Hi Tom

Thanks for clearing that up. One hears very little about road tax in 
the US, one hears a very great deal about it in the UK. From what you 
say about BD, the less one hears about it in the US the better, eh? 
LOL! Shhhh!

Big-time barters, well yes, different. Why do I suddenly find myself 
thinking of Big Oil campaign contributions?? Small-time stuff should 
go under the radar screen mostly, I think. Also it's almost 
impossible to estimate the scale of the "problem", and without a 
damage estimate it's unlikely anyone will take concerted action.

I get the idea there are plenty of ways round this EPA hassle for 
small-timers with a bit of imagination, and with the small-timer's 
one huge advantage - local contact.

Best

Keith


>Hi Keith,
>
>I try to keep myself far from legal matters as possible, but here is my
>belief. Commerce is defined under federal codes as selling or bartering. I
>don't have a reference to that, but it should not be hard to confirm.  As you
>imply, it is hard to document barter arrangements, but if something was to go
>big scale, it could be a vulnerability for federal prosecution.
>
>Road tax is supposed to be paid on all fuel used for road transportation.
>This is the basis of the multi-thousand dollar fines some truckers have paid
>when it was discovered that they were using un-taxed fuel in trucks. As you
>know, the standard test for that is to put a few drops of fuel from a suspect
>tank on a piece of blotter paper and look for the tell-tale red dye of
>untaxed fuel. But, surprise, no red dye in biodiesel, so the chances of
>getting caught are less. So far no one has reported this situation to my
>knowledge. And yes, tax is due on personal use fuel- quarterly on the Excise
>Tax forms for federal road tax, and ususally monthly on state tax forms. The
>postage alone will cost more than the tax payments for the personal user.  I
>paid over $700 last year in federal and state tax payments, but the EPA says
>they will use that as evidence I'm violating 40CFR79 if I make more tax
>payments for other than personal use, so I've stopped for a while until this
>gets sorted out.
>
>Tom Leue
>
>In a message dated 7/26/02 11:25:27 PM, [EMAIL PROTECTED] writes:
>
><< Hello again Tom
>
> >In a message dated 7/22/02 10:11:41 PM, [EMAIL PROTECTED] writes:
> >
> ><< Hello Tom
>
><snip>
>
> >The EPA says they will
> > >fine small producers up to $25,000 a day if they find your are putting
> > >biodiesel fuel into "commerce", meaning selling it or bartering it.
> >
> >Bartering it? They actually specify that?
> >
> >---Yeah, its the legal definition of "commerce"---
>
>Sorry, whose definition? The EPA's specifically, in this context? Or
>generally? Barter might be commerce, but it's virtually impossible to
>regulate it. Or even to prove it, if you're smart, seems to me. Two
>parties give each other gifts on a semi-regular basis. So?
>
>By the way, if you are selling it, who pays the road tax? Is there
>any road tax on fuel you make yourself for your own use in the US?
>
>Keith >>


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