A. The motor vehicle diesel fuel tax imposed by TMC 3.35.030 and 3.35.040 shall not be imposed on motor vehicle diesel fuel:

B. In support of any exemption from motor vehicle diesel fuel taxes claimed under this section, other than in the case of stock transfers or deliveries in the dealer’s own equipment, every dealer must execute and file with the tax administrator an export certificate in such form as shall be prescribed, prepared, and furnished by the tax administrator, containing a statement, made by some person having actual knowledge of the fact of such exportation, that the motor vehicle diesel fuel has been exported from the city, and giving such details with reference to such shipment as the tax administrator may require. The tax administrator may demand of any dealer such additional data as is deemed necessary in support of any such certificate, and failure to supply such data will constitute a waiver of all right to exemption claimed by virtue of such certificate. The tax administrator may, in a case where tax administrator believes no useful purpose would be served by filing of an export certificate, waive the filing of the certificate.

C. Any motor vehicle diesel fuel carried from the city in the fuel tank of a motor vehicle shall not be considered as exported from the city.

D. No person shall, through false statement, trick or device, or otherwise, obtain motor vehicle diesel fuel for export as to which the city tax has not been paid and fail to export the same, or any portion, or cause the motor vehicle diesel fuel or any portion not to be exported, or divert or cause to be diverted the motor vehicle diesel fuel or any portion to be used, distributed or sold in the city and fail to notify the tax administrator and the dealer from whom the motor vehicle diesel fuel was originally purchased of such person’s act.

E. No dealer or other person shall conspire with any person to withhold from export, or divert from export or to return motor vehicle diesel fuel to the city for sale or use so as to avoid any of the fees imposed under this chapter.

F. In support of any exemption from taxes on account of sales of motor vehicle diesel fuel in individual quantities of 500 gallons or less for export by the purchaser, the dealer shall retain, for at least three years, an export certificate executed by the purchaser in such form and containing such information as is prescribed by the tax administrator. This certificate shall be prima facie evidence of the exportation of the motor vehicle diesel fuel to which it applies only if accepted by the dealer in good faith. [Ord. 933B § 1, 2017.]