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§ 693. Documents to be submitted upon application for permit for exemption from excise duty on energy

(1) The following shall be submitted to the regional structural unit of the Tax and Customs Board of the residence or registered office of the person upon application for permit for exemption from excise duty on energy: 1) a written application setting out the name of the applicant, the address of the residence or registered office, the address of the place of business and the contact details of the applicant, and the purpose for which the fuel or electricity exempt from excise duty is to be used; 2) in the case of a person specified in clause 692 (2) 3) of this Act, information concerning the amount of liquid fuel exempt from excise duty needed during the coming twelve months and the reasons for that amount; [RT I 2010, 8, 36 - entry into force 01.03.2010]  3) information concerning the amount of fuel or electricity used during the twelve months preceding the month of submission of the application and concerning the purpose for which the fuel or electricity was used, except in the case of a person specified in clause 692 (2) 1) of this Act; 4) the rules for the maintenance of records regarding the fuel or electricity exempt from excise duty, except in the case of a person specified in clause 692 (2) 2) of this Act; 5) the maximum levels of loss of fuel exempt from excise duty in the case of persons specified in clauses 692 (2) 1) and 3) of this Act.

(2) In addition to the information and documents specified in subsection (1) of this section, a shipchandler shall submit the following documents: 1) a layout of the place of business setting out the area of and points of access to the territory, buildings and structures, and plans of the buildings setting out the area of the rooms and the entrances and exits; 2) the name of the owner of buildings, rooms, structures, territory or a ship, and a document certifying the right of the shipchandler to use the buildings, rooms, structures and territory for storing fuel; 3) a description of the use of the buildings, rooms, structures, territory or ship; 4) a description of the production process and storage of fuel; 5) a plan of the containers which shall set out the volume of the containers.

(21) The tax authority has the right to demand that an applicant for permit for exemption from excise duty on energy submit other relevant documents in addition to the documents specified in subsections (1) and (2) of this section. [RT I 2010, 8, 36 - entry into force 01.03.2010]

(3) The holder of a permit for exemption from excise duty on energy is not required to submit the rules for the maintenance of records regarding fuel or electricity exempt from excise duty or the maximum levels of loss of fuel upon subsequent application for a permit unless the rules or levels are amended. [RT I 2008, 49, 272 - entry into force 01.01.2009]

§ 694. Issue of permit for exemption from excise duty on energy

(1) The Tax and Customs Board shall grant a permit for exemption from excise duty on energy if all the following conditions are complied with: 1) bankruptcy or liquidation proceedings have not been brought against the person; 2) the information and documents specified in § 693 of this Act have been submitted; 3) the person does not have tax arrears; 4) a security has been provided in the case specified in subsection 31 (2) of this Act.

(2) The issue of a permit for exemption from excise duty on energy may be refused if, during the twelve months preceding the month of submission of the application, the Tax and Customs Board has revoked the person’s permit for exemption from excise duty on the basis of subsection 695 (4) of this Act or if the person or a member of the management or controlling body of the legal person has committed at least one of the misdemeanours provided for in §§ 1531–1552 of the Taxation Act for which a natural person was punished by a fine exceeding 100 fine units or a legal person by a fine exceeding 2000 euros or at least one of the offences provided for in §§ 374–3762, 3891–391 and 393 of the Penal Code. [RT I 2010, 22, 108 - entry into force 01.01.2011]

(3) A permit for exemption from excise duty on energy shall be issued or the decision to refuse to issue the permit shall be delivered to the applicant within thirty days as of the date of submission of the information and documents specified in § 693 of this Act.

(4) The form of a permit for exemption from excise duty on energy and the procedure for completion of the form shall be established by a regulation of the Minister of Finance. [RT I 2008, 49, 272 - entry into force 01.01.2009]

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