§ 58.1-2237. Duties of supplier as trustee
A. All tax payments due to the Commonwealth received by a supplier pursuant to § 58.1-2231 shall be held by the supplier as trustee in trust for the Commonwealth, and a supplier has a fiduciary duty to remit to the Commissioner the amount of tax received by the supplier. A supplier shall be liable for the taxes paid to him.
B. A supplier shall notify a licensed distributor, licensed exporter, or licensed importer who received motor fuel from the supplier during a reporting period of the number of taxable gallons received. The supplier shall give this notice after the end of each reporting period and before the licensee is required to remit to the supplier the amount of tax due on the fuel.
C. A supplier of motor fuel at a terminal shall notify the Commissioner within 10 business days after a return is due of any licensed distributor or licensed importer who did not pay the tax due the supplier when the supplier filed his return. The notice shall be transmitted to the Commissioner in the form required by the Commissioner.
D. A supplier who receives a payment of tax shall not apply the payment to a debt that the person making the payment owes the supplier for motor fuel purchased from the supplier.
(2000, cc. 729, 758; 2004, c. 340.)Sections: Previous 58.1-2230 58.1-2231 58.1-2232 58.1-2233 58.1-2234 58.1-2235 58.1-2236 58.1-2237 58.1-2238 58.1-2239 58.1-2240 58.1-2241 58.1-2242 58.1-2243 58.1-2244 Next
Last modified: April 16, 2009