Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 500 - BUSINESS, PROFESSIONAL AND OCCUPATIONAL LICENSE TAX REGULATIONS › Section 23VAC10-500-40 - Exemptions from the BPOL tax

Current through Register Vol. 40, No. 24, July 15, 2024
A. Section 58.1-3703C of the Code of Virginia
				prohibits local taxation of certain privileges that would otherwise be taxable.
				Those privileges are detailed in § 58.1-3703C of the Code of Virginia.
				Localities may not impose a license tax or fee on certain persons and
				privileges that include, but are not limited to, the following:
1. Certain public service corporations and
				motor carriers, common carriers, and other carriers of passengers or property
				formerly certified by the Interstate Commerce Commission or presently
				registered for insurance purposes with the Surface Transportation Board of the
				United States Department of Transportation, Federal Highway
				Administration;
2. The privilege of
				selling farm or domestic products or nursery products, or the planting of
				nursery products, as an incident to the sale thereof, outside of the regular
				market houses and sheds of such county, city or town, provided such products
				are grown or produced by the person offering them for sale;
3. The privilege of printing or publishing
				any newspaper, magazine, newsletter or other publication issued daily or
				regularly at average intervals not exceeding three months, provided the
				publication's subscription sales are exempt from state sales tax, or the
				privilege or right of operating or conducting any radio or television
				broadcasting station or service;
4.
				Manufacturers for the privilege of manufacturing and selling goods, wares and
				merchandise at wholesale at the place of manufacture;
5. Persons severing minerals from the earth
				for the privilege of selling the severed mineral at wholesale at the place of
				severance, except as provided in §§ 58.1-3712 and 58.1-3713 of the
				Code of Virginia;
6. A wholesaler
				for the privilege of selling goods, wares and merchandise to other persons for
				resale unless such wholesaler has a definite place of business or store in such
				county, city or town;
7. The
				privilege of renting, as the owner of such property, real property (except in
				certain grandfathered localities) other than hotels, motels, motor lodges, auto
				courts, tourist courts, travel trailer parks, lodging houses, rooming houses
				and boardinghouses;
8. Certain
				transactions of an entity that is a member of an affiliated group of entities
				with other members of the same affiliated group (See
				23VAC10-500-10 and
				23VAC10-500-50 );
9. Any insurance company subject to taxation
				under Chapter 25 (§ 58.1-2500 et seq.) of Title 58.1 of the Code of
				Virginia or on any agent of such company;
10. Any bank or trust company subject to
				taxation under Chapter 12 (§ 58.1-1200 et seq.) of Title 58.1 of the Code
				of Virginia;
11. Certain nonprofit
				and charitable nonprofit organizations, which are defined separately in
				23VAC10-500-10. As the kinds and
				sources of funds flowing to either nonprofit or charitable nonprofit
				organizations are different for purposes of the exemption from the BPOL
				tax;
12. Any venture capital fund
				or other investment fund, except commissions and fees of such funds;
13. On total assessments paid by condominium
				unit owners for common expenses; and
14. On or measured by receipts of a
				qualifying transportation facility directly or indirectly owned or title to
				which is held by the Commonwealth or any political subdivision thereof or by
				the United States as described in § 58.1-3606.1 of the Code of Virginia
				and developed and/or operated pursuant to a concession under the Public-Private
				Transportation Act of 1995 (§ 56-556 et seq. of the Code of Virginia) or
				similar federal law.