Tax Type
Retail Sales and Use Tax
Description
Nonprofit creating stable environment for homeless men
Topic
Exemptions
Date Issued
08-29-1990
August 29, 1990
Re: Request for Ruling
Dear ****
This will reply to your letter of July 16, 1990 seeking a ruling whether your organization qualifies for exemption from the sales and use tax.
FACTS
***** (the "Taxpayer"), a nonprofit organization exempt from income taxation under §501(c)(3) of the Internal Revenue Code, was founded to create a stable environment for homeless men who are trying to reorder their lives. The Taxpayer is seeking an exemption from the sales and use tax for its purchases of tangible personal property.
RULING
There is no general exemption from the Virginia retail sales and use tax for nonprofit organizations. The only exemptions from the tax are set out in Virginia Code §58.1-608. Absent a statutory exemption that would allow the Taxpayer to make purchases exempt of the tax, the department has no authority to grant such an exemption.
Based on the limited information provided by the Taxpayer, I am unable to conclude that the Taxpayer qualifies for exemption from the sales and use tax. However, I would note that Virginia Code §58.1-608(8)(1) does provide an exemption from the sales and use tax for:
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Tangible personal property purchased for use or consumption by a shelter for homeless individuals operated by an organization exempt from taxation pursuant to §501(c)(3) of the Internal Revenue Code, or tangible personal property purchased for use or consumption by a §501(c)(3) organization that is organized exclusively for the purpose of providing food, shelter, clothing or other items to homeless persons in the Commonwealth.
If you have additional questions, please contact the department.
Sincerely,
W. H. Forst
Tax Commissioner
Rulings of the Tax Commissioner