Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2011
 

Motor Vehicle Fuel Tax Law

CHAPTER 6. COLLECTION OF TAX.

Article 3. Seizure and Sale

Section 7895

7895. Disposition of proceeds. If upon the sale the moneys received exceed the amount of all taxes, penalties, interest, and costs due the state from the supplier, the Controller shall return the excess to the supplier and obtain a receipt. If for any reason the receipt of the supplier is not available, the Controller shall deposit the excess moneys in an unclaimed property account, in trust for the supplier, subject to the order of the supplier, the supplier's heirs, successors, or assigns.

History.—Stats. 1943, p. 2703, operative July 1, 1943, added reference to interest. Stats. 1996, Ch. 860, in effect January 1, 1997, substituted "state" for "State" after "costs due the" and added "or her" after "and obtain his" in the first sentence, substituted "in an unclaimed property account, in trust" for "with the State Treasurer, as trustee" after "the excess moneys" and added "or her" after "distributor, his" in the second sentence. Stats. 2000, Ch. 1051 (AB 2114), operative January 1, 2002, deleted "license" after "exceed the amount of all", substituted "supplier" with "distributor" after "due the state from the" and "shall return the excess to the", and substituted "a" for "his or her" after "and obtain" in the first sentence, substituted "supplier" for "distributor" after "reason the receipt of the" and "in trust for the" and substituted "supplier, the supplier's" for "distributor, his or her" after "subject to the order of the" in the second sentence.