Form Boe-400-Tpa (S1f) - Trading Partner Agreement For Boe Motor Fuels Electronic Filing Program Page 2
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4BOE-400-TPA (S1B) REV. 2 (5-07)
3.
Standards: The Taxpayer will electronically transmit returns, reports, and claim forms (filings) to the BOE according to the BOE’s
standards and instructions as outlined in the E-Filing Guide. The standards and/or E-Filing Guide may be revised or updated by the
BOE as necessary. The BOE will provide these standards and instructions to the Taxpayer in advance of the due dates to allow a
reasonable time for compliance with the filing requirements.
4.
Signature: Neither party shall contest the validity or enforceability of the tax filings communicated in electronic form according to this
agreement on grounds related to the absence of paper-based writings, signings or originals. To the extent that a tax filing
communicated in electronic form under this agreement contains the required information and is in a form that can be read by the BOE,
it shall be considered to be “in writing” and “written” to an extent no less than as if in paper, to be “signed” and to be an “original.” The
identification code and password transmitted in each file received by the BOE shall represent the signature of the Taxpayer or an
authorized agent who affixed their signature to this agreement, and with respect to each electronic filing transmitted with the identification
code and password, shall have the same effect as if the Taxpayer actually signed the electronic file.
5.
Receipt of Transmissions: A filing shall be deemed to have been filed with the BOE when the filing, in the stipulated format, is
accessible to the BOE and meets the requirements of the BOE. If the Taxpayer attempts to file a tax form and is unable to do so
because the Receipt Computer is not available to receive a filing, the Taxpayer should immediately contact the BOE when such an
access problem is identified. Please refer to the E-Filing Guide for additional information concerning the transmission of filings and the
procedures for contacting the BOE.
6.
Acknowledgment of Receipt of Transmissions: The BOE will issue an acknowledgment upon receiving a successfully transmitted
filing from the Taxpayer. The acknowledgment will communicate only that the BOE has received the filing. An acknowledgment does
not imply any findings by the BOE as to the readability of the filing. A transmission received by the BOE that is not in the stipulated
format will not be considered as a valid filing, even if an acknowledgment of receipt was sent.
7.
Garbled Transmissions: If any transmission is received in an unintelligible or garbled form, such that the BOE cannot identify the
Taxpayer, no acknowledgment will be transmitted. The absence of the acknowledgment shall be treated as notice to the Taxpayer that
the BOE did not receive the filing.
8.
Record Retention: The Taxpayer will maintain records of the transactions covered by electronic filings for a period of not less than four
(4) years from the due date of the filing, unless the BOE authorizes in writing their destruction within a lesser period.
9.
Admissibility of Filings as Evidence: A certified copy of any filing transmitted under this agreement may be introduced in paper form
as evidence in any judicial proceeding by either party to the same extent and under the same conditions as any other business record.
Neither party shall contest the admissibility into evidence of any filing on the basis that it was not originated or maintained in paper form.
10. Payments: The Taxpayer filing electronically under this agreement will make payment of taxes due by use of electronic funds transfer
(EFT) regardless of tax amount. The Taxpayer will follow the provisions of the BOE’s EFT Program, which allows the use of either
Automated Clearing House (ACH) debit (a pay-by-phone program set up through the State’s bank) or ACH credit (a transaction
arranged by the Taxpayer with its bank) according to instructions included in the BOE’s Special Taxes Department Electronic Funds
Transfer (EFT) Program Information Guide. For more information regarding EFT, contact the Fuel Taxes Division at 916-322-9669.
11. Limited Disclosure of Confidential Tax Information: The Taxpayer authorizes the BOE to release, as necessary, certain otherwise
confidential transaction information regarding invoice numbers, bills of lading, locations, dates, method of delivery, or volumes of a
reportable product to any person identified in an electronic filing as being involved in a reported transaction, for the sole purpose of
verifying the accuracy of the transaction as reported in the electronic filing.
12. Governing Law: This agreement shall be governed by and interpreted in accordance with the laws of the State of California.
13. Terminal Operators: The Taxpayer will submit a schedule identifying the name, location, IRS assigned Terminal Control Number
(TCN) and BOE account number for each terminal covered by this agreement.
14. System Operations and Security Procedures: The Taxpayer, at its own expense, shall provide and maintain the equipment,
software, services, and testing necessary for the Taxpayer to transmit the electronic filings. The BOE, at its own expense, shall provide
and maintain the equipment, software, services, and testing necessary for the BOE to receive electronic filings. Both the BOE and the
Taxpayer shall establish reasonable security procedures and use best efforts to ensure that all transmissions are authorized and to
protect business records and data from improper access.
The Taxpayer is required to transmit security information (authorization code and password) along with its monthly filing(s). The BOE
will provide an authorization code to the Taxpayer. The Taxpayer will provide the BOE with the password that will be used by the
Taxpayer. The password and authorization code will be used to identify the Taxpayer. The Taxpayer is required to use this password
and authorization code for each filing. This password will remain in effect until the BOE is notified in writing that the Taxpayer has
selected a new password. The Taxpayer will be required to use the current password until the Taxpayer receives written notice from the
BOE that the change of password was received and implemented. Neither party shall disclose to any unauthorized persons the
password or authorization code of the other party.
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