Sec. 76.
(1) A person who desires to import motor fuel into this state from another country by transport truck, tank wagon, pipeline, or marine vessel into a storage facility other than a qualified terminal shall be licensed as either of the following:
(a) An occasional importer.
(b) A bonded importer.
(2) An applicant for a license under subsection (1) may choose which license the person shall operate under. The fee for either license is $1,000.00.
(3) A bonded importer or occasional importer who sells motor fuel shall collect from the purchaser the tax imposed by section 8 on that motor fuel.
(4) In addition to the license application information required by section 53, an applicant for an occasional importer's license or a bonded importer's license shall provide a copy of the applicant's license to purchase or handle motor fuel tax-exempt in the specified province, country, or other source jurisdiction for which the license is to be issued.
(5) This section does not apply to a person who imports motor fuel if both of the following conditions are met:
(a) All of the motor fuel is subject to 1 or more tax precollection agreements with a supplier as provided in section 72.
(b) All of the motor fuel is expressly evidenced on the terminal-issued shipping paper as provided in section 101.
(6) A person who desires to import motor fuel into a destination in this state from outside the United States, and who has not entered into an agreement to prepay to the supplier or permissive supplier this state's motor fuel tax with respect to the motor fuel, shall obtain an occasional importer's license or a bonded importer's license subject to the special bonding requirements of section 58(2).
(7) A person who obtains a license to import motor fuel pursuant to subsection (5) shall do all of the following:
(a) Obtain an import verification number from the department within 24 hours before entering the state for each separate import into the state but not later than actual entry into this state.
(b) Display the import verification number on the terminal-issued shipping paper required under section 104.
(c) Comply with the payment requirements under section 78 or 80, whichever is applicable.
(8) An occasional importer's license or a bonded importer's license issued under subsection (5) shall be specific to each foreign country or other jurisdiction outside the United States.
(9) If the foreign country or other jurisdiction outside the United States has adopted reciprocal legislation or entered into a compact with this state providing for collection of destination jurisdiction tax by the terminal supplier in accordance with terminal-issued shipping papers designating the intended state or country of destination, then the importer is ineligible for a license to import motor fuel outside of the bulk transfer terminal system from the other country, and a license to so import is canceled.
(10) The department shall not issue an occasional importer's license or a bonded importer's license if the applicant is not licensed in the foreign country or other jurisdiction outside the United States.
History: 2000, Act 403, Eff. Apr. 1, 2001
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.