and pay any additional taxes owed.
  • Texas Employment Verification Form: This form is crucial for confirming an individual's employment status when applying for state benefits. For detailed information and to access the form, visit Texas Documents.
  • Fuel Tax Return (FORM M-20): This return is typically filed by distributors to report the sales of fuel and ensure that all taxes are properly accounted for and paid to the state.
  • Business Registration (Form BB-1): Businesses must register with the state to operate legally. This document provides essential information about the business entity and its operations.
  • Taxpayer Identification Number (TIN): This number is required for tax purposes and is often necessary when filling out various forms, including the M-38.
  • Exemption Certificate for Other Fuel Types: If a business uses other types of fuel that may qualify for exemptions, specific certificates for those fuels may also be required.

Understanding these forms and their purposes can help ensure that you remain compliant with Hawaii's tax regulations regarding fuel usage. Proper documentation not only helps avoid penalties but also facilitates smoother transactions with fuel distributors.

Obtain Answers on Hawaii M 38

What is the Hawaii M-38 form?

The Hawaii M-38 form is an Exemption Certificate for diesel oil and liquefied petroleum gas used off public highways. This form is issued by the State of Hawaii's Department of Taxation and is necessary for individuals, corporations, or partnerships purchasing these fuels for purposes other than operating vehicles on public highways.

Who needs to fill out the M-38 form?

Any purchaser of diesel oil or liquefied petroleum gas who intends to use the fuel in a motor vehicle or internal combustion engine in areas other than public highways must complete the M-38 form. This includes businesses and individuals who will use these fuels off-road or in non-highway applications.

When should the M-38 form be submitted?

The M-38 form should be furnished to the distributor annually or whenever there is a change in the intended use of the fuel. For instance, if a purchaser shifts from using fuel on public highways to using it off-road, they must notify the distributor in writing and submit the M-38 form accordingly.

What happens if the M-38 form is not provided?

If a purchaser fails to provide the M-38 form to the distributor, the tax will be imposed on all fuel sales as if the fuel were being used on public highways. This means that the purchaser may end up paying higher taxes than necessary if the fuel is actually used off-road.

Can I get a refund if I didn't submit the M-38 form?

Yes, a purchaser may obtain a refund of taxes if they can demonstrate that the fuel was ultimately used off public highways, despite not having submitted the M-38 form initially. To do this, they must file a Combined Claim for Refund of Fuel Taxes (FORM M-36) with the Tax Collector in their taxation district.

Do I need separate M-38 forms for different types of fuel?

Yes, if you are purchasing both diesel oil and liquefied petroleum gas for off-highway use, you must provide separate M-38 forms for each type of fuel. This ensures that the distributor has the correct documentation for both fuel types.

What additional information must I provide if the fuel is not used off public highways?

If the fuel is not used off public highways, the purchaser must provide a separate statement at the time of each purchase. This statement should include a breakdown of the diesel oil and liquefied petroleum gas intended for use on public highways versus off public highways.

Document Attributes

Fact Name Fact Description
Form Purpose The Hawaii M-38 form is an Exemption Certificate for diesel oil and liquefied petroleum gas used off public highways.
Governing Law This form is governed by Chapter 243 of the Hawaii Revised Statutes (HRS).
Who Needs It? Every purchaser of diesel oil or liquefied petroleum gas for off-highway use must furnish this certificate to the distributor.
Exceptions An Exemption Certificate is not required if liquefied petroleum gas is used solely for heating purposes.
Filing Frequency The certificate must be provided annually or whenever there is a change in the intended use of the fuel.
Consequences of Non-Compliance If the certificate is not provided, taxes will be imposed as if the fuel is used on public highways.
Tax Refunds Purchasers can obtain refunds for taxes paid if they can prove the fuel was used off public highways.
Multiple Fuels Separate Exemption Certificates are required for diesel oil and liquefied petroleum gas if both are purchased for off-highway use.
Additional Statements Purchasers must provide additional statements detailing the breakdown of fuel use if not used off public highways.
Liability for Misuse Purchasers who misuse the certificate by using off-highway fuel on highways may incur additional taxes.

Misconceptions

Misconceptions about the Hawaii M 38 Form

  • Only businesses need to fill out the M 38 form. Individuals who purchase diesel oil or liquefied petroleum gas for off-highway use also need to complete this form.
  • The M 38 form is optional. It is mandatory for anyone using diesel oil or liquefied petroleum gas off public highways to provide this exemption certificate.
  • Filing the M 38 form is a one-time requirement. The form must be furnished annually or whenever there is a change in fuel use.
  • Using the fuel for heating does not require the M 38 form. If liquefied petroleum gas is used for heating and not for operating an internal combustion engine, no form is needed. However, if it is used in an engine, the form is required.
  • All fuel purchases require a single exemption certificate. Separate exemption certificates are necessary for different types of fuel, such as diesel oil and liquefied petroleum gas.
  • There are no penalties for misuse of the M 38 form. Misuse can lead to revocation of the certificate and potential legal penalties.
  • Refunds for taxes are not possible. A purchaser can obtain refunds if they file the appropriate claim after proving that the fuel was used off public highways.
  • Only the distributor needs to keep a copy of the M 38 form. The purchaser must also file a copy with the Tax Collector in their taxation district.
  • The M 38 form can be completed without detailed fuel usage information. A breakdown of fuel intended for highway versus off-highway use must be provided if applicable.
  • There are no consequences for failing to furnish the M 38 form. If the form is not provided, taxes will be imposed as if the fuel is used on public highways.

Key takeaways

Here are key takeaways about filling out and using the Hawaii M-38 form:

  • Purpose: The Hawaii M-38 form serves as an exemption certificate for diesel oil and liquefied petroleum gas used off public highways.
  • Who Needs It: Anyone purchasing diesel oil or liquefied petroleum gas for use in areas other than public highways must complete this form.
  • Exceptions: An exemption certificate is not needed if liquefied petroleum gas is used solely for heating and not in an internal combustion engine.
  • Annual Submission: The form must be provided to the distributor annually or whenever there is a change in fuel usage.
  • Tax Implications: If the certificate is not provided, taxes will be imposed on all fuel sales as if intended for highway use.
  • Refund Process: A purchaser can obtain a tax refund by filing Form M-36 if they paid taxes due to not providing the exemption certificate.
  • Multiple Fuels: Separate exemption certificates are required for each type of fuel purchased for off-highway use.
  • Additional Information: A separate statement is needed for fuel not used off public highways, detailing the intended use.
  • Liability for Misuse: If fuel purchased for off-highway use is later used on highways, the purchaser must pay additional taxes.
  • Filing Additional Taxes: Use Form M-22 to report and pay any additional taxes due if fuel is misused.