Ultimate Vendor – Frequently Asked Questions (FAQs) – Filing Claims for Refund

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No. You must use form BOE-770-DV. Do not duplicate sales listed on previously filed claims for refund (forms BOE-770-DV or BOE-770-DVW) by reporting them again on form BOE-770-DV.

No. You will need only the Supplier account. You can take a credit for refunds due to you as an Ultimate Vendor on your supplier return, form CDTFA-501-DD.

Generally, you can file your claims for refund on a monthly basis. Claims that exceed $200 per week can be filed as often as weekly, with the approval of the Appeals and Data Analysis Branch (ADAB), P.O. Box 942879, Sacramento, CA, 94279-0033.

You must obtain a valid exemption certificate to support the exempt sale. The following exemption certificates may be accepted from Ultimate Purchasers:

  • CDFTA-231-DB, Certificate of Exempt Bus Operation. Exempt Bus Operators must provide their supplier with a new Certificate of Exempt Bus Operation annually or whenever the information on the certificate changes.
  • CDTFA-608, Certificate of Farming Use. The farmer must provide a new Certificate of Farming Use annually or when pertinent information on the certificate requires change.

In some instances, an Ultimate Purchaser will purchase diesel fuel for both exempt and non-exempt uses. The exemption certificate must show what percentage of the purchase is for diesel fuel used for an exempt purpose. The exempt gallons claimed on your Diesel Fuel Ultimate Vendor Report/Claim for Refund form BOE-770-DV or form BOE-770-DVW must report the appropriate percentage.

Yes. You must provide all information requested on the exemption certificate. If some of the information cannot be obtained, please contact the Appeals and Data Analysis Branch (ADAB), P.O. Box 942879, Sacramento, CA, 94279-0033.

Section 60503 of the Diesel Fuel Law gives the Department the authority to prescribe what information shall be contained in the exemption certificate. The Department has therefore made the FEIN a required field on this form. The FEIN is used by us to enter the farmer into our database as a person claiming exempt use of diesel fuel. If you sell fuel to a farmer without tax in good faith based on a fraudulent certificate we will make the refund to you. The farmer issuing the fraudulent certificate becomes liable for the tax, interest, and possibly penalties. If a farmer does not have an FEIN, the form can be accepted without one and should be sent to us. We will provide you with a CDTFA account number to use in the FEIN field when filing claims.

You must file a separate claim for refund and the amount may not be claimed on a current return. The claim for refund can be filed using form CDTFA-101, Claim for Refund or Credit. The claim should be accompanied by supporting documentation, including the original invoices, the exemption certificate, and evidence to show you credited or refunded the tax to your exempt purchaser.

Unless changes to the farmer's usage are expected in the coming year, a calculation based on the previous year's actual usage is acceptable. Records supporting the calculation must be maintained by the farmer for approximately three years and be provided to the California Department of Tax and Fee Administration if requested.