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Business Taxes Law Guide—Revision 2024

Use Fuel Tax Law

Revenue and Taxation Code

Division 2. Other Taxes
Part 3. Use Fuel Tax

Chapter 1 Fuel Tax Agreements.

Section 9401



9401. Authorization. The board, with the approval of the Department of Finance, may on behalf of the state become a party to a reciprocal fuel tax agreement between this state and another jurisdiction, or an agency thereof that is authorized to enter into an agreement, providing for the administration, collection, and enforcement by a party to the agreement of the taxes imposed upon motor fuels by another jurisdiction, and for the forwarding of collections to the jurisdiction on behalf of which the tax was collected.

For purposes of this section, "taxes imposed upon motor fuels" means the taxes imposed by this state pursuant to Part 3 (commencing with Section 8601) or Part 31 (commencing with Section 60001), and taxes of a similar nature imposed upon any motor fuels by another jurisdiction under its laws.

For purposes of this section, a "jurisdiction" is this state, any other state, the District of Columbia, a province or territory of Canada, or any governmental entity, which is a party to a reciprocal fuel tax agreement authorized by this section.

The board may adopt and enforce regulations necessary to implement the terms of a reciprocal fuel tax agreement to which the board is a party.

History—Stats. 1995, Ch. 555, in effect January 1, 1996, substituted "that" for "which" after "an agency thereof", deleted "such" after "to enter into", deleted "fuel" after "agreement of the", and added "upon motor fuels" after "the taxes imposed", in the first paragraph; substituted "taxes imposed upon motor fuels" for "fuel taxes", substituted "taxes" for "tax" after "means the", substituted "3 (commencing with … Section 60001)" for "2 (commencing with Section 7301) or Part 3 (commencing with Section 8601)" after "pursuant to Part", and substituted "upon any motor … under its laws" for "by another jurisdiction" after "similar nature imposed", in the second paragraph; and deleted "or" after "District of Columbia" and added "or any government entity," after "territory of Canada," in the third paragraph.