(1) The department may require IFTA licensees, or others as determined by the department, who fail to timely file a fuel tax return(s) or timely pay fuel tax liability to post a bond equivalent to twice the licensee's estimated quarterly tax liability, but not less than $500. The bond may be a surety, a certificate of deposit, or cash.

(2) The department may require a licensee to post a bond for non-compliance events including:

(a) three late quarterly filings in a three-year period; or

(b) non-payment or late payment of the tax liability of an IFTA quarterly tax return two or more times in a four-quarter period.

(3) A new bond may be required for each non-compliance infraction.

(4) The bond requirement will be removed and the bond released after three years if the licensee has timely complied with all applicable statutes and rules for those three years.

(5) The department, in its sole discretion, may waive the bond requirement if the late filing or the nonpayment was not in the control of the licensee.

(6) Failure to post a required bond within 30 days of issuance of an IFTA bond requirement notice may result in revocation of the IFTA license.


History: 15-70-104, MCA; IMP, 15-70-121, MCA; NEW, 2004 MAR p. 2278, Eff. 9/24/04; TRANS & AMD from ARM 18.10.124, 2016 MAR p. 1849, Eff. 10/15/16; AMD, 2018 MAR p. 588, Eff. 3/17/18; AMD, 2020 MAR p. 2238, Eff. 12/12/20.