58.1-2237 - Duties of supplier as trustee.
§ 58.1-2237. Duties of supplier as trustee.
A. All tax payments due to the Commonwealth received by a supplier pursuantto § 58.1-2231 shall be held by the supplier as trustee in trust for theCommonwealth, and a supplier has a fiduciary duty to remit to theCommissioner the amount of tax received by the supplier. A supplier shall beliable for the taxes paid to him.
B. A supplier shall notify a licensed distributor, licensed exporter, orlicensed importer who received motor fuel from the supplier during areporting period of the number of taxable gallons received. The suppliershall give this notice after the end of each reporting period and before thelicensee is required to remit to the supplier the amount of tax due on thefuel.
C. A supplier of motor fuel at a terminal shall notify the Commissionerwithin 10 business days after a return is due of any licensed distributor orlicensed importer who did not pay the tax due the supplier when the supplierfiled his return. The notice shall be transmitted to the Commissioner in theform required by the Commissioner.
D. A supplier who receives a payment of tax shall not apply the payment to adebt that the person making the payment owes the supplier for motor fuelpurchased from the supplier.
(2000, cc. 729, 758; 2004, c. 340.)