Only Part of the Gas Tax Would Be Suspended

by Steve Haner

The gas tax in Virginia today is 33.8 cents per gallon and the diesel tax is 34.7 cents per gallon.  The fresh proposal from Governor Glenn Youngkin (R) for a 90-day suspension of those taxes does not eliminate Virginia’s full fuel tax bite.  The oft-ignored wholesale tax will remain while only the retail tax goes away.

Bacon’s Rebellion has plowed this ground before.  The Division of Motor Vehicles’ posted information on taxes remains intentionally misleading, listing the retail taxes in one place and mentioning the wholesale taxes somewhere else.   These taxes are also set up by different sections of the Code of Virginia.  Youngkin’s proposal would amend only one of those Code sections.

Whether or how much such a suspension would actually lower the pump price is a fair debate.  I’m interrupting a beach vacation to post this (most are still sleeping in) and here in Duck, N.C. the retail price is about 30 cents lower than we left behind in Richmond.  Clearly some adjustment at the pump would happen for July, August and September if this amendment passes.

But it remains fascinating and also infuriating that people are still not being told the full story.  The wholesale tax untouched by Youngkin’s proposal (and also his earlier failed efforts) is an additional 7.6 cents per gallon on gas and 7.7 cents per gallon on diesel, imposed by this Code section.  You will note it also includes a provision to adjust it come July 1 for inflation (see section B, paragraph 2).

American Petroleum Institute chart on Virginia’s full gas tax, retail, wholesale and the fee for underground storage tank removals.

Youngkin is asking the Assembly to continue to allow annual inflation adjustments in the retail gas tax when it starts back in October but would cap it at 2 percent going forward.   The 26.2 cent gasoline tax would resume at 26.7 cents, and perhaps add another half-cent in July 2023.  But the wholesale tax goes up the full inflation amount, which has not been disclosed.  Both taxes will then adjust annually at different rates.

Disclaimer:   For much of my lobbying career and for more than one client, I advocated for major increases in Virginia fuel taxes and advocated for imposing an annual inflation adjustment, or “indexing” as it is called.  I will not endorse this proposal from the Governor and undercut my former clients, which included a construction-industry-backed group called Virginians for Better Transportation.  Neither shall I oppose it, given that transportation trust funds are also flush with cash.

But I’m happy to advocate for transparency and uniformity.  From the Governor on down to the average motorist, everybody should be aware of and talking about the entire tax imposed — retail, wholesale, and the small adder for the underground fuel tank cleanup fund.  When adjusted up or down – by legislative action or in response to inflation – it should all work together.  Government should not endeavor to mislead you.


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Comments

29 responses to “Only Part of the Gas Tax Would Be Suspended”

  1. Matt Adams Avatar
    Matt Adams

    I can see that impacting the gas stations significantly. If they are still paying the retail tax while the customer is not. Given that those station really don’t make a profit on the sale of gasoline.

    1. Stephen Haner Avatar
      Stephen Haner

      No profit at the retail level? Yes, yes there is. Many issues here, but the impact on the retail outlet is minimal. As they get the gas from the wholesaler, with the tax already built in (it is collected by the distributor) they then adjust the pump price up or down (with an eye on the competition at all times.) Both are really wholesale taxes, that’s what infuriates me. This isn’t like the sales tax, which is collected at the point of sale.

    2. Stephen Haner Avatar
      Stephen Haner

      No profit at the retail level? Yes, yes there is. Many issues here, but the impact on the retail outlet is minimal. As they get the gas from the wholesaler, with the tax already built in (it is collected by the distributor) they then adjust the pump price up or down (with an eye on the competition at all times.) Both are really wholesale taxes, that’s what infuriates me. This isn’t like the sales tax, which is collected at the point of sale.

      1. Matt Adams Avatar
        Matt Adams

        They aren’t making a killing at the pump as most would assume, it’s about 15 cents a gallon. The SOP is using the gas to drawn customers into the store, where the sales of goods provides the profit.

        “with an eye on the competition at all times”

        I agree that is infuriating, that the pump prices all over town typically change at once. However, that is just to wade off from being sued for alleged “illegal outpricing”.

        1. Stephen Haner Avatar
          Stephen Haner

          I didn’t say it was a “killing” but the price usually does include some profit. For many outlets, the gas price is kept low in the expectation folks will also come in for food, smokes, other items (think Wawa and Sheetz.) There is a BJ’s in my area and when I pass that I see a member price which I deem to be pretty close to the rack (wholesale) price.

          1. Matt Adams Avatar
            Matt Adams

            True. I think BJ’s and CostCo operate at the same model. At least BJ’s near us offers those without a membership to fill up but an increased price.

            We also have Royal Farms that you get a discount for a having a rewards card and linking your pay account. Which has been a saving grace when BJ’s and CostCo lines are far too long to sit through.

  2. Nancy Naive Avatar
    Nancy Naive

    The best gouging I ever had was, as just finishing filling my tank, I looked at the pump and noticed the Weights & Measures rejection sticker. Got me for a guesstimated $2.

  3. DJRippert Avatar
    DJRippert

    If the transportation trust funds are flush with cash maybe continuing to improve the transportation system in the state is a better use of that money than funding a tax cut at the pump. Or, heaven forbid, lowering the ridiculous tolls found exclusively in Northern Virginia.

    However, at least Youngkin is doing something other than writing ill-informed, grandstanding letters to oil industry CEOs.

  4. Nancy Naive Avatar
    Nancy Naive

    Hey wait! How about a refund of the HUF? After all, it represents the tax lost to cars that get better than 25.3 MPG.

    1. energyNOW_Fan Avatar
      energyNOW_Fan

      Yes my HUF fee for a 40 MPG RAV4 Hybrid essentially means I am paying probably 50-60 cents a gallon state tax for gasoline, some of which is pre-paid with my registration fee. Maybe I show that in a future article. I wanna rebate. Part of my calc above, I probably only do 50% of my miles in Virginia. So I pay full sate tax in MD and super-state tax in Va. $50 fee we are talking right now and going up each year.

      1. Nancy Naive Avatar
        Nancy Naive

        We should file a lawsuit.

  5. energyNOW_Fan Avatar
    energyNOW_Fan

    As always, keep in mind the API numbers for Va. state tax are average. Those of us in NoVA and Hampton Roads pay a local tax, so we pay more than the average, and vice versa. Probably approx +4 cents in those areas, and substract -4 cents in the other areas. Presumably the local tax will stay in force, but not sure.

    1. Stephen Haner Avatar
      Stephen Haner

      Not”averages.” Those are statewide. The “wholesale” tax was once only in a few regions but it now statewide. I don’t think the separate NOVA “metro tax” exists anymore. No local government is authorized to collect a fuel tax or impose a local sales tax on fuel (thank you Judge Dillon.)

        1. Stephen Haner Avatar
          Stephen Haner

          Nope. The tax is uniform across the state. Once imposed, it is divided into lots of different spending pots, including the same regional funds that existed before.

          1. energyNOW_Fan Avatar
            energyNOW_Fan

            OK Steve I stand corrected. GA has been making changes in the gas tax formula, including the HUF fee, and it sounds like behind the scenes special interests leading the way, without us normal folk understanding the changes until after the changes are made. But I like the idea of the same constant tax around the state. Presumably NoVA still has higher regional sales tax going to transport needs?

        2. Stephen Haner Avatar
          Stephen Haner

          Nope. The tax is uniform across the state. Once imposed, it is divided into lots of different spending pots, including the same regional funds that existed before.

  6. LarrytheG Avatar
    LarrytheG

    For all the back and forth over transparency, how transportation taxes are levied in Virginia in anything but.

    It’s not only the fuel tax, it’s the general sales tax also and people have no idea that the sales tax also funds transportation AND it generates about the same amount!

    And VDOT no longer really cares that much because road projects are no longer decided primarily politically but rather from SmartScale. You cut revenues, you cut SmartScale projects and VDOT no longer has to figure out politically who to ding – Smartscale does it for them.

    https://uploads.disquscdn.com/images/0ac690c6c62f79ff603df917dc0ea6f02ab19c4df72b54f018f59a9f88b845e8.jpg

    http://www.ctb.virginia.gov/resources/2021/june/pres/9_final_syfp,_fy_2022_budgets,_june_2021_ctb_final.pdf

    1. LarrytheG Avatar
      LarrytheG

      One thing that the GA did, with VDOT’s guidance that deserves credit is how they have DIVERSIFIED funding sources over the last few years.

      The trust fund no longer is hostage to one source – like fuel taxes.

      1/4 = fuel tax
      1/4 = general sales tax
      1/4 = sales tax on vehicles
      1/4 = taxes on insurance premiums, HUF, registration fees

      So what Youngkin REALLY is doing is more symolically playing to the anti-taxers more than anything else.

      VDOT itself won’t have to get into political machinations over projects , if you reduce funding, they just reduce SmartScale projects largely on objective criteria which sloughs off the least effective projects first.

      1. Stephen Haner Avatar
        Stephen Haner

        Pretty much what Gov. Baliles did in 1985, that set of revenues. Not new.

        1. LarrytheG Avatar
          LarrytheG

          He did the general sales tax for transportation? HUF? etc?

          I thought the major diversification took place when Aubrey Lane was at VDOT – with help from the GA.

      2. Stephen Haner Avatar
        Stephen Haner

        Pretty much what Gov. Baliles did in 1985, that set of revenues. Not new.

  7. Bubba1855 Avatar
    Bubba1855

    sadly, if we artificially/politically reduce the price of gas then some portion of the population will continue to drive too much. High prices are a means of damping demand…which will ultimately reduce the price.

    1. LarrytheG Avatar
      LarrytheG

      exactly. That’s how supply/demand DOES work.

      It’s the same with inflation. For all the whining – demand for consumer goods, food, fuel, etc is still red hot and largely unabated.

  8. Nancy Naive Avatar
    Nancy Naive

    Something cool to think about. Pump prices are actually set by computers, if not at the station, than remotely by owning companies. Recently, VB hackers adjusted the price down, and stole gas.

    So, imagine in the future, you pull up to the pump, scan your drivers license and *poof* the tax is adjusted down giving Va residents a tax discount and charging out of state drivers more.

  9. Bubba1855 Avatar
    Bubba1855

    I now live in SC…people in SC must be driving less…price of gas has come down 30 cents a gallon in the past 10 days…don’t give gas rebates, it will only encourage others to not adopt good/low mpg driving habits.

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