Document Number
84-122
Tax Type
Intangible Personal Property Tax
Description
Repurchase agreements
Topic
Exemptions
Date Issued
07-31-1984


  • July 31, 1984


    Re: § 58-1118 Application
    Capital Not Otherwise Taxed
    For the Years 1980, 1981 and 1982


    Dear ***********

    This ruling is issued in response to your application under § 58-1118,Code of Virginia, and additional information submitted.

    FACTS

    Taxpayer contends that repurchase agreements are not includible as a part of taxable capital. In audit, the Department included the value of the repurchase agreements in other taxable property. In protest, Taxpayer takes the position that repurchase agreements should be treated as money and excluded from taxable capital.

    DETERMINATION

    Taxpayer submitted evidence which substantiated that the specific repurchase agreements included in taxable capital are the equivalent of cash on deposit within the purview of Commonwealth v. Stringfellow, 173 Va. 204, 4 S.E.2d 357 (1939). Capital of ***** subject to tax on capital not otherwise taxed will accordingly be adjusted and assessments will be revised to reflect the adjustment. The revised assessments will be due and payable upon receipt.

    Sincerely,



    W. H. Forst
    State Tax Commissioner

Rulings of the Tax Commissioner

Last Updated 08/25/2014 16:46