15 AAC 77.030 - Liability for tax
(a) The person owning the fishery resource at
the moment it is first landed in this state shall file the return and pay the
tax imposed by
AS
43.77.010.
(b) The person owning the fishery resource is
the person with the legal title and the risk of loss at the moment the act of
landing begins in this state. For purposes of this section, and notwithstanding
any contract provision to the contrary, legal title and the risk of loss is in
the person in possession of the fishery resource who harvested or processed the
resource, or a related person or agent in possession that received the fishery
resource from the person who harvested or processed the resource. The person
described in this subsection retains legal title and risks of loss until the
fishery resource is delivered and actual physical possession is transferred to
a third-party buyer unrelated to that person.
(c) The tax imposed under
AS
43.77.010 does not apply to a fishery
resource that becomes subject to tax under AS 43.75. The provisions of AS 43.75
control and take precedence if a fishery resource, or the value of the fishery
resource, are subject to both AS 43.75 and AS 43.77.
(d) The tax imposed under
AS
43.77.010 does not apply to the landing of a
secondary fishery resource product if the secondary product is included in the
round weight of the primary product and the primary product is subject to the
tax under AS 43.77 and this chapter.
(e) The tax imposed under
AS
43.77.010 does not apply if the fishery
resource is first landed in the territorial jurisdiction of another state or
foreign country, as recognized by the United States. A first landing outside
the jurisdiction of a state or foreign country, such as in United States
jurisdictional waters, is not a first landing for purposes of
AS
43.77.010 and does not preclude the tax under
this chapter.
(f) The tax imposed
under AS
43.77.010 applies to a fishery resource that
is first landed in this state without regard to the final destination of a
fishery resource.
Notes
Authority:AS 43.77.010
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