2013 South Carolina Code of Laws
Title 12 - Taxation
CHAPTER 28 - MOTOR FUELS SUBJECT TO USER FEES
SECTION 12-28-530. Increase in user fee rate.
(A) The user fee imposed by Section 12-28-310 on the date of an increase in the user fee rate set out in that section is applicable to motor fuel previously subject to the user fee:
(1) in excess of one thousand gallons held in storage by an end user;
(2) inventory held for sale by a fuel vendor.
(B) The user fee imposed by Section 12-28-310 is applicable to nonexempt inventory held by a person outside of the bulk transfer system in this State in quantities which, in the aggregate with respect to the person, exceed one thousand gallons, to the extent the inventory previously has not been subject to the user fee imposed by this State under the predecessor motor fuel tax statute. However, no user fee is payable with respect to motor fuel subject to the user fee which is dyed diesel fuel or held by an exempt user including government entities described under Sections 12-28-710(6) and 12-28-710(12).
(C) Persons in possession of taxable motor fuel subject to this section shall perform the following:
(1) take an inventory to determine the gallons in storage for purposes of determining the user fee on inventory;
(2) deduct the amount of motor fuel subject to the user fee in dead storage;
(3) deduct these gallons in which the user fee at the full rate previously has been paid;
(4) take a deduction for gallons of dyed diesel fuel included in item (1) above, if appropriate;
(5) report the gallons listed in item (1) on forms provided by the department.
(D) The amount of the inventory user fee is equal to the inventory user fee rate times the gallons in storage as determined under subsection (B). The inventory user fee rate is equal to the difference between the increased user fee rate minus the previous user fee rate to which those gallons were previously subjected to the user fee.
(E) Payment of this floorstock user fee must be made in conformity with Section 12-28-985.
HISTORY: 1995 Act No. 136, Section 2.
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