                                 CODE OF VIRGINIA

LEVY; PAYMENT OF TAX (§ 58.1-2295)

A. 1. (For contingent expiration, see Acts 2013, cc. 766) In addition to all
other taxes now imposed by law, there is hereby imposed a tax upon every
distributor who engages in the business of selling fuels at wholesale to retail
dealers for retail sale in any county or city that is a member of (i) any
transportation district in which a rapid heavy rail commuter mass transportation
system operating on an exclusive right-of-way and a bus commuter mass
transportation system are owned, operated, or controlled by an agency or
commission as defined in § 33.2-1901 or (ii) any transportation district that
is subject to subsection C of § 33.2-1915 and that is contiguous to the
Northern Virginia Transportation District.

   2. (For contingent expiration, see Acts 2013, cc. 766) In addition to all
   other taxes now imposed by law, there is hereby imposed a tax upon every
   distributor who engages in the business of selling fuels at wholesale to
   retail dealers for retail sale in any county or city that is located in a
   Planning District established pursuant to Chapter 42 (&#xA7; 15.2-4200 et
   seq.) of Title 15.2 that (i) as of January 1, 2013, has a population of not
   less than 1.5 million but fewer than two million, as shown by the most recent
   United States Census, has not less than 1.2 million but fewer than 1.7 million
   motor vehicles registered therein, and has a total transit ridership of not
   less than 15 million but fewer than 50 million riders per year across all
   transit systems within the Planning District or (ii) as shown by the most
   recent United States Census meets the population criteria set forth in clause
   (i) and also meets the vehicle registration and ridership criteria set forth
   in clause (i). In any case in which the tax is imposed pursuant to clause
   (ii), such tax shall be effective beginning on the July 1 immediately
   following the calendar year in which all of the criteria have been met.

   3. (For contingent expiration, see Acts 2019, cc. 837 and 846) In addition to
   all other taxes now imposed by law, there is hereby imposed a tax upon every
   distributor who engages in the business of selling fuels at wholesale to
   retail dealers for retail sale in (i) any county or city, or (ii) any city
   wholly embraced by a county, through which an interstate passes that (a) is
   more than 300 miles in length in the Commonwealth and (b) as of January 1,
   2019, carried more than 40 percent of interstate vehicle miles traveled for
   vehicles classified as Class 6 or higher.

   4. (For contingent expiration, see Acts 2020, cc. 1230 and 1275) In addition
   to all other taxes now imposed by law, there is hereby imposed a tax upon
   every distributor who engages in the business of selling fuels at wholesale to
   retail dealers for retail sale in any county or city in which a tax is not
   otherwise imposed pursuant to this section.

   5. (For contingent expiration, see Acts 2020, cc. 1235) In addition to all
   other taxes now imposed by law, there is hereby imposed a tax upon every
   distributor who engages in the business of selling fuels at wholesale to
   retail dealers for retail sale in any county or city located in Planning
   District 15, as established pursuant to Chapter 42 (&#xA7; 15.2-4200) of Title
   15.2, in which a tax is not otherwise imposed pursuant to this section.

B. 1. The tax shall be imposed on each gallon of fuel, other than diesel fuel,
sold by a distributor to a retail dealer for retail sale in any such county or
city described in subsection A at a rate of 7.6 cents per gallon on gasoline and
gasohol. Beginning July 1, 2021, the tax rate shall be adjusted annually based
on the greater of (i) the change in the United States Average Consumer Price
Index for all items, all urban consumers (CPI-U), as published by the Bureau of
Labor Statistics for the U.S. Department of Labor for the previous year, or (ii)
zero. For alternative fuels other than liquid alternative fuels, the
Commissioner shall determine an equivalent tax rate based on gasoline gallon
equivalency.

   2. The tax shall be imposed on each gallon of diesel fuel sold by a
   distributor to a retail dealer for retail sale in any such county or city at a
   rate of 7.7 cents per gallon on diesel fuel. Beginning July 1, 2021, the tax
   rate shall be adjusted annually based on the greater of (i) the change in the
   United States Average Consumer Price Index for all items, all urban consumers
   (CPI-U), as published by the Bureau of Labor Statistics for the U.S.
   Department of Labor for the previous year or (ii) zero.

C. The tax levied under this section shall be imposed at the time of sale by the
distributor to the retail dealer.

D. The tax imposed by this section shall be paid by the distributor, but the
distributor shall separately state the amount of the tax and add such tax to the
price or charge. Thereafter, such tax shall be a debt from the retail dealer to
the distributor until paid and shall be recoverable at law in the same manner as
other debts. No action at law or suit in equity under this chapter shall be
maintained in the Commonwealth by any distributor who is not registered under
&#xA7; 58.1-2299.2 or is delinquent in the payment of taxes imposed under this
chapter.

E. Nothing in this section shall be construed to exempt the imposition and
remittance of tax pursuant to this section in a sale to a retail dealer in which
the distributor and the retail dealer are the same person.

HISTORY: 2012, cc. 217, 225; 2013, c. 766; 2018, cc. 797, 798; 2020, cc. 1230,
1235, 1275.