(a) Each person operating a terminal in this state shall file monthly with the department a sworn statement of operations of each terminal within this state, including the information set out in subsection (b), on forms prescribed by the department. The department may require the reporting of any information it considers reasonably necessary in addition to that required under subsection (b).

Terms Used In Tennessee Code 67-3-702

  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • Department: means the department of revenue. See Tennessee Code 67-3-103
  • Destination state: means the state, territory, or foreign country to which petroleum products are directed for resale or use. See Tennessee Code 67-3-103
  • Gross gallons: means the total measured product, exclusive of any temperature or pressure adjustments, considerations or deductions. See Tennessee Code 67-3-103
  • In this state: means the area inside the boundaries of Tennessee, but does not include the midstream of waterways that border the state. See Tennessee Code 67-3-103
  • Month: means a calendar month. See Tennessee Code 1-3-105
  • Person: means a natural person, partnership, firm, association, corporation, limited liability company, court appointed representative, state, political subdivision or any other entity, group, or syndicate. See Tennessee Code 67-3-103
  • Rack: means a mechanism for delivering motor fuel from a refinery, terminal, or bulk plant into a railroad tank car, a transport truck or another means of bulk transfer outside of the bulk transfer/terminal system. See Tennessee Code 67-3-103
  • Removal: means any physical transfer other than by evaporation, loss, or destruction, of petroleum products from a terminal, manufacturing plant, customs custody, pipeline, marine vessel (e. See Tennessee Code 67-3-103
  • State: means the state of Tennessee. See Tennessee Code 67-3-103
  • Supplier: means a person that meets all the following conditions:
    (i) Is subject to the general taxing jurisdiction of this state. See Tennessee Code 67-3-103
  • Terminal: means a storage and distribution facility for taxable motor fuel, supplied by pipeline or marine vessel, that is registered as a qualified terminal by the internal revenue service. See Tennessee Code 67-3-103
  • Terminal operator: means a person that:
    (i) Owns, operates, or otherwise controls a terminal. See Tennessee Code 67-3-103
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(b) The monthly terminal report required by this section shall be filed on or before the last day of the month following the month of activity and 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) Schedules of receipts by shipment, including:

(A) Carrier name;
(B) Carrier federal employer identification number;
(C) Mode of transportation;
(D) Date received;
(E) Document number;
(F) Net gallons received; and
(G) Product type; and
(4) Schedules of removals by shipment, including:

(A) Carrier name;
(B) Carrier federal employer identification number;
(C) Mode of transportation;
(D) Destination state;
(E) Supplier responsible for reporting removal;
(F) Supplier federal employer identification number;
(G) Date removed from terminal;
(H) Document number;
(I) Net gallons; and
(J) Gross gallons;

provided, that in the event the internal revenue service provides a common system of assigning to carriers alpha-numeric codes instead of names, then this data will be required in lieu of carrier names.

(c) For purposes of reporting and determining tax liability under this chapter, every licensee shall maintain inventory records as required by the department.
(d) Each person operating a terminal in this state shall also file an annual report for each terminal within this state on forms provided by the department. The taxes and fees shall be paid and the report shall be filed for each calendar year on or before February 25 of the following year. The report shall include data as follows:

(1) The amount of monthly gains or losses, in net gallons;
(2) The total net gallons removed from the terminal in bulk during the calendar year;
(3) The total net gallons removed across the terminal rack during the calendar year;
(4) The amount of tax due calculated pursuant to §§ 67-3-302(b) and 67-3-303(c); and
(5) Such other information as the department considers reasonably necessary to determine the tax liability of the terminal operator under this chapter.
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