| (a) Records Required.
(1) A supplier and permissive supplier, as those terms
are defined in Tax Code, §162.001, shall keep the shipping documents
that relate to each receipt for distribution of gasoline or diesel
fuel and shall keep records that show:
(A) the number of gallons of all gasoline or diesel
fuel inventories on hand at the first of each month;
(B) the number of gallons of all gasoline or diesel
fuel refined, compounded, or blended;
(C) the number of gallons of all gasoline or diesel
fuel purchased or received, showing the name of the seller and the
date of each purchase or receipt;
(D) the number of gallons of all gasoline or diesel
fuel sold, distributed, or used, showing the name of the purchaser
and the date of the sale, distribution, or use;
(E) the number of gallons of all gasoline or diesel
fuel lost by fire, theft, or accident; and
(F) an itemized statement showing by load the number
of gallons of all gasoline or diesel fuel:
(i) received during the preceding calendar month for
export and the location of the loading;
(ii) exported from this state by destination state
or country; and
(iii) imported during the preceding calendar month
by state or country of origin.
(2) A supplier or permissive supplier when acting as
a distributor, importer, exporter, blender, aviation fuel dealer,
or motor fuel transporter is subject to the record keeping requirements
of that license.
(3) A distributor of gasoline or diesel fuel, as that
term is defined in Tax Code, §162.001, shall keep the shipping
documents that relate to each receipt for distribution of gasoline
or diesel fuel and shall keep records that show:
(A) the number of gallons of all gasoline or diesel
fuel inventories on hand at the first of each month;
(B) the number of gallons of all gasoline or diesel
fuel refined, compounded, or blended;
(C) the number of gallons of all gasoline or diesel
fuel purchased or received, showing the name of the seller and the
date of each purchase or receipt;
(D) the number of gallons of all gasoline or diesel
fuel sold, distributed, or used, showing the name of the purchaser
and the date of the sale, distribution, or use;
(E) the number of gallons of all gasoline or diesel
fuel lost by fire, theft, or accident;
(F) an itemized statement showing by load the number
of gallons of all gasoline or diesel fuel:
(i) received during the preceding calendar month for
export and the location of the loading;
(ii) exported from this state by destination state
or country; and
(iii) imported during the preceding calendar month
by state or country of origin; and
(G) proof of payment of tax to the destination state
in a form acceptable to the comptroller for gasoline or diesel fuel
exported from this state under Tax Code, §162.204(a)(4)(A).
(4) A distributor, when acting as an importer, exporter,
blender, aviation fuel dealer, or motor fuel transporter, is subject
to the record keeping requirements of that license.
(5) An importer, as that term is defined in Tax Code, §162.001,
shall keep the shipping documents that relate to each receipt for
distribution of gasoline or diesel fuel and shall keep records that
show:
(A) the number of gallons of all gasoline or diesel
fuel inventories on hand at the first of each month;
(B) the number of gallons of all gasoline or diesel
fuel refined, compounded, or blended;
(C) the number of gallons of all gasoline or diesel
fuel purchased or received, showing the name of the seller and the
date of each purchase or receipt;
(D) the number of gallons of all gasoline or diesel
fuel sold, distributed, or used, showing the name of the purchaser
and the date of the sale, distribution, or use;
(E) the number of gallons of all gasoline or diesel
fuel lost by fire, theft, or accident; and
(F) an itemized statement showing by load the number
of gallons of all gasoline or diesel fuel:
(i) received during the preceding calendar month for
export and the location of the loading;
(ii) exported from this state by destination state
or country; and
(iii) imported during the preceding calendar month
by state or country of origin.
(6) An importer, when acting as an exporter or blender,
is subject to the record keeping requirements of that license.
(7) An exporter, as that term is defined in Tax Code, §162.001,
shall keep the shipping documents that relate to each receipt for
distribution and shall keep records that show:
(A) the number of gallons of all gasoline or diesel
fuel inventories on hand at the first of each month;
(B) the number of gallons of all gasoline or diesel
fuel refined, compounded, or blended;
(C) the number of gallons of all gasoline or diesel
fuel purchased or received, showing the name of the seller and the
date of each purchase or receipt;
(D) the number of gallons of all gasoline or diesel
fuel sold, distributed, or used, showing the name of the purchaser
and the date of the sale or use;
(E) the number of gallons of all gasoline or diesel
fuel lost by fire, theft, or accident;
(F) an itemized statement showing by load the number
of gallons of all gasoline or diesel fuel:
(i) received during the preceding calendar month for
export and the location of the loading; and
(ii) exported from this state by destination state
or country; and
(G) proof of payment of tax to the destination state
or proof that the transaction was exempt in the destination state,
in a form acceptable to the comptroller if an exemption under Tax
Code, §162.104(a)(4)(B) and §162.204(a)(4)(B) is claimed.
(8) A blender, as that term is defined in Tax Code, §162.001,
shall keep the shipping documents that relate to each receipt for
distribution and shall keep records that show the number of gallons
of:
(A) all gasoline or diesel fuel inventories on hand
at the first of each month;
(B) all gasoline or diesel fuel refined, compounded,
or blended;
(C) all blending agents blended with gasoline or diesel
fuel;
(D) all gasoline or diesel fuel purchased or received,
showing the name of the seller and the date of each purchase or receipt;
(E) the number of gallons of all gasoline or diesel
fuel sold, distributed, or used, showing the name of the purchaser
and the date of the sale or use; and
(F) the number of gallons of all gasoline or diesel
fuel lost by fire, theft, or accident.
(9) A terminal operator, as that term is defined in
Tax Code, §162.001, shall keep records that show:
(A) the number of gallons of all gasoline or diesel
fuel inventories on hand at the first of each month, including the
name and license number of each owner and the amount of gasoline or
diesel fuel held for each owner;
(B) the number of gallons of all gasoline or diesel
fuel received, showing the name of the seller and the date of each
purchase or receipt;
(C) the number of gallons of all gasoline or diesel
fuel sold, distributed, or used, showing the name of the purchaser
and the date of the sale, distribution, or use;
(D) the number of gallons of all gasoline or diesel
fuel lost by fire, theft, or accident; and
(E) the number of gallons on an itemized statement
showing by load the number of gallons of all gasoline or diesel fuel:
(i) received during the preceding calendar month for
export and the location of the loading;
(ii) exported from this state by destination state
or country; and
(iii) imported during the preceding calendar month
by state or country of origin.
(10) A dealer, as that term is defined in Tax Code, §162.001,
shall keep the shipping documents that relate to each receipt for
distribution and shall keep records that show the number of gallons
of:
(A) gasoline or diesel fuel inventories on hand at
the first of each month;
(B) all gasoline or diesel fuel purchased or received,
showing the name of the seller and the date of each purchase or receipt;
(C) all gasoline or diesel fuel sold or used, showing
the date of the sale or use; and
(D) all gasoline or diesel fuel lost by fire, theft,
or accident.
(11) An interstate trucker, as that term is defined
in Tax Code, §162.001, shall keep records on an individual-vehicle
basis of:
(A) the total miles traveled, evidenced by odometer
or hubodometer readings, everywhere by all vehicles traveling to or
from this state, and the total miles traveled, evidenced by odometer
or hubodometer readings, in this state, including for each individual
vehicle:
(i) date of each trip (starting and ending);
(ii) trip origin and destination;
(iii) beginning and ending odometer or hubodometer
reading of each trip;
(iv) odometer or hubodometer reading entering Texas,
and odometer or hubodometer reading leaving Texas; and
(v) power unit number or vehicle identification number
or license plate number;
(B) the total quantity purchased and delivered at retail
of gasoline, diesel fuel, compressed natural gas, or liquefied natural
gas everywhere by all vehicles traveling to or from this state, and
the total quantity of gasoline, diesel fuel, compressed natural gas,
or liquefied natural gas purchased and delivered into the fuel supply
tanks of motor vehicles in this state, including for each individual
vehicle:
(i) date of purchase;
(ii) name and address of seller;
(iii) number of gallons or liters purchased;
(iv) type of fuel purchased;
(v) price per gallon or liter; and
(vi) unit number of the vehicle into which the fuel
was placed;
(C) in the case of an interstate trucker that uses
a distribution log to record removals from the person's own bulk storage
into a motor vehicle, the person's stamped or preprinted name and
address, and for each individual delivery:
(i) date of delivery;
(ii) number of gallons or liters of gasoline or diesel
fuel delivered;
(iii) diesel gallon equivalent or gasoline gallon equivalent
of compressed natural gas or liquefied natural gas delivered;
(iv) license plate or vehicle identification number
or power unit number;
(v) odometer or hubodometer reading; and
(vi) signature of the user;
(D) in the case of an interstate trucker that maintains
bulk fuel storage, the number of gallons of gasoline or diesel fuel
beginning and ending inventories, all invoices of bulk purchases,
and records to substantiate all fuel withdrawals from storage; and
(E) in the case of an interstate trucker who delivers
compressed natural gas or liquefied natural gas into the fuel supply
tank of a motor vehicle, must hold a compressed natural gas and liquefied
natural gas dealer license and is subject to the record keeping requirements
pursuant to paragraph (17) of this subsection.
(12) An aviation fuel dealer, as that term is defined
in Tax Code, §162.001, shall keep the shipping document that
relates to each receipt for distribution and shall keep records that
show:
(A) the number of gallons of all gasoline or diesel
fuel inventories on hand at the first of each month;
(B) the number of gallons of all gasoline or diesel
fuel purchased or received, showing the name of the seller and the
date of each purchase or receipt;
(C) the number of gallons of all gasoline or diesel
fuel lost by fire, theft, or accident; and
(D) the number of gallons of all gasoline or diesel
fuel sold or used in aircraft or aircraft servicing equipment, including
for each individual aircraft or aircraft equipment:
(i) the name of the purchaser or user of gasoline or
diesel fuel;
(ii) the date of the sale or use of gasoline or diesel
fuel; and
(iii) the registration or "N" number of the airplane
or a description or number of the aircraft or a description or number
of the aircraft servicing equipment in which gasoline or diesel fuel
is used.
(13) An aviation fuel dealer who delivers compressed
natural gas or liquefied natural gas must hold a compressed natural
gas and liquefied natural gas dealer license and is subject to the
record keeping requirements pursuant to paragraph (17) of this subsection.
(14) A dyed diesel fuel bonded user, as that term is
defined in Tax Code, §162.001, shall keep a record showing the
number of gallons of:
(A) dyed and undyed diesel fuel inventories on hand
at the first of each month;
Cont'd... |
