Free California Underground Storage Tank Maintenance Fee Application - California

BOE400ust REV. 2 (1107)

California Underground Storage Tank Maintenance Fee Application
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BETTY T. YEE San Francisco UndergroUnd Storage tank First District BILL LEONARD Second District

Board MeMBerS

Ontario/Sacramento Maintenance Fee · UndergroUnd Storage tank Maintenance Fee · UndergroUnd Storage tank Maintenance Fee MICHELLE STEEL · UndergroUnd Storage tank Maintenance Fee · UndergroUnd Storage tank Maintenance Fee · UndergroUnd

Storage tank Maintenance Fee · UndergroUnd Storage tank Maintenance Fee · UndergroUnd Storage tank JUDY CHU, Ph.D. Maintenance Fee · UndergroUnd Storage tank Maintenance Fee · UndergroUnd Storage tank Maintenance Fee · UndergroUnd Storage tank Maintenance Fee · UndergroUnd Storage tank Maintenance Fee · UndergroUnd Storage tank Maintenance Fee · UndergroUnd Storage tank Maintenance Fee · UndergroUnd Storage tank Maintenance Fee · UndergroUnd Storage tank Maintenance Fee · UndergroUnd Storage tank Maintenance Fee · UndergroUnd Storage tank Maintenance Fee · UndergroUnd Storage tank Maintenance Fee · UndergroUnd Storage tank Maintenance Fee · UndergroUnd Storage tank Maintenance Fee · UndergroUnd Storage tank Maintenance Fee · UndergroUnd Storage tank Maintenance Fee · UndergroUnd Storage tank Maintenance Fee · UndergroUnd Storage tank Maintenance Fee · UndergroUnd Storage tank Maintenance Fee · UndergroUnd Storage tank Maintenance
ExECUTIvE DIRECTOR Ramon J. Hirsig JOHN CHIANG State Controller Los Angeles Fourth District

Rolling Hills Estates Third District



Where can I get help?

wEbSITE www.boe.ca.gov

FUEL INDUSTRY SECTION 916-322-9669

Our website includes a lot of useful information. For example, you can download numerous publications--such as laws, regulations, pamphlets, and policy manuals--that will help you understand how the law applies to your business. You can also verify sellers' permit numbers on-line, read about upcoming Taxpayers' Bill of Rights hearings, and obtain information on BOE field office addresses and telephone numbers. Another good resource--especially for starting a business--is the California Tax Service Center at www.taxes.ca.gov.
wRITTEn TAX ADVICE

If you need help with your application or have questions regarding the fuel taxes administered by the BOE, please call the Fuel Industry Section between 8 a.m. and 5 p.m., Pacific time Monday-Friday, except state holidays. TAXPAYERS' RIGHTS ADVOCATE OFFICE If you would like to know more about your rights as a taxpayer or if you are unable to resolve an issue with the BOE, please contact the Taxpayers' Rights Advocate office for help. Call 916-324-2798 (or toll-free, 888-324-2798). Their fax number is 916-323-3319. If you prefer, you may write to them at the following address: Taxpayers' Rights Advocate State Board of Equalization 450 N Street P.O. Box 942879 Sacramento, CA 94279-0070. To obtain a copy of publication 70, Understanding Your Rights as a California Taxpayer, please visit our website or call our Information Center.

It is best to get tax advice from us in writing. You may be relieved of tax or fee, penalty, or interest charges if we determine you did not correctly report tax because you reasonably relied on our written advice regarding a specific situation. For this relief to apply, your request for advice must be in writing, identify the taxpayer to whom the advice applies, and fully describe the facts and circumstances of the situation. This protection is not available for advice we give in person or over the phone. Send your request for written advice to:

Fuel Industry Section State Board of Equalization P.O. Box 942879 Sacramento, CA 94279-0030

Underground Storage Tank Maintenance Fee Application nNovember 2007



Message from the Executive Director
We appreciate the fact that, as the operator of a business, you are busy and have many responsibilities. You may be responsible for income and fuel tax payments and for a variety of other obligations, such as payroll taxes, insurance, and employee benefits. For that reason, we want to make it as easy as possible for you to work with us. As you can see on page 2, we offer many services to help you with your questions. If you are unable to find the answers you need, please call our Information Center. Our trained representatives will be glad to help.

How do I apply?

Step 1: Complete your application
Fill out the application on page 5 (perforated for easy removal). Be sure to refer to the "Tips" on page 4. If you need help filling out the form or have questions, please call our Fuel Taxes Division at 916-322-9669 or our Information Center at 800-400-7115.

Step : Send in your application and supporting documents
Make a copy of your completed application for your files, then mail the original application to: Fuel Taxes Division, Board of Equalization, P.O. Box 942879, Sacramento, CA 94279-0030. Please be sure to sign and date your application and to include copies of all required documents. We cannot process your application unless it is complete.

Step : After we approve your application
You should receive your account number approximately two weeks after we receive your application, assuming it is complete and no security deposit is required. If a security deposit is required, you should allow approximately two more weeks for receipt of your account number. There is no charge for the account number. We will let you know whether you must file returns on a quarterly or yearly basis. Your return is due on or before the due date printed on the return.

Underground Storage Tank Maintenance Fee Application nNovember 2007


information center

Tips for Completing Your Application
Please write or print neatly. Be sure to complete both sides of the form and to sign and date it.

800-00-7115
TDD/TTY: 800-735-2929

Section II: Ownership information
Items 1­8: All applicants. You must provide the information requested for each owner or partner (attach additional sheets if necessary). All partnerships. A partnership should provide a copy of its written partnership agreement, if one exists. If you file your agreement with us at the time you apply for an account and your agreement specifies that all business assets are held in the name of the partnership, the law requires the BOE to attempt to collect any delinquent fee liability from the partnership assets before it attempts to collect from the partners' personal assets. If a partnership or LLC is comprised of multiple partnerships, LLC's, or corporations, a separate application is required of each member or partner. You should notify us immediately if you add or drop partners. If you check "Corporation," "Limited Liability Company (LLC)," or "Business Trust," be sure to complete items 3-7. Note: Publicly traded companies are not required to complete items 8-28 for corporate information. Items 10, 11, 17, 18, , 5: Driver license/social security number You must provide a copy of your driver license or other proof of identification, and your social security number. This information is not made available to the public (see page 9 for privacy policy). Corporate officers are not required to provide social security numbers. Social security numbers are required of all other applicants.

reQUireD DocUmentS To register as a corporation, Limited Liability Company (LLC), or partnership, you must include photocopies of the following documents with your completed and signed application form: Copy of corporate articles of incorporation or LLC charter. Copy of partnership agreement. Document indicating that the person signing your application is authorized to do so (see "Section IV: Certification" at right). For officers, members, partners, and sole owners listed on the application: Driver license or state ID card. For out-of-state or foreign corporations or LLCs: Certificate of Qualification issued by the California Secretary of State. You may also wish to include the following: Power of Attorney form (BOE-392), if you wish to designate someone to act on your behalf. You may obtain a copy from our website or Information Center.

Section III: Business and site information
Item : Business address Underground Storage Tank Owner. The law presumes that the owner of the real property is the owner of an underground storage tank located on the real property. Please list the site location(s) of your underground storage tanks on the business address line. If you are not the owner of the real property but are the owner of the underground storage tank(s), please provide us with a copy of your lease agreement or any other documentation which substantiates your ownership. Item 15: Ownership changes If you are changing from one type of business organization to another (for example, from a sole owner to a corporation or from a partnership to a LLC), provide the previous owner's name and account number. If you purchased an existing business, please provide us with the previous owner's name and account number.

Section IV: Certification

- This section must be signed by the business owner, general partner,
corporate officer or LLC manager, or member.

Underground Storage Tank Maintenance Fee Application nNovember 2007

BOE-400-UST (FRONT) REv. 2 (11-07)

STATE OF CALIFORNIA

APPLICATIOn FOR CALIFORnIA UnDERGROUnD STORAGE TAnK MAInTEnAnCE FEE BOARD OF EQUALIZATION
SECTIOn I: TYPE OF LICEnSE
1. PLEASE CHECK THE APPLICABLE BOx THAT BEST DESCRIBES YOUR BUSINESS

FOR bOARD USE OnLY
TAX OFFICE nUMbER Farm Other (please describe)

Gas Station Petroleum Distributor/Wholesaler

Does the property owner own the underground storage tanks? If so, the property owner should continue to fill out the application. If the property owner does not own the tanks, the owner of the underground storage tanks should fill out the application. The owner must produce a notarized bill of sale or business documents stating the tanks were included in the sale, or invoice showing delivery of the tanks to the site indicated and billed to the tank owner. If the property owner has leased the station and the lease states the operator has right of removal of tanks for the duration of the lease, the tenant must to fill out the application. If the tenant is changing leases, please submit the new lease agreement. SECTIOn II: OwnERSHIP InFORMATIOn
1. PLEASE CHECK TYPE OF OWNERSHIP

Sole Owner Limited Partnership (provide a copy of your partnership agreement) Limited Liability Company (LLC) Business Trust Registered Domestic Partnership

General Partnership (provide a copy of your partnership agreement) Husband/Wife Co-Ownership Corporation Joint venture Other

2. START DATE OF FIRST DELIvERY OF PETROLEUM INTO UNDERGROUND STORAGE TANKS (month, day and year) 3. ENTER NAME OF PARTNERSHIP, CORPORATION, LIMITED LIABILITY COMPANY (LLC), ORGANIZATION, OR OTHER ORGANIZATION (include a copy of your partnership agreement or LLC agreement) 4. FEDERAL EMPLOYER IDENTIFICATION NUMBER (FEIN) OR SSN, IF NO FEIN 5. CORPORATE OR LLC NUMBER 6. STATE OF INCORPORATION OR ORGANIZATION 7. DATE OF INCORPORATION OR ORGANIZATION

-- tear on perforation --

Each owner, partner, corporate officer or principal must provide the information requested below. If needed, please attach additional sheet(s) to provide the information requested in this application. Officers of publicly traded companies are not required to complete this section. President Partner Registered Domestic Partner Manager Member Owner Trustee

8. FULL NAME (first, middle, last) 9. RESIDENCE ADDRESS (street, city, state, zip code) 10. SOCIAL SECURITY NUMBER (attach verification) (corporate officers excluded) 12. RESIDENCE TELEPHONE NUMBER 11. DRIvER LICENSE NUMBER (attach verification) 13. DAYTIME TELEPHONE NUMBER

(

)

(

)

14. SIGNATURE

-

vice President

Co-Partner

Registered Domestic Partner

Co-Manager

Member

Co-Owner

Trustee

15. FULL NAME (first, middle, last) 16. RESIDENCE ADDRESS (street, city, state, zip code) 17. SOCIAL SECURITY NUMBER (attach verification) (corporate officers excluded) 19. RESIDENCE TELEPHONE NUMBER 18. DRIvER LICENSE NUMBER (attach verification) 20. DAYTIME TELEPHONE NUMBER

(

)

(

)

21. SIGNATURE

-

Secretary

Co-Partner

Registered Domestic Partner

Co-Manager

Member

Co-Owner

Trustee

22. FULL NAME (first, middle, last) 23. RESIDENCE ADDRESS (street, city, state, zip code) 24. SOCIAL SECURITY NUMBER (attach verification) (corporate officers excluded) 26. RESIDENCE TELEPHONE NUMBER 25. DRIvER LICENSE NUMBER (attach verification) 27. DAYTIME TELEPHONE NUMBER

(

)

(

)

-

28. SIGNATURE

BOE-400-UST (BACK) REv. 2 (11-07)

SECTIOn III: bUSInESS AnD SITE InFORMATIOn
1. CURRENTLY DOING BUSINESS AS (DBA) (write none if not applicable) Partnerships complete if business name different from name of partnership 2. BUSINESS ADDRESS OF TANK LOCATION (do not list P.O. Box or mailing service) If two or more locations, please attach a list 3. MAILING ADDRESS (if different from above) (street, city, state, zip code) 5. ADDRESS WHERE BOOKS AND RECORDS ARE MAINTAINED (street, city, state, zip code) 6. NAME OF PERSON TO CONTACT REGARDING ALL LICENSING ACTIvITIES 7. NAME OF PERSON TO CONTACT REGARDING TAx REPORTING ACTIvITIES 8. NAME OF BANK OR FINANCIAL INSTITUTION HOLDING THE PRIMARY BUSINESS ACCOUNT ADDRESS (mailing address, city, state, zip code) 9. WHAT TYPE OF PETROLEUM PRODUCT ARE YOU SELLING OR STORING? 11. NAME OF OPERATOR (if other than owner) 12. DOES YOUR BUSINESS OPERATE FROM MORE THAN ONE LOCATION? YES NO (if yes, be sure to list all locations in Section III, line 2) DAYTIME TELEPHONE NUMBER FAx NUMBER

(

)

(

)

4. PARCEL NUMBER DAYTIME TELEPHONE NUMBER FAx NUMBER

( ( (

) )

(

)

DAYTIME TELEPHONE NUMBER DAYTIME TELEPHONE NUMBER

E-MAIL ADDRESS E-MAIL ADDRESS

)

ACCOUNT NUMBER TELEPHONE NUMBER FAx NUMBER

(

)

(

)

10. NUMBER OF TANKS AT SITE AND CAPACITY OF EACH TANK

13. NAME OF OWNER OF REAL PROPERTY FOR EACH SITE THAT HAS AN UNDERGROUND STORAGE TANK (if different from applicant) 14. WEBSITE ADDRESS 15. ARE YOU BUYING A BUSINESS? (if yes, please list seller's name and account number if known) NAME FORWARDING ADDRESS 16. NAME OF YOUR FUEL SUPPLIER(S) IN CA OR NATIONWIDE ADDRESS (mailing address, city, state, zip code) YES NO

UNDERGROUND STORAGE TANK ACCOUNT NUMBER TELEPHONE NUMBER

( (
17. ARE YOU REGISTERED TO COLLECT AND/OR REMIT SALES TAx? IF YES, WHAT IS YOUR SALES TAx NUMBER? 18. DO YOU HAvE OTHER BOARD OF EQUALIZATION ISSUED LICENSES OR PERMITS? YES NO

) )

TELEPHONE NUMBER

IF YES, PLEASE LIST ACCOUNT NUMBERS.

SECTIOn IV: CERTIFICATIOn
I certify and declare, under penalty of perjury, that the information contained herein is correct to the best of my knowledge and that I am authorized to sign and certify this application.
TANK OWNER'S OR AUTHORIZED REPRESENTATIvE'S NAME (type or print) TANK OWNER'S OR AUTHORIZED REPRESENTATIvE'S SIGNATURE TITLE DATE

-

Return Application to: Board of Equalization, Fuel Taxes Division P.O. Box 942879, Sacramento, CA 94279-0030, 916-322-9669 FOR bOARD USE OnLY Furnished to Taxpayer
REPORTING BASIS QUARTERLY SECURITY YEARLY RECEIvED BY PUBLICATIONS PUB 49 PUB 88 PUB 70 RETURNS

APPROvED BY ACCOUNT NUMBER ISSUED

REMOTE INPUT DATE DATE







CLEAR

PRINT

7

Frequently Asked Questions
Who must obtain a license?
The owner of an underground storage tank must register with the BOE and pay the underground storage tank maintenance fee for every gallon of petroleum product placed into the underground tank. If you own property where an underground storage tank is located, you are usually considered the owner of the underground storage tank. If you operate an underground storage tank but do not own it, you are not liable for the fee. An operator is defined as the person who controls or is responsible for the daily operation of the tank. Generally, if you lease an underground storage tank, you will be considered an operator, not an owner, unless your lease provides otherwise.

What are my responsibilities as the holder of an account?
· You must file fee returns. You will receive returns for reporting your transactions and fee payments. Returns are due on or before the due date printed on the return (you must file a fee return even if you have no fee due or activities to report). · You must keep records to substantiate your activities as noted on the corresponding fee returns. You must keep your records for a minimum of four years. · You must notify the BOE if you move, change ownership, discontinue operations, or sell your business. You should notify the BOE of any change in ownership. If you do not, you could be held liable for the continuing tank fees. In addition, you should immediately notify us in writing if you discontinue your business. Your notification will allow us to close your account number. · You must furnish all the required information requested on applications for registration and fee returns. If you do not provide the information required on the application form, we may not be able to establish an account number. In addition, the law provides penalties for failure to file a return; failure to furnish specific, required information; and for furnishing fraudulent information. · You should notify us immediately if you drop or add a partner. This may protect former partners from fee liabilities incurred by the business after the partnership change. · You should notify us immediately if you add or drop a tank location. · You should notify us immediately if the lease changes.

Why do you need to verify my social security and driver license numbers?
This information is required to ensure the accuracy of the information provided and to protect you against fraudulent use of your identification numbers. If your social security card is not readily available, you may provide other documentation.

Is information regarding my account subject to public disclosure?
Generally, personal information, such as your driver license number, your social security number, and your residence address, is not disclosed to the public. However, some records are subject to disclosure, such as your BOE account number, your business name and address, and your account number status. Also, for purposes of enforcing the fuel tax laws, personal information may be disclosed to federal agencies and other state agencies. See also the disclosure information on page 9.

Underground Storage Tank Maintenance Fee Application nNovember 2007

8

Other Fuel Taxes and Fees
You may also be required to register under one or more of the following tax and fee programs. These programs are administered by the Fuel Industry Section, which can be reached at 916-322-9669.
Use Fuel Tax Law Use fuel vendors who sell and deliver use fuel into the fuel tanks of motor vehicles must have a license and collect the state excise tax. Persons who operate vehicles powered by use fuel on California highways also need to be licensed as users. The use fuel tax is imposed on fuels other than those covered by the Motor Vehicle Fuel Tax Law and Diesel Fuel Tax Law. Some of the typical use fuels governed by the Use Fuel Tax Law are compressed natural gas (CNG), liquefied petroleum gas (LPG, or propane), liquid natural gas (LNG), ethanol, and methanol. Aircraft Jet Fuel Tax Law Every aircraft jet fuel dealer must register with the BOE and pay the excise tax on each gallon of jet fuel sold and placed directly into the fuel tank of an aircraft or delivered into the storage facility of a jet fuel user. Oil Spill Prevention and Administration Fee/Oil Spill Response Fee You may need to be registered for one of the fee programs listed above if you operate · An oil refinery in California · A marine terminal in marine waters that transfers crude oil or petroleum products to or from tankers or barges · A pipeline across, under or through marine waters that transports crude oil · Any pipeline to transport crude oil out of California Please contact us for more information on registration and fee reporting requirements. Currently, no fees are charged for the Oil Spill Response Fee, although registrants must file a return each year. Motor Vehicle Fuel Tax and Diesel Fuel Tax A Supplier of motor vehicle fuel or diesel fuel engaged in business in California as a Terminal Operator, Position Holder, Refiner, Blender, Enterer, or Throughputter must register with the BOE and pay the excise tax on each gallon of fuel removed from the terminal rack. An Ultimate Vendor of diesel fuel must obtain a license to obtain a refund from the BOE for undyed diesel fuel sold to a user of diesel fuel for use on a farm for farming purposes or for use in an exempt bus operation. Additional licenses issued under these tax programs are the Train Operator license and Vessel/Pipeline Operator license. If you need one of these licenses, please contact our office. Diesel Fuel Additional licenses issued under this tax program are as follows: Government Entity, Exempt Bus Operator, and Qualified Highway Vehicle Operator. If you need one of these licenses, please contact our office at 916-322-9669 to request an application. You can also download the application BOE-400-FTA, California Fuel Taxes/Fees Application, or BOE-400-FCO, Supplier and/or Ultimate Vendor License Application from our website at www.boe.ca.gov (look under "Register for a Permit/License" select "Visit the Registration Information for Fuel Taxes Division Programs"). If you are a user of diesel fuel who drives outside of California, you should contact the Motor Carrier Section of the Fuel Taxes Division, at 916-322-9669 for information on Interstate Diesel Fuel (DI) or International Fuel Tax Agreement (IFTA) accounts.

Underground Storage Tank Maintenance Fee Application nNovember 2007

Underground Storage Tank Maintenance Fee Program Privacy Notice
Information Provided to the Board of Equalization
We ask you for information so that we can administer the state's Underground Storage Tank Maintenance Fee, sections 50101-50161;1 and Health & Safety Code sections 25280-25299.96. We will use the information to determine whether you are paying the correct amount of fee and to collect any amounts you owe. You must provide all of the information we request, including your social security number (used for identification purposes [see Title 42 U.S. Code sec.405(c)(2)(C)(i)]). What happens if I don't provide the information? If your application is incomplete, we may not issue your account number. If you do not file complete returns, you may have to pay penalties and interest. Penalties may also apply if you don't provide other information we request or that is required by law, or if you give us fraudulent information. In some cases, you may be subject to criminal prosecution. In addition, if you don't provide information we request to support your exemptions, credits, exclusions, or adjustments, we may not allow them. You may end up owing more fees or receiving a smaller refund. Can anyone else see my information? Your records are covered by state laws that protect your privacy. However, we may share information regarding your account with certain government agencies (see list in following section). We may also share certain information with companies authorized to represent local governments. Under some circumstances we may release to the public the information printed on your permit or license; including your account number, account start and closeout dates, and names of business owners or partners. When you sell a business, we can give the buyer or other involved parties information regarding your outstanding fee liability. With your written permission, we can release information regarding your account to anyone you designate. We may disclose information to the proper officials of the following agencies, among others: · United States government agencies: U.S. Attorney's Office; Bureau of Alcohol, Tobacco and Firearms; Deptartment of Agriculture, Defense, and Justice; Federal Bureau of Investigation; General Accounting Office; Internal Revenue Service; Interstate Commerce Commission. · State of California government agencies and officials: Air Resources Board; Department of Alcoholic Beverage Control; Auctioneer Commission; Department of Motor Vehicles; Employment Development Department; Energy Commission; Exposition and Fairs; Department of Food and Agriculture; Board of Forestry; Forest Products Commission; Franchise Tax Board; Department of Health Services; Highway Patrol; Department of Housing and Community Development; California Parent Locator Service. · State agencies outside of California for tax enforcement purposes. · City attorneys and city prosecutors; county district attorneys, police and sheriff departments. Can I review my records? Yes. Please contact the Fuel Taxes Division. If you need more information, you may contact our Disclosure Officer in Sacramento by calling 916-445-2918. You may also want to obtain publication 58-A, How to Inspect and Correct Your Records. You may download it from our website at www.boe.ca.gov (look under "Forms & Publications") or order a copy from our Information Center at 800-400-7115. Who is responsible for maintaining my records? The Deputy Director of the Property and Special Taxes Department is responsible for maintaining your records. You may contact the Deputy Director by calling 916-445-6464 or writing to the following address: Deputy Director Property and Special Taxes Department P.O. Box 942879 Sacramento, CA 94279-0063

1

All statutory references are to California Revenue and Taxation Code unless otherwise indicated.

Underground Storage Tank Maintenance Fee Application nNovember 2007