Sec. 162.108. LICENSE APPLICATION PROCEDURE. (a) To obtain a license under this subchapter, an applicant shall file an application using a form adopted by the comptroller. The application must contain:
(1) the name under which the applicant transacts or intends to transact business;
(2) the applicant's principal office, residence, or place of business in this state, or other location of the applicant;
(3) if the applicant is not an individual, the names of the principal officers of an applicant corporation, or the names of the members of an applicant partnership, and the office, street, or post office addresses of each; and
(4) other information required by the comptroller.
(b) An applicant for a license as a supplier, permissive supplier, or terminal operator must have a federal certificate of registry issued under 26 U.S.C. Section 4101 that authorizes the applicant to enter into federal tax-free transactions of gasoline in the bulk terminal/transfer system. An applicant that is required to have a federal certificate of registry must include the registration number of the certificate on the application for a license. An applicant for a license as an importer, an exporter, or a distributor who has a federal certificate of registry issued under 26 U.S.C. Section 4101 must include the registration number of the certificate on the application for a license.
(c) An applicant for a license as an importer or distributor must list on the application each state from which the applicant intends to import gasoline and, if required by a listed state, must be licensed or registered for gasoline tax purposes in that state. If a listed state requires the applicant to be licensed or registered, the applicant must provide the applicant's license or registration number from that state.
(d) An applicant for a license as an exporter must designate an agent located in this state for service of process and provide the agent's name and address. An applicant for a license as an exporter or distributor must list on the application each state to which the applicant intends to export gasoline received in this state by means of a transfer that is outside the bulk transfer/terminal system and must be licensed or registered for gasoline tax purposes in that state. The applicant must provide the applicant's license or registration number from that state.
(e) An applicant for a license as a motor fuel transporter must list on the application each state from which and to which the applicant intends to transport motor fuel and, if required by a listed state, must be licensed or registered for gasoline tax purposes in that state. If a listed state requires the applicant to be licensed or registered, the applicant must provide the applicant's license or registration number from that state.
Added by Acts 2003, 78th Leg., ch. 199, Sec. 1, eff. Jan. 1, 2004.
Structure Texas Statutes
Subtitle E - Sales, Excise, and Use Taxes
Chapter 162 - Motor Fuel Taxes
Section 162.101. Point of Imposition of Gasoline Tax
Section 162.1025. Separate Statement of Tax Collected From Purchaser
Section 162.103. Backup Tax; Liability
Section 162.105. Persons Required to Be Licensed
Section 162.107. Permissive Supplier Requirements on Out-of-State Removals
Section 162.108. License Application Procedure
Section 162.109. Issuance and Display of License
Section 162.110. Licenses and Trip Permits; Periods of Validity
Section 162.111. Bond and Other Security for Taxes
Section 162.112. License Holder Status List
Section 162.113. Remittance of Tax to Supplier or Permissive Supplier; Allowances
Section 162.114. Returns and Payments
Section 162.1155. Duty to Report Subsequent Sales of Tax-Free Gasoline Purchased for Export
Section 162.117. Duties of Seller of Gasoline
Section 162.118. Information Required on Distributor's Return
Section 162.119. Information Required on Importer's Return; Allowances
Section 162.120. Information Required on Terminal Operator's Return
Section 162.121. Information Required on Motor Fuel Transporter's Return
Section 162.122. Information Required on Exporter's Return and Payment of Tax on Exports
Section 162.123. Information Required on Blender's Return
Section 162.124. Information Required on Interstate Trucker's Return
Section 162.125. Refund or Credit for Certain Taxes Paid
Section 162.126. Refund for Bad Debts; Credit for Nonpayment
Section 162.127. Claims for Refunds
Section 162.1275. Refund for Certain Metropolitan Rapid Transit Authorities
Section 162.128. When Gasoline Tax Refund or Credit May Be Filed