Section 45IAC12-2-2. Imposition of tax; payment of tax by a licensed distributor; invoiced gallonage

   (a) A licensed distributor shall initially pay to the administrator the tax imposed upon the invoiced gallonage of all gasoline received by the licensed distributor in this state less any deductions authorized by this chapter [IC 6-6-1.1].

  (b) The term "invoiced gallonage" shall mean either the "gross" gallons or the "net" gallons which are received by a licensed distributor.

  (c) The licensed distributor shall initially elect to calculate tax liability entirely either on a "gross" gallon or a "net" gallon basis.

  (d) The licensed distributor shall not, subsequent to such election, change the basis upon which tax liability is calculated without the prior approval of the administrator.

  (e) For purposes of this section, any invoice or document, including a bill-of-lading, manifest or pipeline ticket, or exchange statement, which reflects the amount of gallonage transferred in a transaction shall be considered an invoice. That an invoice or document is not issued to a licensed distributor by the seller in a transaction does not preclude the licensed distributor's gasoline tax liability. (Department of State Revenue; Reg 6-6-1.1-201(020); filed Sep 19, 1983, 2:23 pm: 6 IR 2314)