California's Diesel Fuel: Which Departments Take The Lead?

which ca dept covers diesel fuel

In California, the California Air Resources Board (CARB) has implemented a diesel fuel program that sets stringent standards for diesel fuel quality, specifically regulating aromatic hydrocarbons and sulfur levels, as well as establishing a lubricity standard. This program has effectively reduced emissions from diesel-powered vehicles in the state. The California Department of Tax and Fee Administration (CDTFA) is responsible for collecting excise taxes on diesel fuel and motor vehicle fuel. The CDTFA provides information on licensing requirements, registration, returns, and other fuel-related topics. Additionally, the CDTFA handles tax exemptions and refunds for certain entities, such as the U.S. Postal Service, which is exempt from diesel fuel tax.

Characteristics Values
Definition Any liquid that is commonly or commercially known or sold as a fuel suitable for use in a diesel-powered highway vehicle
License A diesel fuel supplier must obtain a license from the state of California. A separate license is needed for diesel fuel and MVF transactions.
Tax The state of California collects excise taxes from diesel suppliers before they deliver fuel to retail stations.
Tax Exemption The U.S. Postal Service is exempt from the diesel fuel tax.
Types Biodiesel, renewable diesel, aircraft jet fuel

shunfuel

Licenses, accounts, and permits

In California, licenses, accounts, and permits for diesel fuel are required for various business activities and vehicle operations. Here are the key points to note:

Licenses:

  • A diesel fuel supplier license is needed for suppliers of diesel fuel, and it also covers ultimate vendor activities.
  • Vessel operators, pipeline operators, and train operators transporting diesel fuel or other specified fuels into, out of, or within California require a license.
  • A Petroleum Train Operator Permit is necessary before using an exemption certificate for tax-exempt purchases of fuel used in trains powered by diesel or other specified fuels.
  • A Terminal Operator License is required for each terminal location, covering all types of fuel products stored there.
  • If you are a position holder or supplier of diesel fuel, you must obtain a supplier license.
  • Each diesel fuel government entity operating a diesel-powered highway vehicle in California is required to hold a Government Entity Diesel Fuel Tax License, unless certain exemptions apply.
  • A separate license is needed for diesel fuel transactions.
  • California issues DI licenses for businesses operating diesel-powered vehicles in California but based outside the state in a non-member jurisdiction of the International Fuel Tax Agreement (IFTA).
  • IFTA licenses are required for interstate motor carriers reporting fuel taxes, allowing a single tax report for all member jurisdictions.

Accounts:

  • A tire fee account is necessary for businesses selling new tires or leasing/renting motor vehicles, construction equipment, farm equipment, or motorized equipment with new tires.
  • An eWaste account is required for selling or leasing covered electronic devices (CEDs) such as computer monitors, laptops, or portable DVD players with LCD screens.

Permits:

  • California Fuel Trip Permits are for out-of-state registered vehicles entering and travelling in California for occasional trips of up to four consecutive days.
  • A seller's permit is required for businesses selling tangible personal property subject to sales tax at retail in California.
  • Temporary Seller's Permits are needed for business activities lasting 90 days or less in a single location.
  • Underground storage tank permits: Owners of underground storage tanks must register with the California Department of Tax and Fee Administration and file fee returns.

shunfuel

Tax exemptions

In California, the department in charge of diesel fuel tax licensing requirements is the California Department of Tax and Fee Administration (CDTFA). The CDTFA outlines several exemptions to the diesel fuel tax.

Exempt Entities

The U.S. Postal Service is exempt from the diesel fuel tax as an unincorporated instrumentality of the federal government. Companies that lease trucks to the U.S. Postal Service may apply for a refund of the tax paid on diesel fuel if the fuel cost is included in the lease agreement.

Exempt Bus Operations

Private bus operators under contract with a regional center deemed to be a public agency authorized to provide public transportation services are exempt from paying the diesel fuel tax on fuel consumed while providing such transportation. This also applies to private bus operators under contract with a transit district, which is a public agency authorized to provide public transportation services.

Sales to Exempt Bus Operators

Diesel fuel sold to an exempt bus operator for use in an exempt bus operation is exempt from the diesel fuel tax. The supplier must have a CDTFA-231-DB, Certificate of Exempt Bus Operation, from the exempt bus operator.

Sales to Farmers

Diesel fuel sold to a farmer for farming purposes is exempt from the diesel fuel tax when the supplier has a CDTFA 608, Certificate of Farming Use.

Sales to the U.S. Government

Diesel fuel sold by a supplier to the United States and its agencies and instrumentalities is exempt from the diesel fuel tax. This includes sales to the U.S. armed forces for use in ships or aircraft, or for use outside California.

Sales of Dyed Diesel Fuel

Dyed diesel fuel is diesel fuel that is dyed under the United States Environmental Protection Agency (EPA) or Internal Revenue Service (IRS) rules for high or low sulphur diesel fuel. It is meant for non-taxable, off-highway uses. The use of dyed diesel fuel on California highways is not allowed except for registered qualified highway vehicle operators, exempt bus operators, or government entities.

Agricultural Diesel Tax Exemptions

California offers a partial tax exemption and a full Diesel Fuel Tax Exemption for diesel fuel used on a farm for farming purposes, which reduces federal and state excise taxes. Farmers may purchase diesel fuel tax-exempt by using an exemption certificate or by purchasing dyed diesel fuel.

Tax Relief for California Disasters

Exemptions are provided in the Motor Vehicle Fuel Tax Law (MVF) and Diesel Fuel Tax Law (DFT) for those affected by a California disaster.

shunfuel

Tax rates

In California, diesel fuel is subject to various taxes, including federal excise taxes, state excise taxes, and sales taxes. The California Department of Tax and Fee Administration (CDTFA) is the department that oversees diesel fuel taxes and licensing.

Federal Excise Taxes

Federal excise taxes on diesel fuel are collected by the IRS and used to support the Federal Highway Administration. These taxes are included in the price of all motor fuel sold in California and are based on the energy content relative to gasoline. The federal excise tax rate for diesel fuel is 0.1 cents per gallon, which includes a charge for the Leaking Underground Storage Tank Trust Fund (LUST).

State Excise Taxes

California imposes a state excise tax on jet fuel at a rate of $0.02 per gallon. This tax is paid by aircraft jet fuel dealers and users, with some exceptions for common carriers and aircraft construction/maintenance companies.

Sales Taxes

When used off-road, dyed diesel is taxed at the combined statewide sales tax rate plus applicable district taxes. The partial exemption for diesel fuel, as outlined in Regulation 1598, applied to sales of Dyed Diesel from October 1, 2022, to September 30, 2023. Dyed diesel is generally exempt from excise taxes unless used on highways.

Tax Exemptions and Refunds

Certain entities are exempt from the diesel fuel tax, including the U.S. Postal Service and its leased trucks. Additionally, tax refunds are available for suppliers who export or sell tax-paid diesel fuel to exempt customers, such as the U.S. government and train operators, without being licensed ultimate vendors or suppliers.

Licensing Requirements

The CDTFA outlines the licensing requirements for diesel fuel transactions. Diesel fuel suppliers must obtain a license and report all aircraft jet fuel transactions on their tax returns. Terminal operators and position holders may also need specific licenses, depending on their business activities.

shunfuel

Diesel fuel standards

In California, the California Air Resources Board has set stringent standards for diesel fuel through the California Diesel Fuel program. This program has specifications for aromatic hydrocarbons and sulfur and has also established a lubricity standard.

On a national level, the US Environmental Protection Agency (EPA) has been regulating diesel fuel standards since 1993. The EPA's efforts have focused on reducing criteria pollutants, air toxics, and other harmful emissions from diesel fuel used in transportation. Before the EPA began regulating sulfur in diesel fuel, it contained as much as 5,000 parts per million (ppm) of sulfur.

In 2006, the EPA began phasing in more stringent regulations to lower the amount of sulfur in diesel fuel to 15 ppm, known as ultra-low sulfur diesel (ULSD). This fuel is now required for all highway diesel vehicles and has significantly reduced harmful emissions.

The EPA is also proposing a technical correction to the diesel fuel regulations to allow US fuel manufacturers and distributors to sell distillate diesel fuel that complies with the global sulfur standard. This proposal would allow for the distribution and sale of distillate diesel fuel that meets the 0.50 percent (5000 ppm) global sulfur standard for marine fuel starting in 2020.

Additionally, the EPA has set diesel standards for nonroad engines and equipment, requiring the use of ULSD for all nonroad, locomotive, and marine (NRLM) diesel fuel and engines after 2014, with some exceptions for older engines.

Biodiesel, a type of diesel fuel made predominantly from soybean and recycled oils, and renewable diesel, made mainly from animal waste oils, offer unique alternatives to traditional diesel fuel.

Roundup and Diesel: A Dangerous Mix?

You may want to see also

shunfuel

Ultimate vendor requirements

In California, the Department of Tax and Fee Administration (CDTFA) is responsible for overseeing fuel taxes, including those related to diesel fuel. The requirements for vendors involved in the sale and distribution of diesel fuel in California are outlined below:

Licensing and Registration:

Vendors involved in the sale and distribution of diesel fuel in California must obtain the appropriate licenses and registrations. The specific requirements depend on the nature of the business and its activities. For example, vessel operators, pipeline operators, and train operators transporting diesel fuel into, out of, or within California need a license from the CDTFA. A separate license is required for diesel fuel transactions, and a Terminal Operator License is needed for each terminal location. If you are a diesel fuel supplier with ultimate vendor activities, your Diesel Fuel Supplier License will cover your ultimate vendor activities.

Tax Exemptions and Certificates:

Ultimate vendors in California are exempt from charging tax to ultimate purchasers, such as farmers using diesel fuel for farming purposes and exempt bus operators. To qualify for this exemption, ultimate vendors must obtain valid exemption certificates from their ultimate purchasers. These certificates, such as the Certificate of Exempt Bus Operation and the Certificate of Farming Use, must be updated annually or whenever information changes.

Record-Keeping:

Ultimate vendors are required to maintain detailed records of their transactions. This includes keeping records of all sales, purchases, exports, and deliveries for at least four years, unless authorized for early destruction. Invoices and cardlock statements must be provided to purchasers, with copies retained by the vendor. These records should include the name and address of the vendor and purchaser, the date of sale, and the number of gallons of diesel fuel sold.

Reporting and Compliance:

Ultimate vendors are responsible for reporting their transactions accurately. They must use generic schedule templates to report their detailed transactions to support their filings. Vendors must report all movements of fuel products that originate and/or terminate in California. Additionally, they should refer to the IFTA and Interstate User Diesel Fuel Tax Guide for specific compliance requirements related to diesel fuel taxation.

Refunds and Claims:

Ultimate vendors should be aware of refund and claim processes. For instance, companies leasing trucks to the U.S. Postal Service may apply for a refund of tax paid on diesel fuel, while farmers cannot file a claim for a refund but may provide a Certificate of Farming Use to purchase undyed diesel fuel without the state excise tax.

By adhering to these requirements, ultimate vendors involved in the sale and distribution of diesel fuel in California can ensure compliance with the regulations set forth by the California Department of Tax and Fee Administration.

Frequently asked questions

The California Diesel Fuel program sets stringent standards for California diesel that produce cost-effective emission reductions from diesel-powered vehicles.

The California Department of Tax and Fee Administration (CDTFA) covers diesel fuel.

Vessel operators, pipeline operators, and train operators that transport motor vehicle fuel, aircraft jet fuel, or diesel fuel into, out of, or within California must obtain a license from the CDTFA. A separate license is needed for diesel fuel and MVF transactions.

Yes, the U.S. Postal Service is exempt from the Diesel Fuel Tax. Additionally, exempt sellers include those who export or sell tax-paid diesel fuel to exempt customers (e.g., the U.S. government, train operators) and are not licensed ultimate vendors or suppliers of diesel fuel.

Written by
Reviewed by
Share this post
Print
Did this article help you?

Leave a comment