Tax Type
Retail Sales and Use Tax
Description
Nonprofit organizations, private schools, and churches; Repair of low-income housing
Topic
Taxability of Persons and Transactions
Date Issued
04-02-1996
April 2, 1996
Re: Request for Ruling: Retail Sales and Use Tax
Dear*************
This is in response to your letter of December 20, 1995, requesting a ruling as to whether *****(the Taxpayer) qualifies for exemption from the sales and use tax.
FACTS
The Taxpayer is a nonprofit volunteer organization exempt from income taxation under § 501 (c) (3) of the Internal Revenue Code and organized and operated exclusively to sponsor an annual volunteer project to repair, at no cost, the homes of low income, elderly, and handicapped persons who are unable to effect such repairs themselves.
RULING
There is no general exemption from the Virginia retail sales and use tax for nonprofit organizations. See VR 630-10-74, copy enclosed. The only exemptions from the tax are set out in Code of Virginia §§ 58.1-609.1 through 58.1-609.10, copy enclosed. The Virginia courts have consistently required strict construction of these exemptions; i.e., where there is any doubt as to the application of an exemption, the court has resolved against the party claiming the exemption.
Code of Virginia § 58.1-609.8(48) provides an exemption from the retail sales and use tax from July 1, 1995 through June 30, 1998 for:
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- Tangible personal property purchased for use or consumption by a nonprofit organization exempt from taxation under § 501 (c) (3) of the Internal Revenue Code and organized to repair or rehabilitate homes owned and occupied by low--income persons who could not otherwise afford to finance the rehabilitation or repair of their homes within the boundaries of the Eighteenth Planning District established pursuant to § 15.1 -1403.
The above exemption is limited to the Eighteenth Planning District, i.e., the Middle Peninsula which includes Essex, Gloucester, King and Queen, King William, Mathews, and Middlesex counties. As the Taxpayer is not repairing or rehabilitating low-income housing within the Eighteenth Planning District, the exemption is not available to the Taxpayer.
Although I am mindful of the worthwhile purpose that the Taxpayer serves, 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. As a result, the Taxpayer is required to pay the sales tax charged by its vendors on purchases of tangible personal property, meals and lodging.
Enclosed is a questionnaire for legislative consideration of a sales and use tax exemption request and Tax Bulletin 94-13, which explains the procedure and information required. If you are interested in pursuing exemption legislation during the 1997 Session of the General Assembly, the questionnaire should be completed and forwarded to the legislator who will sponsor the bill for exemption. The legislator must sign the questionnaire and submit it to the department by November 1, 1996.
Refund
The retail sales and use tax paid on some of the Taxpayer's purchases of building materials may be eligible for the refund authorized under Code of Virginia § 58.1-608.1 (B) which provides, in part, that:
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- an organization exempt from taxation under § 501 (c) (3) of the Internal Revenue Code may apply for a refund of any sales and use tax paid on tangible personal property used to repair or rehabilitate homes owned and occupied by low-income persons who could not otherwise afford to finance the rehabilitation or repair of their homes. (Emphasis added.)
To the extent that the Taxpayer purchases building materials actually used to repair or rehabilitate homes owned and occupied by low-income persons, the Taxpayer may apply for a refund of sales taxes paid for such building materials. Please note that no refund is provided under this provision for the purchase of building materials used to repair or rehabilitate homes which are not owned and occupied by low-income persons, or which are owned by elderly, disabled, or other persons who can afford to repair or rehabilitate their homes. Also, no refund is allowed under this provision for the purchase of building materials for use in the construction of new low-income housing.
In claiming this refund, the Taxpayer should provide the department with sales tax receipts and a letter certifying that the refund claimed is for items purchased for the above referenced purpose. The Taxpayer should direct any refund request to the department's Office of Customer Services, P. O. Box 1115, Richmond, Virginia 23218--1115.
If you have questions concerning this matter, please contact*** of my Office of Tax Policy at *** .
Sincerely,
Danny M. Payne
Tax Commissioner
OTP/10735R
Rulings of the Tax Commissioner