§ 182. Additional franchise tax on certain oil companies. 1.\nNotwithstanding any other provision of this chapter, or of any other\nlaw, for taxable years ending on or after June eighteenth, nineteen\nhundred eighty but before December thirty-first, nineteen hundred\neighty-three, an annual tax is hereby imposed upon every oil company\nequal to two per centum of its gross receipts from all sources, or the\nportion thereof allocated within the state as hereinafter provided, for\nthe privilege of exercising its corporate franchise, or of doing\nbusiness, or of employing capital, or of owning or leasing property in\nthis state in a corporate or organized capacity, or of maintaining an\noffice in this state, for all or any part of each of its taxable years.\nIn no event shall the tax imposed by this section be less than two\nhundred fifty dollars.\n 2. As used in this section: (a) The term "oil company" means every\nvertically integrated petroleum corporation or affiliate thereof formed\nfor or engaged in the business of importing or causing to be imported\ninto this state for sale in this state, extracting, producing, refining,\nmanufacturing, compounding or selling petroleum. For purposes of this\nsection, petroleum shall include, but shall not be limited to, gasoline,\naviation fuel, kerosene, diesel motor fuel, benzol, distillate fuels,\nresidual oil, crude oil or any similar product; a vertically integrated\npetroleum corporation or affiliate thereof means any domestic or foreign\ncorporation, which, either for its own account or with affiliates: (i)\nextract or produces in excess of one hundred thousand average barrels of\ncrude oil per day, (ii) has a refining capacity in excess of one hundred\nseventy-five thousand average barrels of crude oil per day, and (iii)\nmarket or distributors for marketing gasoline, motor fuels, fuel oils,\nand similar products derived from the refining or manufacture of crude\noil, whether such activities are carried on directly or indirectly in\nconjunction with or by means of an affiliate or affiliates; and\naffiliate means a corporation in which more than fifty per centum of the\nnumber of shares of stock entitling the holders thereof to vote for the\nelection of directors or trustees is owned, directly or indirectly, by\nthe vertically integrated petroleum corporation or affiliate thereof.\n (b) The term "gross receipts" means all receipts, whether from within\nor without the United States, whether in cash, credits or property of\nany kind or nature, without any deduction therefrom on account of the\ncost of the property sold, the cost of materials used, labor or\nservices, or other costs, interest or discount paid, or any other\nexpense whatsoever but excluding such receipts which constitute\nconsideration received by the oil company for the issuance or sale of\nshares of its capital stock or money lent to such company. Receipts\nreceived by reason of any sale of fuel oil (excluding diesel motor fuel)\nused for residential purposes shall not be included in gross receipts.\nProvided, however, gross receipts shall not include the receipts from\nany sale for resale to a purchaser which is an oil company subject to\ntax under this section. It shall be presumed that no receipts are\nreceipts from a sale for resale to such purchaser unless such purchaser\nfurnishes the oil company with a resale certificate in such form and\nunder such terms and conditions as the tax commission may prescribe and\nsuch certificate is accepted in good faith by such oil company.\n (c) The term "corporation" includes a corporation, joint stock company\nor association and any business conducted by a trustee or trustees\nwherein interest or ownership is evidenced by certificate or other\nwritten instrument.\n (d) The term "taxable year" means the oil company's taxable year for\nfederal income tax purposes, or the part thereof during which such oil\ncompany is subject to tax under this section.\n 3. (a) The portion
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