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California Underground Storage Tank Maintenance Fee Application Form. This is a California form and can be use in Board Of Equalization Statewide.
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Tags: California Underground Storage Tank Maintenance Fee Application, BOE-400-UST, California Statewide, Board Of Equalization
BOE-400-UST REV. 3 (7-11)
California Underground
Storage Tank Maintenance
Fee Application
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OF EQUALIZATION
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First District
San Francisco
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MICHELLE STEEL
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JOHN CHIANG
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State Controller
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KRISTINE CAZADD
Interim Executive Director
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Where can I get help?
WEBSITE
www.boe.ca.gov
TAXPAYER INFORMATION SECTION
800-400-7115 (TTY:711)
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 online, read about upcoming Taxpayers’
Bill of Rights hearings, and obtain information on
BOE field office addresses and telephone numbers.
If you need help with your application or have questions regarding the fuel taxes administered by the
BOE, please call the Taxpayer Information Section
between 8 a.m. and 5 p.m., Pacific time, MondayFriday, except state holidays.
Another good resource—especially for starting a
business—is the California Tax Service Center at
www.taxes.ca.gov.
WRITTEN TAX ADVICE
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.
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, MIC:70
PO 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 Taxpayer Information Section.
Send your request for written advice to:
Special Taxes and Fees
State Board of Equalization
PO Box 942879
Sacramento, CA 94279-0088
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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 Taxpayer Information
Section. 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
Taxpayer Information Section at 800-400-7115 (TTY:711).
Step 2: Send in your application and supporting
documents
Make a copy of your completed application for your files, then mail the
original application to: Special Taxes and Fees, Board of Equalization,
P.O. Box 942879, Sacramento, CA 94279-0088. 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 3: 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 monthly, quarterly, or yearly basis.
Your return is due on or before the due date printed on the return.
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TAXPAYER
INFORMATION SECTION
800-400-7115
TTY:711
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 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:
BOE-392, Power of Attorney, if
you wish to designate someone to act on your behalf.
You may obtain a copy of this
form from our website or call
our Taxpayer Information
Section.
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.
Section II: Ownership information
Items 1–31:
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, LLCs, or corporations, a separate application is required for 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
8-31 for corporate information.
Items 10, 11, 18, 19, 26, 27: 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.
Section III: Business and site information
Item 2: 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.
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BOE-400-UST (FRONT) REV. 3 (7-11)
STATE OF CALIFORNIA
APPLICATION FOR CALIFORNIA UNDERGROUND STORAGE TANK MAINTENANCE FEE
SECTION I: TYPE OF LICENSE
BOARD OF EQUALIZATION
FOR BOE USE ONLY
1. PLEASE CHECK THE APPLICABLE BOX THAT BEST DESCRIBES YOUR BUSINESS
TAX
Gas Station
Petroleum Distributor/Wholesaler
OFFICE
NUMBER
Farm
Other (please describe)
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 complete the application. The owner must
produce a notarized bill of sale or business documents stating the tanks were included in the sale, or an invoice showing delivery of the tanks to
the site indicated that were billed to the tank owner, or a lease agreement specifying the underground storage tank(s) is/are owned by the lessee
during the term of the lease. (Please submit the lease agreement.)
In this situation, the owner must provide documentation of ownership, which may include a notarized Bill of Sale or other business document
reflecting the purchase or ownership of the tanks; or a contract for the installation of the tanks and payment for the tanks; or other documentation
evidencing ownership. If the location at which the tanks are installed is leased, please provide a copy of the lease, including any addendums or
amendments.
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)
Married Co-Ownership
Corporation
Joint Venture
Other
— tear on perforation —
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), 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
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)
11. DRIVER LICENSE NUMBER (attach verification)
12. RESIDENCE TELEPHONE NUMBER
13. DAYTIME TELEPHONE NUMBER
(
(
)
14. SIGNATURE
✍
Vice President
)
15. EMAIL ADDRESS
Co-Partner
Registered Domestic Partner
Co-Manager
Member
Co-Owner
Trustee
16. FULL NAME (first, middle, last)
17. RESIDENCE ADDRESS (street, city, state, zip code)
18. SOCIAL SECURITY NUMBER (attach verification) (corporate officers excluded)
19. DRIVER LICENSE NUMBER (attach verification)
20. RESIDENCE TELEPHONE NUMBER
21. DAYTIME TELEPHONE NUMBER
(
)
(
22. SIGNATURE
✍
Secretary
)
23. EMAIL ADDRESS
Co-Partner
Registered Domestic Partner
Co-Manager
Member
Co-Owner
Trustee
24. FULL NAME (first, middle, last)
25. RESIDENCE ADDRESS (street, city, state, zip code)
26. SOCIAL SECURITY NUMBER (attach verification) (corporate officers excluded)
27. DRIVER LICENSE NUMBER (attach verification)
28. RESIDENCE TELEPHONE NUMBER
29. DAYTIME TELEPHONE NUMBER
(
)
30. SIGNATURE
✍
(
)
31. EMAIL ADDRESS
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BOE-400-UST (BACK) REV. 3 (7-11)
SECTION III: BUSINESS AND SITE INFORMATION
1. CURRENTLY DOING BUSINESS AS (DBA) (write none if not applicable) Partnerships complete if business name is 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.
DAYTIME TELEPHONE NUMBER
FAX NUMBER
(
(
3. MAILING ADDRESS (if different from above) (street, city, state, zip code)
4. PARCEL NUMBER
5. ADDRESS WHERE BOOKS AND RECORDS ARE MAINTAINED (street, city, state, zip code)
DAYTIME TELEPHONE NUMBER
)
(
FAX NUMBER
(
)
6. NAME OF PERSON TO CONTACT REGARDING ALL LICENSING ACTIVITIES
DAYTIME TELEPHONE NUMBER
7. NAME OF PERSON TO CONTACT REGARDING TAX REPORTING ACTIVITIES
DAYTIME TELEPHONE NUMBER
(
)
EMAIL ADDRESS
)
(
8. NAME OF BANK OR FINANCIAL INSTITUTION HOLDING THE PRIMARY BUSINESS ACCOUNT
)
EMAIL ADDRESS
)
ACCOUNT NUMBER
ADDRESS (mailing address, city, state, zip code)
TELEPHONE NUMBER
9. WHAT TYPE OF PETROLEUM PRODUCTS ARE YOU SELLING OR STORING?
FAX NUMBER
(
(
)
)
10. NUMBER OF TANKS AT SITE AND CAPACITY OF EACH TANK
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)
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
YES
NO
UNDERGROUND STORAGE TANK ACCOUNT NUMBER
FORWARDING ADDRESS
TELEPHONE NUMBER
(
16. NAME OF YOUR FUEL SUPPLIER(S) IN CA OR NATIONWIDE
ADDRESS (mailing address, city, state, zip code)
)
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
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)
TITLE
TANK OWNER’S OR AUTHORIZED REPRESENTATIVE’S SIGNATURE
DATE
✍
Return Application to: Board of Equalization, Special Taxes and Fees
P.O. Box 942879, Sacramento, CA 94279-0088
FOR BOE USE ONLY
Furnished to Taxpayer
REPORTING BASIS
MONTHLY
SECURITY
APPROVED BY
ACCOUNT NUMBER ISSUED
PUBLICATIONS
QUARTERLY
YEARLY
PUB 88
RETURNS
PUB 70
RECEIVED BY
REMOTE INPUT DATE
DATE
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Frequently Asked Questions
Who must Register?
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.
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.
What are my responsibilities as the holder of an
account?
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).
to substantiate your
activities as noted on the corresponding fee
returns. You must keep your records for a minimum of four years.
ownership, discontinue operations, or sell your
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.
requested on applications for registration and
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.
This may protect former partners
from fee liabilities incurred by the business after
the partnership change.
You should notify us immediately if the lease
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Other Special 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 Special Taxes and
Fees.
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), E-85,
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.
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 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
“How do I register for a Permit or License,” select
“Fuel Tax,” and under “Information About,” select
“Registration for Fuel Tax Programs.”
If you are a user of diesel fuel who drives outside
of California and need information on Interstate
Diesel Fuel (DI) requirements, or if you have
questions about (or need help in obtaining) your
International Fuel Tax Agreement (IFTA) account,
you should contact our Motor Carrier Office at
800-400-7115 (TTY:711).
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.
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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.
Can anyone else see my information?
We may disclose information to the proper officials of
the following agencies, among others:
Office; Alcohol and Tobacco Tax and Trade Bureau;
Department of Agriculture, Defense, and Justice;
Federal Bureau of Investigation; General Accounting Office; Internal Revenue Service; and Interstate
Commerce Commission.
Air Resources Board; Department of Alcoholic
Beverage Control; Auctioneer Commission; Department of Motor Vehicles; Employment Development
Department; Energy Commission; Expositions and
Fairs; Department of Food and Agriculture; Board
of Forestry; Forest Products Commission; Franchise
Tax Board; Department of Public Health; Highway
Patrol; Department of Housing and Community
Development; California Parent Locator Service.
-
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.
ment purposes.
attorneys, police and sheriff departments.
Can I review my records?
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 the names of business owners or
partners. When you sell a business, we are permitted
to give the buyer or other involved parties information
regarding your outstanding fee liability.
Yes. Please contact Special Taxes and Fees. 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 Taxpayer
Information Section at 800-400-7115 (TTY:711).
With your written permission, we may release information regarding your account to anyone you designate.
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
PO Box 942879
Sacramento, CA 94279-0063
1
All statutory references are to California Revenue and Taxation Code
unless otherwise indicated.
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