                                 CODE OF VIRGINIA

DUTIES OF SUPPLIER AS TRUSTEE (§ 58.1-2237)

A. All tax payments due to the Commonwealth received by a supplier pursuant to
&#xA7; 58.1-2231 shall be held by the supplier as trustee in trust for the
Commonwealth, and a supplier has a fiduciary duty to remit to the Commissioner
the amount of tax received by the supplier. A supplier shall be liable for the
taxes paid to him.

B. A supplier shall notify a licensed distributor, licensed exporter, or
licensed importer who received motor fuel from the supplier during a reporting
period of the number of taxable gallons received. The supplier shall give this
notice after the end of each reporting period and before the licensee is
required to remit to the supplier the amount of tax due on the fuel.

C. A supplier of motor fuel at a terminal shall notify the Commissioner within
10 business days after a return is due of any licensed distributor or licensed
importer who did not pay the tax due the supplier when the supplier filed his
return. The notice shall be transmitted to the Commissioner in the form required
by the Commissioner.

D. A supplier who receives a payment of tax shall not apply the payment to a
debt that the person making the payment owes the supplier for motor fuel
purchased from the supplier.

HISTORY: 2000, cc. 729, 758; 2004, c. 340.