§ 422. Jet fuel sales.

(a)

The tax rate shall be at an amount of $0.018 per gallon sold from the business activity upon every person engaging or continuing in the business of selling jet fuel.

(1)

Gallons sold includes all gallons sold, bartered, exchanged, included as part or whole of a trade-out, or similar transactions regardless of the type or form of payment.

(2)

For purposes of this section, the following terms are substitutable in articles III and V of this appendix, and corresponding regulations:

a.

"Gallons" for "gross income."

b.

"Gallon(s)" for "amount(s)."

(b)

The burden of proving that a sale of jet fuel is not a taxable sale shall be upon the person who made the sale.

(c)

Except as provided in section 567, when this City and another Arizona City or town with an equivalent excise tax could claim nexus for taxing a jet fuel sale, the City or town where the permanent business location of the seller at which the order was received shall be deemed to have precedence, and for the purposes of this appendix, such City or town has sole and exclusive right to such tax.

(d)

The appropriate tax liability for any jet fuel sale where the order is received at a permanent business location of the seller located in this City or in an Arizona City or town that levies an equivalent excise tax shall be at the rate of the City or town of such seller's location.

(e)

Exemptions. Notwithstanding section 400(d), the exemptions in section 465(a), (b) and (d) through (z) will apply to sales of jet fuel taxed under this section.

(Ord. No. 2389, § 3, 10-14-91)