SECTION 206.872. Liability for tax; interstate agreement.
Latest version.
1The person liable for payment of the taxes imposed by s. 12206.8713shall be the following:
17(1) 18Every position holder shall pay taxes on the removal of diesel fuel from a terminal as described by s. 37206.87(2)38. In an exchange agreement between two licensed terminal suppliers, the receiving party shall be liable as the position holder if the receiving party is identified to the terminal operator by the delivering party.
72(2) 73Every terminal supplier shall pay taxes on the removal of diesel fuel from a refinery as specified by s. 92206.87(2)(b)93.
94(3) 95Every importer shall pay taxes on the entry into this state as specified by s. 110206.87(2)(c)111.
112(4) 113Any person that produces blended diesel fuel outside the bulk transfer or terminal system shall pay taxes as provided for by s. 135206.87(2)(e)136.
137(5) 138Any person using diesel fuel in a use which is not exempt under s. 152206.874153is liable for the backup tax imposed under s. 162206.873163.
164(6) 165The seller of diesel fuel is jointly and severally liable for the backup tax imposed under s. 182206.873183if the seller knows or has reason to know that the diesel fuel will be used in any nonexempt use.
203(7) 204The terminal operator is jointly and severally liable for the taxes imposed under s. 218206.87219if:
220(a) 221The position holder with respect to the diesel fuel is a person other than the terminal operator and is not a terminal supplier; or
245(b) 246The terminal operator has not met the conditions specified under subsection (8).
258(8) 259A terminal operator is not liable for taxes imposed under s. 270206.87271if at the time of the removal all the following apply:
282(a) 283The terminal operator is a terminal supplier.
290(b) 291The terminal operator has an unexpired notification certificate from the position holder as required by the Internal Revenue Service.
310(c) 311The terminal operator has no reason to believe that any information in the certificate is false.
327(9) 328The terminal operator is jointly and severally liable for the taxes imposed under s. 342206.87343if, in connection with the removal of diesel fuel that is not dyed and marked in accordance with 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 and marked in accordance with United States Environmental Protection Agency or Internal Revenue Service requirements.
409(10) 410A licensed importer, a position holder in a terminal located outside of this state, or a seller transferring ownership of diesel fuel outside of this state may enter into an agreement with the department for diesel fuel destined for this state whereby the position holder or the seller of diesel fuel agrees to be subject to the laws of this state and comply with the provisions of this chapter in the same manner as if the diesel fuel were withdrawn from a terminal in this state or the transfer of ownership occurred in this state.
505(11)(a) 506Any person who willfully evades or attempts to evade or defeat the payment of the fuel taxes imposed by this part is subject to an assessable penalty. For each offense such person shall be subject to a penalty of $10 for every gallon of diesel fuel involved or $1,000, whichever is greater. The penalty increases with subsequent violations by multiplying the penalty amount by the number of prior violations. The penalty applies in any of the following circumstances:
5851. 586If any dyed diesel fuel is sold or held for sale by any person for any use that such person knows or has reason to know is not a nontaxable use of such diesel fuel.
6212. 622If any dyed diesel fuel is held for use or used by any person for a use other than a nontaxable use and such person knew, or had reason to know, that such diesel fuel was so dyed.
6603. 661If any person willfully, with intent to evade tax, alters, or attempts to alter, the strength or composition of any dye or marker in any dyed diesel fuel.
689(b) 690Any business entity and each officer, employee, or agent of the entity who willfully participated in any act giving rise to the penalty is jointly and severally liable with the entity for the penalty.
