Statement of operations by terminal operators - Inventory records - Reports by out-of-state terminal operators.

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A. Each person operating a terminal in this state shall file with the Commission by the twenty-seventh day of each month a sworn statement of operations within this state for each terminal within this state, including the information set out in subsection B of this section, on forms prescribed and furnished by the Commission. The Commission may require the reporting of any information it considers reasonably necessary in addition to that required under subsection B of this section.

B. The monthly terminal report required by this section shall include the following information for each terminal location in this state:

1. Terminal code assigned by the Internal Revenue Service;

2. Total inventory at the terminal operated by the terminal operator;

3. Detailed schedules of receipts by shipment including:

  • a.carrier name or alpha code,
  • b.carrier federal identification number,
  • c.mode of transportation,
  • d.date received,
  • e.document number,
  • f.net gallons received, and
  • g.product type;

4. Detailed schedules of removals by shipment including:

  • a.carrier name or alpha code,
  • b.carrier federal identification number,
  • c.mode of transportation,
  • d.destination state,
  • e.supplier removing the fuel,
  • f.supplier federal identification number,
  • g.date removed from terminal,
  • h.document number,
  • i.net gallons, and
  • j.gross gallons;

In the event the Internal Revenue Service provides a common system of assigning to carriers alpha-numeric codes in lieu of names, then this data will be required in lieu of carrier names.

C. For purposes of reporting and determining tax liability under this act, every licensee shall maintain inventory records as required by the Commission.

D. In the event that the source state does not require a terminal report which provides data substantially similar to that required by this section, any terminal operator subject to the police power of this state, and who operates a terminal outside that state, shall provide a report of gallons removed as to which the operator issued a shipping paper indicating this state as the destination state consistent with the information required under this section. This provision shall be ineffective if substantially similar data is readily available to this state from a federal terminal report or from the source state.

Added by Laws 1996, c. 345, § 39, eff. Oct. 1, 1996.


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