A. Any person committing any of the following acts shall be subject to the civil penalty specified in subsection B:
1. Selling or storing any dyed diesel fuel for use in a highway vehicle that is licensed or required to be licensed, unless that use is allowed under 26 U.S.C. § 4082;
2. Willfully altering or attempting to alter the strength or composition of any dye or marker in any dyed diesel fuel;
3. Using dyed diesel fuel in a highway vehicle unless that use is allowed under 26 U.S.C. § 4082;
4. Acquiring, selling or storing any fuel for use in a watercraft, aircraft, or highway vehicle that is licensed or required to be licensed unless the tax levied by this chapter has been paid; or
5. Using any fuel in a watercraft, aircraft, or highway vehicle that is licensed or required to be licensed unless the tax levied by this chapter has been paid.
B. The amount of the civil penalty for any act described in subsection A shall be the greater of $1,000 or ten dollars per gallon of fuel, based on the maximum storage capacity of the storage tank, container or storage tank of the highway vehicle, watercraft or aircraft.
C. The Commissioner is authorized to reduce or waive any civil penalties under this section if the violation is due to a reasonable or good cause shown to the satisfaction of the Commissioner.
2000, cc. 729, 758.
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