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Business Taxes Law Guide—Revision 2024
Diesel Fuel Tax Law
Revenue and Taxation Code
Division 2. Other Taxes
Part 31. Diesel Fuel Tax Law
Chapter 3. Exemptions.
Section 60105
60105. Dyed diesel fuel penalties. (a) A penalty applies to any person who does any of the following:
(1) Sells or holds for sale dyed diesel fuel for any use that the person knows or has reason to know is a taxable use of the diesel fuel.
(2) Holds for use or uses dyed diesel fuel for a use other than a nontaxable use and that person knew, or had reason to know, that the diesel fuel was so dyed.
(3) Knowingly alters, or attempts to alter, the strength or composition of any dye or marker in any dyed diesel fuel.
(4) Fails to provide or post the required notice with respect to any dyed diesel fuel. The failure to provide or post the required notice creates a presumption that the person so failing knows the diesel fuel will be used for a taxable use.
(b) The amount of the penalty for each violation specified in subdivision (a) is the greater of:
(1) Ten dollars ($10) for every gallon of diesel fuel involved or
(2) The product of one thousand dollars ($1,000), and the total number of penalties, including the penalty currently being determined, imposed by this section on the person (or a related person or any predecessor of that person or related person).
(c) If a penalty is imposed under this section on any business entity, each officer, employee, or agent of the entity, who participated in any act giving rise to the penalty shall be jointly and severally liable with the entity for the penalty.
History—Added by Stats. 1997, Ch. 620 (SB 1102), in effect January 1, 1998. Stats. 2001, Ch. 429 (AB 309), in effect January 1, 2002, added "the greater of:" after "in subdivision (a) is" in subdivision (b); added paragraph number designation (1) before "Ten dollars"; substituted "Ten" for "ten" in paragraph (1); added paragraph number designation (2) before "The product of"; added "The product of" before "one thousand dollars", deleted "whichever is greater. The penalty shall be increased for subsequent violations by multiplying the penalty amount by the number of prior violations" after "($1,000)" and added "and the total number of penalties, … (or a related person or any predecessor of that person or related person)" after "($1,000)" to paragraph (2).