Form Boe-400-Tpa (S1f) - Trading Partner Agreement For Boe Motor Fuels Electronic Filing Program Page 2

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BOE-400-TPA (S1B) REV. 5 (4-13)
3. Standards: 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 eFiling Guide. The BOE may revise or update these standards and/or eFiling Guide as necessary.
The BOE will advise Taxpayer of any changes to the standards and i nstructions in advance of the due dates to allow a reasonable time
for compliance with any new filing requirements.
4.
Signature: Neither party shall contest the validity or enforceability of the tax filings communicated in electronic f orm 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 the same extent as if in paper, to be “signed,” and to be an “original.” The
authorization code and security code transmitted with each file received by the BOE shall represent the signature of Taxpayer or an
authorized agent who affixed his or her signature to this agreement in item 19, and, with respect to each electronic filing transmitted with
the identification code and password, shall have the same effect as if 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 Taxpayer attempts to file a tax f orm and is unable to do so because
the Receipt Computer is not available to receive a filing, Taxpayer should immediately contact the BOE when such an access problem
is identified. Please refer to the eFiling 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 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 to be a valid filing, even if an acknowledgment of receipt was s ent.
7. Garbled Transmissions: If any transmission is r eceived in an unintelligible or garbled form, such that the BOE cannot identify
Taxpayer, no acknowledgment will be transmitted. The absence of the acknowledgment shall be treated as notice to Taxpayer that the
BOE did not receive the filing.
8. Record Retention: Taxpayer will maintain records of transactions submitted as 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: Taxpayer filing electronically under this agreement will make payment of taxes due by using one of the electronic payment
methods offered by the BOE. Taxpayer will follow the procedures for the payment method used as set forth by the BOE on the BOE’s
Online Services—Overview web page at
11. Limited Disclosure of Confidential Tax Information: Taxpayer authorizes the BOE to release, as necessary, certain otherwise
confidential transaction information regarding invoice numbers, bills of lading, locations, dates, method of delivery, and 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: Taxpayer shall 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: Taxpayer, at its own expense, shall provide and maintain the equipment, software,
services, and testing necessary for Taxpayer to transmit 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 f ilings. Both the BOE and
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.
Taxpayer is r equired to transmit security information (authorization code and security code) along with its filing(s). The BOE will provide
an authorization code to Taxpayer. Taxpayer will provide the BOE with the security code that will be used by Taxpayer. The security
code and authorization code will be used to identify Taxpayer. Taxpayer is required to use this security code and authorization code for
each filing. This security code will remain in effect until the BOE is notified in writing that Taxpayer has selected a new security code.
Taxpayer will be required to use the current security code until Taxpayer receives written notice from the BOE that the change of
security code was received and implemented. Neither party shall disclose to any unauthorized persons the security code or
authorization code of the other party.

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