New Jersey Statutes Annotated (Tax)
N.J.S.A. § 54:39-141
Payment of tax required
41. a. A person shall not sell, use, deliver, or store in this State, or import for sale, use, delivery or storage in this State, fuel as to which the tax imposed by section 3 of P.L.2010, c.22 (C.54:39-103) has not been previously paid to or accrued by either a licensed supplier, or permissive supplier, at the time of removal from a terminal, or a licensed distributor provided all the conditions of section 43 of P.L.2010, c.22 (C.54:39-143) applicable to lawful import by the distributor shall have been met.
b. The provisions of subsection a. of this section shall not apply to:
# (1)
A supplier with respect to fuel held within the terminal transfer system in this State which was manufactured in this State or imported into this State in a bulk transfer;
# (2)
A consumer with respect to fuel placed in the vehicle fuel supply tank of that person's motor vehicle outside of this State;
# (3)
Dyed fuel, dyed in accordance with P.L.2010, c.22 (C.54:39-101 et al.);
# (4)
Fuel in the process of exportation by a supplier or a distributor in accordance with the shipping papers required by section 39 of P.L.2010, c.22 (C.54:39-139) and with a statement meeting the requirements of section 42 of P.L.2010, c.22 (C.54:39-142) shown on the shipping papers;
# (5)
Kerosene used in aircraft subject to the conditions and exceptions in subsection a. of section 12 of P.L.2010, c.22 (C.54:39-112);
# (6)
Fuel in possession of a consumer as to which a refund has been issued;
# (7)
Government and other exempt fuel under paragraphs (3) and (4) of subsection b. of section 12 of P.L.2010, c.22 (C.54:39-112); or
# (8)
A distributor who has met the conditions of section 21 of P.L.2010, c.22 (C.54:39-121).
L.2010, c.22, s.41; amended 2010, c.79, s.23.
Source: view the official text
In this chapter (40 sections)
- 54:39-112 · Exemptions from tax
- 54:39-113 · Tax exemption for certain sales; documentation from seller…
- 54:39-114 · Procedure for claiming a refund
- 54:39-115 · Personal liability for tax imposed, precollected, paid
- 54:39-116 · Responsibility for precollection for fuel imported from…
- 54:39-117 · Import verification number required, certain circumstances
- 54:39-118 · Elections permitted by certain suppliers
- 54:39-119 · Precollection remittance to State by person removing fuel…
- 54:39-120 · Liability for tax by terminal operator; exemptions
- 54:39-121 · Election as to timing of remittance by licensed distributor
- 54:39-122 · Evidence presented by purchaser
- 54:39-123 · Fiduciary duty of supplier to remit tax
- 54:39-124 · Eligibility of supplier for credit
- 54:39-125 · Tax remitted by electronic fund transfer
- 54:39-126 · Liability for tax upon delivery; exemptions
- 54:39-127 · Final report
- 54:39-128 · Application for license; fee, term
- 54:39-129 · Deposits in lieu of bonds
- 54:39-130 · Supplier's license, permissive supplier's license, posting…
- 54:39-131 · Terminal operator's license
- 54:39-132 · Report of deliveries of fuel in bulk
- 54:39-133 · Distributor's license
- 54:39-134 · Bond posted by distributor
- 54:39-135 · Issuance of license
- 54:39-136 · Suspension, revocation of license
- 54:39-137 · Tax due, payable on 20th day of month
- 54:39-137a · Distributor allowed credit against payment; "bad debt"…
- 54:39-138 · Provision of shipping document to driver of transportation…
- 54:39-139 · Requirements for transportation of fuel on public highways
- 54:39-140 · Reliance on representation of transporter, shipper, agent
- 54:39-141 · Payment of tax required
- 54:39-142 · Requirements for operation of fuel transportation vehicle
- 54:39-143 · Conditions for entering onto State highways transporting…
- 54:39-144 · Prohibited use of dyed fuel
- 54:39-145 · Notice provided
- 54:39-146 · Inspections permitted by director
- 54:39-147 · Audit, examination authorized
- 54:39-148 · Additional powers of director
- 54:39-149 · Disposition of moneys received from taxes on aircraft fuel
- 54:39-150 · Tax on fuel held in storage