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Section 60106.3 Of Chapter 3. Exemptions From California Revenue And Taxation Code >> Division 2. >> Part 31. >> Chapter 3.
60106.3
. (a) Any person, including any officer or employee of a
corporation, who gives a Section 60106 exemption certificate for
diesel fuel that he or she knows at the time of purchase is not to be
used by him or her or the corporation in the manner or for the
purpose entitling the exemption for the purpose of evading payment to
the supplier of the amount of the tax applicable to the transaction
is guilty of a misdemeanor punishable as provided in Section 60706 or
a felony punishable as provided in Section 60707.
(b) Any person, including any officer or employee of a corporation, who gives a certificate for diesel fuel pursuant to Section 60106 that he or she knows at the time of purchase is not to be used by him or her or the corporation in the manner or for the purpose entitling the exemption is liable to the state for the amount of tax that would be due if he or she had not given that certificate. In addition to the tax, the person shall be liable to the state for a penalty of 25 percent of the tax or one thousand dollars ($1,000), whichever is greater, for each certificate issued for personal gain or to evade the payment of taxes.
(b) Any person, including any officer or employee of a corporation, who gives a certificate for diesel fuel pursuant to Section 60106 that he or she knows at the time of purchase is not to be used by him or her or the corporation in the manner or for the purpose entitling the exemption is liable to the state for the amount of tax that would be due if he or she had not given that certificate. In addition to the tax, the person shall be liable to the state for a penalty of 25 percent of the tax or one thousand dollars ($1,000), whichever is greater, for each certificate issued for personal gain or to evade the payment of taxes.
