(1)  As used in this section “wholesaler” means a person who receives a rack distribution of diesel fuel from a supplier for purposes of resale.

Terms Used In Utah Code 59-13-321

  • Commission: means the State Tax Commission. See Utah Code 59-13-102
  • Diesel fuel: includes any combustible liquid, by whatever name the liquid may be known or sold, when the liquid is used in an internal combustion engine for the generation of power to operate a motor vehicle licensed to operate on the highway, except fuel that is subject to the tax imposed in 2, and 4, of this chapter. See Utah Code 59-13-102
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Person: means :Utah Code 68-3-12.5
(2) 

(a)  Upon agreement of wholesaler and supplier, the payment of the taxes to the supplier under this part may be made on or before one business day prior to the time that the supplier is required to remit those taxes to the commission.

(b)  The wholesaler shall provide written notification to the supplier of the wholesaler’s intent to exercise the payment option under Subsection (2)(a) at least 30 days prior to the payment.

(c)  The wholesaler’s payment of the taxes under Subsection (2)(a) shall be made by electronic funds transfer.

(3)  Upon the wholesaler’s exercise of the payment option provided in Subsection (2), the supplier may require security for the payment of the taxes if no security exists between the wholesaler and the supplier.

(4)  At the option of the supplier, the wholesaler’s exercise of the payment option provided under this section may be terminated if the wholesaler fails to:

(a)  remit timely payment of the taxes as provided in Subsection (2); or

(b)  provide security as provided in Subsection (3).

Enacted by Chapter 271, 1997 General Session

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