Title 48, Chapter 9, Section 19
( 48-9-19)
(a) The commissioner may enter into cooperative agreements with
other states for exchange of information in administering the tax
imposed by this article. No agreement, arrangement, declaration, or
amendment to an agreement shall be effective until stated in writing
and approved by the commissioner. (b) An agreement may provide for determining the base state for
motor carriers; records requirements; audit procedures; exchange of
information; persons eligible for tax licensing; defining qualified
motor vehicles; determining if bonding is required; specifying
reporting requirements and periods, including defining uniform
penalty and interest rates for late reporting; determining methods
for collecting and forwarding of gasoline or other motor fuel taxes
and penalties to another jurisdiction; and such other provisions as
will facilitate the administration of the agreement. (c) The commissioner may, as required by the terms of an agreement,
forward to officials of another state any information in the
department's possession relative to the use of gasoline or other
motor fuels by any motor carrier. The commissioner may disclose to
officials of another state the location of offices, motor vehicles,
and other real and personal property of motor carriers. (d) An agreement may provide for each state to audit the records of
motor carriers based in that state to determine if the gasoline or
other motor fuel taxes due each state are properly reported and
paid. Each state shall forward the findings of the audits performed
on motor carriers based in that state to each state in which the
motor carrier has taxable use of gasoline or other motor fuels. For
motor carriers not based in this state who have taxable use of
gasoline or other motor fuels in this state, the commissioner may
utilize the audit findings received from another state as the basis
upon which to propose assessments of gasoline or other motor fuel
taxes against the motor carrier as though the audit had been
conducted by the commissioner. Penalties and interest shall be
assessed at the rates provided in the agreement. (e) No agreement entered into pursuant to this Code section may
preclude the department from auditing the records of any motor
carrier covered by this chapter. (f) Any assessment or order made under this Code section shall be
governed by all provisions of this title applicable to assessments
and orders under this chapter generally, except to the extent that
different treatment is specifically required by this Code section or
any agreement entered into pursuant to the authority of this Code
section. (g) If the commissioner enters into any agreement under the
authority of this Code section and the provisions set forth in the
agreement are in conflict with any provision of any rule or
regulation promulgated by the commissioner, the provisions of such
agreement shall prevail. |