Goto previous pageGoto next page
pg. 498

California Laws | Revenue and Taxation Code
DIVISION 2. OTHER TAXES
PART 3.5. FUEL TAX AGREEMENTS

For purposes of this section, a "jurisdiction" is this state, any other state, the District of Columbia, a province or territory of Canada, or any governmental entity, which is a party to a reciprocal fuel tax agreement authorized by this section. (10506)

The board may adopt and enforce regulations necessary to implement the terms of a reciprocal fuel tax agreement to which the board is a party. (10507)

CHAPTER 2. THE INTERNATIONAL FUEL TAX AGREEMENT (10508)(Text)

Article 1. Construction (9405-9407) (10509)(Text)

9405. This chapter shall be administered in conjunction with the IFTA, the Use Fuel Tax Law (Part 3 (commencing with Section 8601)), and the Diesel Fuel Tax Law (Part 31 (commencing with Section 60001)). Whenever the Use Fuel Tax Law or the Diesel Fuel Tax Law is inconsistent with the IFTA or this chapter, the IFTA or this chapter shall prevail except where prohibited by the California Constitution or United States Constitution. (10510)

9407. (a) The IFTA, for the purposes of this chapter, may be used to: (10511)

(1) Determine the base state jurisdiction for motor carriers engaged in interstate commerce. (10512)

(2) Impose recordkeeping requirements. (10513)

(3) Specify audit procedures. (10514)

(4) Establish procedures for the exchange of information. (10515)

(5) Identify interstate motor carriers. (10516)

(6) Define motor vehicles and fuels subject to the provisions of the agreement. (10517)

(7) Determine bond requirements. (10518)

(8) Specify reporting requirements, due dates of returns, interest and penalty rates, and provisions for failure to file returns. (10519)

(9) Specify methods for collection of taxes, interest, and penalties. (10520)

(10) Determine methods for the distribution of taxes and interest collected or assessed to the appropriate jurisdictions. (10521)

(11) Deny, suspend, or cancel benefits under the agreement to any interstate motor carrier who violates the provisions of the agreement. (10522)

(b) The board may adopt regulations to administer the provisions of this chapter. (10523)

Article 2. Definitions (9410-9411) (10524)(Text)

9410. "Contractor" includes a subcontractor. (10525)

9411. "IFTA" means the International Fuel Tax Agreement. The International Fuel Tax Agreement consists of the Articles of Agreement, the Procedures Manual, the Audit Manual, as amended from time to time. (10526)

Article 3. Annual Fees (9420) (10527)(Text)

9420. Except for trip permits as provided in Sections 8708 and 60122, all interstate users who choose to obtain an IFTA license from the board shall apply for a license and secure decals for their vehicles. Application for the license and decals shall be made annually on forms prescribed by the board. The application shall be under oath and shall contain that information as the board deems necessary. Upon receipt of the application, and upon payment of any required reinstatement fee, the board may issue to the applicant a license and decals. (10528)

The decals issued to the interstate user shall be placed on both exterior sides of the vehicle cab. Failure to display the decals in the required location may subject the interstate user to the purchase of a trip permit. The transfer of decals from one interstate user to another interstate user is prohibited. All decals shall remain the property of the state and may be recalled for any violation of the provisions of the IFTA. (10529)

A fee to be determined by the board shall be charged for the annual license and a set of two decals issued prior to and during the calendar year that the license and decal is valid. The board may also prescribe procedures and set a fee for the issuance of a 30-day IFTA temporary license or replacement decals. (10530)

Article 4. Administration (9425) (10531)(Text)

9425. The exemptions in Chapter 2 (commencing with Section 8651) of Part 3 do not apply to IFTA-required returns. However, the exempt use shall be refunded under the refund provisions in Chapter 6 (commencing with Section 9151) of Part 3. (10532)

Article 5. IFTA Disclosure (9430) (10533)(Text)

9430. (a) The board shall make available any and all information obtained under this chapter to any member jurisdiction of the IFTA, a designee of the member jurisdiction, or any contractor under contract with the board. The information obtained by the member jurisdiction, designee, or contractor shall not be made public except to the extent authorized by the agreement. (10534)

(b) The member jurisdictions of the IFTA and the board may utilize any information obtained pursuant to this chapter to develop data on international or interstate commerce, fuel consumption, and any aspect of motor fuel tax administration. (10535)

Article 6. Distribution of Proceeds (9432-9433) (10536)(Text)

9432. The board shall transmit all moneys received by it under this chapter to the Treasurer to be deposited in the State Treasury. The board in accordance with the Treasurer shall set up a reserve account in the State Treasury to disburse those moneys as needed. After distribution payments to other jurisdictions and refunds authorized by the IFTA, the balance remaining in the reserve account shall be transferred, except as provided in Section 9433, to the Motor Vehicle Fuel Account in the Transportation Tax Fund. (10537)

9433. The fees paid for licenses and decals issued under Section 9420 shall be deposited in a reserve account in the State Treasury and shall, upon appropriation by the Legislature, be used for administration of the IFTA program. (10538)

PART 4. LOCAL MOTOR VEHICLE FUEL TAXATION (9501-9507) (10539)(Text)

9501. (a) Except as specified in subdivision (c), in addition to taxes imposed pursuant to Chapter 5 (commencing with Section 99500) of Part 11 of Division 10 of the Public Utilities Code, Part 2 (commencing with Section 7301), Part 3 (commencing with Section 8601), and Part 31 (commencing with Section 60001) of this division, on motor vehicle fuel, a tax may be imposed by a county on a countywide basis in accordance with this part. (10540)

(b) The tax shall be imposed in increments of one cent ($0.01) per gallon or, in the case of compressed natural gas, one cent ($0.01) per 100 cubic feet as measured at standard pressure and temperature. (10541)

Goto previous page498Goto next page

  

Our Mission
Objective

Our mission is to provide citizens free access to the laws and codes of their state utilizing a unique search engine that matches clients with qualified legal professionals who can help with specific issues.

Our goal is to do this in a manner that promotes open government and freedom of information, while providing attorneys with valuable tools to connect with qualified prospects in need of professional services.

Ignorance Is No Excuse
Your Right To Know The Law

All citizens have a right to have access to the laws that govern them. Citizen awareness and participation in government is fundamental to ensuring a sound democracy.

Although unfettered access to the law is a fundamental right to all citizens, there is no substitute for experienced legal counsel.

We do not recommend self-representation. We do, however, recognize that in an age where people routinely research legal matters online using everything from a smartphone to their xbox, both attorneys and clients alike can benefit from this resource.