Tax Type
General Provisions
Description
Legislative summary 1995
Topic
Reports
Date Issued
07-31-1995
INTRODUCTION
The Legislative Summary is published by the Department of Taxation (TAX) as a convenient reference guide to state and local tax legislation enacted by the 1995 Session of the General Assembly. It includes a general description of enacted legislation affecting:
- State taxes administered by TAX, and
- Local taxes which TAX administers or on which TAX renders advisory assistance.
The Summary also includes legislative studies in which TAX will be directly involved or acting in a technical support role. However, in general, legislation granting property tax exemptions, creating special taxing jurisdictions or affecting taxes administered by other state agencies is not included in the Summary.
The Summary is intended to provide a synopsis of enacted legislation and is for information purposes only. The Summary is not a substitute for the actual state law, local ordinances, and TAX regulations. Additional information on new legislation affecting state taxes may be obtained from TAX at the following telephone numbers:
Individual Income Tax (804) 367-8031
Corporation Income Tax (804) 367-8036
Sales and Use Tax (804) 367-8037
Withholding Tax (804) 367-8038
Voice/TDD (804) 367-8329
Additional information on new local tax legislation should be obtained from your local Commissioner of Revenue or Treasurer.
Virginia Department of Taxation
June 1995
STATE TAX
LEGISLATION
INCOME TAX
INCOME TAX
Corporations
Foreign Sales Corporations
House Bill 2397 (Chapter 472) exempts foreign sales corporations (FSC) and any income properly attributable to the FSC under federal law. An FSC is an export subsidy program under federal law which allows an exporter to establish an FSC in a foreign country and either split export profits with the FSC or pay the FSC a commission on exports. The profits or commissions paid to the FSC do not have to reflect the amount actually earned by the FSC under arm's length pricing rules normally applicable to transactions between affiliated corporations. This bill would prohibit the department from reassigning profits or commissions paid to an FSC back to the corporation that actually earned the income.
Effective Date: July 1, 1995, but applicable to taxable years beginning on and after January 1, 1996
Code Section Amended: § 58.1-401
Minimum Tax on Telecommunications Companies
Senate Bill 1002 (Chapter 507) expands the definition of telecommunication companies and telephone companies subject to the minimum tax on gross receipts. Corporations providing the new form of enhanced mobile cellular communications termed "personal communications services" (PCS) will now be subject to the minimum tax.
Effective Date: July 1, 1995
Code Sections Amended: §§ 58.1-400.1 and 58.1-2600
Contracts with Commercial Printers - Expanded
Senate Bill 1005 (Chapter 422) ensures that an out-of state corporation will not be subjected to Virginia's income tax solely because it contracts with a Virginia commercial printer for printing. Provided that the corporation is not otherwise subject to corporate income tax, certain activities at the Virginia commercial printer's location by or on behalf of the corporation will not subject the corporation to Virginia income tax. The activities specified in the bill are:
< The ownership or leasing of tangible personal property located at the printer's premises which is used solely in connection with the printing contract;
< The sale by the corporation at another location of any property that is printed at and shipped or distributed from the printer's premises;
< Any activities in connection with the printing contract performed by or on behalf of that corporation at the printer's premises; and
< Any activities in connection with the printing contract performed by the printer on behalf of the corporation.
The exemption is limited to property (e.g., printing plates, copyrights, printed material, etc.) and activities (e.g., quality control monitoring) that are directly related to the printing contract. Sales activity by the corporation at the commercial printer is not exempt because it may closely resemble a sales office.
Effective Date: July 1, 1995
Code Section Amended: § 58.1-401
Credits and Deductions
Recycling Tax Credit
House Bill 1463 (Chapter 202) extends the sunset provision of the tax credit for purchases of machinery and equipment used for processing recyclable materials for one year. The credit was scheduled to expire for taxable years beginning on or after January 1, 1996. The bill extends the credit through taxable years beginning before January 1, 1997; however, the credit will only be available for machinery or equipment purchased before July 1, 1996.
Effective Date: July 1, 1995
Code Section Amended: Reenacts Chapter 709 of the 1990 Acts of Assembly, as amended by Chapter 585 of the 1993 Acts of Assembly.
Major Business Facility Job Tax Credit - Expansion
Credit for Clean Fuel Vehicle Jobs - New
House Bill 1546 (Chapter 365) makes two amendments to the Major Business Facility Job Tax Credit. First, the bill eliminates the $1 million limitation on the maximum amount of credit which a taxpayer may cumulatively earn. Second, the period during which unused credits may be carried over is increased from 5 to 10 years.
The bill also creates a new corporate income tax credit for the creation of full-time clean fuel vehicle jobs. To be eligible for the credit, the job must be created in either: the manufacture of components for vehicles designed to operate on a clean fuel; the manufacture of components used to convert vehicles designed to operate on gasoline or diesel fuel to operate on clean fuel; the conversion of vehicles designed to operate on gasoline or diesel fuel to operate on clean fuel; or, the manufacture of vehicles designed to operate on clean fuel. Full-time employment for the purposes of this credit means at least 40 hours per week during at least 40 weeks of a calendar year.
The credit for each job created will be $700 in the year the job is created and in each of the two succeeding years that the job is continued, for a maximum "per job" credit of $2,100. If the amount of the credit exceeds the taxpayer's tax liability in a given year, the unused credit may be carried forward for up to 5 years until the credit is exhausted.
To qualify, a taxpayer must demonstrate that:
< A qualifying full-time job was created in Virginia in the year the credit was claimed, or was continued from the previous year in which the credit was claimed.
< The employment level in qualifying full-time jobs has increased in the taxable year the credit was initially claimed in comparison to the previous taxable year.
The clean-fuel vehicle credit will not be allowed for jobs for which the taxpayer claims the Major Business Facility Job Tax Credit.
Effective Date: July 1, 1995; The clean fuel vehicle job credit is effective for taxable years beginning on and after January 1, 1996 through December 31, 2006.
Code Section Amended: § 58.1-439
Code Section Added: § 58.1-439.1
Coal Employment Enhancement Credits - New
Qualifying Steam Producers Tax Credit - New
Coal Cogeneration Credit - Extension
House Bill 2575 (Chapter 775) establishes new tax credits for Virginia producers of coal and coal methane gas and extends the sunset date of the Coal Cogeneration Credit. In addition, this bill creates the Qualifying Steam Producers Tax Credit.
Coal Employment Enhancement Credits
Coal producers may begin earning these credits in taxable years beginning on or after January 1, 1996, but may not begin utilizing these credits until January 1, 1999 and the credits will expire on January 1, 2001. These credits are contingent upon general fund revenue collections exceeding the official estimate of general fund revenue by at least the cost of the credits.
Virginia coal producers may claim one of two tax credits, depending on the method of mining the coal as follows:
< A tax credit which would vary according to the seam thickness mined. The credit would be equal to $0.60 per ton for seam thickness of less than 33 inches and $0.50 per ton for seam thickness greater than or equal to 33 inches.
< A tax credit of $0.25 per ton for coal mined by surface mining methods.
Virginia coal methane gas producers may claim a credit of $0.01 per million BTUs of gas produced.
Any unused credits may be redeemed by a taxpayer with the Tax Commissioner. If the Tax Commissioner declines redemption, the taxpayer may transfer the credits by sale.
Qualifying Steam Producers Tax Credit
The bill also provides steam producers with a credit of $3 per ton for purchases of coal mined in Virginia. A "steam producer" is defined as a corporation that sells steam energy to a manufacturing company in the Commonwealth or uses steam to produce manufactured goods.
This credit will be available for coal purchases made between January 1, 1996 and January 1, 2001. Steam producers may claim this credit for taxable years beginning in 1996. The credit would be limited to the corporate income tax liability of a steam producer in a given year and unused credits could be carried forward for five successive years.
Coal Cogeneration Credit
Lastly, the bill extends the sunset date of the Coal Cogeneration Credit until December 31, 2005. This credit allows corporations which qualify as "cogenerators" or "small power producers" under federal law to claim a credit for purchases of Virginia coal if the cogenerator sells electric power to a public service corporation in Virginia. This credit was set to expire December 31, 1996.
Studies
The coal credits are the subject of two studies, one by the Center for Public Service of the University of Virginia, the other by the Virginia Coal and Energy Commission. As a result of these studies, the credit statutes may be amended further by the 1996 General Assembly.
Effective Date: July 1, 1995; The coal employment enhancement and the qualifying steam producers tax credits are effective for taxable years beginning on and after January 1, 1996 through January 1, 2001. The coal cogeneration credit will expire on December 31, 2005.
Code Sections Amended: §§ 58.1-433, 58.1-439.1 and 58.1-439.2
Clean-fuel Vehicle Credit - Extension
Senate Bill 656 (Chapter 100) allows the credit for clean-fuel vehicles and certain refueling property allowed by § 58.1-438.1 to offset gross receipts taxes paid by Public Service Corporations (telephone, telegraph, water, heat, light, power and pipeline companies). Prior to this bill the only "utilities" able to claim the credit were telecommunications companies which pay the corporate income tax.
Effective Date: Taxable years beginning on and after January 1, 1995.
Code Section Amended: § 58.1-438.1
Foreign Source Income - New Subtraction
House Bill 2249 (Chapter 602) amends the definition of foreign source income, to include foreign branch income of an S corporation which is included in federal adjusted gross income. This act impacts only S corporations; thus, it has no application to C corporations, partnerships, sole proprietors, or other entities.
In order to qualify, foreign activities must meet the definition of a "Qualified Business Unit," as defined by I.R.C. § 989. In accordance with federal law and regulations, only those branches which constitute a clearly identified unit of a trade or business which maintains separate books and records qualify.
This bill is effective for taxable years beginning on and after January 1, 1994. However, the reduction in tax liability as a result of this bill for 1994 and 1995 taxable years must be claimed as a credit on 1996 and 1997 tax returns, respectively.
Effective Date: Taxable years beginning on and after January 1, 1994.
Code Section Amended: § 58.1-302
Enterprise Zone Credits and Exemptions
Senate Bill 761 (Chapter 792) doubles the maximum number of enterprise zones from 25 to 50, adds a new enterprise zone tax credit for real property investment and creates a new enterprise zone grant for new job creation. This bill also changes the eligibility requirements to receive enterprise zone benefits, thereby making it possible for more business firms to participate, but limits the benefits to new activity.
This bill also eliminates the existing enterprise zone sales tax exemption for companies which first become eligible for benefits on or after July 1, 1995.
The real property investment tax credit is equal to 30% of the cost of qualified improvements to real property located within a zone, limited to $125,000 per project. However, in the event that a qualified zone resident makes a total investment in "qualified zone investments" in excess of $100 million and such investment results in the creation of at least 200 permanent full-time positions, an alternative credit equal to 5% of such investments (with no cap) will be available in lieu of the 30% real property investment credit. Qualified zone investments include qualifying real property improvements and the cost of machinery, tools, and equipment placed in service after July 1, 1995 and used in manufacturing tangible personal property within a zone. This alternative credit is nonrefundable, but may be carried over indefinitely until used.
The maximum amount of general business and real property investment credits which the Department of Housing and Community Development may grant to firms which qualify for credits after July 1, 1995 is limited to $5 million per year. The maximum amount of credits which may be granted to firms which make qualified zone investments in excess of $100 million and create at least 200 jobs is limited to $3 million per year.
The enterprise zone job grant is based upon incremental employment created within an enterprise zone. Business firms which increase jobs for permanent, full-time employees within an enterprise zone will be eligible for grants if the increase in such positions exceeds 110% of base year employment (the "threshold"). The grant is based on the number of jobs which exceed the threshold amount. The grant is equal to $1,000 for each eligible position filled by a zone resident, $500 for other eligible positions, and may be earned in each of the first three years of eligibility (i.e. total grants over 3 years may equal $3,000 for positions filled by zone residents, $1,500 for other eligible positions). In no event may a business firm receive a grant in excess of $100,000 for any grant year.
Effective Date: The real property investment tax credit will be effective for taxable years beginning on or after July 1, 1995. The effective date for other changes to the enterprise zone program is July 1, 1995.
Code Sections Amended: §§ 5 9.1-271, 59.1-273, 59.1-274, 59.1-279, 59.1-280, 59.1-282, 59.1-283 and 59.1-284
Code Sections Added: §§ 5 9.1-280.1, 59.1-280.2, 59.1-282.1, 59.1-282.2, 59.1-282.3 and 59.1-284.01; Reenacts the second enactment clause of Chapter 301 of the 1992 Acts of Assembly
Individuals
Neighborhood Assistance Act Credit - Expansion
Senate Bill 1106 (Chapter 279) expands the definition of firms and organizations eligible to receive a Neighborhood Assistance Tax Credit to include licensed physicians and dentists providing health care services without charge within the scope of their licensure to impoverished areas or for impoverished people. When a clinic is organized for such purposes the credit may be assigned to the physician or dentist and claimed on their Virginia individual income tax returns, or on the corporate returns of professional corporations engaged in the practice of medicine or dentistry.
Effective Date: Taxable years beginning on and after January 1, 1995.
Code Section Amended: § 63.1-324
Federal Retirees - Extension of Period for Filing Claims
House Bill 1564 (Chapter 203) and Senate Bill 831 (Chapter 185) allow certain federal retirees who were precluded from participation in the federal retiree settlement program to settle their claims for disputed refunds. Included are retirees who, due to circumstances beyond their control, (1) missed either the November 1, 1994 or the February 1, 1995 deadline, or (2) filed incomplete claims prior to November 1, 1994. These retirees shall be offered the same amount as those who timely filed a claim under the original plan. The initial payment will be made on July 31, 1995, and the remaining payments made each March 31 through 1999.
Effective Date: March 14, 1995
Code Section Amended: None
Federal Retiree Settlement Act - Reauthorization
House Bill 2091 (Chapter 47) reauthorizes the Federal Retiree Settlement Act which was enacted in July 1994. The Act, which created the retiree settlement program, contained a provision that nullified the settlement if retirees with claims totaling at least $20 million opted out of the settlement. Since the value of the opt-outs' claims surpassed $20 million, this Act simply allowed the settlement to continue. Additionally, this bill created a litigation reserve fund to be used in the event that retirees who opt-out are successful with the ongoing Harper litigation.
Effective Date: February 28, 1995
Code Section Amended: None
RETAIL SALES & USE TAX
Resale Exemption Restriction for Antiques - Repealed
House Bill 1455 (Chapter 200) repeals the law which would prohibit Virginia dealers from accepting a resale exemption certificate from the purchaser of tangible personal property which is more than 50 years old unless the purchaser is registered to remit tax to the Commonwealth.
Accordingly, Virginia dealers may continue to accept resale exemption certificates for tangible personal property more than 50 years old from out-of-state purchasers with an out-of-state sales and use tax registration number.
Effective Date: July 1, 1995
Code Section Repealed: § 58.1-602.1
Certified Pollution Control Equipment
House Bill 1512 (Chapter 719) and Senate Bill 721 (Chapter 101) provide an exemption for pollution control equipment as defined in Code of Virginia § 58.1-3660 and certified by the Department of Mines, Minerals and Energy (DMME) for coal, oil and gas production. Under current law, the only certifying authorities authorized to certify pollution control equipment are the State Water Control Board and the State Air Pollution Control Board (both part of the Department of Environmental Quality (DEQ)). However, DEQ does not have jurisdiction or regulatory coverage with respect to oil and gas well sites. This bill authorizes DMME, which has a regulatory program for water quality with respect to gas and oil wells, to act as a certifying agency in determining what constitutes certified pollution control equipment exempt from the sales and use tax.
Effective Date: Retroactive to July 1, 1994 through June 30, 1996
Code Section Amended: § 58.1-609.3
Broadcasting Equipment
House Bill 1512 (Chapter 719) extends the current exemption for broadcasting equipment and parts and accessories used or to be used by commercial radio and television companies, cable television systems, or concerns which are under the regulation and supervision of the Federal Communications Commission to common carriers or video programmers using a video dialtone platform/system.
Effective Date: July 1, 1995
Code Section Amended: § 58.1-609.6
Audiovisual Tapes, Production Services, Equipment
House Bill 1512 (Chapter 719) and Senate Bill 721 (Chapter 101) provide exemptions for:
(1) The sale, rental, and lease of films, audio or video tapes, or other audiovisual works intended for licensure, distribution, broadcast, commercial exhibition, or for use in the production of another audiovisual work.
(2) All creative works and services used in connection with the production of any portion of an audiovisual work intended for distribution, broadcast, commercial exhibition, or for use in the production of another work.
(3) Charges for production facilities in those situations where a tangible product is transferred.
(4) Equipment and parts and accessories, used in the production of audiovisual works intended for distribution, broadcast, other commercial exhibition, or for use in the production of another work.
The Department of Taxation is currently working with the Virginia Production Services Association and the Virginia Film Office to develop additional guidance on the application of this new exemption.
Effective Date: July 1, 1995 through June 30, 1997
Code Section Amended: § 58.1-609.6
Food Purchased by Churches
House Bill 1459 (Chapter 617) and House Bill 1512 (Chapter 719) clarify that purchases of food by churches for distribution as gifts outside the public church building are exempt from the sales and use tax. This codifies current department policy.
Effective Date: July 1, 1995
Code Section Amended: § 58.1-609.8(2)
Construction of Improvements for Affordable Units
House Bill 1512 provides an exemption for tangible personal property purchased for use in the construction of improvements for affordable rental dwelling units for the elderly. The items used in the construction project will qualify for the exemption if:
< At least part of the funds for site development and construction are provided by an organization exempt from taxation under § 501(c)(3) of the Internal Revenue Code (IRC); and
< The amount of funds which would otherwise have to be provided by the tax exempt organization is reduced by the amount of the sales and use tax exemption.
Rental units are considered to be affordable if the rent charged meets the criteria of the Federal Low Income Housing Tax Credit Program. This bill exempts all purchases of tangible personal property used in the construction of improvements if, among other things, a portion of the funds for site development and construction are provided by a § 501(c)(3) organization.
Effective Date: July 1, 1995 through June 30, 1999
Code Section Amended: § 58.1-609.10
Property Donated to Natural Disaster Victims
House Bill 1512 provides an exemption for tangible personal property donated or sold for distribution to individuals in the United States who have been victims of a natural disaster. The disaster must be declared a disaster for federal aid purposes by the President of the United States in order for the donated property to qualify for the exemption.
Current law exempts from the tax tangible personal property withdrawn from a manufacturing, resale or other inventory and donated to (i) an organization exempt from taxation under IRC § 501(c)(3) or (ii) the Commonwealth, its political subdivisions or agencies. Prior to passage of this bill, property withdrawn from inventory and donated to victims of natural disasters was subject to the tax.
Effective Date: July 1, 1995 through June 30, 1999
Code Section Amended: § 58.1-609.10
Copies of Medical Records
House Bill 1512 provides an exemption for purchases of copies of medical records by an attorney or a law firm for use in case preparation.
Under current law, service providers, such as attorneys, physicians, etc., are deemed to be the users and consumers of all tangible personal property used in providing their services. The cost of the tangible property, and the tax thereon, generally is taken into consideration in setting their fees.
Effective Date: July 1, 1995 through June 30, 1999
Code Section Amended: § 58.1-609.10
Back Copies of Publications
Senate Bill 721 (Chapter 101) provides an exemption for sales of back copies by publishers or their agents (printers who contract with publishers to manage stocks of back copies). The exemption is limited in scope in that sales of back copies by newsstands and others would remain taxable.
Effective Date: July 1, 1995 through June 30, 1997
Code Section Amended: § 58.1-609.6
Prescription Medicines and Drugs
Senate Bill 721 (Chapter 101) clarifies that the current exemption for medicines and drugs dispensed by certain practitioners on prescription orders is applicable to prescriptions issued by licensed nurse practitioners and licensed physicians' assistants. In 1991, the General Assembly passed legislation granting licensed nurse practitioners limited prescriptive authority. In 1992, similar prescriptive authority was granted to licensed physicians' assistants. This bill extends the current exemption to those two groups.
Effective Date: July 1, 1995
Code Section Amended: § 58.1-609.7(1)
Medicaid
House Bill 1403 (Chapter 715) provides an exemption for medical products and supplies such as bandages, gauze dressings, incontinence products and wound care products, when purchased by a Medicaid recipient through a Department of Medical Assistance Services (DMAS) provider agreement.
Effective Date: April 6, 1995
Code Section Amended: § 58.1-609.7(17)
Airline Exemption - Expansion
House Bill 1608 (Chapter 204) redefines "scheduled air service" under the aircraft sales and use tax (see page 24) and expands the qualification requirements for the retail sales and use tax exemption for airlines, requiring that such airlines provide service to Virginia airports at least one day per week, as opposed to five days per week under current law, in order to qualify for the exemption.
Effective Date: Retroactive to January 1, 1994
Code Sections Amended: §§ 58.1-609.3(6), § 58.1-1501 and § 58.1-1505
Mail Order Companies
House Bill 2034 (Chapter 385) exempts from the use tax purchases from out-of-state mail order companies totaling $100 or less during any calendar year.
Currently, TAX does not require individuals to file use tax returns if their total purchases upon which no Virginia sales tax was paid is $25 or less. This bill increases the threshold filing amount by $75 and extends the filing threshold to businesses.
Virginia residents who make purchases from out-of-state mail order companies totaling more than $100 during any calendar year must pay use tax on the total purchase amount; there is no exemption for the first $100 in purchases.
Effective Date: July 1, 1995
Code Section Amended: § 58.1-604
Third Party Gift Transactions
House Bill 2286 (Chapter 96) provides an exemption for third party gift transactions in which a nonresident, by mail or telephone purchase order, directs a Virginia business to deliver the personal property as a gift to another nonresident. Gifts delivered to Virginia residents at the direction of out-of-state purchasers and gifts purchased by Virginia residents for delivery to out-of-state recipients will remain taxable.
Effective Date: July 1, 1995
Code Section Amended: § 58.1-602
Printing Exemption - New
Senate Bill 648 (Chapter 171) provides an exemption for sales of printing to a Virginia advertising agency for distribution out-of-state. It also exempts newspaper supplements for placement in instate and out-of-state publications. Prior to this law change, printing for use out-of-state, as well as newspaper advertising supplements, were normally exempt from the tax, but were taxable to advertising agencies under a specific provision of law.
Legislation was enacted in 1994 which extended the printing exemption for out-of-state advertising agency purchases from Virginia printers. However, Virginia advertising agencies remained taxable on their purchases.
Effective Date: July 1, 1995 through June 30, 1997
Code Section Amended: § 58.1-609.6(4)
Printing - Nexus
Senate Bill 1007 (Chapter 276) ensures that an out-of-state person who contracts with a commercial printer in Virginia will not be subject to sales tax registration and collection requirements solely because of their contractual relationship with the printer. It specifies four activities by such a person that are not to be considered in determining whether the person is required to register as a dealer for sales tax purposes. These activities include: (1) owning or leasing property at the printer's premises which is used solely in connection with the printing contract with that person; (2) the sale of property printed at and shipped from the printer's premises; (3) activities in connection with the printing contract with the person performed by or on behalf of that person at the printer's premises; and (4) activities in connection with the printing contract with the person performed by the printer elsewhere in Virginia for or on behalf of that person.
However, if that person conducts other activities on its own accord, for example operating a warehouse or office, sending sales representatives into the state to solicit sales, advertising in newspapers or other periodicals printed and published within Virginia, etc., this bill will have no bearing on its tax registration and collection requirements.
Effective Date: July 1, 1995
Code Section Amended: § 58.1-612
Lynchburg Organization Providing Free Meals - New
House Bill 117 (Chapter 712) provides an exemption for purchases by nonprofit organizations located in Lynchburg which provide no more than one meal a day to the needy at no cost.
Effective Date: July 1, 1995 through June 30, 1998
Code Section Amended: § 58.1-609.8
Affected Organization: The Lynchburg Daily Bread
Illiteracy Group - Expansion
House Bill 154 (Chapter 102) exempts from the sales and use tax tangible personal property purchased for use or consumption by nonprofit organizations organized exclusively to combat illiteracy within the Roanoke Valley area.
Currently, an exemption exists for illiteracy groups located in the metro Richmond area. This bill expands the current exemption.
Effective Date: July 1, 1995 through June 30, 1996
Code Section Amended: § 58.1-609.4(15ii)
Affected Organization: Literacy Volunteers of America - Roanoke Valley
Various Nonprofit and Miscellaneous Organizations - New
Exemptions from the retail sales and use tax were created for various nonprofit organizations by House Bill 1459 (Chapter 617) and Senate Bill 704 (Chapter 786). The exemptions apply to several nonprofit organizations, generally exempt from taxation under § 501(c)(3) of the Internal Revenue Code and established for a specific purpose. The exemptions are designated by type and category. The known affected organizations, Code sections amended, and the bill providing the exemption are noted in parenthesis. Senate Bill 704 also created exemptions from the aircraft sales and use tax, motor and special fuels taxes, and the motor vehicle sales and use tax.
Exemption for Purchases For Use or Consumption
Governmental and Commodities (effective July 1, 1995 through June 30, 2000):
< Any community diversion program established in accordance with the provisions of the Community Diversion Incentive Act set forth in Article 2 (§ 53.1-180 et seq.) of Chapter 5 of Title 53.1. (All community diversion programs; § 58.1-609.1; HB 1459)
Educational (effective July 1, 1995 through June 30, 1996):
< An organization that raises funds for grant aid to any state, county or municipal library open to the public within the Commonwealth. (Loudoun Library Foundation; § 58.1-609.4; HB 1459)
< An organization that provides educational and recreational services for at-risk youth. (An Achievable Dream Inc.; § 58.1-609.4; HB 1459)
< An organization that provides specialized information and referral services, education programs and advocacy on behalf of deaf and hard-of-hearing persons. (Northern Virginia Resource Center for the Deaf and Hard of Hearing; § 58.1-609.4; HB 1459)
< An organization that promotes highway safety through research, education and communication. (The Insurance Institute for Highway Safety; § 58.1-609.4; HB 1459)
Medical (effective July 1, 1995 through June 30, 1998):
< An organization that provides a comprehensive network of medical and psycho-social treatment to adults, on both an inpatient and outpatient basis, or to adolescent patients in a residential setting within the Fifteenth Planning District. (Human Resources, Inc. and Youth Transitions, Inc.;
§ 58.1-609.7; SB 704)
< An organization that operates a medical clinic free of charge or at discounted rates and educates and provides information to the general public regarding the treatment and prevention of those conditions which commonly affect the poor. (Arlington Community Health Assoc. Inc.;
§ 58.1-609.7; HB 1459)
< An organization that provides medical and psychological evaluations and direct therapeutic and rehabilitative medical and psychological treatment and services to child abuse victims. (Child Abuse Center, Inc.; § 58.1-609.7; HB 1459)
< An organization that provides charitable, long-distance, advanced life-support, air ambulance services for low-income medical patients in Virginia. This exemption only applies to equipment and supplies under HB 1459. SB 704 also establishes exemptions from the aircraft sales and use tax and the motor fuels and special fuels taxes effective July 1, 1995. (Mercy Medical Airlift; §§ 58.1-609.7, 58.1-1505(iv), 58.1-2106B, and 58.1-2118; HB 1459 and SB 704)
Civic and Community Services (effective July 1, 1995 through June 30, 1998):
< An organization that sells donated clothing, accessories, and children's toys for the purpose of providing child-care scholarships for needy families. (School House Thrift Shop; § 58.1-609.8; HB 1459)
< An organization that provides aid and assistance to any person age sixteen to sixty-five who has life-controlling problems with drugs, alcohol, or crime through prevention, intervention, and in-house treatment and care. (Youth Challenge Inc.; § 58.1-609.8; HB 1459)
< An organization that improves the community through public works, fund raisers, and donations to other community groups. (New Kent Ruritan Club; § 58.1-609.8; HB 1459)
< An organization that provides services to families including professional counseling, home care aid, treatment for domestic violence, and casework services for older adults. (Family Service of Roanoke Valley; § 58.1-609.8; HB 1459)
< An organization that assists families in crisis by providing a variety of social services such as individual and family counseling, family life education, and financial assistance and legal aid. (Family and Children's Service of Richmond; § 58.1-609.8; HB 1459)
< An organization that preserves, strengthens and promotes healthy family life, to prevent individual and family breakdown, and to address other human service needs. (Jewish Family Services Inc.; § 58.1-609.8; HB 1459)
< An organization that solves problems created by homelessness, substance abuse, dysfunctional families and cultural diversity through family and multicultural counseling, neighborhood development, college intern training, special foster care and housing services. (Northern Virginia Family Services; § 58.1-609.8; HB 1459)
< An organization that provides year-round sports training and athletic competition in a variety of Olympic-type sports for mentally retarded persons in Virginia, age five and older, at no cost to the athlete (exemption also applies to lodging and meals for paid staff). (Virginia Special Olympics; § 58.1-609.8; HB 1459)
< An organization that fosters, sponsors and promotes sportsmanship, recreation, and health through athletic programs and contests for youths in Virginia. (Youth Athletic Organizations; § 58.1-609.8; HB 1459)
< An organization that provides disabled individuals with support services relating to technology designed to maximize their potential to function independently in their environment. (Tidewater Center for Technology Access; § 58.1-609.8; HB 1459)
< An organization that provides court-appointed volunteers to act as independent and impartial advocates for abused and neglected children involved in court proceedings. (Fairfax Court-Appointed Special Advocates; § 58.1-609.8; HB 1459)
< An organization that provides emergency food and supplies for a limited period of time to needy recipients. (Hopewell Food Pantry; § 58.1-609.8; HB 1459)
< An organization that provides monetary distributions to other nonprofit organizations through charitable, religious, educational, and scientific means. (United Way of Hopewell; § 58.1-609.8; HB 1459)
< An organization that provides a unique one-to-one relationship for at-risk children, ages five through eighteen, living in single-parent homes, by matching them with adult volunteers who provide them with support, guidance, and friendship while addressing their social, emotional, and academic needs. (Big Brothers and Big Sisters; § 58.1-609.8; HB 1459 and SB 704)
< An organization that provides educational and training services, assistance, and support to elementary and secondary educational institutions, using the methods now in common use by parents and teachers organizations throughout Virginia. (Virginia Congress of Parents and Teachers; § 58.1-609.8; HB 1459)
< An organization that promotes athletic programs, clinics, and organized sporting events and to provide opportunities for education, physical education, and the practice of sportsmanship through these programs to improve the quality of life for residents of Virginia who are dependant on the use of wheelchairs for mobility. (Mid-Atlantic Wheelchair Athletic Assoc.; § 58.1-609.8; HB 1459)
< An organization that provides independent living skills training, peer counseling, advocacy, and information and referral to people with severe physical and mental disabilities. (Blue Ridge Independent Living Center; § 58.1-609.8; HB 1459)
< An organization that provides independent living services to individuals with disabilities through direct services to such persons and community awareness programs. (Endependence Living Center; § 58.1-609.8; HB 1459)
< An organization that provides a nondenominational religious outreach program by lending or donating written material and audio or video tapes, at no cost. (Hands for Christ; § 58.1-609.8; HB 1459)
< An organization that promotes character development and citizenship training for youth by providing a supervised physical education program through softball teams and leagues. (Cave Spring Softball League; § 58.1-609.8; HB 1459)
< An organization that provides needy individuals with financial assistance for rent and mortgage payments, utilities payments, medical bills, and some home repair. (The Samaritan Group Inc.; § 58.1-609.8; HB 1459)
< An organization that repairs or rehabilitates homes owned and occupied by low-income persons who could not otherwise afford to finance the rehabilitation or repair of their homes. (The Gloucester Housing Partnership; § 58.1-609.8; HB 1459)
< An organization that provides funding for the benefit of various charities. (Quarterback Club Charities; § 58.1-609.8; HB 1459)
< An organization that provides assistance to individuals suffering from multiple sclerosis in Virginia and to their families, and for research relating
to the prevention and treatment of multiple sclerosis. (Multiple Sclerosis Societies of VA; § 58.1-609.8; HB 1459 and SB 704)
< An organization that advocates, plans, and develops programs and services within the Third Planning District that helps persons with disabilities reach their maximum level of personal independence by performing various functions and activities. (Appalachian Independence Center, Inc.; § 58.1-609.8; SB 704)
< An organization that provides a voice in court for abused and neglected children through volunteer court-appointed special advocates. (Greater Prince William Court-Appointed Special Advocates; § 58.1-609.8; HB 1459 and SB 704)
< An organization that operates and maintains a summer recreational camp and related facilities for use by the mentally handicapped within the Eleventh Planning District (exemption for food and other tangible personal property). (Camp Virginia Jaycees, Inc.; § 58.1-609.8; SB 704)
< An organization that provides counseling, education, and support services on a community-wide basis to help solve family and personal problems within the Eleventh Planning District. (Family Services of Central Virginia; § 58.1-609.8; SB 704)
< An organization that constructs, develops, acquires, renovates, manages, maintains, and operates low income housing for persons of limited financial means, qualified housing for mentally and physically disabled persons, and qualified housing for elderly persons within the Eighth Planning District. (Christian Relief Services of Virginia; § 58.1-609.8; SB 704)
< An organization that conducts annual fund-raising campaigns for the direct benefit of nonprofit member agencies within the Seventh Planning District. (United Way of Northern Shenandoah Valley; § 58.1-609.8; SB 704)
< An organization that provides rehabilitation services, training, employment, referral services, and opportunities to disabled and disadvantaged individuals within the Twentieth Planning District, and provides to communities in the area consultation services as to the rights of the disabled and disadvantaged. (Goodwill Industries of Hampton Roads, Inc.; § 58.1-609.8; SB 704)
< An organization that provides low-to-moderate income working families within the Twentieth Planning District with quality care for children through the sponsorship of various services, early childhood centers, food programs, and child-care referral programs. (Places and Programs for Children, Inc.; § 58.1-609.8; SB 704)
< An organization that supports, through a volunteer staff, community action activities, including housing and fuel assistance, job counseling, youth service opportunities, and other charitable activities within the Eighth Planning District. (Lorton Community Action Center; § 58.1-609.8; SB 704)
< An organization that provides counseling for individuals and families within the Twenty-first Planning District, including group counseling, family life education programs and workshops, consumer credit counseling, and employee assistance, but excluding problems related to chronic mental illness. (Peninsula Family Service, Inc.; § 58.1-609.8; SB 704)
< An organization that develops and operates permanent housing and to provides supportive residential mental health services for homeless persons and other adult persons with serious and persistent mental illnesses, in accordance with § 231 of the National Housing Act, as amended, within the Eighth Planning District. (Pathway Homes, Inc.;§ 58.1-609.8; SB 704)
< An organization that cares, supports, and strengthens children and families by providing certain services and programs, including, but not limited to, special education, individual and family counseling, conflict mediation, prenatal counseling, adoptive placements, post-adoption services, in-home services, and residential treatment, within the Fifteenth Planning District. (United Methodist Family Services of Virginia; § 58.1-609.8; SB 704)
< An organization that distributes food, clothing, medicines, and other necessities of life to, and provides shelter for, needy persons in the United States and throughout the world. SB 704 also establishes exemptions from the aircraft sales and use tax and the motor vehicle sales and use tax effective July 1, 1995. (Operation Blessing International Relief & Development Corporation; §§ 58.1-609.8, 58.1-1505(v), and 58.1-2403; SB 704)
Cultural (effective July 1, 1995 through June 30, 1999):
< An organization that coordinates and promotes art in the Shenandoah Valley. (ShenanArts; § 58.1-609.9; HB 1459)
< An organization that promotes the best interests and welfare of the Jewish community and enriching and furthering an appreciation of the spiritual, cultural, and ethical heritages and values of the Jewish faith within the community. (United Jewish Federation of Tidewater, Inc.; § 58.1-609.9; HB 1459)
< An organization that commemorates the adoption of Virginia's Statute for Religious Freedom. (Council for America's 1st Freedom; § 58.1-609.9; HB 1459)
< An organization that produces contemporary American and English theater by professional artists from throughout the country for the education and entertainment of Virginians. (Wayside Foundation for the Arts; § 58.1-609.9; HB 1459)
< An organization that promotes interest and scholarship in the field of genealogy. (National Genealogical Society; § 58.1-609.9; HB 1459)
< An organization that presents a summer musical production for the education and entertainment of Virginians. (Summer Musical Enterprise; § 58.1-609.9; HB 1459)
< An organization that promotes the best interests and welfare of the Jewish community and enriches and furthers an appreciation of the spiritual, cultural, and ethical heritages and values of the Jewish faith within the Eighth Planning District. (Jewish Community Center of Northern Virginia, Inc.; § 58.1-609.9; SB 704)
< An organization that holds, manages, preserves, and exhibits the estate and home of a former president of the United States; operates a related library; and provides educational programs for students and teachers (must also be exempt from local property taxes). (Mount Vernon Ladies' Association; § 58.1-609.9; SB 704)
Miscellaneous (effective July 1, 1995 through June 30, 1999):
< An organization that promotes efficiency and fairness in the offer and sale of securities for the benefit of investors, securities issuers, and the general public, by providing for electronic communication, filing, processing, dissemination and review of securities registration materials, and by serving as a database for securities law information filed with regulators having primary and immediate authority to administer the regulation of the commerce of securities. (Securities Registration Depository, Inc.; § 58.1-609.10; HB 1459)
Purchases for Use or Consumption or Further Distribution or Sale
< An organization that prepares students for careers in various agricultural areas and provides opportunities on the national, state, and local levels to improve students' leadership abilities and test their agricultural skills. (Future Farmers of America; § 58.1-609.8; HB 1459 and SB 704)
Purchases and Sales
< An organization that restores, cultivates and enhances wilderness lands and wildlife habitats within Virginia and educates and fosters good relations between all citizens regarding the restoration of damaged lands. (American Environment Foundation; § 58.1-609.8; SB 704)
Sales Only
< An organization that provides food packages at a reduced price through host organizations (i.e., churches, community centers, senior centers, and Headstart programs) to individuals who agree to perform community service. (SHARE - Virginia, Mid-Atlantic and DC Metro affiliates; § 58.1-609.8; HB 1459 and SB 704)
< An organization that provides food, food products, and services sold to residents under a Department of Housing and Urban Development-approved meal plan in accordance with the Department of Housing and Urban Development Section 8 programs. (The Lewinsville; § 58.1-609.8; HB 1459)
MISCELLANEOUS TAXES
Aircraft Sales and Use Tax
Amended Definition of "Scheduled Air Service"
House Bill 1608 (Chapter 204) amends the aircraft sales and use tax definition of "scheduled air service" to conform to U.S. Department of Transportation and Federal Aviation Administration guidelines. Under Title IV of the Federal Aviation Act, Subtitle VII of Title 49, United States Code, "scheduled service" is defined as transport service operated over routes pursuant to published flight schedules or pursuant to mail contracts with the U.S. Postal Service. Currently, an air carrier must provide service to Virginia airports at least five days per week in order to qualify for exemption from the tax on purchases of aircraft. This bill removes the five day criterion and allows the exemption to apply to sales of aircraft to airlines which provide scheduled air service of any type based on the federal definition.
Effective Date: Retroactive to January 1, 1994
Code Sections Amended: §§ 58.1-1501 and 58.1-1505
Medical Airlift Exemption - New
House Bill 1609 (Chapter 723) and Senate Bill 704 (Chapter 786) provide an exemption from the aircraft sales and use tax for a nonprofit charitable organization exempt from taxation under § 501(c)(3) of the Internal Revenue Code organized exclusively to provide long distance, advanced life support, air ambulance services for indigent medical patients.
Effective Date: July 1, 1995
Code Section Amended: §§ 58.1-1505
Exemption for Organization Providing Assistance to the Needy - New
Senate Bill 704 (Chapter 786) also establishes an exemption from the aircraft sales and use tax for a nonprofit organization organized primarily for distributing food, clothing, medicines, and other necessities of life to, and providing shelter for, needy persons in the United States and throughout the world.
Effective Date: July 1, 1995
Code Section Amended: § 58.1-1505
Bank Franchise Tax
Interstate Branch Banking
House Bill 1753 (Chapter 301) allows Virginia to "opt-in" to interstate branch banking as authorized by federal legislation. It also amends the definition of "bank" for bank franchise purposes to recognize that an out-of-state bank with a branch in Virginia will be subject to the same tax as Virginia banks.
Effective Date: July 1, 1995
Code Section Amended: § 58.1-1201
Motor Fuel and Special Fuel Tax
Medical Airlift Exemption - New
House Bill 1609 (Chapter 723) and Senate Bill 704 (Chapter 786) exempt from the motor fuel and special fuel taxes a nonprofit charitable organization exempt from taxation under § 501(c)(3) of the Internal Revenue Code organized exclusively to provide long distance, advanced life support, air ambulance services for indigent medical patients. The exemption applies to motor fuel and aviation fuel for use in the aviation activities by the exempt organization.
Effective Date: July 1, 1995
Code Section Amended: §§ 58.1-2106(B) and 58.1-2118(4)
Motor Vehicle Sales and Use Tax
Exemption for Organization Providing Assistance to the Needy - New
Senate Bill 704 (Chapter 786) also provides an exemption from the motor vehicle sales and use tax for a nonprofit organization organized primarily for distributing food, clothing, medicines, and other necessities of life to, and providing shelter for, needy persons in the United States and throughout the world.
Effective Date: July 1, 1995
Code Section Amended: § 58.1-2403
Peanut Excise Tax
Rate Increase
House Bill 1448 (Chapter 160) increases the peanut excise tax on all peanuts grown and sold in Virginia for processing from 10 cents per 100 pounds to 15 cents per 100 pounds. Peanut excise tax revenue is deposited into the Peanut Fund administered by the Virginia Peanut Board and is used to plan and conduct campaigns for education, advertising, publicity, sales promotion and research of Virginia peanuts.
Effective Date: July 1, 1995
Code Section Amended: § 3.1-657
Recordation Tax
Exemption for Deeds of Gifts - Expansion
House Bill 1792 (Chapter 301) expands the existing exemption for deeds of gift. The limitation to deeds of gift between individuals is deleted, thus exempting gifts to or from individuals, organizations, trusts, corporations, and other entities. The conveyance must still be a true gift to qualify for the exemption. In other words, there must be no consideration, past, present, or future, between the deeding parties or parties otherwise involved in the transaction.
Effective Date: July 1, 1995
Code Section Amended: § 58.1-811
Exemption for Deeds of Conveyance - Expansion
House Bill 2494 (Chapter 127) expands the existing exemption for deeds conveying property to the trustee of a revocable, inter vivos trust when the grantor and beneficiary are the same person. Under existing law the grantors and beneficiaries had to be identical; even additional beneficiaries with only contingent and future interests would disqualify the deed from the exemption. While the exemption, as amended, would allow conveyances via trust to beneficiaries in addition to the grantors, the trust must be a revocable inter vivos trust and the conveyance must be without consideration between the parties. Since a trust cannot be revoked without the consent of the beneficiaries when there was any consideration for the conveyance, the exemption applies only to gifts or transfers intended to take effect upon the death of the grantor.
Effective Date: July 1, 1995
Code Section Amended: § 58.1-811
Sheep Tax
New
House Bill 2516 (Chapter 691) imposes a $0.50 per head fee on the sale of sheep and lambs in Virginia beginning July 1, 1995. The revenue will be used to pay for a referendum of sheep producers and wool producers as to whether the fee should be imposed on a permanent basis. If the referendum passes a Virginia Sheep Industry Board will be created to use the revenue for predator control and other activities supporting the sheep industry. The Board will have the authority to increase the tax by no more than $0.10 per year, up to a maximum of $1.00 per head.
Effective Date: July 1, 1995
Code Section Amended: § 2.1-1.6
Code Sections Added: §§ 3.1-1065 through 3.1-1080
TAX COLLECTION & ADMINISTRATION
Virginia Medical Savings Account Act
House Bill 2337 (Chapter 689) and Senate Bill 1035 (Chapter 650) require the Department of Taxation to develop legislation to implement medical savings accounts in the event that Congress enacts federal legislation authorizing them.
Effective Date: July 1, 1995, but contingent upon Congressional action
Code Section Amended: New Act
LOCAL TAX
LEGISLATION
GENERAL PROVISIONS
Secrecy of Information
House Bill 1423 (Chapter 38) allows the Commissioner of the Revenue, upon request, to disclose the name and address of taxpayers licensed to do business under a fictitious name.
Effective Date: July 1, 1995
Code Section Amended: § 58.1-3
TANGIBLE PERSONAL PROPERTY TAX
Local Tangible Personal Property - Filing Requirements
House Bill 1630 (Chapter 29) allows Commissioners of the Revenue to administratively exempt taxpayers from filing tangible personal property tax returns if the property subject to tax is not of sufficient value to generate a tax assessment.
Effective Date: July 1, 1995
Code Section Amended: § 58.1-3518
Situs of Motor Vehicle by Student Attending College
House Bill 1990 (Chapter 449) provides that when the owner of a motor vehicle is a full-time student attending an institution of higher education, the situs for assessment and for local motor vehicle licensing will be the domicile of the student, provided that the student has presented sufficient evidence that he has paid a personal property tax on the motor vehicle in his domicile.
Effective Date: July 1, 1995
Code Section Amended: § 58.1-3511
Proration of Personal Property Tax - City of Winchester
House Bill 2332 (Chapter 469) and Senate Bill 661 (Chapter 131) accelerate the due date of the Winchester personal property tax when property (1) loses situs or (2) is sold. The tax would be due on the last day of the month following the change or transfer.
The provisions of this bill affect only those persons subject to tangible personal property tax in the City of Winchester. Current law, applicable only to Winchester, provides that payment for such taxes is due on the last day of the 12th month after property subject to this tax has acquired a situs within the city. In other localities that prorate the tax, the due date for such property falls on or after December 15 of each year.
Effective Date: July 1, 1995
Code Section Amended: § 58.1-3516.1
Special Classification for Tangible Personal Property Tax - Motor Carrier Transportation Property
Senate Bill 898 (Chapter 142) provides a special classification of tangible personal property for motor vehicles and motor carrier transportation property owned or used by a motor carrier. It also mandates that this property be taxed at a rate no higher than the locality taxes machinery and tools.
Effective Date: July 1, 1995
Code Section Amended: § 58.1-3506
REAL ESTATE TAX
Boards of Equalization - Counties with County Executive Government
House Bill 1442 (Chapter 24) provides the number of individuals that may serve on the Board of Equalization in counties operating under the county executive form of government may not be less than three nor more than the number of electoral districts for the election of members of the Board of Supervisors in the county.
This bill affects only the counties of Albemarle and Prince William. Currently, the number of individuals that may serve on any Board of Equalization may not be less than three nor more than five.
Effective Date: July 1, 1995
Code Sections Amended: §§ 58.1-3371, 58.1-3373, 58.1-3374
Partial Exemption for Rehabilitated Real Property
House Bill 2341 (Chapter 673) reduces the requirements under which rehabilitated residential and commercial and industrial property may qualify for partial exemption by local ordinance. This bill will increase the number of buildings that may qualify for partial exemptions at the option of the locality. For residential property 1) the age requirement is reduced from 25 to 15 years, 2) the amount of the partial exemption may be an amount equal to a percentage of the increase in assessed value rather than the entire increase as currently provided, and 3) the period during which the exemption may run is increased from ten to fifteen years. For commercial and industrial property 1) the age requirement is reduced from twenty-five to twenty years, and 2) the period during which the exemption may run is increased from ten to fifteen years.
Effective Date: July 1, 1995
Code Sections Amended: §§ 58.1-3220 and 58.1-3221
Form of Local Land Book
Senate Bill 914 (Chapter 679) provides that all land books must contain the name and address of every owner of real property in the jurisdiction. Also, if land is owned by more than one person, the land book shall contain the name and address of at least one of the owners.
Effective Date: July 1, 1995
Code Section Amended: § 58.1-3301
Procedure for Applying Proceeds from the Sale of Real Property to Unpaid Taxes
Senate Bill 929 (Chapter 143) provides that the Commissioner of the Revenue may require an independent appraisal in the event that the cost per acre of a purchased parcel is less than the assessed value per acre of the entire tract, or less than the fair market value. In such event, the proceeds from the purchase of the parcel will be applied to the payment of taxes on the entire parcel in accordance with the relationship that the greater of 1) the appraised value of the purchased parcel or 2) the purchase price bears to the most recent assessed value of the entire tract.
Effective Date: July 1, 1995
Code Section Amended: § 58.1-3340
TAX EXEMPT PROPERTY
Pollution Control
House Bill 2085 (Chapter 229) authorizes the Department of Mines, Minerals and Energy, to act as a certifying authority in determining what constitutes exempt pollution control equipment used in the coal and gas industries. The bill also authorizes the Virginia Waste Management Board to act as certifying authority with respect to pollution control equipment used at waste disposal facilities.
Effective Date: July 1, 1995
Code Section Amended: § 58.1-3660
Triennial Application Required to Maintain Tax Exempt Status
House Bill 2611 (Chapter 346) permits local governing bodies to require that entities owning tax exempt real and tangible personal property file a triennial application with the appropriate assessing officer as a condition of maintaining tax exempt status. The governing body can request for the General Assembly to remove certain of these entities from its tax exempt list by submitting legislation in the same manner as current law requires a request to grant tax exempt status.
Current law requires a biennial application for owners of tax exempt real property only. This bill includes owners of tax exempt personal property, but amends the application filing date to every three years instead of every two.
Effective Date: July 1, 1995
Code Sections Amended: §§ 30-19.1:2, 58.1-3605 and 58.1-3650
MISCELLANEOUS TAXES
Admissions Tax
Culpeper County
House Bill 1457 (Chapter 201) authorizes any county with a population from 27,500 to 28,250 (currently only Culpeper County) to impose an admissions tax for attendance at any event. Culpeper County will join the counties of Fairfax, Arlington, Dinwiddie, Prince George and Roanoke (by charter) as counties authorized to levy an admissions tax. The tax may not exceed ten percent of admission charges for attendance to an event.
Effective Date: July 1, 1995
Code Section Amended: § 58.1-3818
Coal and Gas Road Improvement Tax
Extension of Sunset Provision
House Bill 2266 (Chapter 635) and Senate Bill 966 (Chapter 614) extend the sunset provision on the coal and gas road improvement tax for 7 years. This law permits counties and cities to levy a special severance tax on coal and gas producers for the purpose of establishing a fund dedicated to coal and gas road improvement. Revenue must be used to improve roads used in the transportation of coal in certain cities and counties. This tax was enacted in 1979 and would otherwise have expired on December 31, 1995.
Effective Date: July 1, 1995
Code Section Amended: Reenacts the second enactment clause, as amended by Chapter 393 of the 1991 Acts of Assembly, of Chapter 646 of the 1978 Acts of Assembly.
Allocation of Revenues - Buchanan County
House Bill 2576 (Chapter 587) allows the Buchanan County Board of Supervisors to enter into an agreement with McDowell County, West Virginia whereby coal and gas road improvement tax revenues may be used to improve Route 83-8 in West Virginia.
Effective Date: July 1, 1995
Code Section Amended: New Act
Local Technology Zone
City of Manassas
House Bill 2312 (Chapter 397) allows a city that has a population of 25,000 to 30,000 (only the City of Manassas) to designate one technology zone of up to 125 acres. The city may grant tax incentives for up to 10 years and provide certain regulatory flexibility that is binding on the city governing body for up to 10 years. The technology zone does not preclude the area from also being designated as an enterprise zone.
Effective Date: July 1, 1995
Code Section Added: § 58.1-3850
Consumer Utility Tax
Exemption for Residents of Nursing Homes - New
House Bill 1861 (Chapter 301) allows the local governing body to exempt residents of nursing homes from the special tax on telephone service dedicated to funding enhanced emergency telephone service (E-911).
Effective Date: July 1, 1995
Code Section Amended: § 58.1-3813
Town Tax
House Bill 2617 (Chapter 590) and Senate Bill 1120 (Chapter 553) provide that a town tax on the consumers of telephone, heat, light, power, and water utility services continues to be in lieu of a county tax on such services after the county takes over the town water and sewer services.
Effective Date: July 1, 1995
Code Sections Amended: § 58.1-3812 and § 58.1-3814
Video Programming Excise Tax
Imposition by Localities
House Bill 2115 (Chapter 751) allows localities to impose a tax on the gross receipts of companies that sell video programming to end-use subscribers located within Virginia, or that provide end-use subscribers with access to video programming, that is not otherwise subject to local fees or taxes.
The bill is designed to tax the sale of video programming such as a video dialtone service, which delivers such service via telephone lines or means other than direct to home satellite transmission. The bill will not apply to online, interactive information services to the extent access to such services is accomplished via a dial-up or private telephone line, or to transmissions delivered directly to end-user subscribers through a satellite master antenna television system.
The person subject to the tax may elect to pass the tax through to consumers as a separate, itemized line charge on the subscriber's bill.
The locality may impose the tax by adopting a local ordinance, which would be effective on the first day of a month at least 90 days after its adoption. The tax is imposed on gross receipts charged or received from the sales of video programming, or the sales of access to a video network, directly to consumers with a service address in the local jurisdiction.
The maximum rate of tax allowed is 5%. Companies providing video programming or access to video programming engaging in commercial activity in the Commonwealth, employing capital in the Commonwealth, owning, leasing, or utilizing property or maintaining an office in the Commonwealth, or having employees in the Commonwealth for all or part of a year would be subject to the tax. Any county tax imposed under the bill will not apply within the limits of any incorporated town located within such county if the town also imposes a tax under this bill.
Effective Date: July 1, 1995; No locality may impose the tax sooner than the first day of a month at least 90 days after such ordinance is adopted by the locality.
Code Sections Amended: §§ 58.1-2662.1 and 58.1-2690
Code Sections Added: §§ 58.1-3818.1 through 58.1-3818.7
TAX COLLECTION AND ADMINISTRATION
Willful Failure to Collect and Account for Local Trust Taxes
House Bill 1503 (Chapter 557) makes it a Class 1 misdemeanor for a corporate or partnership officer or other person to willfully fail to collect or truthfully account for and pay over local admission, transient occupancy, food and beverage, or cigarette taxes administered by the Commissioner of the Revenue or other authorized officer. These taxes are collected and held in "trust" for the local government. As provided in Code of Virginia § 18.2-11, a Class 1 misdemeanor is punishable by, "[c]onfinement in jail for not more than twelve months and a fine of not more than $2,500, either or both."
Effective Date: July 1, 1995
Code Section Added: § 58.1-3907
Authorize Treasurer to Approve Refunds
House Bill 1694 (Chapter 108) allows the governing body of a county, city or town to authorize the treasurer to approve and issue any refund not exceeding $2,500 that results from an erroneous assessment.
Effective Date: July 1, 1995
Code Section Amended: § 58.1-3981
Statute of Limitations - Expanded
House Bill 1940 (Chapter 45) allows local tax officials and taxpayers to extend the period for assessing additional tax, thus eliminating the need for an assessment based on estimate or incomplete information, which must later be corrected. The bill also extends the period for correcting erroneous assessments of tangible personal property to match the period in which the locality may collect the assessment. If an assessment for tangible personal property tax has been collected by an involuntary payment (such as through a lien on a bank account or an income tax refund), then the taxpayer has at least one year after the involuntary payment to seek correction of an erroneous assessment. This bill was a recommendation of the Department of Taxation as described in House Document No. 38 (1994).
Effective Date: July 1, 1995
Code Section Amended: § 58.1-3980
Code Section Added: § 58.1-3903.1
Duties of Treasurer and Assessments of Personal Property
House Bill 2229 (Chapter 239) (1) eliminates the provision in current law that requires that the Department of Taxation approve the tax tickets used by Treasurers; (2) requires the Treasurer to create an annual list of previously billed taxes amounting to less than five dollars each; (3) relieves Treasurers from collecting taxes ordered discharged and uncollectible under federal bankruptcy law; and (4) adds a statute declaring that no assessment of property, other than real property, will be invalid because of error, omission or irregularity unless a taxpayer's rights have been prejudiced.
Effective Date: July 1, 1995
Code Section Amended: §§ 58.1-3914 and 58.1-3924
Code Section Added: § 58.1-3961
Penalties and Interest
Subject to reenactment by the 1996 General Assembly, House Bill 2270 (Chapter 764) authorizes the local governing body to permit its Treasurer to waive penalty and interest for good cause. The reason for the waiver must be documented and preserved by the Treasurer.
Code Section Amended: § 58.1-3916
Interest Accrual - Correction of Erroneous Assessments
House Bill 2291 (Chapter 395) ensures that interest continues to accrue while an application for correction of an erroneous assessment is pending. At the conclusion of the administrative proceeding, the locality may bill the taxpayer for accrued interest on the unpaid balance of an assessment that has been upheld, or pay interest on a refund of a paid assessment found to be erroneous.
Effective Date: July 1, 1995
Code Section Amended: § 58.1-3916
Agreement to Pay Delinquent Real Property Tax
Senate Bill 913 (Chapter 547) provides that an owner of real estate may enter into a written agreement to pay all accumulated taxes, penalties, interests and costs in the form of an installment note which may be recorded as a lien on the property by the locality.
Effective Date: July 1, 1995
Code Section Amended: § 58.1-3965
LEGISLATIVE
STUDIES
LEGISLATIVE STUDIES
The following is a list of 1995 tax-related legislative studies.
< HJR 487: The Commission on State & Local Government Responsibility & Taxing Authority will examine and make recommendations concerning: (1) the service responsibilities of local, regional, and state governments; (2) the availability of revenue resources such as taxes, fees, and debt structures to governments to support their respective responsibilities while minimizing burdens on taxpayers; (3) a timetable and framework for implementing changes in service responsibilities and revenue resources; (4) uniform and equitable administrative procedures for local and regional taxes regarding audits and reviews, collection practices, taxpayer litigation, communications with taxpayers, and the feasibility of the codification of a uniform ordinance; (5) the identification and examination of all taxes and fees; (6) the equity of each tax and fee assessed; (7) the changes needed in the tax structure relative to Virginia's changing economy; and (8) possible alternatives for the replacement or consolidation of taxes and fees. TAX and other agencies will provide technical assistance to the Commission.
< HJR 533: TAX will study and examine Virginia's tax forms, procedures and reporting requirements to determine how to streamline and simplify processes and reduce the compliance costs to both the taxpayer and Virginia.
< HJR 613: This resolution continues the joint subcommittee study of BPOL tax begun two years ago. The study's focus is to examine existing local revenue resources, the economic impact that eliminating the BPOL tax would have on localities, and the development of a plan for eliminating over time the tax without imposing financial hardship on the local governments from the lost revenue.
< HJR 614: The Commission on Equity in Public Education will study Virginia's use of local real property tax to fund public elementary and secondary education and the disparity in quality among school districts. The Commission is directed to review the Michigan Public School Finance Reform Program in which residents in a statewide referendum voted to reduce their property tax and increase the sales and use tax, along with other changes to restructure and equalize the financing of public elementary and secondary education. The Commission was also requested to determine whether the Michigan Program or any part of the program would be of assistance to Virginia in reducing real property tax burdens and school finance reform.
< HJR 616 and SJR 369: A joint subcommittee has been directed to study: (1) incentives offered by Virginia to attract and retain businesses; (2) the role of the Virginia Economic Development Partnership; and alternative incentives to better utilize existing resources and new incentives.
< SJR 366: A joint subcommittee will study the taxation of motor carrier equipment in Virginia. The subcommittee was requested to make recommendations regarding uniform assessment and rating and a cost effective method of taxing motor carriers. The study should also include recommendations on apportionment based on the number of miles driven in Virginia, simplified record keeping and reporting requirements, and clear criteria for determining the taxable situs of vehicles.
INDEX -- BY BILL NUMBER
Bill No. Chapter Subject Matter Page
HB 117 712 Lynchburg Organization Providing Free Meals - New 14
HB 154 102 Illiteracy Group - Expanded 14
HB 1403 715 Medicaid 12
HB 1423 38 Secrecy of Information 29
HB 1442 24 Boards of Equalization - Counties with County Executive
Government 32
HB 1448 160 Peanut Excise Tax - Rate Increase 25
HB 1455 200 Resale Exemption Restriction for Antiques - Repealed 9
HB 1457 201 Admissions Tax - Culpeper County 35
HB 1459 617 Various Nonprofit Retail Sales Exemptions 10,15
HB 1463 202 Recycling Tax Credit 3
HB 1503 557 Willful Failure to Collect and Account for Local Trust Taxes. 38
HB 1512 719 Various Retail Sales Exemptions 9,10,
11
HB 1546 365 Major Business Facility Job Tax Credit - Expanded/Credit for
Clean Fuel Vehicle Jobs - New 3
HB 1564 203 Federal Retirees - Extension of Period for Filing Claims 8
HB 1608 204 Retail Sales Exemption for Aircraft - Expanded 12,23
HB 1609 723 Aircraft Sales and Use Tax - New Exemption/Motor Fuel
and Special Fuel Tax - New Exemption 23,24
HB 1630 29 Local Tangible Personal Property - Filing Requirements 30
HB 1694 108 Authorize Treasurer to Approve Refunds 38
HB 1753 301 Interstate Branch Banking 24
HB 1792 301 Exemption for Deeds of Gifts - Expanded 25
HB 1861 301 Exemption for Residents of Nursing Homes - New 36
HB 1940 45 Statute of Limitations - Expanded 38
HB 1990 449 Situs of Motor Vehicle by Student Attending College 30
HB 2034 385 Mail Order Companies 12
HB 2085 229 Pollution Control 34
HB 2091 47 Federal Retiree Settlement Act - Extended 18
HB 2115 751 Video Programming Excise Tax - Imposition by Localities 36
HB 2229 239 Duties of Treasurer and Assessments of Personal Property 38
HB 2249 602 Foreign Source Income - New Subtraction 6
HB 2266 635 Coal and Gas Road Improvement Tax - Extension of Sunset 35
HB 2286 96 Third Party Gift Transactions 13
HB 2270 764 Penalties and Interest 39
HB 2291 395 Interest Accrual - Correction of Erroneous Assessments 39
HB 2312 397 Local Technology Zone - City of Manassas 36
HB 2332 469 Proration of Personal Property Tax - City of Winchester 30
HB 2337 689 Virginia Medical Savings Account Act 27
HB 2341 673 Partial Exemption for Rehabilitated Real Property Tax 32
HB 2397 472 Foreign Sales Corporations 2
HB 2494 127 Exemption for Deeds of Conveyance - Expanded 25
HB 2516 691 Sheep Tax - New 26
HB 2575 775 Coal Employment Enhancement Credits - New 4
HB 2576 587 Allocation of Revenues - Buchanan County 35
HB 2611 346 Triennial Application Required to Maintain Tax
Exempt Status 34
HB 2617 590 Town Tax 36
HJR 487 - Commission on State & Local Government Responsibility &
Taxing Authority 41
HJR 533 - Tax Forms Revision Study 41
HJR 613 - BPOL Study 41
HJR 614 - Commission on Equity in Public Education 41
HJR 616 - Economic Development Incentives 42
SB 648 171 Retail Sales Exemption for Printing - New 13
SB 656 100 Clean-Fuel Vehicle Credit - Extended 6
SB 661 131 Proration of Personal Property Tax - City of Winchester 30
SB 704 786 Retail Sales/Aircraft Sales and Use Tax/Motor Fuel and
Special Fuel Taxes/Motor Vehicle Sales Tax Exemptions 15,23,
24
SB 721 101 Various Retail Sales Exemptions 10,11,
12
SB 761 792 Enterprise Zone Credits and Exemptions 6
SB 831 185 Federal Retirees - Extension of Period for Filing Claims 8
SB 898 142 Special Classification for Tangible Personal Property Tax -
Motor Carrier Transportation Property 31
SB 913 547 Agreement to Pay Delinquent Real Property Tax 39
SB 914 679 Form of Local Land Book 32
SB 929 143 Procedure for Applying Proceeds from the Sale of
Real Property to Unpaid Taxes 33
SB 966 614 Coal and Gas Road Improvement Tax - Extension of Sunset 35
SB 1002 507 Minimum Tax on Telecommunications Companies 2
SB 1005 422 Contracts with Commercial Printers - Expanded 2
SB 1007 276 Retail Sales Exemption for Printing - Nexus 13
SB 1106 279 Neighborhood Assistance Act Credit - Expanded 8
SB 1120 553 Town Tax 36
SJR 366 - Taxation of Motor Carrier Equipment 42
SJR 369 - Economic Development Incentives 42
INDEX -- BY CODE SECTION
Va. Code § Bill No. Subject Matter Page
2.1-1-6 HB 2516 Sheep Tax - New 26
3.1-657 HB 1448 Peanut Excise Tax - Rate Increase 25
3.1-1065 -
3.1-1080 HB 2516 Sheep Tax - New 26
30-19.1:2 HB 2611 Triennial Application Required to Maintain Tax
Exempt Status 34
58.1-3 HB 1423 Secrecy of Information 29
58.1-302 HB 2249 Foreign Source Income - New Subtraction 6
58.1-400.1 SB 1002 Minimum Tax on Telecommunications Companies 2
58.1-401 HB 2397 Foreign Sales Corporations 2
58.1-401 SB 1005 Contracts with Commercial Printers - Expanded 2
58.1-433 HB 2575 Coal Employment Enhancement Credits 4
58.1-438.1 SB 656 Clean-Fuel Vehicle Credit - Extended 6
58.1-439 HB 1546 Major Business Facility Job Tax Credit - Expanded/
Credit for Clean Fuel Vehicle Jobs - New 3
58.1-439.1 HB 1546 Major Business Facility Job Tax Credit - Expanded/
Credit for Clean Fuel Vehicle Jobs - New 3
58.1-439.1 HB 2575 Coal Employment Enhancement Credits 4
58.1-439.2 HB 2575 Coal Employment Enhancement Credits 4
58.1-602 HB 2286 Third Party Gift Transactions 13
58.1-602.1 HB 1455 Resale Exemption Restriction for Antiques
Repealed 9
58.1-604 HB 2034 Mail Order Companies 12
58.1-609 HB 1459 Various Nonprofit Retail Sales Exemptions - New 10,15
58.1-609 SB 704 Various Nonprofit Retail Sales Exemptions - New 15
58.1-609 HB 1512 Various Retail Sales Exemptions - New 9,10,
11
58.1-609 SB 721 Various Nonprofit Retail Sales Exemptions - New 9,10,
11,12
58.1-609.3(6) HB 1608 Retail Sales Exemption for Aircraft - Expanded 12,23
58.1-609.4
(15ii) HB 154 Illiteracy Group - Expanded 14
58.1-609.6(4) SB 648 Retail Sales Exemption for Printing - New 13
58.1-609.7
(17) HB 1403 Medicaid 12
58.1-609.8 HB 117 Lynchburg Organization Providing Free Meals - New 14
58.1-612 SB 1007 Retail Sales Exemption for Printing - Nexus 13
58.1-811 HB 1792 Exemption for Deeds of Gifts - Expanded 25
58.1-811 HB 2494 Exemption for Deeds of Conveyance - Expanded 25
58.1-1201 HB 1753 Interstate Branch Banking 24
58.1-1501 HB 1608 Aircraft Sales and Use Tax - Redefined 12,23
58.1-1505 HB 1608 Aircraft Sales and Use Tax Exemptions - Expanded 21,23
58.1-1505 HB 1609 Aircraft Sales and Use Tax Exemptions - Expanded 23,24
58.1-1505 SB 704 Aircraft Sales and Use Tax Exemptions - Expanded 23
58.1-2106 SB 704 Motor Fuel/Special Fuel Tax Exemptions - New 24
58.1-2106(B) HB 1609 Motor Fuel/Special Fuel Tax Exemptions - New 24
58.1-2118 SB 704 Motor Fuel/Special Fuel Tax Exemptions
Expanded 24
58.1-2118(4) HB 1609 Motor Fuel/Special Fuel Tax Exemptions
Expanded 24
58.1-2403 SB 704 Motor Vehicle Sales and Use Tax 24
58.1-2600 SB 1002 Minimum Tax on Telecommunications Companies 2
58.1-2662.1 HB 2115 Video Programming Excise Tax
Imposition by Localities 36
58.1-2690 HB 2115 Video Programming Excise Tax
Imposition by Localities 36
58.1-3220 HB 2341 Partial Exemption for Rehabilitated Real Property Tax 32
58.1-3221 HB 2341 Partial Exemption for Rehabilitated Real Property Tax 32
58.1-3301 SB 914 Form of Local Land Book 32
58.1-3340 SB 929 Procedure for Applying Proceeds from the Sale
of Real Property to Unpaid Taxes 33
58.1-3371 HB 1442 Boards of Equalization - Counties with County
Executive Government 32
58.1 3373 HB 1442 Boards of Equalization - Counties with County
Executive Government 32
58.1-3374 HB 1442 Boards of Equalization - Counties with County
Executive Government 32
58.1-3506 SB 898 Special Classification for Tangible Personal Property
Tax - Motor Carrier Transportation Property 31
58.1-3511 HB 1990 Situs of Motor Vehicle by Student Attending College 30
58.1-3516.1 HB 2332 Proration of Personal Property Tax -
City of Winchester 30
58.1-3516.1 SB 661 Proration of Personal Property Tax -
City of Winchester 30
58.1-3518 HB 1630 Local Tangible Personal Property -
Filing Requirements 30
58.1-3605 HB 2611 Triennial Application Required to Maintain Tax
Exempt Status 34
58.1-3650 HB 2611 Triennial Application Required to Maintain Tax
Exempt Status 34
58.1-3660 HB 2085 Pollution Control 34
58.1-3812 HB 2617 Town Tax 36
58.1-3812 SB 1120 Town Tax 36
58.1-3813 HB 1861 Exemption for Residents of Nursing Homes - New 36
58.1-3814 HB 2617 Town Tax 36
58.1-3814 SB 1120 Town Tax 36
58.1-3818 HB 1457 Admissions Tax - Culpeper County 35
58.1-3818.1 -
58.1-3818.7 HB 2115 Video Programming Excise Tax
Imposition by Localities 36
58.1-3850 HB 2312 Local Technology Zone - City of Manassas 36
58.1-3903.1 HB 1940 Statute of Limitations - Expanded 38
58.1-3907 HB 1503 Willful Failure to Collect and Account for Local
Trust Taxes 38
58.1-3914 HB 2229 Duties of Treasurer and Assessments of
Personal Property 38
58.1-3916 HB 2270 Penalties and Interest 39
58.1-3916 HB 2291 Interest Accrual - Correction of Erroneous
Assessments 39
58.1-3924 HB 2229 Duties of Treasurer and Assessments of
Personal Property 38
58.1-3961 HB 2229 Duties of Treasurer and Assessments of
Personal Property 38
58.1-3965 SB 913 Agreement to Pay Delinquent Real Property Tax 39
58.1-3980 HB 1940 Statute of Limitations - Expanded 38
58.1-3981 HB 1694 Authorize Treasurer to Approve Refunds 38
59.1-271 SB 761 Enterprise Zone Credits and Exemptions 6
59.1-273 SB 761 Enterprise Zone Credits and Exemptions 6
59.1-274 SB 761 Enterprise Zone Credits and Exemptions 6
59.1-279 SB 761 Enterprise Zone Credits and Exemptions 6
59.1-280 SB 761 Enterprise Zone Credits and Exemptions 6
59.1-282 SB 761 Enterprise Zone Credits and Exemptions 6
59.1-282.2 SB 761 Enterprise Zone Credits and Exemptions 6
59.1-282.3 SB 761 Enterprise Zone Credits and Exemptions 6
59.1-283 SB 761 Enterprise Zone Credits and Exemptions 6
59.1-284 SB 761 Enterprise Zone Credits and Exemption 6
59.1-284.01 SB 761 Enterprise Zone Credits and Exemptions 6
63.1-324 SB 1106 Neighborhood Assistance Act Credit - Expanded 8
TABLE OF CONTENTS
Subject Page
STATE TAX LEGISLATION 1
INCOME TAX 3
Corporations
Foreign Sales Corporations 2
Minimum Tax on Telecommunications Companies 2
Contracts with Commercial Printers - Expanded 2
Recycling Tax Credit 3
Major Business Facility Job Tax Credit - Expanded 3
Credit for Clean Fuel Vehicle Jobs - New 3
Coal Employment Enhancement Credits - New 4
Qualifying Steam Producers Tax Credit - New 4
Coal Cogeneration Credit - Extended 4
Clean-fuel Vehicle Credit - Extended 6
Foreign Source Income - New Subtraction 6
Enterprise Zone Credits and Exemptions 6
Individuals
Neighborhood Assistance Act Credit - Expanded 8
Federal Retirees - Extension of Period for Filing Claims 8
Federal Retiree Settlement Act - Extended 8
RETAIL SALES AND USE TAX 9
Resale Exemption Restriction for Antiques - Repealed 9
Certified Pollution Control Equipment 9
Broadcasting Equipment 9
Audiovisual Tapes, Production Services, Equipment 10
Food Purchased by Churches 10
Construction of Improvements for Affordable Units 10
Property Donated to Natural Disaster Victims 11
Copies of Medical Records 11
Back Copies of Publications 11
Prescription Medicines and Drugs 12
Lynchburg Organizations Providing Free Meals - New 14
Illiteracy Group - Expanded 14
Medicaid 12
Various Nonprofit and Miscellaneous Organizations - New 15
Airlines - Expanded 12
Mail Order Companies 12
Third Party Gift Transactions 13
Printing - New Exemption 13
Printing - Nexus 13
MISCELLANEOUS TAXES 23
Aircraft Sales and Use Tax
Amended Definition of "Scheduled Air Service" 23
New Exemptions 23
Bank Franchise Tax
Interstate Branch Banking 24
Motor Fuel and Special Fuel Tax
New Exemption 24
Motor Vehicle Sales and Use Tax
New Exemption 24
Peanut Excise Tax
Rate Increase 25
Recordation Tax
Exemption for Deeds of Gifts - Expanded 25
Exemption for Deeds of Conveyance - Expanded 25
Sheep Tax
New Tax 26
TAX COLLECTION & ADMINISTRATION 27
Virginia Medical Savings Account Act 27
LOCAL TAX LEGISLATION 28
GENERAL PROVISIONS 29
Secrecy of Information 29
TANGIBLE PERSONAL PROPERTY TAX 30
Filing Requirements 30
Situs of Motor Vehicle by Student Attending College 30
Proration of Personal Property Tax - City of Winchester 30
Motor Carrier Transportation Property 31
REAL ESTATE TAX 32
Boards of Equalization - Counties with County Executive Government 32
Partial Exemption for Rehabilitated Real Property 32
Form of Local Land Book 32
Procedure for Applying Proceeds from the Sale of Real Property to Unpaid Taxes 33
TAX EXEMPT PROPERTY 34
Pollution Control 34
Triennial Application Required to Maintain Tax Exempt Status 34
MISCELLANEOUS TAXES 35
Admissions Tax
Culpeper County 35
Coal and Gas Road Improvement Tax
Extended Sunset Provision 35
Allocation of Revenues - Buchanan County 35
Local Technology Zone
City of Manassas 36
Consumer Utility Taxes
Exemption for Residents of Nursing Homes - New 36
Town Tax v. County Tax 36
Video Programming Excise Tax
Imposed by Localities 36
TAX COLLECTION & ADMINISTRATION 38
Willful Failure to Collect and Account for Local Trust Taxes 38
Authorize Treasurer to Approve Refunds 38
Statute of Limitations - Expanded 38
Duties of Treasurer and Assessments of Personal Property 38
Penalties and Interest 39
Interest Accrual - Correction of Erroneous Assessments 39
Agreement to Pay Delinquent Real Property Tax 39
LEGISLATIVE STUDIES 40
INDEXES
Rulings of the Tax Commissioner