Sec. 6.
As used in this act:
(a) "Tank wagon" means a straight truck having 1 or more compartments other than the fuel supply tank designed or used to carry motor fuel.
(b) "Tank wagon operator-importer" means a person who operates a tank wagon and imports motor fuel into this state from another state.
(c) "Tax" means a tax, interest, or penalty levied under this act.
(d) "Terminal" means a motor fuel storage and distribution facility that meets all of the following requirements:
(i) Is registered as a qualified terminal by the internal revenue service.
(ii) Is supplied by pipeline or marine vessel.
(iii) Has a rack from which motor fuel may be removed.
(e) "Terminal operator" means a person who owns, operates, or otherwise controls a terminal.
(f) "Transmix" means the mixed product that results from the buffer or interface of 2 different products in a pipeline shipment, or a mixture of 2 different products within a refinery or terminal that results in an off-grade mixture.
(g) "Transport truck" means a semitrailer combination rig designed or used for the purpose of transporting motor fuel over the public roads or highways.
(h) "Transporter" means an operator of a railroad or rail car, tank wagon, transport truck, or other fuel transportation vehicle engaged in the business of transporting motor fuel below the terminal rack.
(i) "Two-party exchange" means a transaction in which motor fuel is transferred from 1 licensed supplier or licensed permissive supplier to another licensed supplier or licensed permissive supplier where all of the following occur:
(i) The transaction includes a transfer from the person who holds the original inventory position for motor fuel in the terminal as reflected in the records of the terminal operator.
(ii) The exchange transaction is completed before removal across the rack from the terminal by the receiving licensed supplier or licensed permissive supplier.
(iii) The terminal operator in its books and records treats the receiving exchange party as the supplier that removes the product across a terminal rack for purposes of reporting the transaction to the department.
(j) "Ultimate vendor" means the person who sells motor fuel to the end user of the fuel.
(k) "Wholesaler" means a person who acquires motor fuel from a supplier or from another wholesaler for subsequent sale and distribution at wholesale by a fuel transportation vehicle, rail car, or other motor vehicle.
History: 2000, Act 403, Eff. Apr. 1, 2001 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
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 207.1010 - Repealed. 2021, Act 124, Imd. Eff. Dec. 17, 2021.
Section 207.1012 - Imposition on Nonexempt End User; Joint and Several Liability.
Section 207.1022 - Tax on Gasoline, Diesel Fuel, and Alternative Fuel in Lieu of Other Taxes.
Section 207.1026 - Presumption as to Use or Consumption of Motor Fuel on Public Roads or Highways.
Section 207.1030 - Tax Exemption.
Section 207.1032 - Use of Motor Fuel for Nontaxable Purpose; Refund.
Section 207.1036 - Tax Refund on Motor Fuel Acquired by Licensed Exporter.
Section 207.1038 - Repealed. 2015, Act 176, Eff. Jan. 1, 2017.
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 207.1047 - Tax Refund; Time of Filing.
Section 207.1051 - False Statement; Violation as Misdemeanor; Penalty.
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 207.1061 - 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 207.1076 - Sale of Motor Fuel by Bonded or Occasional Importer; License Requirements.
Section 207.1078 - Tax Liability for Motor Fuel Imported From Another Country.
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 207.1090, 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 207.1105 - 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 207.1110 - 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 207.1115 - 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 207.1124 - 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 207.1131 - Determination of Shipping Paper Violation; Inspection.
Section 207.1134 - Refusal to Allow Inspection or Audit.
Section 207.1136 - Violation of Act; 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 207.1149 - Tax Credit; Ineligibility.
Section 207.1151 - Definitions.
Section 207.1152 - Tax on Alternative Fuel.
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.