reglab/housing_qa huggingface dataset:
32 V.S.A. § 10002a
2021 Vermont Statutes|Title 32 - Taxation and Finance|Chapter 236 - Tax on Gains From the Sale or Exchange of Land|§ 10002a. Principal residence

§ 10002a. Principal residence|(a) "Principal residence" means a dwelling which, within one year prior to sale, was occupied as the domicile of the seller or which, within one year from the date of sale, will be occupied as the domicile of the purchaser. As used in this section, a domicile is the principal dwelling of a person domiciled in the State of Vermont.(b) "Principal residence" includes any multi-family dwelling, not exceeding four units, if:  (1) the seller used at the time of sale at least one unit within such dwelling as his or her principal residence; or (2) the purchaser will use at least one unit within such dwelling as his or her principal residence under the conditions of subsection 10002(b) of this title.   (c) "Principal residence" also means any dwelling used as the seller's principal residence, or which will be used by the purchaser as his or her principal residence under the conditions of subsection 10002(b) of this title, even though the resident also carries on or will carry on commercial activity in that dwelling. Commercial activity includes an office for the resident's business or profession or a retail store. (Added 1987, No. 64, § 12, eff. June 1, 1987; amended 1989, No. 222 (Adj. Sess.), § 29, eff. May 31, 1990.)
32 V.S.A. § 10003
2021 Vermont Statutes|Title 32 - Taxation and Finance|Chapter 236 - Tax on Gains From the Sale or Exchange of Land|§ 10003. Rate of tax

§ 10003. Rate of tax|The tax imposed by section 10001 of this title shall be based upon the years held at the following rates on the gain, as gain is determined under section 10005 of this title:   Years land held by                                                                             *Gain, as a percentage     transferor                                                                                              of basis (tax cost)                                                             0-99%               100-199%                200% or moreLess than 4 months                                  60%                        70%                               80%4 months, but less than 8                         35%                      52.5%                              70%8 months but less than 1 year                  30%                         45%                               60%1 year, but less than 2                              25%                      37.5%                               50%2 years, but less than 3                            20%                         30%                               40%3 years, but less than 4                            15%                       22.5%                              30%4 years, but less than 5                            10%                          15%                              20%5 years, but less than 6                              5%                         7.5%                              10% * Gain, as percent of basis, shall be rounded to the next highest whole percentage. A single flat rate of tax shall apply to all of the gain, and shall be determined by the percentage which the entire gain is of the basis (tax cost). (Added 1973, No. 81, § 8, eff. May 1, 1973; amended 1987, No. 64, § 8, eff. June 1, 1987.)
32 V.S.A. § 10004
2021 Vermont Statutes|Title 32 - Taxation and Finance|Chapter 236 - Tax on Gains From the Sale or Exchange of Land|§ 10004. Sale or exchange

§ 10004. Sale or exchange|(a) As used in this chapter, "sale or exchange of land" shall mean any transfer of title to land for a consideration. As used in this chapter, "transfer" and "title" shall have the same meaning as "transfer" and "title to property" as used in section 9601 of this title, except as modified or enlarged by explicit provisions of this chapter and as limited herein to land. The transfer of an option for the sale or exchange of land shall be considered a transfer of title to land for the purposes of this chapter.(b) Contracts for the sale of land constitute sales or exchanges of land for all purposes of this chapter. However, contracts shall not constitute sales or exchanges until some consideration has passed thereunder to or for the benefit of the seller or exchanger. The sale or exchange is considered to take place at the time any consideration whatsoever, of whatever nature, first passes under the contract. If the land has been held by the seller for less than one year, the entire tax due on the sale then shall become due as provided under this chapter, even if the transaction between the parties involves an installment sale. A mere promise to purchase, and amounts paid as earnest money, or amounts paid in deposit or amounts paid in escrow to which the seller has no immediate right, do not constitute the passing of consideration for the purposes of this chapter.(c) Any sale or exchange of shares in a corporation or other entity, or of comparable rights or property interests in any other form of organization or legal entity, which effectively entitles the purchaser to the use or occupancy of land constitutes a sale or exchange of land. (Added 1973, No. 81, § 8, eff. May 1, 1973; amended 1987, No. 64, § 6, eff. June 1, 1987.)
32 V.S.A. § 10007
2021 Vermont Statutes|Title 32 - Taxation and Finance|Chapter 236 - Tax on Gains From the Sale or Exchange of Land|§ 10007. Withholding at source; payment

§ 10007. Withholding at source; payment|(a) The buyer or transferee of any land held by the seller or transferor for less than six years, shall withhold 10 percent of all consideration paid to the seller or transferor for such land, including 10 percent of all partial payments made pursuant to installment sales under section 10008 of this title. At the time any payment is made to the seller or transferor, the amounts withheld shall be remitted to the Commissioner of Taxes.(b) Within 30 days of the sale or exchange of land, for which withholding is required under this section, the seller or transferor shall file a return with the Commissioner of Taxes setting forth the amount of the tax due pursuant to section 10003 of this title and the amount withheld by the buyer or transferee pursuant to subsection (a) of this section. The seller shall either remit with the return the balance of the tax due or make claim for a refund. Any refund not made by the Commissioner within 45 days of receipt of a valid claim shall accrue interest at the rate established pursuant to section 3108 of this title. For good cause shown and upon conditions set by him or her, the Commissioner may extend the time for filing the return and paying the tax required by this chapter.(c) Notwithstanding either subsection (a) or (b) of this section, the seller or transferor may, in advance of the sale or exchange, pay the tax imposed by this chapter or obtain a written ruling from the Commissioner of Taxes that no tax is due under this chapter. In either case, the Commissioner shall certify to the seller or transferor that such payment has been made or that no tax is due. Upon receipt by the buyer or transferee of such certification from the seller or transferor, the buyer or transferee shall not be required to withhold under subsection (a) of this section.(d) All taxes required to be paid or withheld under this chapter shall constitute a personal debt of the person liable to pay or withhold the same to the State of Vermont to be recovered in an action on this statute.(e) An action may be brought to recover the amount of the taxes to be paid or withheld in the manner prescribed for recovering amounts owed for taxes under chapter 151 of this title. The amount of taxes to be paid or withheld shall be a lien in favor of the State of Vermont upon all property and rights to property, whether real or personal, belonging to the person liable for the tax or for the withholding. The lien shall be enforced in the manner prescribed by section 5895 of this title. (Added 1973, No. 81, § 8, eff. May 1, 1973; amended 1993, No. 49, § 21, eff. May 28, 1993; 1999, No. 49, § 67, eff. June 2, 1999.)
32 V.S.A. § 10008
2021 Vermont Statutes|Title 32 - Taxation and Finance|Chapter 236 - Tax on Gains From the Sale or Exchange of Land|§ 10008. Installment sales

§ 10008. Installment sales|(a) As used in this section, "installment sale" means sale or exchange of land as defined in section 10004 of this title for which the total tax due under this chapter is greater than $2,000.00 and in which the parties agree in advance that payments shall be received by the seller or transferor in more than one installment on a date or dates other than the date of closing. A sale financed by a mortgage, deed of trust, or other financing arrangement in which the seller or transferor is paid in full on the date of the sale or exchange shall not be considered an installment sale. A lease-purchase agreement under which any part of the rental payments constitute a portion of the purchase price of the land shall be considered an installment sale, and for the purposes of this chapter, the end of the holding period with respect to the sale or exchange shall be determined as of the date of the agreement.(b) Notwithstanding any provision of law to the contrary, the tax under this chapter on any installment sale shall be due within 30 days of the date of payment of each installment paid to the seller or transferor. However, except for the first installment the seller or transferor may elect to file his or her return as part of his or her Vermont income tax return for any year in which subsequent installments are paid or due, and to pay the balance of such tax as part of such income tax; provided that, if the seller or transferor elects to file annual returns no interest shall accrue on any withholding as provided by subsection 10007(b) of this title.(c) In an installment sale, the total amount of taxes due under this chapter shall be the amount that would have been due had the total purchase price been paid on the date the sale or exchange took place. The amount of taxes due on each separate installment, including the first installment, shall bear the same proportion to the total amount of taxes due as the amount of that installment bears to the total consideration. (Added 1973, No. 81, § 8, eff. May 1, 1973.)
32 V.S.A. § 10009
2021 Vermont Statutes|Title 32 - Taxation and Finance|Chapter 236 - Tax on Gains From the Sale or Exchange of Land|§ 10009. Administration of tax

§ 10009. Administration of tax|(a) The Commissioner of Taxes shall administer and enforce this chapter and this tax. He or she may issue, amend, and withdraw from time to time, reasonable regulations to assist such administration and enforcement.(b) All the administrative provisions of chapter 151 of this title, including those relating to the collection and enforcement by the Commissioner of the withholding tax and the income tax, and of chapter 103 of this title, including those relating to interest and penalty charges, shall apply to the tax imposed by this chapter. (Added 1973, No. 81, § 8, eff. May 1, 1973; amended 2009, No. 1 (Sp. Sess.), § H.46, eff. June 2, 2009.)
32 V.S.A. § 10010
2021 Vermont Statutes|Title 32 - Taxation and Finance|Chapter 236 - Tax on Gains From the Sale or Exchange of Land|§ 10010. Criminal penalties

§ 10010. Criminal penalties|(a) Any person who willfully defeats or evades or attempts to defeat or evade the tax imposed by this chapter shall be imprisoned not more than one year or fined not more than $10,000.00 or five times the amount of the tax defeated or evaded or attempted to be defeated or evaded, whichever is larger, or may be both thus imprisoned and fined. A corporation or other taxable entity not being a natural person shall be subject to the fine provided by this section.(b) Any officer, employee, director, trustee, or other responsible person of a corporation or other taxable entity, and any other person, who counsels, aids, abets, participates in, or conceals the defeat or evasion of tax, or the attempt thereat, shall be subject to the penalties of subsection (a) of this section.(c) [Repealed.]  (Added 1973, No. 81, § 8, eff. May 1, 1973; amended 2017, No. 73, § 31, eff. June 13, 2017.)
32 V.S.A. § 10011
2021 Vermont Statutes|Title 32 - Taxation and Finance|Chapter 236 - Tax on Gains From the Sale or Exchange of Land|§ 10011. Exception

§ 10011. Exception|Notwithstanding sections 10001 and 10003 of this title, in the case of a sale or exchange of land to an organization that qualifies under 26 U.S.C. § 501(c)(3) and also meets the "public support" test of 26 U.S.C. § 509(a)(2), if one of the stated purposes of the organization is to provide affordable housing and if the land will be held for this purpose for at least six years following the sale, then one-half of the tax otherwise imposed under this chapter shall be due. If the land is not held for affordable housing purposes for at least six years following the transfer, the tax which would have been due from the seller or transferor shall become due from such organization for that portion of the property not so held. In cases coming within this section, the Commissioner may require the seller or transferor to file a land gains tax return at the time of the sale or exchange, in order to establish the amount of tax which will become the tax liability of such organization in such case. (Added 1989, No. 222 (Adj. Sess.), § 41, eff. May 31, 1990.)
32 V.S.A. § 10101
2021 Vermont Statutes|Title 32 - Taxation and Finance|Chapter 237 - Tax on Hazardous Waste|§ 10101. Definitions

§ 10101. Definitions|The following definitions shall apply throughout this chapter unless the context requires otherwise:  (1) All terms defined in 10 V.S.A. § 6602 shall have the same meaning for purposes of this chapter that they have for purposes of 10 V.S.A. chapter 159. (2) "Acutely hazardous waste" means those specification and off-specification commercial chemical products or manufacturing chemical intermediates which are listed at 40 C.F.R. § 261.33(e), as that list may be amended by rule of the Secretary, if and when they are discarded or intended to be discarded. This definition does not include other materials or wastes which contain these listed substances. (3) "Long-term storage" means storage for a period of more than one year. (4) "Tax" or "taxes" shall include tax, interest, penalties, and late fees imposed under this chapter. (5) "Commissioner" means the Commissioner of Taxes or any person authorized by the Commissioner (directly or indirectly by one or more redelegations of authority) to perform the functions described in this chapter. (6) "Secretary" means the Secretary of Natural Resources or any person authorized by the Secretary (directly or indirectly by one or more redelegations of authority) to perform the functions described in this chapter. (Added 1985, No. 70, § 7; amended 1987, No. 76, § 18.)
32 V.S.A. § 10102
2021 Vermont Statutes|Title 32 - Taxation and Finance|Chapter 237 - Tax on Hazardous Waste|§ 10102. Powers of the Commissioner and Secretary

§ 10102. Powers of the Commissioner and Secretary|(a) In addition to any other powers granted to the Commissioner and the Secretary in this chapter, they may:  (1) issue, amend, and repeal from time to time reasonable regulations to assist in the administration and enforcement of this chapter, provided however, that those rules may not in any way alter, abridge or condition the express terms of this chapter; (2) for cause shown, waive, reduce, or compromise any of the taxes, penalties, interest, or other amounts provided in this chapter; (3) delegate to any agent or employee under their supervision such powers as the Commissioner or Secretary may deem necessary to carry out efficiently the provisions of this chapter; (4) require any person required to pay the tax imposed by this chapter to keep detailed records of the description, volume, and destination of hazardous waste handled by such person and to furnish that information upon request to the Commissioner or Secretary; and (5) require the attendance of, the giving of testimony by, and the production of any books and records of any person believed to be liable for the payment of tax or to have information pertinent to any matter under investigation by the Commissioner or the Secretary. The fees of witnesses required to attend any hearing shall be the same as those allowed witnesses appearing in the Superior Court, but no fees shall be payable to a person charged with a tax liability under this chapter. Any Superior judge may, upon application of the Commissioner or the Secretary, compel the attendance of witnesses, the giving of testimony, and the production of books and records before the Commissioner or the Secretary in the same manner, to the same extent, and subject to the same penalties as if before a Superior Court.   (b) For cause shown, the Commissioner may authorize the Secretary to calculate the tax liability of any person on a monthly or more frequent basis. (Added 1985, No. 70, § 7; amended 1997, No. 133 (Adj. Sess.), § 2; 2009, No. 154 (Adj. Sess.), § 220.)
32 V.S.A. § 10104
2021 Vermont Statutes|Title 32 - Taxation and Finance|Chapter 237 - Tax on Hazardous Waste|§ 10104. Duties of Secretary and Commissioner

§ 10104. Duties of Secretary and Commissioner|(a) On or before the last day of the month following each calendar quarter, the Secretary shall calculate the amount of tax due under this chapter based on information required to be reported on a manifest or other report during that calendar quarter, and shall supply the Commissioner with the name, address, and amount of tax owed by each person required to pay tax for that quarter.(b) If the Secretary finds that any person has failed to report in full the description, volume, or destination of hazardous waste required to be reported on a manifest or other report, the Secretary may determine the person's liability for the tax imposed by this chapter based on any information available and shall supply the Commissioner with such information on or before the last day of the month following the calendar quarter in which such determination is made.(c) Upon receipt of the information supplied by the Secretary, the Commissioner shall bill each person required to pay tax. The tax assessed under this chapter shall be payable upon receipt of a bill from the Commissioner. (Added 1985, No. 7, § 7; amended 1997, No. 133 (Adj. Sess.), § 4.)
32 V.S.A. § 10105
2021 Vermont Statutes|Title 32 - Taxation and Finance|Chapter 237 - Tax on Hazardous Waste|§ 10105. Failure to pay tax; criminal penalties

§ 10105. Failure to pay tax; criminal penalties|(a) Any person who fails to pay a tax liability imposed under this chapter within 30 days after the date of billing by the Commissioner shall be subject to and governed by the provisions of section 5875 of this title.(b) Any person who willfully fails to pay a tax liability imposed under this chapter when due or to supply any information required by this chapter or who willfully makes, renders, signs, verifies, or files any false or fraudulent manifest, report, or information, shall be fined not more than $5,000.00 or be imprisoned not more than one year, or both. (Added 1985, No. 70, § 7; amended 1997, No. 133 (Adj. Sess.), § 5.)
32 V.S.A. § 10106
2021 Vermont Statutes|Title 32 - Taxation and Finance|Chapter 237 - Tax on Hazardous Waste|§ 10106. Notice of deficiency

§ 10106. Notice of deficiency|(a) If the Commissioner finds that any taxpayer has failed to discharge in full the amount of any tax liability incurred under this chapter, or that a penalty or interest should be assessed under it, the Commissioner shall notify the taxpayer of the deficiency or assess the penalty or interest, as the case may be.(b) The Commissioner may notify a taxpayer of a deficiency with respect to the payment of any tax liability imposed under this chapter or assess a penalty or interest with respect thereto at any time within three years after the date that the taxpayer was originally required to file a manifest or other report; provided, however, that if a taxpayer fails to file a proper manifest or other report at the time prescribed for its filing, the notification or assessment may be made at any time before the end of three years after the taxpayer files such a manifest or other report; and if no manifest or report has been filed or if the deficiency is caused by reason of fraud or the willful intent of the taxpayer to defeat or evade a requirement of this chapter, the notification or assessment may be made at any time; and provided further that if the taxpayer and the Commissioner agree, the notification or assessment may be made at any time before the date so agreed upon.(c) The exclusive remedy of a taxpayer with respect to a notification of deficiency or assessment of a penalty or interest shall be to petition for determination of the deficiency or assessment as provided by section 10109 of this title and appeal from which adverse determination of deficiency or assessment. Upon the failure of a taxpayer to petition in accordance with section 10109 of this title from a notice of deficiency or assessment under section 10106 of this title, or to appeal in accordance with section 10109 of this title from a determination of a deficiency or assessment, the taxpayer shall be bound by the terms of the notification, assessment, or determination. The taxpayer shall not thereafter contest, either directly or indirectly, the tax liability as therein set forth, in any proceeding including, without limitation, a proceeding upon a claim of refund of all or any part of any payment made with respect to the tax liability, or a proceeding for the enforcement or collection of all or any part of the tax liability. (Added 1985, No. 70, § 7; amended 1997, No. 50, § 38, eff. June 26, 1997; 1997, No. 133 (Adj. Sess.), § 6.)
32 V.S.A. § 10107
2021 Vermont Statutes|Title 32 - Taxation and Finance|Chapter 237 - Tax on Hazardous Waste|§ 10107. Refunds

§ 10107. Refunds|(a) At any time within three years after the date a tax is due under this chapter, a taxpayer may petition the Commissioner for the refund of all or any part of the amount of tax paid. This shall be a taxpayer's exclusive remedy with respect to the refund of taxes under this chapter.(b) If the Commissioner determines that a taxpayer has paid an amount of tax under this chapter which, as of the date of the determination, exceeds the amount of tax liability owing from the taxpayer to the State, with respect to all taxes administered by the Commissioner and with respect to the current and all preceding taxable years, the Commissioner shall forthwith refund the excess amount to the taxpayer together with interest at the rate per annum established from time to time by the Commissioner pursuant to section 3108 of this title. That interest shall be computed from 45 days after the date the return with respect to which the excess payment was made was filed or from 45 days after the date the return was due, including any extensions of time thereto, whichever is the later date.(c) If the Commissioner determines that the taxpayer is not entitled to all or a part of the refund requested, the Commissioner shall notify the taxpayer of the denial of the refund request. (Added 1985, No. 70, § 7; amended 1997, No. 50, § 39, eff. June 26, 1997.)
32 V.S.A. § 10108
2021 Vermont Statutes|Title 32 - Taxation and Finance|Chapter 237 - Tax on Hazardous Waste|§ 10108. Mailing of notice

§ 10108. Mailing of notice|Any notice under this chapter may be given by mailing it to the person for whom it is intended in a postpaid envelope addressed to that person at the address given in a manifest or other report filed by that person or to the best address obtainable. The mailing of the notice shall be presumptive evidence of its receipt by the person to whom addressed. Any period of time which is determined under this chapter by the giving of notice shall commence to run from the date of mailing of the notice. (Added 1985, No. 70, § 7.)