Michigan Compiled Laws
Act 403 of 2000 - Motor Fuel Tax Act (207.1001 - 207.1170)
Section 207.1003 - Definitions; F to I.

Sec. 3.
As used in this act:
(a) "Fuel feedstock user" means a person who receives motor fuel for the person's own use in the manufacture or production of any substance other than motor fuel.
(b) "Fuel grade ethanol" means the American Society for Testing and Materials standard in effect on April 1, 2001 as the D-4806 specification for denatured fuel grade ethanol for blending with gasoline.
(c) "Fuel transportation vehicle" means a vehicle designed or used to transport motor fuel on the public roads or highways. Fuel transportation vehicle includes, but is not limited to, a transport truck and a tank wagon. Fuel transportation vehicle does not include a vehicle transporting a nurse tank or limited volume auxiliary-mounted supply tank used for fueling an implement of husbandry.
(d) "Gallon" means a unit of liquid measure as customarily used in the United States containing 231 cubic inches, or 4 quarts, or its metric equivalent expressed in liters. Where the term gallon appears in this act, the term liters is interchangeable so long as the equivalence of a gallon and 3.785 liters is preserved. A quantity required to be furnished under this act may be specified in liters when authorized by the department.
(e) "Gasohol" means a blended motor fuel composed of gasoline and fuel grade ethanol.
(f) "Gasoline" means gasoline, alcohol, gasohol, casing head or natural gasoline, benzol, benzine, naphtha, and any blendstock additive, or other product including methanol that is sold for blending with gasoline or for use on the road other than products typically sold in containers of less than 5 gallons. Gasoline also includes a liquid prepared, advertised, offered for sale, sold for use as, or used in the generation of power for the propulsion of a motor vehicle, airplane, or marine vessel, including a product obtained by blending together any 1 or more products of petroleum, with or without another product, and regardless of the original character of the petroleum products blended, if the product obtained by the blending is capable of use in the generation of power for the propulsion of a motor vehicle, airplane, or marine vessel. The blending of all of the above named products, regardless of their name or characteristics, shall conclusively be presumed to have been done to produce motor fuel, unless the product obtained by the blending is entirely incapable of use as motor fuel. Gasoline also includes transmix. Gasoline does not include diesel fuel or leaded racing fuel. An additive or blendstock is presumed to be sold for blending unless a certification is obtained for federal purposes that the substance is for a use other than blending for gasoline.
(g) "Gross gallons" means the total measured product, exclusive of any temperature or pressure adjustments, considerations, or deductions, in gallons.
(h) "Implement of husbandry" means a farm tractor, a vehicle designed to be drawn or pulled by a farm tractor or animal, a vehicle that directly harvests farm products, or a vehicle that directly applies fertilizer, spray, or seeds to a farm field. Implement of husbandry does not include a motor vehicle licensed for use on the public roads or highways of this state.
(i) "Import" means to bring motor fuel into this state by motor vehicle, marine vessel, pipeline, or any other means. Import does not include bringing motor fuel into this state in the fuel supply tank of a motor vehicle if the motor fuel is used to power that motor vehicle. Motor fuel delivered into this state from outside of this state by or for the seller constitutes an import by the seller, and motor fuel delivered into this state from outside of this state by or for the purchaser constitutes an import by the purchaser.
(j) "Importer" means a person who imports motor fuel into this state.
(k) "Import verification number" means the number assigned by the department to an individual delivery of motor fuel by a transport truck, tank wagon, marine vessel, or rail car in response to a request for a number from an importer or transporter carrying motor fuel into this state for the account of an importer.
(l) "Inflation rate" means the annual percentage change in the consumer price index, as determined by the department, comparing the 2 most recent October 1 through September 30 periods that are immediately preceding the effective date of the rate prescribed under section 8(1)(c), converted to decimals. If the annual percentage change is negative, then the inflation rate is zero.
(m) "In this state" means the area within the borders of this state, including all territories within the borders owned by, held in trust by, or added to the United States of America.
(n) "Invoiced gallons" means the number of gallons actually billed on an invoice.
History: 2000, Act 403, Eff. Apr. 1, 2001 ;-- Am. 2002, Act 668, Eff. Apr. 1, 2003 ;-- Am. 2006, Act 277, Eff. Jan. 1, 2004 ;-- Am. 2015, Act 176, Eff. Jan. 1, 2017 Compiler's Notes: Enacting section 1 of Act 277 of 2006 provides:"Enacting section 1. This amendatory act shall be retroactively applied to January 1, 2004 but shall not authorize refunds other than to an end user for taxes previously paid."Compiler's Notes: Enacting section 2 of Act 468 of 2014 provides:"Enacting section 2. This amendatory act does not take effect unless House Joint Resolution UU of the 97th Legislature becomes a part of the state constitution of 1963 as provided in section 1 of article XII of the state constitution of 1963."House Joint Resolution UU was presented to the electors as Proposal 15-1 at the May 5, 2015 special election. The proposal to amend the constitution was not approved by the voters and Act 468 of 2014 does not go into effect.

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 207 - Taxation

Act 403 of 2000 - Motor Fuel Tax Act (207.1001 - 207.1170)

Section 207.1001 - Short Title.

Section 207.1002 - Definitions; a to E.

Section 207.1003 - Definitions; F to I.

Section 207.1004 - Definitions; K to P.

Section 207.1005 - Definitions; R to S.

Section 207.1006 - Definitions; T to W.

Section 207.1008 - Tax on Motor Fuel; Rates; Collection or Payment; Exception; Manner and Time; Imposition of Rate on Net Gallons; Legislative Intent; Bills of Lading and Invoices; Identification of Blended Product and Correct Fuel Product Code; Term...

Section 207.1010 - Repealed. 2021, Act 124, Imd. Eff. Dec. 17, 2021.

Section 207.1012 - Imposition on Nonexempt End User; Joint and Several Liability.

Section 207.1014 - Tax Remittance by Electronic Funds Transfer; Deduction for Quantity of Gas Removed by Supplier; Payment or Credit.

Section 207.1016 - Tax Credit by Supplier in Amount Uncollected From Purchaser; Notice; Rules; Report; Identification; Limitation; Additional Credit; Remittance.

Section 207.1020 - Motor Fuel Blended With Untaxed Products or Materials; Tax; Applicable Rate; Remittance.

Section 207.1022 - Tax on Gasoline, Diesel Fuel, and Alternative Fuel in Lieu of Other Taxes.

Section 207.1024 - Sale, Delivery, Use, Possession, or Storage of Motor Fuel; Prohibition; Exceptions; Violation as Misdemeanor.

Section 207.1026 - Presumption as to Use or Consumption of Motor Fuel on Public Roads or Highways.

Section 207.1028 - Tax on Sale or Use of Motor Fuel; Measurement by Gross Gallons; Time; Measurement on Net Gallons Sold by Supplier Through Terminal as 1-Time Option.

Section 207.1030 - Tax Exemption.

Section 207.1032 - Use of Motor Fuel for Nontaxable Purpose; Refund.

Section 207.1033 - Use of Motor Fuel for Nonhighway Purposes; Refund Not Applicable for Snowmobile, Off-Road Vehicle, or Certain Vessel.

Section 207.1034 - Government Owned, Leased, or Operated Vehicle; Refund or Deduction on Gasoline or Diesel Fuel Sold Tax-Free.

Section 207.1035 - School Bus Owned, Operated, or Leased by Educational Institution; Refund or Deduction on Gasoline or Diesel Fuel Sold Tax-Free.

Section 207.1036 - Tax Refund on Motor Fuel Acquired by Licensed Exporter.

Section 207.1037 - Tax Refund on Motor Fuel Exported Out of Bulk Plant in Tank Wagon; Tax Refund or Deduction on Tax-Free K-1 Kerosene Sold Through Blocked Pump.

Section 207.1038 - Repealed. 2015, Act 176, Eff. Jan. 1, 2017.

Section 207.1039 - Tax Refund on Motor Fuel or Leaded Racing Fuel Used in Husbandry Implement or Other Nonhighway Purpose.

Section 207.1040 - Tax Refund on Contaminated, Lost, or Destroyed Motor Fuel or Alternative Fuel; Exception.

Section 207.1041 - Tax Refund on Gasoline Used in Community Action Agency Vehicle.

Section 207.1042 - Tax Refund on Diesel Fuel Used for Motor Bus.

Section 207.1043 - Tax Deduction for Stored Motor Fuel Exported by Transport Truck.

Section 207.1044 - Tax Refund on Motor Fuel Consumed for Exempt Use.

Section 207.1045 - Tax Refund for Common Fuel Supply Tank Propelling Vehicle and Operating Attached Equipment.

Section 207.1047 - Tax Refund; Time of Filing.

Section 207.1048 - Refund Claim; Requirements; Filing Date; Investigation; Deduction in Lieu of Refund; Interest.

Section 207.1051 - False Statement; Violation as Misdemeanor; Penalty.

Section 207.1053 - License Required; Application; Form; Information; Current Licenses; License for More Than 1 Business Activity; Person Licensed as Supplier; Violation; Penalty.

Section 207.1055 - License Application; Investigation; Occasional Importer's License or Bonded Importer's License.

Section 207.1056 - Fingerprints.

Section 207.1057 - Financial Statements.

Section 207.1058 - Surety Bond or Cash Deposit.

Section 207.1059 - New or Increased Amount of Bond or Cash Deposit.

Section 207.1060 - Filing New Bond; Circumstances; Release of Previous Bond; Reduced or Disposed Cash Deposit.

Section 207.1061 - Release From Bond or Cash Deposit.

Section 207.1062 - Denial of License Application.

Section 207.1063 - Issuance of License.

Section 207.1064 - Transfer of License; Prohibition.

Section 207.1065 - Discontinuance, Sale, or Transfer of Business; Notice.

Section 207.1066 - Final Report and Payment Due.

Section 207.1067 - Noncompliance; Suspension or Revocation of License.

Section 207.1068 - Report or Statement Requirements.

Section 207.1069 - Forms Development.

Section 207.1070 - Supplier's License; Fee; Monthly Report; Violation as Misdemeanor.

Section 207.1071 - Tax Remittance by Supplier.

Section 207.1072 - Treatment of Removals by Licensed Supplier; Election.

Section 207.1073 - Permissive Supplier.

Section 207.1074 - Collection of Tax From Purchaser; Election.

Section 207.1075 - Purchaser's Election; Evidence of Financial Responsibility or Bonding Requirements; Revocation of Election; Alternative; Appeal.

Section 207.1076 - Sale of Motor Fuel by Bonded or Occasional Importer; License Requirements.

Section 207.1077 - Licensed Occasional or Bonded Importer; Reporting Requirements; Waiver; Violation as Misdemeanor.

Section 207.1078 - Tax Liability for Motor Fuel Imported From Another Country.

Section 207.1079 - Diversions Into State of Imported Motor Fuel; Tax Reporting and Payment; Agreement Permitting Supplier to Assume Importer's Liability.

Section 207.1080 - Time Period for Tax Payment on Motor Fuel Imported From Another Country; Precollected Tax; Importation of Undyed Motor Fuel; Penalty.

Section 207.1081 - Diversion of Fuel From Out-of-State to In-State by Unlicensed Importer; Importer Required to Pay Tax; Terms and Conditions; Agreement Permitting Supplier to Assume Importer's Liability.

Section 207.1082 - Licensure as Tank Wagon Operator-Importer.

Section 207.1083 - Terminal Operator's License.

Section 207.1084 - Tax Liability of Terminal Operator.

Section 207.1085 - Exportation of Motor Fuel; Requirements; Violation; Penalty; Exemption.

Section 207.1086 - Exporter License; Requirements; Fee; Report.

Section 207.1087 - Exporter Required to Pay Tax; Fuel Diversion Number; Terms and Conditions of Payment and Notice; Agreement Permitting Supplier to Assume Exporter's Liability; Tax Refund and Credit.

Section 207.1088 - Failure or Late Filing of Report or Tax Remittance; Payment Requirements; Penalties and Interest.

Section 207.1089 - Transporter's License; Fee; Report; Failure to Submit Report; Penalty; Waiver; Importation of Undyed Motor Fuel.

Section 207.1090, 207.1091 - Repealed. 2002, Act 668, Eff. Apr. 1, 2003.

Section 207.1092 - Retail Marine Diesel Dealer License; Fee; Filing; Report; Payment Date; Waiver.

Section 207.1093 - Blender's License; Fee; Filing; Report; Waiver.

Section 207.1094 - Aviation Fuel.

Section 207.1098 - Transportation of Gasoline or Diesel Fuel by Pipeline or Marine Vessel; Report.

Section 207.1099 - Cross-Border Movement of Motor Fuel; Compact.

Section 207.1101 - Manually-Prepared Shipping Paper as Substitute for Machine-Generated.

Section 207.1102 - Shipping Paper; Carrying and Producing Copy.

Section 207.1103 - Shipping Paper; Notice Requirements.

Section 207.1104 - Acquisition of Undyed Motor Fuel or Taxes Unpaid; Conditions; Compliance; Violation.

Section 207.1105 - Delivery of Fuel; Shipping Paper Provided or Placed in Receptacle; Violation.

Section 207.1106 - Retention of Shipping Paper.

Section 207.1107 - Delivery of Motor Fuel Without Shipping Paper; Acceptance Prohibited.

Section 207.1108 - Violation of Shipping Paper Requirements as Honest Error; Relief; Coordination for Operation of Common Telephone Diversion Verification Number Assignment System.

Section 207.1109 - Reliance by Person Issuing Shipping Paper on Certain Representations; Tax Liability.

Section 207.1110 - Misleading Statement Imprinted on Shipping Paper; Prohibition; Violation.

Section 207.1111 - Shipping Paper Tamper-Resistant Standards; Rules.

Section 207.1112 - Sale or Removal of Dyed Diesel Fuel; Notice.

Section 207.1113 - Dyed Kerosene; Notice.

Section 207.1114 - Diversion of Motor Fuel From Destination on Shipping Paper; Rebuttable Presumption.

Section 207.1115 - Display of Person's Name and License Number; Letters and Figures.

Section 207.1116 - Transportation of Motor Fuel Without Shipping Paper; Violation.

Section 207.1121 - Dyed Diesel Fuel or Other Exempt Fuel; Use.

Section 207.1122 - Dyed Diesel Fuel; Use in Motor Vehicle on Public Roads or Highways; Exception; Penalty.

Section 207.1123 - Alteration of Strength or Composition of Dye or Marker; Possession, Sale, or Purchase of Dye Removal Equipment.

Section 207.1124 - Repealed. 2006, Act 287, Imd. Eff. July 20, 2006.

Section 207.1125 - Metering Equipment; Requirements.

Section 207.1126 - Failure to Collect or Timely Remit Tax.

Section 207.1127 - False or Fraudulent Return; Amount Evaded.

Section 207.1128 - Liability of Officer, Employee, or Agent of Corporation.

Section 207.1129 - Violation of Shipping Paper Requirements; Presumptive Evidence; Violation of Meter Tampering Provisions; Impoundment, Seizure, Sale, and Forfeiture; Request to Drive Vehicle to Impound Lot.

Section 207.1130 - Seizure; Inventory Statement; Hearing; Forfeiture; Appeal to Circuit Court; Agreement to Sell Fuel; Public Sale.

Section 207.1131 - Determination of Shipping Paper Violation; Inspection.

Section 207.1132 - Supervision or Operation of Weigh Stations or Other Inspection Points; Qualified Persons.

Section 207.1133 - Audit and Examination of Records, Books, Papers, and Equipment; Sampling Inspections; Availability to Department.

Section 207.1134 - Refusal to Allow Inspection or Audit.

Section 207.1136 - Violation of Act; Penalty.

Section 207.1141 - Tax Belonging to State; Failure to Make Payment or to Defraud as Embezzlement; Penalty.

Section 207.1142 - Motor Fuel Tax Evasion Prevention Fund; Creation; Disposition.

Section 207.1143 - Deposit of Money in State Treasury; Credit.

Section 207.1144 - Exchange of Information.

Section 207.1145 - Administration of Taxes.

Section 207.1146 - Filing Date.

Section 207.1147 - Report on Dyed Diesel Fuel Reporting.

Section 207.1148 - Rules.

Section 207.1149 - Tax Credit; Ineligibility.

Section 207.1151 - Definitions.

Section 207.1152 - Tax on Alternative Fuel.

Section 207.1153 - Alternative Fuel Dealer or Alternative Fuel Commercial User; License Required; Application; Fee; Licensing and Bonding Requirements.

Section 207.1154 - Filing of Report and Payment of Tax by Alternative Fuel Dealer or Alternative Fuel Commercial User; Filing of Report and Payment of Tax by Person Other Than Alternative Fuel Dealer or Alternative Fuel Commercial User; Effect of Non...

Section 207.1155 - Person Consuming Alternative Fuel for Other Than Operating Motor Vehicle on Roads or Highways; Eligibility for Refund; Tax Exemption; Purchaser to Be Provided With Invoice or Receipt; Listing Price in Plain View; Failure to Pay Tax...

Section 207.1161 - Outstanding Bonds Issued by Mackinac Bridge Authority; Payment of Principal, Interest, and Costs.

Section 207.1162 - Mackinac Bridge Tolls; Reduction.

Section 207.1163 - Mackinac Bridge Bond Indebtedness; Advances.

Section 207.1164 - East-West Interstate Route in Upper Peninsula; Matching Funds.

Section 207.1169 - Repeal of MCL 207.101 to 207.202.

Section 207.1170 - Effective Date.