SECTIONS 8732-8735 - California Statutes

REVENUE AND TAXATION CODE

SECTION 8732-8735

8732. A vendor of fuel the use of which is taxable under this part,
who sells and delivers such fuel into a fuel tank shall, at the time
of sale, collect the tax from the user and give to the user a
receipt therefor in the manner and form prescribed by the board.
When fuel is sold through a keylock mechanism or other unattended
mechanism it shall be presumed that the vendor delivered the fuel
into the fuel tank of a motor vehicle and the vendor must collect the
tax from the user. This presumption shall be rebutted and the vendor
shall not collect the tax if the user certifies in writing to the
vendor that all fuel delivered to him through a specific keylock
mechanism or other unattended mechanism will be delivered into bulk
containers.
Vendors of fuel required by this section to collect tax from users
shall not be required to make such collections on sales and
deliveries to users who are authorized by the board, as hereinafter
provided, to purchase fuel without payment of tax to a vendor.
The board may issue written authorization to a holder of a valid
use fuel permit to purchase fuel from a vendor designated by the user
without payment of the tax to the vendor when the board finds (1)
that the user consistently is using the fuel in vehicles which are
operated partly without this state or off the highways of this state,
or the user qualifies for the exemption provided in Section 8655,
and (2) that to require collection of the tax from the user by the
vendor would cause consistently recurring overpayments of the tax,
and (3) that the revenue of the state with respect to the tax
liability of such user is adequately secured. Such authorization may
be revoked when any such condition no longer obtains.

8732.1. Without requiring the issuance of a vendor use fuel tax
permit, the board may issue written authorization to a political
subdivision of this state which holds a valid user use fuel tax
permit to furnish fuel as an accommodation to another political
subdivision of this state which holds a valid user use fuel tax
permit if the board finds that the political subdivision furnishing
the fuel agrees to report and pay all taxes applicable to the fuel it
furnishes and each political subdivision agrees to keep such records
and file such reports as the board deems necessary to ensure that
all applicable taxes shall be paid.
For the purposes of this section "political subdivision of this
state" means any governmental organization formed and operating under
the authority of the laws of this state and includes counties,
cities, cities and counties, school districts, fire protection
districts, irrigation districts, and recreation districts.

8732.5. A vendor is relieved from liability to collect use fuel tax
which became due and payable subsequent to July 1, 1958, insofar as
the sales of the fuel are represented by accounts which have been
found worthless and charged off for income tax purposes. If the
vendor has previously paid the amount of the tax, he may, under rules
and regulations prescribed by the board, take a credit in such
amount. If any such accounts are thereafter in whole or in part
collected by the vendor, the gallons of fuel represented by the
amounts collected shall be included in the first return filed after
such collection and the amount of the tax thereon paid with the
return. The board may, at its option, require the seller to submit
periodical reports listing accounts delinquent for a 90-day period or
over.

8733. The tax required to be collected by the vendor constitutes a
debt owed by the vendor to this State.

8734. The board may require vendors to submit at such times as it
shall designate copies of the receipts given pursuant to Section
8732.

8735. The provisions of Chapters 4 to 9, inclusive, of this part
shall apply to any vendor in the same manner as such provisions apply
to any user.