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North Dakota Century Code — Title 57 (Taxation)

N.D.C.C. § 57-43.2-21

Inventory gains - Losses

Official textlegis.nd.gov

# 1.

A supplier or distributor shall take a physical inventory reading of all special fuel located in a terminal, underground tank, aboveground tank, railcar, storage tank of a truck, and the storage tank of a bulk delivery truck on a monthly basis and shall report the physical readings, inventory gains, and inventory losses to the commissioner. The inventory reconciliation must include special fuel at retail locations and special fuel stored in a barrel, drum, or other receptacle.

# 2.

When sold or used by a supplier or distributor, a gain in special fuel inventories is subject to the tax imposed by this chapter in the same manner as special fuel purchased, imported, or otherwise acquired.

# 3.

A supplier or distributor who experiences an actual physical inventory loss due to shrinkage or evaporation is responsible for the tax imposed by this chapter on any loss in excess of two percent of liquefied petroleum gases and one-half of one percent of all other special fuel received during the period covered by the inventory reconciliation.

# 4.

For the purposes of this chapter, it is presumed that all special fuel received above these allowances, except that gallonage shown as actual inventory based on physical inventory readings at the end of the time period covered by the inventory reconciliation, and other allowances provided in this chapter, has been sold, delivered, or used, and the supplier or distributor is liable for the amount of the special fuel tax on each gallon [3.79 liters] of special fuel not accounted for. For purposes of this chapter, special fuel refined at a refinery in this state and placed in storage at the refinery, and special fuel brought into the state by pipeline and placed in storage at a pipeline terminal, is not deemed received until it is withdrawn from the refinery or terminal storage for sale or use in this state, or for shipment or delivery to destinations in this state.

# 5.

The commissioner may allow a tax credit to a supplier or distributor for actual inventory losses due to casualty loss subject to the discretion of the commissioner and based on proof of the loss as required by the commissioner.

Source: view the official PDF

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In this chapter (40 sections)
  1. 57-43.2-06 · License, fee, and bond
  2. 57-43.2-07 · Bond or letter of credit required
  3. 57-43.2-07.1 · Qualification for exporter license
  4. 57-43.2-07.2 · Qualification for importer license
  5. 57-43.2-08 · Application for license - Issuance of license - Denial of…
  6. 57-43.2-09 · Revocation of license - Hearing to show cause -…
  7. 57-43.2-10 · Retention of records - Subject to inspection
  8. 57-43.2-11.1 · Report by terminal operator required
  9. 57-43.2-12 · Monthly returns and payments
  10. 57-43.2-13 · Presumption
  11. 57-43.2-14 · Commissioner to audit report and assess tax
  12. 57-43.2-14.1 · Determination if no report is filed
  13. 57-43.2-15 · Penalty and interest - Violations
  14. 57-43.2-16 · Determination if no return made
  15. 57-43.2-16.1 · Corporate officer liability
  16. 57-43.2-16.2 · Governor and manager liability
  17. 57-43.2-16.3 · Lien of tax - Collection - Action authorized
  18. 57-43.2-16.4 · Liability of a general partner in a limited liability…
  19. 57-43.2-17 · Fraudulent return
  20. 57-43.2-18 · Distribution of tax
  21. 57-43.2-19 · Transfer, deposit, and distribution of funds
  22. 57-43.2-20 · Erroneously or illegally collected taxes
  23. 57-43.2-21 · Inventory gains - Losses
  24. 57-43.2-22 · Administration - Assistance authorized - Rules
  25. 57-43.2-23 · Violations
  26. 57-43.2-24 · Penalties
  27. 57-43.2-25 · Liquefied petroleum gas dealers - License - Fee - Permits…
  28. 57-43.2-26 · Levy of importer for use tax
  29. 57-43.2-27 · Computation
  30. 57-43.2-28 · Exemptions
  31. 57-43.2-29 · Importer for use license required
  32. 57-43.2-30 · Issuance and display
  33. 57-43.2-31 · Assignment forbidden
  34. 57-43.2-32 · Revocation, cancellation, and surrender of importer for…
  35. 57-43.2-33 · Occasional trip permits
  36. 57-43.2-34 · Authorization of the commissioner
  37. 57-43.2-35 · Credit for North Dakota purchases - Refunds
  38. 57-43.2-35.1 · Credit for taxes paid on worthless accounts and refunds
  39. 57-43.2-37 · Cooperative special fuels agreements
  40. 57-43.2-40 · Interstate motor carrier tax reports - Payments - Audits -…
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