Page:United States Statutes at Large Volume 100 Part 3.djvu/966

 100 STAT. 2774

PUBLIC LAW 99-514—OCT. 22, 1986

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retailer (in a sale described in subsection (a)(1)(A)) on the date such fuel was sold to such retailer. "(B) PENALTY.—For penalty for failing to notify seller, see section 6652(j). . fx •: •.;jc "(5) EXEMPTIONS NOT TO APPLY.—

"(A) IN GENERAL.—No exemption from the tax imposed by subsection (a)(1) shall apply to a sale to which paragraph (1) or (4)(A) of this subsection applies. .,,t

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"(B) CROSS REFERENCE.— "For provisions allowing a credit or refund for certain sales and uses of fuel, see sections 6416 and 6427."

(b) PENALTY.—Section 6652 (relating to failure to file certain information returns, registration statements, etc.), as amended by section 1501(d), is amended by redesignating subsection (j) as subsection (k) and by inserting after subsection (i) the following new subsection: "(j) FAILURE TO GIVE WRITTEN NOTICE TO CERTAIN SELLERS OF DIESEL FUEL.—

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"(1) IN GENERAL.—If any qualified retailer fails to provide the notice described in section 4041(n)(3)(A)(ii) to any seller of diesel fuel to such retailer, unless it is shown that such failure is due to reasonable cause and not to willful neglect, there shall be ';j paid, on notice and demand of the Secretary and in the same manner as tax, by such retailer with respect to each sale of diesel fuel to such retailer by such seller to which section 4041(n)(4) applies an amount equal to 5 percent of the tax imposed by section 4041(a)(1) on such sale by reason of paragraphs (3) and (4)(A) of section 4041(n). ,(,; "(2) DEFINITIONS.—For purposes of paragraph (1), the terms •, 'qualified retailer' and 'diesel fuel' have the respective meanings given such terms by section 404 l(n)." (c) EFFECTIVE DATE.—The amendments made by this section shall apply to sales after the first calendar quarter beginning more than 60 days after the date of the enactment of this Act. SEC. 1703. GASOLINE TAX GENERALLY COLLECTED AT TERMINAL LEVEL. (a) IN GENERAL.—Subpart A of part III of subchapter A of chapter 32 (relating to manufacturers excise taxes) is amended to read as follows: i • "Subpart A—Gasoline -;H ^«j

"Sec. 4081. Imposition of tax. "Sec. 4082. Definitions. "Sec. 4083. Cross references.

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"SEC. 4081. IMPOSITION OF TAX. "(a) TAX IMPOSED.—

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"(1) IN GENERAL.—There is hereby imposed a tax of 9 cents a gallon on the earlier of— - ^. "(A) the removal, or "(B) the sale, of gasoline by the refiner or importer thereof or the terminal operator. "(2) BULK TRANSFER TO TERMINAL OPERATOR.—For purposes of

paragraph (1), the bulk transfer of gasoline to a terminal opera-

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