58.1-2236 - Deductions and discounts allowed a supplier when filing a return. - Virginia Statutes

§ 58.1-2236. Deductions and discounts allowed a supplier when filing a return.

A. The supplier may deduct from the next monthly return those tax paymentsthat were not remitted for the previous month to the supplier by (i) alicensed distributor or (ii) a licensed importer who removed the motor fuelon which the tax is due from a terminal of an elective or a permissivesupplier. A supplier shall not be liable for the tax such a licensee owes thesupplier but fails to pay. If such licensee pays the tax owed to a supplierafter the supplier deducts the amount of such tax on a return, the suppliershall remit the payment to the Commissioner with the next monthly returnfiled subsequent to receipt of the tax.

B. A supplier who timely files a return with the payment due may deduct, fromthe amount of tax payable with the return, an administrative discount ofone-tenth of one percent of the amount of tax payable to the Commonwealth,not to exceed $5,000 per month.

C. A supplier who sells motor fuel directly to an unlicensed distributor orto a bulk user, retailer, or user of the fuel may take one-half of the samepercentage discount on the fuel that a licensed distributor may take undersubsection C of § 58.1-2233 when making deferred payments of tax to thesupplier.

D. When filing a return, a supplier who issues or authorizes the issuance ofan exempt access card or an exempt access code to a person that enables theperson to buy motor fuel at retail without paying tax on the fuel may deductthe amount of tax imposed on fuel purchased with the exempt access card orexempt access code. The amount of tax imposed on fuel purchased at retailwith an exempt access card or exempt access code is the amount that wasimposed on the fuel when it was delivered to the retailer of the fuel.

(2000, cc. 729, 758.)