§818.20.  Remittance of tax

A.  Each licensed supplier or permissive supplier shall remit to the secretary the tax levied by this Subpart and due on all gasoline or diesel fuel.  The tax to be remitted shall be calculated on the total net taxable gallons.  The tax due shall be paid by electronic funds transfer and shall be due the twenty-second day of the calendar month following the month of removal.

B.  Each licensed distributor and licensed importer shall remit to the supplier or permissive supplier, as applicable, the tax levied and due on gasoline or diesel fuel removed at a terminal rack.  At the election of a licensed distributor or licensed importer, the supplier or permissive supplier shall not require the licensed distributor or licensed importer to pay the tax levied until two days before the date the supplier or permissive supplier is required to pay the tax.  An election under this Subsection is subject to the condition that remittances by the licensed distributor or licensed importer of all tax due to the supplier or permissive supplier shall be paid by electronic funds transfer two days before the date of the remittance by the supplier or permissive supplier to the secretary.  An election under this Subsection may be terminated by the supplier or permissive supplier if the licensed distributor or licensed importer does not make timely payments to the supplier or permissive supplier as required by this Subsection.

C.  A licensed exporter shall remit any applicable tax due on gasoline or diesel fuel removed at a terminal rack to the supplier of the gasoline or diesel fuel.  The date by which an exporter shall remit the tax is governed by the laws of the destination state of the exported gasoline or diesel fuel.  If the laws of the destination state prohibit the collection of the destination state's tax, the tax levied by this Subpart shall be collected.

D.  With respect to two-party exchanges between licensed parties, the exchange recipient is responsible for the collecting and remitting of the tax when the gasoline or diesel fuel is delivered into a truck or tank car via the terminal rack.

Acts 2005, No. 252, §1, eff. July 1, 2006.