Section § 60701

Explanation

This law makes it illegal for anyone to obtain diesel fuel in California claiming it's for export but then failing to actually export it. You can't divert diesel fuel that's supposed to be in transit across state or national borders. Additionally, if you bring diesel fuel back into California and use or sell it without following the proper rules and letting the original supplier know, that's illegal too. Violating these rules is a misdemeanor, and each illegal shipment is considered a separate offense, with defined units like vessel, truck, or drum.

It is unlawful for any person, firm, association, or corporation, or any officer or agent thereof, through false statement, trick or device, or otherwise, to do any of the following:
(a)CA Revenue & Taxation Code § 60701(a) Obtain diesel fuel for export and fail to export it, or cause it not to be exported.
(b)CA Revenue & Taxation Code § 60701(b) Divert diesel fuel, or cause it to be diverted, from interstate or foreign transit begun in this state.
(c)CA Revenue & Taxation Code § 60701(c) Return diesel fuel to this state and sell or use it, or cause it to be used or sold in this state, without complying with the provisions of this part and without notifying the supplier from whom the diesel fuel was originally purchased of that act.
Any person violating any provision of this section is guilty of a misdemeanor punishable as provided in Section 60706.
Each shipment illegally diverted or illegally returned constitutes a separate offense. The unit of each shipment is the cargo of one vessel, one railroad car load, one automobile truck load, one truck and trailer load, one drum, one case, or one can.

Section § 60702

Explanation

This California law makes it illegal for suppliers or anyone else to work together to hold back diesel fuel from being exported, redirect it from transport out of the state, or bring it back into the state to dodge taxes. Each illegal shipment is considered a separate crime, where a shipment can be anything from a truckload to a single can. If someone breaks this law, they're committing a misdemeanor, which means being charged with a less serious crime, with penalties described in another section.

It is unlawful for any supplier or other person to conspire with any person, firm, association, or corporation, or any officer or agent thereof, to withhold diesel fuel from export, or to divert it from interstate or foreign transit begun in this state, or to return it to this state for sale or use so as to avoid any of the taxes imposed by this part.
Each shipment illegally diverted or illegally returned constitutes a separate offense. The unit of each shipment is the cargo of one vessel, one railroad car load, one automobile truck load, one truck and trailer load, one drum, one barrel, one case, or one can.
Any person violating any provision of this section is guilty of a misdemeanor punishable as provided in Section 60706.

Section § 60703

Explanation

If you bring diesel fuel from outside California and use it to power a qualified motor vehicle both in and out of the state or the U.S., you could be charged with a misdemeanor. However, if you're an interstate user with a valid diesel fuel tax license or a diesel fuel trip permit, you're exempt from this penalty.

Any person who acquires diesel fuel outside this state and uses the diesel fuel for the operation of a qualified motor vehicle within and without this state or the United States, is guilty of a misdemeanor punishable as provided in Section 60706 unless that person is an interstate user who holds a valid diesel fuel tax license or diesel fuel trip permit as defined in Sections 60120 and 60122.

Section § 60704

Explanation

If someone files a refund claim that's false or fraudulent, they're committing a misdemeanor and will face penalties as described in another section of the law.

Any person who makes, issues or signs a false or fraudulent claim for refund under this part is guilty of a misdemeanor punishable as provided in Section 60706.

Section § 60705

Explanation

This law states that if someone is required to file a report or return, and they intentionally make it false or fraudulent to avoid paying the correct amount due, they are guilty of a misdemeanor. This also applies to anyone who helps or advises in creating a document that is false or fraudulent, even if the person submitting it doesn't know about the dishonesty. Violations are punishable as outlined in another section, 60706.

(a)CA Revenue & Taxation Code § 60705(a) Any person required to make, render, sign, or verify any return or report who makes any false or fraudulent return or report with intent to defeat or evade the determination of an amount due required by law to be made is guilty of a misdemeanor punishable as provided in Section 60706.
(b)CA Revenue & Taxation Code § 60705(b) Any person who willfully aids or assists in, or procures, counsels, or advises in the preparation or presentation under, or in connection with any matter arising under this part, of a return, affidavit, claim, or other document which is fraudulent or is false as to any material matter, whether or not the falsity or fraud is with knowledge or consent of the person authorized or required to present the return, affidavit, claim, or document is guilty of a misdemeanor punishable as provided in Section 60706.

Section § 60706

Explanation

If someone breaks the rules in this section, it's considered a misdemeanor, unless stated otherwise. The punishment can be a fine between $1,000 and $5,000, up to six months in county jail, or both, depending on what the court decides.

Any violation of this part, except as otherwise provided, is a misdemeanor. Each offense shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding six months, or by both fine and imprisonment in the discretion of the court.

Section § 60706.1

Explanation

If someone is convicted of illegally dealing with diesel fuel under Section 60706, they may have to pay up to $2 per gallon of fuel involved in the violation, along with any fines or prison time. The court decides the exact penalty.

The money collected goes to the county's treasurer where the case was tried. First, it's used to cover the costs of the prosecution and county administration. Any leftover money is sent to the Motor Vehicle Fuel Account in the Transportation Tax Fund, which is used for administrative costs related to enforcing these laws.

In addition to the fine or imprisonment, or both, each person convicted under Section 60706 shall pay, in the court’s discretion, up to two dollars ($2) for each gallon of diesel fuel, or portion thereof, knowingly removed, entered, blended, or delivered into a fuel tank, or possessed, kept, stored, or retained for the purpose of removal or removed, or offered for removal, or entry, or entered, or for sale, or actually sold, or offered for sale, or for the purpose of use, or actually used, or for the purpose of delivery into a fuel tank, or actually delivered into a fuel tank, or offered for delivery into a fuel tank, in violation of Section 60706, as determined by the court. Proceeds of the assessed penalty shall be distributed to the treasurer of the county in which the action was brought. After reimbursing the prosecuting agency for its costs of prosecution, and after deducting the county’s reasonable costs of administration, the remaining proceeds shall be distributed to the Motor Vehicle Fuel Account in the Transportation Tax Fund. Funds distributed pursuant to this section to the Motor Vehicle Fuel Account shall be available, upon appropriation by the Legislature, to pay administrative costs of the board to enforce this part.

Section § 60707

Explanation

This California law states that if someone intentionally tries to avoid paying taxes of $25,000 or more over any 12-month period, they are committing a felony. If found guilty, they could face a fine between $5,000 and $20,000, prison time of 16 months to three years, or both, depending on what the court decides.

Notwithstanding any other provision of this part, any person who willfully evades or attempts in any manner to evade or defeat the payment of the tax imposed by this part is guilty of a felony when the amount of tax liability aggregates twenty-five thousand dollars ($25,000) or more in any 12-consecutive-month period. Each offense shall be punished by a fine of not less than five thousand dollars ($5,000) and not more than twenty thousand dollars ($20,000), or imprisonment for 16 months, or two, or three years, or both the fine and imprisonment in the discretion of the court.

Section § 60707.1

Explanation

If someone is convicted of certain illegal activities involving diesel fuel, they may be required to pay an extra penalty of up to $2 for each gallon involved, as decided by the court. This is in addition to any fines or jail time they might face. The money collected from this penalty first pays back the prosecuting costs and county administration fees. What’s left goes to the Motor Vehicle Fuel Account to help cover the administrative costs of enforcing fuel regulations.

In addition to the fine or imprisonment, or both, each person convicted under Section 60707 shall pay, in the court’s discretion, up to two dollars ($2) for each gallon of diesel fuel, or portion thereof, knowingly removed, entered, blended, or delivered into a fuel tank, or possessed, kept, stored, or retained for the purpose of removal or removed, or offered for removal, or entry, or entered, or for the purpose of sale, or actually sold, or offered for sale, or for the purpose of use, or actually used, or delivery into a fuel tank, or delivered into a fuel tank, or offered for delivery into a fuel tank, in violation of Section 60707, as determined by the court. Proceeds of the assessed penalty shall be distributed to the treasurer of the county in which the action was brought. After reimbursing the prosecuting agency for its costs of prosecution, and after deducting the county’s reasonable costs of administration, the remaining proceeds shall be distributed to the Motor Vehicle Fuel Account in the Transportation Tax Fund. Funds distributed pursuant to this section to the Motor Vehicle Fuel Account shall be available, upon appropriation by the Legislature, to pay administrative costs of the board to enforce this part.

Section § 60708

Explanation

This law states that if someone breaks a penal rule related to this part, legal action must start within three years after the offense happens or within two years after the violation is found out, whichever comes later.

Any prosecution for violation of any of the penal provisions of this part shall be instituted within three years after the commission of the offense, or within two years after the violation is discovered, whichever is later.

Section § 60709

Explanation

This law says that if someone owes restitution or amounts imposed for criminal offenses to the board, the board can collect these amounts just like collecting unpaid diesel fuel taxes, including using court orders to garnish wages.

The restitution becomes final and payable when noted in the board's records. The rules for collecting these amounts are the same as if the diesel fuel tax collection rules were written into this law, unless there's a conflict.

Refunds or credits won’t be given for these payments, and interest can be added from when the amount is recorded. There’s no time limit for collecting these amounts, and any unpaid amounts can be collected through a state tax lien recorded at any time until everything, including interest, is paid off.

This rule has been in effect since January 1, 2012, for any amounts due to the board before or after this date.

(a)Copy CA Revenue & Taxation Code § 60709(a)
(1)Copy CA Revenue & Taxation Code § 60709(a)(1) Restitution orders or any other amounts imposed by a court of competent jurisdiction for criminal offenses upon a person or any other entity that are due and payable to the board may be collected by the board in any manner provided by law for collection of a delinquent diesel fuel tax liability, including, but not limited to, issuance of an order and levy under Article 4 (commencing with Section 706.070) of Chapter 5 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure in the manner provided for earnings withholding orders for taxes.
(2)CA Revenue & Taxation Code § 60709(a)(2) Amounts imposed by a court of competent jurisdiction as an order of restitution for criminal offenses shall be treated as final and due and payable to the State of California on the date that amount is established on the records of the board.
(b)CA Revenue & Taxation Code § 60709(b) Part 31 (commencing with Section 60001) shall apply to amounts collected under this section in the same manner and with the same force and effect and to the full extent as if the language of those laws had been incorporated in full into this section, except to the extent that any provision is either inconsistent with this section or is not relevant to this section.
(c)CA Revenue & Taxation Code § 60709(c) Notwithstanding Chapter 8 (commencing with Section 60501), a refund or credit shall not be allowed for any amounts paid or payments applied under this section.
(d)CA Revenue & Taxation Code § 60709(d) Amounts authorized to be collected pursuant to this section may accrue interest at the greater of the rate applicable to the amounts being collected or the rate provided under Section 6591.5 from and after the date the amounts are established on the records of the board.
(e)CA Revenue & Taxation Code § 60709(e) Amounts authorized to be collected pursuant to this section are not subject to any statute of limitations set forth in Chapter 7 (commencing with Section 60401).
(f)CA Revenue & Taxation Code § 60709(f) Notwithstanding Sections 60441 to 60445, inclusive, or Chapter 14 (commencing with Section 7150) of Division 7 of Title 1 of the Government Code, any portion of the amounts authorized to be collected under this section that remain unsatisfied may be collected by the recording of a notice of state tax lien. The board may record or extend a recorded notice of state tax lien at any time until the amount due, including any accrued interest, is paid in full.
(g)CA Revenue & Taxation Code § 60709(g) This section shall apply on and after January 1, 2012, to amounts authorized to be collected pursuant to this section that are due and payable to the board before, on, or after January 1, 2012.