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Section 7405 Of Chapter 3. Exemptions From California Revenue And Taxation Code >> Division 2. >> Part 2. >> Chapter 3.
7405
. (a) Any person, including any officer or employee of a
corporation, who gives an exemption certificate pursuant to this
chapter for motor vehicle fuel that he or she knows at the time of
purchase is not to be used by him or her or the corporation in an
exempt manner, for the purpose of evading payment of the amount of
the tax applicable to the transaction, is guilty of a misdemeanor
punishable as provided in Section 8405.
(b) Any person, including any officer or employee of a corporation, who gives an exemption certificate for motor vehicle fuel pursuant to this chapter that he or she knows at the time of purchase is not to be used by him or her or the corporation in an exempt manner, 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 an exemption certificate for motor vehicle fuel pursuant to this chapter that he or she knows at the time of purchase is not to be used by him or her or the corporation in an exempt manner, 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.
