60050. (a) (1) A tax of eighteen cents ($0.18) is hereby imposed
upon each gallon of diesel fuel subject to the tax in Sections 60051,
60052, and 60058.
(2) If the federal fuel tax is reduced below the rate of fifteen
cents ($0.15) per gallon and federal financial allocations to this
state for highway and exclusive public mass transit guideway purposes
are reduced or eliminated correspondingly, the tax rate imposed by
paragraph (1), including any reduction or adjustment pursuant to
subdivision (b), on and after the date of the reduction, shall be
increased by an amount so that the combined state rate under
paragraph (1) and the federal tax rate per gallon equal what it would
have been in the absence of the federal reduction.
(3) If any person or entity is exempt or partially exempt from the
federal fuel tax at the time of a reduction, the person or entity
shall continue to be exempt under this section.
(b) (1) On July 1, 2011, the tax rate specified in paragraph (1)
of subdivision (a) shall be reduced to 13.6 cents ($0.136) and every
July 1 thereafter shall be adjusted pursuant to paragraphs (2) and
(3).
(2) For the 2012-13 fiscal year and each fiscal year thereafter,
the board shall, on or before March 1 of the fiscal year immediately
preceding the applicable fiscal year, adjust the rate reduction in
paragraph (1) in that manner as to result in a revenue loss
attributable to paragraph (1) that will equal the amount of revenue
gain attributable to Sections 6051.8 and 6201.8, based on estimates
made by the board, and that rate shall be effective during the state'
s next fiscal year.
(3) In order to maintain revenue neutrality for each year,
beginning with the rate adjustment on or before March 1, 2013, the
adjustment under paragraph (2) shall take into account the extent to
which the actual amount of revenues derived pursuant to Sections
6051.8 and 6201.8 and the revenue loss attributable to this
subdivision resulted in a net revenue gain or loss for the fiscal
year ending prior to the rate adjustment date on or before March 1.
(4) The intent of paragraphs (2) and (3) is to ensure that the act
adding this subdivision and Sections 6051.8 and 6201.8 does not
produce a net revenue gain in state taxes.
60050.1. (a) For the privilege of storing, for the purpose of
removal, sales, or use, every wholesaler owning undyed diesel fuel on
July 1, 1995, shall pay a tax of eighteen cents ($0.18) for each
gallon of undyed diesel fuel according to the volumetric measure
thereof, on which a tax has not been imposed under Part 3 (commencing
with Section 8601) as in effect on June 30, 1995, and tax would have
been imposed on any prior removal, entry, or sale of undyed diesel
fuel had Sections 60050 to 60061, inclusive, applied to undyed diesel
fuel for the period before July 1, 1995.
(b) For purposes of subdivision (a):
(1) "Storing" includes the possession in a storage facility,
except an approved terminal or refinery, or a container of any kind,
including the fuel tanks of motor vehicles, of undyed diesel fuel and
the undyed diesel fuel purchased from and invoiced by the seller
prior to July 1, 1995, and in transit on that date.
(2) "Owning" means having title to the undyed diesel fuel.
(3) "Wholesaler" means any person who sells diesel fuel in this
state for resale to a retailer or to a person who is not a retailer
and subsequently uses the diesel fuel and was required to be licensed
under Part 3 (commencing with Section 8601) as a wholesaler as in
effect on June 30, 1995.
60051. The tax specified in Section 60050 is imposed on the removal
of diesel fuel in this state from a terminal if the diesel fuel is
removed at the rack.
60052. The tax specified in Section 60050 is also imposed on all of
the following:
(a) The removal of diesel fuel in this state from any refinery if
either of the following applies:
(1) The removal is by bulk transfer and the refiner or the owner
of the diesel fuel immediately before the removal is not a diesel
fuel registrant.
(2) The removal is at the refinery rack.
(b) The entry of diesel fuel into this state for sale,
consumption, use, or warehousing if either of the following applies:
(1) The entry is by bulk transfer and the enterer is not a diesel
fuel registrant.
(2) The entry is not by bulk transfer.
(c) The removal or sale of diesel fuel in this state to an
unregistered person unless there was a prior taxable removal, entry,
or sale of the diesel fuel.
(d) The removal or sale of blended diesel fuel in this state by
the blender thereof. The number of gallons of blended diesel fuel
subject to tax is the difference between the total number of gallons
of blended diesel fuel removed or sold and the number of gallons of
previously taxed diesel fuel used to produce the blended diesel fuel.
60053. Every refiner shall pay tax on the removal of diesel fuel
from a refinery as provided in subdivision (a) of Section 60052.
60054. Every position holder shall pay the tax on the removal of
diesel fuel from a terminal as defined under Section 60051.
60055. Any person that produces blended diesel fuel outside the
bulk transfer/terminal system (the blender) shall pay tax as provided
in subdivision (d) of Section 60052.
60056. Every qualified highway vehicle operator is liable for the
backup tax imposed under subdivision (a) of Section 60058.
60057. Every highway vehicle operator/fueler is liable for the
backup tax imposed under Section 60058.
60058. The tax specified in Section 60050 is imposed as a backup
tax as follows:
(a) On the delivery into the fuel tank of a diesel-powered highway
vehicle of:
(1) Any diesel fuel that contains a dye.
(2) Any diesel fuel on which a claim for refund has been allowed.
(3) Any liquid on which tax has not been imposed by this part,
Part 2 (commencing with Section 7301), or Part 3 (commencing with
Section 8601).
(b) On the sale of any diesel fuel on which a claim for refund has
been allowed.
(c) On the sale and delivery into the fuel tank of a
diesel-powered highway vehicle of any diesel fuel that contains a dye
or any liquid on which tax has not been imposed by this part, Part 2
(commencing with Section 7301), or Part 3 (commencing with Section
8601).
(d) For the purposes of this section, aircraft jet fuel on which
tax has been imposed only pursuant to Part 2, Chapter 2.5 (commencing
with Section 7385) shall be deemed to be a liquid on which tax has
not been imposed by Part 2 (commencing with Section 7301).
60059. The terminal operator is jointly and severally liable for
the tax imposed under Section 60051 if both of the following apply:
(a) The position holder with respect to the diesel fuel is a
person other than the terminal operator and is not a diesel fuel
registrant.
(b) The terminal operator has not met the conditions of Section
60060.
60060. A terminal operator is not liable for tax under Section
60059, if at the time of the removal, all of the following apply:
(a) The terminal operator is a diesel fuel registrant.
(b) The terminal operator has an unexpired notification
certificate from the position holder as required by the Internal
Revenue Service.
(c) The terminal operator has no reason to believe that any
information in the certificate is false.
60061. Every enterer shall pay tax on diesel fuel imported into
this state as provided in subdivision (b) of Section 60052.
60062. The terminal operator is jointly and severally liable for
the tax imposed under Section 60051 if, in connection with the
removal of diesel fuel that is not dyed or marked in accordance with
the United States Environmental Protection Agency or Internal Revenue
Service requirements, the terminal operator provides any person with
any bill of lading, shipping paper, or similar document indicating
that the diesel fuel is dyed or marked in accordance with the United
States Environmental Protection Agency or Internal Revenue Service
requirements.
60063. (a) The board may accept from the person who receives diesel
fuel removed at a refinery or terminal rack an amount equal to the
tax due and required to be paid by the refiner or positionholder upon
the removal of the diesel fuel from a refinery or terminal rack, as
if the amount were payment of the tax by the refiner or
positionholder under Section 60051 or 60052, as the case may be, if
the Internal Revenue Service authorizes payment of federal fuel taxes
by the receiving party under a two-party exchange agreement or
similar arrangement.
(b) The refiner or positionholder shall remain primarily liable
for payment of the tax imposed by Section 60051 or 60052 for diesel
fuel removed at the refinery or terminal rack, as the case may be,
plus any penalty or interest, until the amount is finally paid and
credited to the account of the responsible refiner or positionholder;
provided, however, that the board, at its discretion, may relieve
the refiner or positionholder from primary liability for payment of
tax imposed by Section 60051 or 60052 and hold another person
primarily liable for the tax if (i) the Internal Revenue Service
authorizes payment of fuel taxes by the receiving party under a
two-party exchange agreement, and (ii) under the Internal Revenue
Service approach to a two-party exchange agreement, another person is
primarily liable for payment of the tax, and (iii) the board elects
to follow the Internal Revenue Service approach.
(c) The board may adopt those regulations as it deems appropriate
to carry out this section.
60064. (a) For the purpose of the proper administration of this
part and to prevent evasion of the tax, unless the contrary is
established, it shall be presumed that all diesel fuel received at a
terminal in this state, imported into this state, or refined and
placed into storage for removal at a refinery in this state or
blended diesel fuel blended or converted in this state and no longer
in the possession of the supplier has been removed or sold by the
supplier.
(b) The presumption shall not apply if the supplier proves to the
satisfaction of the board that both:
(1) The supplier has exercised ordinary care in entrusting control
or possession of the diesel fuel to another person.
(2) The person to whom the supplier has entrusted the control or
possession of the diesel fuel as bailee, consignee, employee, or
agent, caused a removal or sale by the act of converting to that
person's own use the diesel fuel so entrusted to that person by the
supplier.
(c) If the supplier proves to the satisfaction of the board, the
existence of both of the circumstances in paragraphs (1) and (2) of
subdivision (b), then the person who converted the diesel fuel to his
or her own use, as well as any other person receiving that diesel
fuel with the knowledge that it was so converted, shall be liable for
payment of the tax imposed upon the removal or sale, and all those
persons shall be considered as suppliers for the purpose of Chapter 6
(commencing with Section 60201) or Chapter 7 (commencing with
Section 60401) of this part.
60050. (a) (1) A tax of eighteen cents ($0.18) is hereby imposed
upon each gallon of diesel fuel subject to the tax in Sections 60051,
60052, and 60058.
(2) If the federal fuel tax is reduced below the rate of fifteen
cents ($0.15) per gallon and federal financial allocations to this
state for highway and exclusive public mass transit guideway purposes
are reduced or eliminated correspondingly, the tax rate imposed by
paragraph (1), including any reduction or adjustment pursuant to
subdivision (b), on and after the date of the reduction, shall be
increased by an amount so that the combined state rate under
paragraph (1) and the federal tax rate per gallon equal what it would
have been in the absence of the federal reduction.
(3) If any person or entity is exempt or partially exempt from the
federal fuel tax at the time of a reduction, the person or entity
shall continue to be exempt under this section.
(b) (1) On July 1, 2011, the tax rate specified in paragraph (1)
of subdivision (a) shall be reduced to 13.6 cents ($0.136) and every
July 1 thereafter shall be adjusted pursuant to paragraphs (2) and
(3).
(2) For the 2012-13 fiscal year and each fiscal year thereafter,
the board shall, on or before March 1 of the fiscal year immediately
preceding the applicable fiscal year, adjust the rate reduction in
paragraph (1) in that manner as to result in a revenue loss
attributable to paragraph (1) that will equal the amount of revenue
gain attributable to Sections 6051.8 and 6201.8, based on estimates
made by the board, and that rate shall be effective during the state'
s next fiscal year.
(3) In order to maintain revenue neutrality for each year,
beginning with the rate adjustment on or before March 1, 2013, the
adjustment under paragraph (2) shall take into account the extent to
which the actual amount of revenues derived pursuant to Sections
6051.8 and 6201.8 and the revenue loss attributable to this
subdivision resulted in a net revenue gain or loss for the fiscal
year ending prior to the rate adjustment date on or before March 1.
(4) The intent of paragraphs (2) and (3) is to ensure that the act
adding this subdivision and Sections 6051.8 and 6201.8 does not
produce a net revenue gain in state taxes.
60050.1. (a) For the privilege of storing, for the purpose of
removal, sales, or use, every wholesaler owning undyed diesel fuel on
July 1, 1995, shall pay a tax of eighteen cents ($0.18) for each
gallon of undyed diesel fuel according to the volumetric measure
thereof, on which a tax has not been imposed under Part 3 (commencing
with Section 8601) as in effect on June 30, 1995, and tax would have
been imposed on any prior removal, entry, or sale of undyed diesel
fuel had Sections 60050 to 60061, inclusive, applied to undyed diesel
fuel for the period before July 1, 1995.
(b) For purposes of subdivision (a):
(1) "Storing" includes the possession in a storage facility,
except an approved terminal or refinery, or a container of any kind,
including the fuel tanks of motor vehicles, of undyed diesel fuel and
the undyed diesel fuel purchased from and invoiced by the seller
prior to July 1, 1995, and in transit on that date.
(2) "Owning" means having title to the undyed diesel fuel.
(3) "Wholesaler" means any person who sells diesel fuel in this
state for resale to a retailer or to a person who is not a retailer
and subsequently uses the diesel fuel and was required to be licensed
under Part 3 (commencing with Section 8601) as a wholesaler as in
effect on June 30, 1995.
60051. The tax specified in Section 60050 is imposed on the removal
of diesel fuel in this state from a terminal if the diesel fuel is
removed at the rack.
60052. The tax specified in Section 60050 is also imposed on all of
the following:
(a) The removal of diesel fuel in this state from any refinery if
either of the following applies:
(1) The removal is by bulk transfer and the refiner or the owner
of the diesel fuel immediately before the removal is not a diesel
fuel registrant.
(2) The removal is at the refinery rack.
(b) The entry of diesel fuel into this state for sale,
consumption, use, or warehousing if either of the following applies:
(1) The entry is by bulk transfer and the enterer is not a diesel
fuel registrant.
(2) The entry is not by bulk transfer.
(c) The removal or sale of diesel fuel in this state to an
unregistered person unless there was a prior taxable removal, entry,
or sale of the diesel fuel.
(d) The removal or sale of blended diesel fuel in this state by
the blender thereof. The number of gallons of blended diesel fuel
subject to tax is the difference between the total number of gallons
of blended diesel fuel removed or sold and the number of gallons of
previously taxed diesel fuel used to produce the blended diesel fuel.
60053. Every refiner shall pay tax on the removal of diesel fuel
from a refinery as provided in subdivision (a) of Section 60052.
60054. Every position holder shall pay the tax on the removal of
diesel fuel from a terminal as defined under Section 60051.
60055. Any person that produces blended diesel fuel outside the
bulk transfer/terminal system (the blender) shall pay tax as provided
in subdivision (d) of Section 60052.
60056. Every qualified highway vehicle operator is liable for the
backup tax imposed under subdivision (a) of Section 60058.
60057. Every highway vehicle operator/fueler is liable for the
backup tax imposed under Section 60058.
60058. The tax specified in Section 60050 is imposed as a backup
tax as follows:
(a) On the delivery into the fuel tank of a diesel-powered highway
vehicle of:
(1) Any diesel fuel that contains a dye.
(2) Any diesel fuel on which a claim for refund has been allowed.
(3) Any liquid on which tax has not been imposed by this part,
Part 2 (commencing with Section 7301), or Part 3 (commencing with
Section 8601).
(b) On the sale of any diesel fuel on which a claim for refund has
been allowed.
(c) On the sale and delivery into the fuel tank of a
diesel-powered highway vehicle of any diesel fuel that contains a dye
or any liquid on which tax has not been imposed by this part, Part 2
(commencing with Section 7301), or Part 3 (commencing with Section
8601).
(d) For the purposes of this section, aircraft jet fuel on which
tax has been imposed only pursuant to Part 2, Chapter 2.5 (commencing
with Section 7385) shall be deemed to be a liquid on which tax has
not been imposed by Part 2 (commencing with Section 7301).
60059. The terminal operator is jointly and severally liable for
the tax imposed under Section 60051 if both of the following apply:
(a) The position holder with respect to the diesel fuel is a
person other than the terminal operator and is not a diesel fuel
registrant.
(b) The terminal operator has not met the conditions of Section
60060.
60060. A terminal operator is not liable for tax under Section
60059, if at the time of the removal, all of the following apply:
(a) The terminal operator is a diesel fuel registrant.
(b) The terminal operator has an unexpired notification
certificate from the position holder as required by the Internal
Revenue Service.
(c) The terminal operator has no reason to believe that any
information in the certificate is false.
60061. Every enterer shall pay tax on diesel fuel imported into
this state as provided in subdivision (b) of Section 60052.
60062. The terminal operator is jointly and severally liable for
the tax imposed under Section 60051 if, in connection with the
removal of diesel fuel that is not dyed or marked in accordance with
the United States Environmental Protection Agency or Internal Revenue
Service requirements, the terminal operator provides any person with
any bill of lading, shipping paper, or similar document indicating
that the diesel fuel is dyed or marked in accordance with the United
States Environmental Protection Agency or Internal Revenue Service
requirements.
60063. (a) The board may accept from the person who receives diesel
fuel removed at a refinery or terminal rack an amount equal to the
tax due and required to be paid by the refiner or positionholder upon
the removal of the diesel fuel from a refinery or terminal rack, as
if the amount were payment of the tax by the refiner or
positionholder under Section 60051 or 60052, as the case may be, if
the Internal Revenue Service authorizes payment of federal fuel taxes
by the receiving party under a two-party exchange agreement or
similar arrangement.
(b) The refiner or positionholder shall remain primarily liable
for payment of the tax imposed by Section 60051 or 60052 for diesel
fuel removed at the refinery or terminal rack, as the case may be,
plus any penalty or interest, until the amount is finally paid and
credited to the account of the responsible refiner or positionholder;
provided, however, that the board, at its discretion, may relieve
the refiner or positionholder from primary liability for payment of
tax imposed by Section 60051 or 60052 and hold another person
primarily liable for the tax if (i) the Internal Revenue Service
authorizes payment of fuel taxes by the receiving party under a
two-party exchange agreement, and (ii) under the Internal Revenue
Service approach to a two-party exchange agreement, another person is
primarily liable for payment of the tax, and (iii) the board elects
to follow the Internal Revenue Service approach.
(c) The board may adopt those regulations as it deems appropriate
to carry out this section.
60064. (a) For the purpose of the proper administration of this
part and to prevent evasion of the tax, unless the contrary is
established, it shall be presumed that all diesel fuel received at a
terminal in this state, imported into this state, or refined and
placed into storage for removal at a refinery in this state or
blended diesel fuel blended or converted in this state and no longer
in the possession of the supplier has been removed or sold by the
supplier.
(b) The presumption shall not apply if the supplier proves to the
satisfaction of the board that both:
(1) The supplier has exercised ordinary care in entrusting control
or possession of the diesel fuel to another person.
(2) The person to whom the supplier has entrusted the control or
possession of the diesel fuel as bailee, consignee, employee, or
agent, caused a removal or sale by the act of converting to that
person's own use the diesel fuel so entrusted to that person by the
supplier.
(c) If the supplier proves to the satisfaction of the board, the
existence of both of the circumstances in paragraphs (1) and (2) of
subdivision (b), then the person who converted the diesel fuel to his
or her own use, as well as any other person receiving that diesel
fuel with the knowledge that it was so converted, shall be liable for
payment of the tax imposed upon the removal or sale, and all those
persons shall be considered as suppliers for the purpose of Chapter 6
(commencing with Section 60201) or Chapter 7 (commencing with
Section 60401) of this part.
60050. (a) (1) A tax of eighteen cents ($0.18) is hereby imposed
upon each gallon of diesel fuel subject to the tax in Sections 60051,
60052, and 60058.
(2) If the federal fuel tax is reduced below the rate of fifteen
cents ($0.15) per gallon and federal financial allocations to this
state for highway and exclusive public mass transit guideway purposes
are reduced or eliminated correspondingly, the tax rate imposed by
paragraph (1), including any reduction or adjustment pursuant to
subdivision (b), on and after the date of the reduction, shall be
increased by an amount so that the combined state rate under
paragraph (1) and the federal tax rate per gallon equal what it would
have been in the absence of the federal reduction.
(3) If any person or entity is exempt or partially exempt from the
federal fuel tax at the time of a reduction, the person or entity
shall continue to be exempt under this section.
(b) (1) On July 1, 2011, the tax rate specified in paragraph (1)
of subdivision (a) shall be reduced to 13.6 cents ($0.136) and every
July 1 thereafter shall be adjusted pursuant to paragraphs (2) and
(3).
(2) For the 2012-13 fiscal year and each fiscal year thereafter,
the board shall, on or before March 1 of the fiscal year immediately
preceding the applicable fiscal year, adjust the rate reduction in
paragraph (1) in that manner as to result in a revenue loss
attributable to paragraph (1) that will equal the amount of revenue
gain attributable to Sections 6051.8 and 6201.8, based on estimates
made by the board, and that rate shall be effective during the state'
s next fiscal year.
(3) In order to maintain revenue neutrality for each year,
beginning with the rate adjustment on or before March 1, 2013, the
adjustment under paragraph (2) shall take into account the extent to
which the actual amount of revenues derived pursuant to Sections
6051.8 and 6201.8 and the revenue loss attributable to this
subdivision resulted in a net revenue gain or loss for the fiscal
year ending prior to the rate adjustment date on or before March 1.
(4) The intent of paragraphs (2) and (3) is to ensure that the act
adding this subdivision and Sections 6051.8 and 6201.8 does not
produce a net revenue gain in state taxes.
60050.1. (a) For the privilege of storing, for the purpose of
removal, sales, or use, every wholesaler owning undyed diesel fuel on
July 1, 1995, shall pay a tax of eighteen cents ($0.18) for each
gallon of undyed diesel fuel according to the volumetric measure
thereof, on which a tax has not been imposed under Part 3 (commencing
with Section 8601) as in effect on June 30, 1995, and tax would have
been imposed on any prior removal, entry, or sale of undyed diesel
fuel had Sections 60050 to 60061, inclusive, applied to undyed diesel
fuel for the period before July 1, 1995.
(b) For purposes of subdivision (a):
(1) "Storing" includes the possession in a storage facility,
except an approved terminal or refinery, or a container of any kind,
including the fuel tanks of motor vehicles, of undyed diesel fuel and
the undyed diesel fuel purchased from and invoiced by the seller
prior to July 1, 1995, and in transit on that date.
(2) "Owning" means having title to the undyed diesel fuel.
(3) "Wholesaler" means any person who sells diesel fuel in this
state for resale to a retailer or to a person who is not a retailer
and subsequently uses the diesel fuel and was required to be licensed
under Part 3 (commencing with Section 8601) as a wholesaler as in
effect on June 30, 1995.
60051. The tax specified in Section 60050 is imposed on the removal
of diesel fuel in this state from a terminal if the diesel fuel is
removed at the rack.
60052. The tax specified in Section 60050 is also imposed on all of
the following:
(a) The removal of diesel fuel in this state from any refinery if
either of the following applies:
(1) The removal is by bulk transfer and the refiner or the owner
of the diesel fuel immediately before the removal is not a diesel
fuel registrant.
(2) The removal is at the refinery rack.
(b) The entry of diesel fuel into this state for sale,
consumption, use, or warehousing if either of the following applies:
(1) The entry is by bulk transfer and the enterer is not a diesel
fuel registrant.
(2) The entry is not by bulk transfer.
(c) The removal or sale of diesel fuel in this state to an
unregistered person unless there was a prior taxable removal, entry,
or sale of the diesel fuel.
(d) The removal or sale of blended diesel fuel in this state by
the blender thereof. The number of gallons of blended diesel fuel
subject to tax is the difference between the total number of gallons
of blended diesel fuel removed or sold and the number of gallons of
previously taxed diesel fuel used to produce the blended diesel fuel.
60053. Every refiner shall pay tax on the removal of diesel fuel
from a refinery as provided in subdivision (a) of Section 60052.
60054. Every position holder shall pay the tax on the removal of
diesel fuel from a terminal as defined under Section 60051.
60055. Any person that produces blended diesel fuel outside the
bulk transfer/terminal system (the blender) shall pay tax as provided
in subdivision (d) of Section 60052.
60056. Every qualified highway vehicle operator is liable for the
backup tax imposed under subdivision (a) of Section 60058.
60057. Every highway vehicle operator/fueler is liable for the
backup tax imposed under Section 60058.
60058. The tax specified in Section 60050 is imposed as a backup
tax as follows:
(a) On the delivery into the fuel tank of a diesel-powered highway
vehicle of:
(1) Any diesel fuel that contains a dye.
(2) Any diesel fuel on which a claim for refund has been allowed.
(3) Any liquid on which tax has not been imposed by this part,
Part 2 (commencing with Section 7301), or Part 3 (commencing with
Section 8601).
(b) On the sale of any diesel fuel on which a claim for refund has
been allowed.
(c) On the sale and delivery into the fuel tank of a
diesel-powered highway vehicle of any diesel fuel that contains a dye
or any liquid on which tax has not been imposed by this part, Part 2
(commencing with Section 7301), or Part 3 (commencing with Section
8601).
(d) For the purposes of this section, aircraft jet fuel on which
tax has been imposed only pursuant to Part 2, Chapter 2.5 (commencing
with Section 7385) shall be deemed to be a liquid on which tax has
not been imposed by Part 2 (commencing with Section 7301).
60059. The terminal operator is jointly and severally liable for
the tax imposed under Section 60051 if both of the following apply:
(a) The position holder with respect to the diesel fuel is a
person other than the terminal operator and is not a diesel fuel
registrant.
(b) The terminal operator has not met the conditions of Section
60060.
60060. A terminal operator is not liable for tax under Section
60059, if at the time of the removal, all of the following apply:
(a) The terminal operator is a diesel fuel registrant.
(b) The terminal operator has an unexpired notification
certificate from the position holder as required by the Internal
Revenue Service.
(c) The terminal operator has no reason to believe that any
information in the certificate is false.
60061. Every enterer shall pay tax on diesel fuel imported into
this state as provided in subdivision (b) of Section 60052.
60062. The terminal operator is jointly and severally liable for
the tax imposed under Section 60051 if, in connection with the
removal of diesel fuel that is not dyed or marked in accordance with
the United States Environmental Protection Agency or Internal Revenue
Service requirements, the terminal operator provides any person with
any bill of lading, shipping paper, or similar document indicating
that the diesel fuel is dyed or marked in accordance with the United
States Environmental Protection Agency or Internal Revenue Service
requirements.
60063. (a) The board may accept from the person who receives diesel
fuel removed at a refinery or terminal rack an amount equal to the
tax due and required to be paid by the refiner or positionholder upon
the removal of the diesel fuel from a refinery or terminal rack, as
if the amount were payment of the tax by the refiner or
positionholder under Section 60051 or 60052, as the case may be, if
the Internal Revenue Service authorizes payment of federal fuel taxes
by the receiving party under a two-party exchange agreement or
similar arrangement.
(b) The refiner or positionholder shall remain primarily liable
for payment of the tax imposed by Section 60051 or 60052 for diesel
fuel removed at the refinery or terminal rack, as the case may be,
plus any penalty or interest, until the amount is finally paid and
credited to the account of the responsible refiner or positionholder;
provided, however, that the board, at its discretion, may relieve
the refiner or positionholder from primary liability for payment of
tax imposed by Section 60051 or 60052 and hold another person
primarily liable for the tax if (i) the Internal Revenue Service
authorizes payment of fuel taxes by the receiving party under a
two-party exchange agreement, and (ii) under the Internal Revenue
Service approach to a two-party exchange agreement, another person is
primarily liable for payment of the tax, and (iii) the board elects
to follow the Internal Revenue Service approach.
(c) The board may adopt those regulations as it deems appropriate
to carry out this section.
60064. (a) For the purpose of the proper administration of this
part and to prevent evasion of the tax, unless the contrary is
established, it shall be presumed that all diesel fuel received at a
terminal in this state, imported into this state, or refined and
placed into storage for removal at a refinery in this state or
blended diesel fuel blended or converted in this state and no longer
in the possession of the supplier has been removed or sold by the
supplier.
(b) The presumption shall not apply if the supplier proves to the
satisfaction of the board that both:
(1) The supplier has exercised ordinary care in entrusting control
or possession of the diesel fuel to another person.
(2) The person to whom the supplier has entrusted the control or
possession of the diesel fuel as bailee, consignee, employee, or
agent, caused a removal or sale by the act of converting to that
person's own use the diesel fuel so entrusted to that person by the
supplier.
(c) If the supplier proves to the satisfaction of the board, the
existence of both of the circumstances in paragraphs (1) and (2) of
subdivision (b), then the person who converted the diesel fuel to his
or her own use, as well as any other person receiving that diesel
fuel with the knowledge that it was so converted, shall be liable for
payment of the tax imposed upon the removal or sale, and all those
persons shall be considered as suppliers for the purpose of Chapter 6
(commencing with Section 60201) or Chapter 7 (commencing with
Section 60401) of this part.
