State or Local Government

A credit or refund may be allowed for the excise tax on fuel used by a state or local government.

If undyed diesel fuel or undyed kerosene is used by a state, the fuel is not considered used for any other nontaxable use.

The fuel must be purchased by the state or local government for its exclusive use. A state or local government is any state, any political subdivision thereof, or the District of Columbia. An Indian tribal government is treated as a state only if the fuel is used in an activity that involves the exercise of an essential tribal government function. The use of gasoline, diesel fuel, and kerosene by the American Red Cross is considered to be the use of these fuels by a state.

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