Sec. 154.
(1) For the purpose of determining the amount of tax payable to the department, an alternative fuel dealer shall, on or before the twentieth day of each month, file with the department on a form or in a format prescribed by the department a report that includes the number of gallons or gallon equivalents, if applicable, of alternative fuel used by the alternative fuel dealer during the preceding calendar month, together with any other information the department may require. An alternative fuel dealer shall pay to the department at the time of filing the report the full amount of the tax owed.
(2) Beginning on January 1, 2017, for the purpose of determining the amount of tax owed to the department, an alternative fuel commercial user that uses alternative fuel as described in section 151(j) upon which the tax imposed under section 152 has not been collected by or paid to an alternative fuel dealer shall, on or before the twentieth day of each month, file with the department a report that includes the number of gallons or gallon equivalents, if applicable, of the alternative fuel described in this subsection that was used or consumed by the alternative fuel commercial user during the preceding calendar month, together with any other information the department requires. An alternative fuel commercial user shall pay the full amount of the tax due to the department at the time of filing the required report. Notwithstanding anything to the contrary in this act, an alternative fuel commercial user may report and pay the tax imposed under section 152 on compressed natural gas based on a gallon equivalent equal to 6.384 pounds or 142.78 cubic feet at 60 degrees Fahrenheit and 1 atmosphere of pressure if all of the following conditions are met:
(a) The compressed natural gas was placed into the fuel supply tank of a motor vehicle owned by the alternative fuel commercial user through the use of an alternative fuel filling station.
(b) That the alternative fuel filling station described in (a) is owned or leased by the alternative fuel commercial user, is located at the place of business of the alternative fuel commercial user, and is unavailable for public use.
(c) The motor vehicle described in (a) is not any of the following:
(i) Subject to the international fuel tax agreement described in section 2a of the motor carrier fuel tax act, 1980 PA 119, MCL 207.212a.
(ii) Required to have a decal affixed to the cab under section 5 of the motor carrier fuel tax act, 1980 PA 119, MCL 207.215.
(iii) Operated under a trip permit issued by the department under section 7 of the motor carrier fuel tax act, 1980 PA 119, MCL 207.217.
(3) Beginning on January 1, 2018, for the purpose of determining the amount of tax owed to the department, a person that is not an alternative fuel dealer or an alternative fuel commercial user shall pay the tax imposed under section 152 on alternative fuel placed into a motor vehicle fuel supply tank from an alternative fuel filling station for which the tax has not been collected by or paid to an alternative fuel dealer, and shall file with the department on or before the twentieth day following the end of each quarter a form that indicates the number of gallons or gallon equivalents, if applicable, used or consumed by that person during the preceding calendar quarter. A person described in this subsection shall pay to the department the full amount of the tax due at the time of filing the required form.
(4) Except as otherwise provided in this section, a person that uses alternative fuel for a taxable purpose and does not pay the tax imposed under this section shall pay to the department the tax imposed under section 152, along with any applicable penalties or interest, at the time and in the manner prescribed by the department.
History: 2000, Act 403, Eff. Apr. 1, 2001 ;-- Am. 2015, Act 176, Eff. Jan. 1, 2017 ;-- Am. 2016, Act 317, Eff. Jan. 1, 2017 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.