Any person who willfully commits any of the following acts with the intent to (i) evade or circumvent the taxes imposed under this chapter or (ii) assist any other person in efforts to evade or circumvent such taxes is guilty of a Class 6 felony, if he:
1. Does not pay the taxes imposed under this chapter and diverts the proceeds from such taxes for other purposes;
2. Is a distributor required to be registered under the provisions of this chapter, or the agent or representative of such a distributor, and converts or attempts to convert proceeds from taxes imposed under this chapter for the use of the distributor or the distributor's agent or representative, with the intent to defraud the Commonwealth;
3. Illegally collects taxes imposed under this chapter when not authorized or licensed by the Commissioner to do so;
4. Conspires with any other person or persons to engage in an act, plan, or scheme to defraud the Commonwealth of proceeds from taxes levied under this chapter;
5. Fails to remit to the Commissioner any tax levied pursuant to this chapter, if he (i) has added, or represented that he has added, the tax to the price for the fuel and (ii) has collected the amount of the tax; or
6. Applies for or collects from the Department a tax credit when the person knows or has reason to know that fuel for which the credit is claimed has been or will be used for a taxable purpose; however, if the amount of fuel involved is not more than 20 gallons, such person is guilty of a Class 1 misdemeanor.
2012, cc. 217, 225; 2018, cc. 797, 798.
Structure Code of Virginia
Chapter 22.1 - Motor Vehicle Fuels Sales Tax in Certain Transportation Districts
§ 58.1-2293. Regulation; forms
§ 58.1-2294. Disclosure of information; penalties
§ 58.1-2295. Levy; payment of tax
§ 58.1-2296. Backup tax; liability
§ 58.1-2297. When tax return and payment are due; credits for overpayment
§ 58.1-2299.1. Exclusion from professional license tax
§ 58.1-2299.2. Certificates of registration; issuance; civil penalty
§ 58.1-2299.3. Collection of tax
§ 58.1-2299.4. Absorption of tax prohibited
§ 58.1-2299.5. Sale of business
§ 58.1-2299.6. Late filing or payment; civil penalty
§ 58.1-2299.7. False or fraudulent return; civil penalty
§ 58.1-2299.8. Payment of civil penalty; disposition; waiver
§ 58.1-2299.9. Prohibited acts; criminal penalties
§ 58.1-2299.10. Willful commission of prohibited acts; criminal penalties
§ 58.1-2299.12. Jeopardy assessment
§ 58.1-2299.13. Memorandum of lien for collection of taxes
§ 58.1-2299.14. Recordkeeping requirements; inspection of records; civil penalties
§ 58.1-2299.15. Application to Commissioner for correction; appeal
§ 58.1-2299.16. Period of limitations
§ 58.1-2299.17. Waiver of time limitation on assessment of taxes
§ 58.1-2299.18. Suits to recover taxes
§ 58.1-2299.19. Liability of corporate or partnership officer; penalty