2006 Code of Virginia § 58.1-2255 - Returns and payments by bulk users and retailers of alternative fuel; storage

58.1-2255. Returns and payments by bulk users and retailers of alternativefuel; storage.

A. Each bulk user of alternative fuel and retailer of alternative fuel shallfile a monthly informational return with the Commissioner. A monthly returncovers a calendar month and is due by the twentieth day of the second monththat follows such month.

The return shall include the following information and any other informationrequired by the Commissioner:

1. The amount of alternative fuel received during the month;

2. The amount of alternative fuel sold or used during the month;

3. The number of gallons for which a deduction was taken during the monthpursuant to 58.1-2254, by provider, if applicable; and

4. The number of gallons sold in exempt sales during the month, by type ofsale, and the purchaser of the fuel in the exempt sales, if applicable.

B. If the number of gallons for which an eligible retailer of alternativefuel takes a deduction during a month exceeds the number of exempt gallons orgallon equivalent sold, the retailer of alternative fuel shall pay tax on thedifference at the rate imposed by subsection A of 58.1-2249. The tax shallbe payable when the informational return is due.

C. A bulk user of alternative fuel or a retailer of alternative fuel maystore highway and nonhighway alternative fuel in separate storage tanks or inthe same storage tank. If highway and nonhighway alternative fuel are storedin separate storage tanks, the tank for the nonhighway fuel shall be markedin accordance with the requirements set by 58.1-2279 for dyed dieselstorage facilities. If highway and nonhighway alternative fuel are stored inthe same storage tank, the storage tank shall be equipped with separatemetering devices for the highway fuel and the nonhighway fuel. If theCommissioner determines that a bulk user of alternative fuel or retailer ofalternative fuel used or sold alternative fuel to operate a highway vehiclewhen the fuel was dispensed from a storage tank or through a meter marked fornonhighway use, all fuel delivered into that storage tank shall be presumedto have been used to operate a highway vehicle.

(2000, cc. 729, 758; 2002, c. 7.)