58.1-2233 - Deductions; percentage discount.

§ 58.1-2233. Deductions; percentage discount.

A. A licensed importer who removes motor fuel from a terminal rack of apermissive or an elective supplier or licensed distributor may deduct fromthe amount of tax otherwise payable to a supplier the amount calculated onmotor fuel that the licensee received from the supplier and resold to agovernmental entity, or resold to an organization described in subdivision 2of § 58.1-2226 for use in the operation of an aircraft if, when removing thefuel, the licensee used an exempt access card or exempt access code specifiedby the supplier to notify the supplier of the licensee's intent to resell thefuel in an exempt sale.

B. A licensed importer who removes motor fuel from a terminal rack of apermissive supplier, an elective supplier, or a licensed distributor maydeduct from the amount of tax otherwise payable to a supplier the amountcalculated on aviation jet fuel that the licensee received from the supplierand resold to a licensed aviation consumer if, when removing the fuel, thelicensee used an exempt access card or exempt access code specified by thesupplier to notify the supplier of the licensee's intent to resell theaviation jet fuel to a licensed aviation consumer.

C. A licensed distributor who pays the tax due a supplier by the date thesupplier is required to remit the tax to this Commonwealth may deduct fromthe amount due a discount of one percent of the amount of tax payable. Alicensed importer who (i) removes motor fuel from a terminal rack of apermissive or an elective supplier and (ii) pays the tax due to the supplierby the date the supplier is required to remit the tax to the Commonwealth maydeduct from the amount due a discount of one percent of the amount of taxpayable. A supplier shall not directly or indirectly deny this discount to alicensed distributor or licensed importer who pays the tax due the supplierby the date the supplier is required to remit the tax to the Commonwealth.

(2000, cc. 729, 758.)