Section § 60100

Explanation

This section outlines when diesel fuel transactions are exempt from state taxes. Exemptions apply if certain conditions are met, such as the person responsible for the tax is a diesel fuel registrant, or the fuel meets dyeing and marking requirements. Other exempt situations include when diesel fuel is moved between registered refineries or terminals, or shipped outside the state by specific methods, such as through a supplier's facilities.

It includes diesel used for farming, off-highway, government-owned vehicle operations, or sold to the United States government. Exemptions also cover sales to consulate officers under specific treaties and sales to train operators for off-highway use. Special conditions define what constitutes a carrier and a forwarding agent.

(a)CA Revenue & Taxation Code § 60100(a) The provisions of this part requiring the payment of taxes do not apply to any of the following:
(1)CA Revenue & Taxation Code § 60100(a)(1) The removal from a terminal or refinery of, or the entry or sale of, any diesel fuel if all of the following apply:
(A)CA Revenue & Taxation Code § 60100(a)(1)(A) The person otherwise liable for tax is a diesel fuel registrant.
(B)CA Revenue & Taxation Code § 60100(a)(1)(B) In the case of a removal from a terminal, the terminal is an approved terminal.
(C)CA Revenue & Taxation Code § 60100(a)(1)(C) The diesel fuel satisfies the dyeing and marking requirements of Section 60101.
(2)CA Revenue & Taxation Code § 60100(a)(2) Any entry or removal from a terminal or refinery of taxable diesel fuel transferred in bulk to a refinery or terminal if the persons involved (including the terminal operator) are registered.
(3)CA Revenue & Taxation Code § 60100(a)(3) The removal of diesel fuel if all of the following apply:
(A)CA Revenue & Taxation Code § 60100(a)(3)(A) The diesel fuel is removed by railroad car from an approved refinery and is received at an approved terminal.
(B)CA Revenue & Taxation Code § 60100(a)(3)(B) The refinery and the terminal are operated by the same diesel fuel registrant.
(C)CA Revenue & Taxation Code § 60100(a)(3)(C) The refinery is not served by pipeline (other than a pipeline for the receipt of crude oil) or vessel.
(4)CA Revenue & Taxation Code § 60100(a)(4) Diesel fuel which, pursuant to the contract of sale, is required to be shipped and is shipped to a point outside of this state by a supplier by means of any of the following:
(A)CA Revenue & Taxation Code § 60100(a)(4)(A) Facilities operated by the supplier.
(B)CA Revenue & Taxation Code § 60100(a)(4)(B) Delivery by the supplier to a carrier, customs broker, or forwarding agent, whether hired by the purchaser or not, for shipment to the out-of-state point.
(C)CA Revenue & Taxation Code § 60100(a)(4)(C) Delivery by the supplier to any vessel clearing from a port of this state for a port outside of this state and actually exported from this state in the vessel.
(5)CA Revenue & Taxation Code § 60100(a)(5) Backup tax does not apply to delivery of diesel fuel into the fuel tank of a diesel-powered highway vehicle as provided in Section 60058 for any of the following:
(A)CA Revenue & Taxation Code § 60100(a)(5)(A) Use on a farm for farming purposes.
(B)CA Revenue & Taxation Code § 60100(a)(5)(B) Use in an exempt bus operation.
(C)CA Revenue & Taxation Code § 60100(a)(5)(C) Use in a diesel-powered highway vehicle that is operated off the highway.
(D)CA Revenue & Taxation Code § 60100(a)(5)(D) Use in a diesel-powered highway vehicle that is owned and operated by a government entity.
(E)CA Revenue & Taxation Code § 60100(a)(5)(E) Use by the United States and its agencies and instrumentalities.
(6)CA Revenue & Taxation Code § 60100(a)(6) Diesel fuel sold by credit card certified by the United States Department of State to any consulate officer or consulate employee of a foreign government who is not engaged in any private occupation for gain within this state, who uses the diesel fuel in a motor vehicle which is registered with the United States Department of State, and whose government has done either of the following:
(A)CA Revenue & Taxation Code § 60100(a)(6)(A) Entered into a treaty with the United States providing for the exemption of its representatives from national, state, and municipal taxes.
(B)CA Revenue & Taxation Code § 60100(a)(6)(B) Granted a similar exemption to representatives of the United States.
(7)CA Revenue & Taxation Code § 60100(a)(7) Diesel fuel sold by a supplier to a train operator for use in a diesel-powered train or for other off-highway use and the supplier has on hand an exemption certificate from the train operator.
(8)CA Revenue & Taxation Code § 60100(a)(8) Diesel fuel sold by a supplier to the United States and its agencies and instrumentalities.
(b)CA Revenue & Taxation Code § 60100(b) For purposes of this section:
(1)CA Revenue & Taxation Code § 60100(b)(1) “Carrier” means a person or firm engaged in the business of transporting for compensation property owned by other persons, and includes both common and contract carriers.
(2)CA Revenue & Taxation Code § 60100(b)(2) “Forwarding agent” means a person or firm engaged in the business of preparing property for shipment or arranging for its shipment.

Section § 60101

Explanation

This law sets rules for the use of dyed diesel fuel. It states that any diesel fuel needing dye must meet the dyeing standards of the EPA and IRS, including specifics about the type and amount of dye and when it should be applied. Additionally, the markings on the fuel must meet IRS requirements.

It is illegal to drive a vehicle on public highways in the state of CA if it has dyed diesel fuel in its tank unless you're using the fuel legally according to the Internal Revenue Code, such as being a registered highway vehicle operator, an exempt bus operator, or a government entity.

(a)CA Revenue & Taxation Code § 60101(a) Diesel fuel that is required to be dyed satisfies the dyeing requirement of this part if it meets the dyeing requirements of the United States Environmental Protection Agency and the Internal Revenue Service, including, but not limited to, requirements respecting type, dosage, and timing.
(b)CA Revenue & Taxation Code § 60101(b) Marking shall meet the marking requirements of the Internal Revenue Service.
(c)CA Revenue & Taxation Code § 60101(c) No person shall operate or maintain a motor vehicle on any public highway in this state with dyed diesel fuel in the fuel supply tank. This subdivision does not apply to uses of dyed diesel fuel on the highway that are lawful under the Internal Revenue Code or regulations promulgated thereunder, if the person is registered as a qualified highway vehicle operator, exempt bus operator, or government entity.

Section § 60102

Explanation

This law requires a notice on dyed diesel fuel indicating it's for non-taxable use only. The notice must say: 'DYED DIESEL FUEL, NONTAXABLE USE ONLY, PENALTY FOR TAXABLE USE'.

This notice has to be given by three types of people: the terminal operator who provides dyed diesel fuel at the terminal rack, any seller who sells it outside the bulk transfer or terminal system, and any seller who uses it at a retail pump. This requirement ensures that buyers know they cannot use the fuel for taxable purposes and could face penalties if they do.

Notice is required with respect to dyed diesel fuel. In general, a notice stating: “DYED DIESEL FUEL, NONTAXABLE USE ONLY, PENALTY FOR TAXABLE USE” shall be:
(a)CA Revenue & Taxation Code § 60102(a) Provided by the terminal operator to any person that receives dyed diesel fuel at a terminal rack of that terminal operator.
(b)CA Revenue & Taxation Code § 60102(b) Provided by any seller of dyed diesel fuel to its buyer if the diesel fuel is located outside the bulk transfer/terminal system and is not sold from a retail pump posted in accordance with the requirements of subdivision (c).
(c)CA Revenue & Taxation Code § 60102(c) Posted by a seller on any retail pump where it sells dyed diesel fuel for use by its buyer.

Section § 60103

Explanation

This law requires that any notice related to the sale or removal of dyed diesel fuel, as described in a previous section, must be included on documents like shipping papers, bills of lading, and invoices at the time of sale or removal.

The form of notice required under subdivisions (a) and (b) of Section 60102, shall be provided by the time of the removal or sale and shall appear on shipping papers, bills of lading, and invoices accompanying the sale or removal of the dyed diesel fuel.

Section § 60105

Explanation

This law imposes penalties on individuals or businesses that misuse dyed diesel fuel. It's illegal to sell or use dyed diesel fuel for taxable purposes if you know or should know the use is taxable. Altering the dye in diesel or failing to post required notices also incur penalties. The penalty is whichever is greater: $10 per gallon or $1,000 times the number of penalties given to that person or their affiliates. If a business violates the law, those involved can be held personally liable for the penalty.

(a)CA Revenue & Taxation Code § 60105(a) A penalty applies to any person who does any of the following:
(1)CA Revenue & Taxation Code § 60105(a)(1) Sells or holds for sale dyed diesel fuel for any use that the person knows or has reason to know is a taxable use of the diesel fuel.
(2)CA Revenue & Taxation Code § 60105(a)(2) Holds for use or uses dyed diesel fuel for a use other than a nontaxable use and that person knew, or had reason to know, that the diesel fuel was so dyed.
(3)CA Revenue & Taxation Code § 60105(a)(3) Knowingly alters, or attempts to alter, the strength or composition of any dye or marker in any dyed diesel fuel.
(4)CA Revenue & Taxation Code § 60105(a)(4) Fails to provide or post the required notice with respect to any dyed diesel fuel. The failure to provide or post the required notice creates a presumption that the person so failing knows the diesel fuel will be used for a taxable use.
(b)CA Revenue & Taxation Code § 60105(b) The amount of the penalty for each violation specified in subdivision (a) is the greater of:
(1)CA Revenue & Taxation Code § 60105(b)(1) Ten dollars ($10) for every gallon of diesel fuel involved, or
(2)CA Revenue & Taxation Code § 60105(b)(2) The product of one thousand dollars ($1,000), and the total number of penalties, including the penalty currently being determined, imposed by this section on the person (or a related person or any predecessor of that person or related person).
(c)CA Revenue & Taxation Code § 60105(c) If a penalty is imposed under this section on any business entity, each officer, employee, or agent of the entity, who participated in any act giving rise to the penalty shall be jointly and severally liable with the entity for the penalty.

Section § 60106

Explanation

If a train operator buys diesel fuel and claims it is exempt from taxes, they must provide an exemption certificate. The supplier has to keep this certificate on file as proof of the exemption.

Any sale of diesel fuel to a train operator claimed as exempt from taxes under paragraph (7) of subdivision (a) of Section 60100 shall be supported by an exemption certificate executed by the purchaser in a form as prescribed by the board. The supplier shall retain the certificate in his or her records in support of the exemption.

Section § 60106.1

Explanation

If a train operator wants an exemption certificate, they must get a permit from the board first. To apply, they need to fill out a specific form with details like the business name and location, plus any other necessary information. The application must be signed by the business owner or an appropriately authorized person, depending on the business type.

In order to issue an exemption certificate as provided in Section 60106, the train operator shall obtain a permit from the board. Every application for a permit shall be made upon a form prescribed by the board and shall set forth the name under which the applicant transacts or intends to transact business, the location of his or her place or places of business, and such other information as the board may require. The application shall be signed by the owner if a natural person; in the case of an association or partnership, by a member or partner; in the case of a corporation, by an executive officer or some person specifically authorized by the corporation to sign the application.

Section § 60106.2

Explanation

If you tell a supplier that you're buying diesel fuel tax-free for certain exempt purposes, but then use or sell it for different purposes, you will need to pay the tax on it. The tax amount, plus any penalties and interest, will be calculated and collected just like the backup tax in another section.

If a purchaser gives a Section 60106 exemption certificate to a supplier that the diesel fuel purchased will be used in a manner or for a purpose entitling the supplier to regard the removal as exempt from the taxes as provided in paragraph (7) of subdivision (a) of Section 60100 and sells the diesel fuel or uses the diesel fuel in some other manner or for some other purpose, the purchaser shall be liable for payment of the tax under Chapter 2 (commencing with Section 60050) of this part. The tax, applicable penalties, and interest shall become due and payable and shall be ascertained and determined in the same manner as the backup tax under Section 60361.5.

Section § 60106.3

Explanation

This law states that if someone falsely claims an exemption for diesel fuel to avoid paying the associated taxes, they can be charged with a crime. If caught, they could face either a misdemeanor or a felony charge. Additionally, they would owe the state the unpaid tax plus a penalty amounting to the greater of 25% of the tax or $1,000 per false certificate.

(a)CA Revenue & Taxation Code § 60106.3(a) Any person, including any officer or employee of a corporation, who gives a Section 60106 exemption certificate for diesel fuel that he or she knows at the time of purchase is not to be used by him or her or the corporation in the manner or for the purpose entitling the exemption for the purpose of evading payment to the supplier of the amount of the tax applicable to the transaction is guilty of a misdemeanor punishable as provided in Section 60706 or a felony punishable as provided in Section 60707.
(b)CA Revenue & Taxation Code § 60106.3(b) Any person, including any officer or employee of a corporation, who gives a certificate for diesel fuel pursuant to Section 60106 that he or she knows at the time of purchase is not to be used by him or her or the corporation in the manner or for the purpose entitling the exemption is liable to the state for the amount of tax that would be due if he or she had not given that certificate. In addition to the tax, the person shall be liable to the state for a penalty of 25 percent of the tax or one thousand dollars ($1,000), whichever is greater, for each certificate issued for personal gain or to evade the payment of taxes.

Section § 60107

Explanation

This law section outlines the requirements for train operators in California to report the purchase of undyed diesel fuel exempt from taxes. It mandates that operators report the supplier's name and permit number, the amount of fuel purchased, and any other required details. These reports, potentially in electronic format, must be submitted quarterly or more frequently if requested, by the end of the month after the reporting period ends. Inaccurate or improper reports can lead to revocation of the train operator's permit. The administrative rules applicable to suppliers also apply to train operators.

(a)CA Revenue & Taxation Code § 60107(a) For the privilege of purchasing diesel fuel exempt from taxes under paragraph (7) of subdivision (a) of Section 60100, each train operator must make a report to the board showing:
(1)CA Revenue & Taxation Code § 60107(a)(1) The name and permit number of the supplier from whom it purchased undyed diesel fuel and the number of gallons of undyed diesel fuel purchased that is exempt from the tax.
(2)CA Revenue & Taxation Code § 60107(a)(2) Any other information required by the board.
(b)CA Revenue & Taxation Code § 60107(b) Each train operator shall prepare and file with the board a report in the form as prescribed by the board, which may include, but not be limited to, electronic media showing the information in subdivision (a) during each quarterly reporting period. The report shall be filed with the board on or before the last day of the calendar month following the close of the quarterly period to which it relates. To facilitate the administration of this part, the board may require the filing of these reports for other than quarterly periods. Reports shall be authenticated in a form or pursuant to methods as may be prescribed by the board.
(c)CA Revenue & Taxation Code § 60107(c) The board may revoke the train operator’s permit provided for in Section 60106.1 due to the filing of inaccurate or improper reports.
(d)CA Revenue & Taxation Code § 60107(d) All of the administrative provisions of this part relating to a supplier shall be applicable to a train operator.

Section § 60108

Explanation

If a government entity in California uses diesel fuel that is tax-exempt for operating diesel vehicles on highways, they must still pay an amount equal to the usual tax on that fuel. These payments must be made to the State Board of Equalization and are treated like a tax.

Notwithstanding the exemption provided for in subparagraph (D) of paragraph (5) of subdivision (a) of Section 60100, any government entity using diesel fuel exempt from tax under subparagraph (D) of paragraph (5) of subdivision (a) of Section 60100 shall, for the privilege of operating diesel-powered highway vehicles on highways in this state, make a payment equal to the tax specified in Section 60050 for each gallon of exempt diesel fuel used. The payments required by this subdivision shall be paid to the State Board of Equalization in the manner prescribed by the board, and the payments shall be treated as a tax for all purposes of this part.