The tax levied pursuant to § 58.1-2217 is imposed at the point that the motor fuel is:
1. Removed from a refinery or a terminal and, upon removal, is subject to the federal excise tax imposed by 26 U.S.C. § 4081;
2. Imported by a system transfer to a refinery or a terminal and, upon importation, is subject to the federal excise tax imposed by 26 U.S.C. § 4081;
3. Imported by a means of transfer outside the terminal transfer system for sale, use, or storage in Virginia and would have been subject to the federal excise tax imposed by 26 U.S.C. § 4081 if it had been removed at a terminal or bulk plant rack in Virginia instead of being imported;
4. If the motor fuel is gasohol, (i) removed from a terminal or distribution facility, unless the removed fuel is received by a supplier for subsequent sale or (ii) imported into Virginia outside the terminal transfer system by a means other than a marine vessel, a transport truck, or a railroad tank car;
5. If the motor fuel is blended fuel, made within Virginia or imported into Virginia; or
6. Transferred within the terminal transfer system and, upon transfer, is subject to the federal excise tax imposed by 26 U.S.C. § 4081.
2000, cc. 729, 758; 2003, c. 781.
Structure Code of Virginia
Chapter 22 - Virginia Fuels Tax Act
§ 58.1-2200. Title; nature of tax
§ 58.1-2202. Regulations; forms
§ 58.1-2203. Exchange of information; penalties
§ 58.1-2204. Persons required to be licensed
§ 58.1-2205. Types of importers; qualification for license as an importer
§ 58.1-2206. Persons who may obtain a license
§ 58.1-2207. Restrictions on qualification for license as a distributor
§ 58.1-2208. License application procedure
§ 58.1-2209. Supplier election to collect tax on out-of-state removals
§ 58.1-2210. Permissive supplier election to collect tax on out-of-state removals
§ 58.1-2211. Bond or certificate of deposit requirements
§ 58.1-2212. Grounds for denial of license
§ 58.1-2213. Issuance of license
§ 58.1-2214. Notice of discontinuance, sale or transfer of business
§ 58.1-2215. License cancellation
§ 58.1-2216. Records and lists of license applicants and licensees
§ 58.1-2217. Taxes levied; rate
§ 58.1-2218. Point of imposition of motor fuels tax
§ 58.1-2219. Liability for tax on removals from a terminal
§ 58.1-2220. Liability for tax on imports
§ 58.1-2222. Liability for tax on blended fuel
§ 58.1-2223. Liability for tax on fuel transferred within terminal transfer system
§ 58.1-2224. Tax on unaccounted for motor fuel losses; liability
§ 58.1-2225. Backup tax; liability
§ 58.1-2226. Exemptions from tax
§ 58.1-2227. Sales of aviation jet fuel to licensed aviation consumers
§ 58.1-2228. Exempt access cards; exempt access codes
§ 58.1-2229. Removals by out-of-state bulk user
§ 58.1-2230. When tax return and payment are due
§ 58.1-2231. Remittance of tax to supplier
§ 58.1-2232. Notice of cancellation or reissuance of licenses; effect of notice
§ 58.1-2233. Deductions; percentage discount
§ 58.1-2234. Monthly reconciling returns
§ 58.1-2235. Information required on return filed by supplier
§ 58.1-2236. Deductions and discounts allowed a supplier when filing a return
§ 58.1-2237. Duties of supplier as trustee
§ 58.1-2238. Returns and discounts of importers
§ 58.1-2239. Returns and discounts of aviation consumers
§ 58.1-2240. Informational returns of terminal operators
§ 58.1-2241. Informational returns of motor fuel transporters
§ 58.1-2242. Return of distributors and certain other licensees; exports
§ 58.1-2243. Use of name and account number on return
§ 58.1-2244. Persons required to be licensed
§ 58.1-2245. License application procedure
§ 58.1-2246. Bond or certificate of deposit requirements
§ 58.1-2247. Issuance, denial or cancellation of license
§ 58.1-2248. Notice of discontinuance, sale or transfer of business
§ 58.1-2249. Tax on alternative fuel
§ 58.1-2250. Exemptions from tax
§ 58.1-2251. Liability for tax; filing returns; payment of tax
§ 58.1-2252. Remittance of tax to provider of alternative fuel
§ 58.1-2254. Exempt sale deduction
§ 58.1-2255. Returns and payments by bulk users and retailers of alternative fuel; storage
§ 58.1-2256. Deductions and discounts for providers of alternative fuel filing returns
§ 58.1-2257. Duties of provider of alternative fuel as trustee
§ 58.1-2258. Use of name and account number on return
§ 58.1-2259. Fuel uses eligible for refund of taxes paid for motor fuels
§ 58.1-2260. Refund of taxes erroneously or illegally collected
§ 58.1-2261. Refund procedure; investigations
§ 58.1-2262. Payment of refund
§ 58.1-2265. Improper sale or use of untaxed fuel; civil penalty
§ 58.1-2266. Late filing or payment; civil penalty
§ 58.1-2267. Refusal to allow inspection or taking of fuel sample; civil penalty
§ 58.1-2268. Engaging in business without a license; civil penalty
§ 58.1-2268.1. Preventing a person from obtaining a license; civil penalty
§ 58.1-2269. False or fraudulent return; civil penalty
§ 58.1-2270. Failure to keep or retain records; civil penalty
§ 58.1-2271. Payment of civil penalties; disposition; waiver
§ 58.1-2272. Prohibited acts; criminal penalties
§ 58.1-2273. Willful commission of prohibited acts; criminal penalties
§ 58.1-2275. Record-keeping requirements
§ 58.1-2276. Inspection of records
§ 58.1-2277. Administrative authority
§ 58.1-2278. Equipment requirements
§ 58.1-2279. Marking requirements for dyed diesel fuel storage facilities
§ 58.1-2280. Estimates of fuel subject to tax; assessments; notice of assessment
§ 58.1-2281. Application to Commissioner for correction
§ 58.1-2282. Appeal of Commissioner's decisions
§ 58.1-2283. Jeopardy assessment
§ 58.1-2284. Memorandum of lien for collection of taxes
§ 58.1-2285. Period of limitations
§ 58.1-2286. Waiver of time limitation on assessment of taxes
§ 58.1-2287. Suits to recover taxes
§ 58.1-2288. Liability of corporate or partnership officer; penalty