reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 210 - RETAIL SALES AND USE TAX › Section 23VAC10-210-6020 - Typesetting

Current through Register Vol. 40, No. 24, July 15, 2024
A. Definitions. The
				following words and terms, when used in this section, shall have the following
				meanings unless the context clearly indicates otherwise:
"Electronic prepress" means any process involved in taking
				  manuscript, conventionally supplied artwork, electronically supplied artwork,
				  electronically supplied keystrokes, and other client materials and formatting
				  these materials into electronic commands so that they can be output as film or
				  paper to image-setting output devices or prepared in such a way that they can
				  be distributed electronically by way of any electronic or magnetic media. It
				  also includes the various proofing steps that are required prior to final
				  output or distribution by way of any electronic or magnetic media.
"Typesetting" means the process by which specialized
				  equipment is used to accept front-end commands and to transform them into text
				  characters according to the font, type size, and other instructions of a
				  composition system and includes electronic prepress, as defined in this
				  section.
B. Generally.
				Persons engaged in providing typesetting products for sale or resale to
				printers which qualify for the industrial manufacturing exemption as set forth
				in subdivision 2 of § 58.1-609.3 of the Code of Virginia are also
				considered industrial manufacturers, regardless of whether finished products
				are produced by hand composition, machine composition, photocomposition,
				typographic composition, or electronic page composition.
C. Sales. The sale of typesetting products is
				the sale of tangible personal property. The tax is computed upon the total
				charge for typesetting, including any charges for services connected with the
				sale. All typesetting operations must register as dealers. In addition, they
				must collect the tax from their customers, and remit the tax to the department
				unless the customer furnishes a valid exemption certificate, as provided in
				23VAC10-210-280.
D. Purchases. Typesetters, as industrial
				manufacturers, are exempt from taxation on the purchase of industrial
				materials, machinery, tools, equipment, and other items of tangible personal
				property that are used primarily and directly in the production of typesetting
				products to be sold or resold to printers qualifying for the industrial
				manufacturing exemption. Examples of exempt typesetting materials, machinery,
				and equipment include, but are not limited to, the following:
1. Computer hardware and software;
2. Disk drives;
3. Linotype, monotype, and ludlow machines
				and their related attachments;
4.
				Keyboards;
5. Line plates, halftone
				plates, combination plates, and similar items;
6. On and offline terminals;
7. Optical scanner readers;
8. Paper and magnetic tape readers;
9. Paper stock, film or plating materials on
				which type or images are set; and
10. Proofing equipment.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 210 - RETAIL SALES AND USE TAX › Section 23VAC10-210-6030 - Use tax

Current through Register Vol. 40, No. 24, July 15, 2024
A. Generally.
				The use tax applies to the use, consumption or storage of tangible personal
				property in Virginia when the Virginia sales or use tax is not paid at the time
				the property is purchased. The rates of the state and local use tax are the
				same as the rates of the state and local sales tax. There is no duplication of
				the tax.
B. Exemption from use tax.
				The use tax does not apply to livestock and livestock products, poultry and
				poultry products or farm and agricultural products, if produced by a farmer and
				used or consumed by him and the members of his family.
C. Computation of use tax. The use tax is
				computed on the cost price of tangible personal property. However, tangible
				personal property brought into this state six months or more after its purchase
				is taxed on the basis of the current market value but not in excess of the cost
				price. For the definition of "cost price," see
				23VAC10-210-4000.
D. Property purchased outside state. Tangible
				personal property purchased for use outside the state but later brought into
				the state is taxed based on the proportion of the cost price or fair market
				value as the duration of time of use within this state bears to the total
				useful life of the property. It is presumed that the property will remain in
				this state for the remainder of its useful life until otherwise proven. This
				paragraph applies, for example, to construction equipment acquired outside this
				state and brought into this state for use in performing real estate
				construction contracts.
E. Method
				of payment; use tax returns. Any person or concern not registered to collect
				the Virginia sales or use tax must report the use tax on a Consumer's Use Tax
				Return, Form ST-7. A return must be filed along with the applicable tax on or
				before the 20th day of each month following the period in which the use tax
				liability was incurred. Returns are not required to be filed for any period in
				which no use tax is due.
Dealers registered to collect the sales or use tax must
				  include any use tax liability on their sales or use tax returns, Forms ST-8 or
				  ST-9.
For credit for taxes paid to another state or its political
				  subdivision, see
				  23VAC10-210-450; for moving a
				  residence or business into the state, see 23VAC10-210-1040; registration of
				  out-of-state vendors, see
				  23VAC10-210-1090; place of
				  business in Virginia, see
				  23VAC10-210-2070.
Statutory Authority
§§ 58.1-203 and 58.1-604 of the Code of
					 Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 210 - RETAIL SALES AND USE TAX › Section 23VAC10-210-6040 - Vending machine sales; generally

Current through Register Vol. 40, No. 24, July 15, 2024
Dealers engaged in the business of placing vending machines
				  and selling tangible personal property through such machines are subject to the
				  provisions in
				  23VAC10-210-6041; however, those
				  dealers, all of whose machines are under contract to nonprofit organizations,
				  are subject to the provisions in
				  23VAC10-210-6042. Dealers who are
				  not engaged in placing vending machines, but sell tangible personal property
				  through vending machines, e.g. service station operators, are required to
				  report and pay sales tax in the manner set out in
				  23VAC10-210-6043.
Statutory Authority
§§ 58.1-203 and 58.1-614 of the Code of
					 Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 210 - RETAIL SALES AND USE TAX › Section 23VAC10-210-6042 - Vending machine sales; dealers under contract with nonprofit organizations

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Registration requirements. A separate Certificate of Registration is required
				for each county and city in which vending machines are placed. Dealers holding
				multiple registrations may request permission to file a consolidated return at
				the time of application.
B.
				Computation of tax. Dealers engaged in the business of placing vending machines
				all of which are under contract to nonprofit organizations may deduct sales of
				$.10 or less from gross receipts and divide the remaining balance by 1.053
				(1.06 in the Hampton Roads and Northern Virginia Regions) to determine the
				amount of taxable sales upon which the tax is due and payable. To qualify for
				this method of computing the tax, all machines of the vending machine dealer
				must be under contract to nonprofit organizations. For definitions of the
				"Hampton Roads Region" and the "Northern Virginia Region" see
				23VAC10-210-2070.
C. Filing of returns. The Retail Sales and
				Use Tax Return, is required to be filed for each locality in which vending
				machines are placed by the 20th day of the month to report the 5.3% (6.0% in
				the Hampton Roads and Northern Virginia Regions) tax on (i) sales made in the
				previous period and (ii) untaxed purchases for use or consumption by the dealer
				or withdrawals from tax exempt inventory for use or consumption by the
				dealer.
D. Records. A contract
				shall be kept for each vending machine under contract to nonprofit
				organizations. Additionally, records shall be kept for a period of four years
				to show the location of each vending machine, purchases and inventories of
				merchandise bought for sale, and total gross receipts for each vending machine
				separating items sold for $.10 or less from items sold for more than
				$.10.
Statutory Authority: § 58.1-203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 210 - RETAIL SALES AND USE TAX › Section 23VAC10-210-6043 - Vending machine sales; other dealers selling tangible personal property through vending machines

Current through Register Vol. 40, No. 24, July 15, 2024
Dealers not engaged in the business of placing vending
				  machines but who use vending machines at their places of business to sell
				  merchandise (e.g., service station operators) must report the tax at the rate
				  of 5.3% (6.0% in the Hampton Roads and Northern Virginia Regions) of gross
				  taxable sales on the same return on which nonvending machine sales are
				  reported. For definitions of the "Hampton Roads Region" and the "Northern
				  Virginia Region" see
				  23VAC10-210-2070.
Statutory Authority: § 58.1-203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 210 - RETAIL SALES AND USE TAX › Section 23VAC10-210-6050 - Veterinarians

Current through Register Vol. 40, No. 24, July 15, 2024
A. Generally;
				purchases. Veterinarians are engaged in rendering professional services and are
				the users or consumers of medicines, drugs, medical supplies, equipment and all
				other tangible personal property purchased for use in their operation. They
				must pay the tax to their suppliers on purchases of this property. If the
				purchases are made from instate or out-of-state suppliers who do not collect
				the Virginia sales or use tax, the veterinarian must pay the use tax directly
				to the Department of Taxation on a Consumer's Use Tax Return, Form
				ST-7.
B. Sales. Veterinarians who
				maintain an inventory for the purpose of making sales of medicines, drugs, flea
				powder, soap, pet food, dog collars and similar items at retail must register
				with the Department of Taxation and collect and pay the tax on such sales. A
				veterinarian who uses tangible personal property in rendering professional
				services and also makes sales of the same type of property may, in connection
				with such purchases, furnish certificates of exemption to his suppliers. The
				veterinarian is then liable for paying the tax on the property he uses and the
				tax on sales of such property to users or consumers.
C. Medicines and drugs. No exemption is
				allowed for medicines or drugs on the ground that they may be sold on
				prescriptions of veterinarians. For exemptions relating to agricultural
				supplies sold to and purchased by farmers for use in agricultural production
				for market, see
				23VAC10-210-50.
Statutory Authority
§ 58.1-203 of the Code of Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 210 - RETAIL SALES AND USE TAX › Section 23VAC10-210-6060 - Watercraft sales, leases, and rentals; repair and replacement parts; and maintenance materials

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Generally. Sales, leases, and rentals of watercraft are not subject to the
				retail sales and use tax when the same transactions are subject to the
				watercraft sales and use tax. See the Watercraft Sales and Use Tax Regulations,
				23VAC10-230, for more information on the tax. Watercraft not subject to the
				watercraft sales and use tax are subject to the retail sales and use tax when
				sold, leased or rented.
B. Repair
				and replacement parts and accessories.
1.
				Repair and replacement parts, accessories, attachments, and lubricants
				installed on a watercraft at the time of sale, or on leased or rented
				watercraft, that are included in the sales price for computing the watercraft
				sales and use tax or in gross receipts from a lease or rental are exempt from
				the retail sales and use tax. Such items may be purchased by a dealer, as
				defined in § 58.1-1401 of the Code of Virginia, exclusive of the retail
				sales and use tax when a resale exemption certificate, Form ST-10, is presented
				at the time of sale. Repair parts purchased by nondealers for installation on
				watercraft are not exempted from the retail sales and use tax.
2. Boat motors. Boat motors that will be
				installed on watercraft are subject to the Watercraft Sales and Use Tax. Any
				boat motors that will not be installed on watercraft are subject to the retail
				sales and use tax. See
				23VAC10-230-40 B for more
				information on boat motors subject to the Watercraft Sales and Use
				Tax.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 210 - RETAIL SALES AND USE TAX › Section 23VAC10-210-6080 - Wholesalers

Current through Register Vol. 40, No. 24, July 15, 2024
A. A wholesaler, as
				distinguished from a retailer, is a seller who sells for resale only. If a
				seller sells to any user or consumer, however large or small, he becomes a
				retailer for those sales. If he fails to keep adequate records to show sales
				for resale and retail sales separately, he is required to pay the tax as a
				retailer on both classes of his business.
B. Every wholesaler is required to keep a
				record of all sales of tangible personal property, whether such sales be for
				cash or credit. These records must include the name and address of the
				purchaser, the number of the Certificate of Registration issued to the
				purchaser, the date of the purchase, the article purchased and the price at
				which the article is sold to the purchaser. Records must be kept for three
				years.
Statutory Authority
§ 58.1-203 of the Code of Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 220 - AIRCRAFT SALES AND USE TAX › Section 23VAC10-220-10 - Tax levied

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Generally. The Virginia aircraft sales and use tax is imposed at the rate of
				2.0% upon the retail sale of every aircraft sold in the Commonwealth and upon
				the nonexempt use in Virginia of any aircraft.
B. Tax rate application. The tax is to be
				collected by applying the 2.0% rate as follows:
1. Aircraft sold in Virginia. For aircraft
				sold in Virginia, the amount of tax is 2.0% of the sale price of the aircraft.
				The tax is levied on the date the application was required to be made to the
				Department of Aviation to obtain the license to operate the aircraft. See
				23VAC10-220-50.
a. The Virginia aircraft sales tax applies to
				all aircraft sold and required to be licensed in Virginia, including occasional
				sales. "Occasional sale" means a sale of an aircraft by anyone not a dealer in
				aircraft. See
				23VAC10-220-50 for information
				concerning payment of tax.
b. No
				tax is applicable to an aircraft that is not required to be licensed by the
				Department of Aviation.
Example 1: Individual A purchased a plane in Virginia on
				  January 1, 1983, and applied for a license to operate the aircraft on the same
				  day. The purchase price of the plane was $12,000. The tax is levied on the date
				  of purchase and A must pay the Virginia aircraft sales tax of $240 based upon
				  the sale price.
Example 2: Individual B purchased a plane in Virginia for
				  $25,000 on January 1, 1982, and stored the plane for use in Virginia while she
				  took flying lessons. B applied to the Department of Aviation for a license to
				  operate the aircraft on September 1, 1982. The tax is levied September 1, 1982,
				  on the original purchase price of $25,000.
Note:
				  23VAC10-220-50 requires the
				  aircraft sales and use tax to be paid prior to the time the owner applies to
				  the Department of Aviation for and obtains a license to operate the aircraft.
				  23VAC10-220-20 requires the tax to
				  be based upon the current market value of the aircraft if first used or stored
				  for use in Virginia six months or more after its acquisition. The current
				  market value is not applicable in the case at hand because the plane qualified
				  as an aircraft when purchased on January 1, 1982, and was first stored for use
				  in this state on that date, even though the aircraft was not required to be
				  licensed until nine months later.
Example 3: Individual C purchased a plane kit in Virginia on
				  June 1, 1982. The kit is subject to the retail sales and use tax when purchased
				  since the kit does not meet the definition of an aircraft at the time of
				  purchase. When the kit is assembled, and qualifies as an aircraft, it is
				  subject to the aircraft sales and use tax on the assembled cost. See
				  23VAC10-220-30 C.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 220 - AIRCRAFT SALES AND USE TAX › Section 23VAC10-220-20 - Basis of tax; estimate of tax; penalty for misrepresentation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Basis of tax for
				sale or use. The commissioner shall levy and collect tax for the use or sale of
				an aircraft upon the basis of the sale price of the aircraft.
1. Invoice required. Any person who sells an
				aircraft in Virginia must supply the buyer with an invoice signed by the seller
				or his representative. The invoice must state the sale price of the aircraft.
				The buyer must present the invoice to the commissioner with his return and
				payment of the tax.
2. Basis of
				tax. The basis of the tax is the sale price, including any amount credited for
				trade-in or any other transaction of like nature, except that if the aircraft
				is first used or stored for use in Virginia six months or more after its
				acquisition, the tax will be based on the current market value.
a. Under the regulated definition of
				"aircraft," the six-month period referred to in this section begins only when a
				plane is capable of flight.
Example 1: Individual D purchased in Virginia on January 1,
				  1982, an inoperable wrecked plane. The aircraft was stored for repairs until
				  September 1, 1982, when the aircraft license application was made. The aircraft
				  sales and use tax is levied on the acquisition cost on September 1, 1982, when
				  the plane qualified as an "aircraft." No credit is allowable for the retail
				  sales and use tax imposed pursuant to Chapter 6 (§ 58.1-600 et seq.) of
				  Title 58.1 of the Code of Virginia paid on the purchase of repair parts.
Example 2: Individual E purchased an aircraft in Maryland on
				  January 1, 1982, and used it in Maryland until September 1, 1982, when licensed
				  for use in Virginia. The tax is levied on the current market value of the
				  aircraft on September 1, 1982, since it was brought into Virginia for use more
				  than six months after acquisition.
Example 3: On January 1, 1982, individual A purchased an
				  inoperable wrecked plane in North Carolina and transported the wreckage to
				  Virginia on the day of purchase. The plane was brought into Virginia for
				  restoration and ultimate use in the Commonwealth. The repairs were completed
				  and the aircraft license application was made on September 1, 1982. The tax is
				  levied on September 1, 1982, on the original cost of the wrecked plane plus
				  restoration cost. The plane did not qualify as an aircraft in Virginia until
				  capable of flight and therefore the tax is levied at such date.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 220 - AIRCRAFT SALES AND USE TAX › Section 23VAC10-220-30 - Credit against tax

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Generally. A credit will be given against the Virginia aircraft sales and use
				tax imposed on the use of aircraft in Virginia for the amount of tax paid by
				the owner to another state by reason of the imposition of a similar tax on his
				purchase or use of the aircraft.
1. For
				purposes of this section, the term "similar tax" includes a general retail
				sales and use tax or titling tax imposed with respect to aircraft.
2. In order to obtain credit in this
				Commonwealth for any similar tax paid to another state for the purchase or use
				of an aircraft, a copy of the invoice covering the transaction must be
				furnished, showing tax billed and the state to which paid. If required by the
				Tax Commissioner, an affidavit shall be furnished stating that such tax has
				been paid and not refunded.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 220 - AIRCRAFT SALES AND USE TAX › Section 23VAC10-220-40 - Exemptions

Current through Register Vol. 40, No. 24, July 15, 2024
The aircraft sales and use tax does not apply to sales to or
				  use by the United States or any of the governmental agencies thereof, the
				  Commonwealth of Virginia or any political subdivisions thereof, or any airline
				  operating in intrastate, interstate or foreign commerce as a common carrier
				  providing scheduled air service on a continuing basis to one or more Virginia
				  airports.
1. For sales to the United
				States, the Commonwealth of Virginia or any political subdivision to be exempt
				from the tax, the purchases must be pursuant to required official purchase
				orders to be paid for out of public funds. Sales to governmental employees for
				their own use are taxable. If pursuant to an official purchase order, the tax
				will not apply to sales to or use by officers' clubs, noncommissioned officers'
				clubs, officers' messes, noncommissioned officers' messes, and post exchanges
				organized, operated and controlled under Department of Defense Regulations. The
				exemption does not cover individuals or organizations operating on a military
				reservation in their own right. No person is relieved from liability for
				payment of, collection of, or accounting for the tax on the ground that the
				sale or use occurred in whole or in part within a federal area.
2. For purposes of this section, the phrase
				"use by" relates to the exempt use in this state of any aircraft purchased
				without this state. It has no application in cases where the renter, lessee, or
				other user is a governmental agency since in such cases the tax is levied on
				the dealer's use in his leasing, charter or other business.
3. For purposes of this section, the phrase
				"scheduled air service" means service provided by a single air carrier
				consisting of regularly scheduled flights to one or more Virginia airports at
				least five days per week.
4. An
				aircraft owned and used by an airline only in its operations as a common
				carrier in intrastate, interstate or foreign commerce is exempt from Virginia
				aircraft sales and use tax.
a. For purposes of
				this exemption, an aircraft acquired under a leasing or rental agreement
				constituting a "sale" as defined in
				23VAC10-220-5 shall be deemed to
				be owned by the lessee.
b. For
				purposes of this exemption, the sale price or value of an aircraft owned by an
				airline and used in non-exempt intrastate operations as a contract carrier as
				well as exempt operations will be apportioned on the basis of such use.
Note: The exemptions of this section do not apply with
				  respect to rentals or leases not qualified as sales, or charters, in the case
				  of a dealer who pays a gross receipts tax under the dealer exclusion, as the
				  gross receipts tax is levied on the dealer and not upon the renter, lessee, or
				  other user.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 220 - AIRCRAFT SALES AND USE TAX › Section 23VAC10-220-50 - Time for payment of tax

Current through Register Vol. 40, No. 24, July 15, 2024
A. Generally. Except for monthly gross
				receipts tax, the aircraft sales and use tax is to be paid by the purchaser or
				user of the aircraft and is to be collected by the Commissioner prior to the
				time the owner applies to the Department of Aviation for, and obtains an
				aircraft license. Application for license is to be made with the Department of
				Aviation. Also see
				23VAC10-220-10.
1. As used in this section, the phrase "prior
				to the time the owner applies to the Department of Aviation for, and obtains an
				aircraft license" refers to the requirement given in § 5.1-5 of the Code
				of Virginia.
2. If an aircraft
				originally acquired for tax exempt use and licensed without payment of the
				Virginia aircraft sales and use tax is subsequently utilized for non-exempt
				purposes, it then becomes subject to tax based on the lower of its cost or
				current market value.
3. If no
				license is required for an aircraft under § 5.1-5 of the Code of Virginia,
				then the Virginia aircraft sales and use tax will not be levied on the
				aircraft, unless transferred under a lease defined as a sale under
				23VAC10-220-5.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 220 - AIRCRAFT SALES AND USE TAX › Section 23VAC10-220-60 - Election by commercial dealer, revocation, eligibility

Current through Register Vol. 40, No. 24, July 15, 2024
A. Generally. A dealer must make application
				to the Department of Taxation and receive approval prior to operation of the
				aircraft.
B. Dealer electing to be
				subject to dealer exclusion; revocation.
1.
				Any dealer who elects the dealer exclusion must apply to the Department of
				Taxation, on forms provided upon request, prior to the operation of any
				aircraft under the dealer exclusion provisions for Virginia aircraft sales and
				use tax. Upon receipt of the dealer's application for dealer exclusion, the
				Department of Taxation will notify the dealer of its action.
2. The dealer who receives approval from the
				Department of Taxation, can revoke such election only by permission of the Tax
				Commissioner.
3. Any person who
				revokes an election made under the dealer exclusion provision will be
				ineligible to elect dealer exclusion for two years following the
				revocation.
4. Any person who
				revokes his election immediately becomes liable for the Virginia aircraft sales
				and use tax levied on aircraft sold.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 220 - AIRCRAFT SALES AND USE TAX › Section 23VAC10-220-70 - Retention of documents; examination by Commissioner

Current through Register Vol. 40, No. 24, July 15, 2024
A. Generally. Any person who sells an
				aircraft in Virginia must retain a copy of the invoice required by §
				58.1-1503 of the Code of Virginia for six years following the sale. Any dealer
				taxed on gross receipts under the dealer exclusion provisions must retain a
				copy of all invoices for lease, charter or other usage of aircraft for six
				years following the transaction.
B.
				Invoice information thereon. Each invoice must accurately describe the aircraft
				sold, leased or used.
1. Aircraft sales
				invoice. Sales invoices must contain a complete description of the aircraft
				sold, including its sale price, its make, model, year, manufacturer's serial
				number and date of purchase.
2.
				Dealer's monthly or periodic invoice. For purposes of a dealer's monthly or
				periodic invoice for lease, rental or other usage of aircraft, the required
				description is limited to make, model and year; provided the dealer retains a
				copy of the original purchase invoice for each aircraft so used. The dealer
				must also maintain a complete record of the gross receipts derived from the
				rental, lease, charter or other usage of each aircraft, whether placed under
				the dealer exclusion or not, with each such aircraft identified by its FAA
				registration number. It shall be prima facie evidence that the receipts are
				subject to the two percent tax monthly if the records do not clearly show that
				such income was derived from an aircraft on which the tax was paid at the time
				of purchase.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 220 - AIRCRAFT SALES AND USE TAX › Form - FORMS (23VAC10-220)

Current through Register Vol. 40, No. 24, July 15, 2024
Dealer's Aircraft Sales and Use Tax Return, Form AST-2 (rev.
				  5/06)
Virginia
				  Aircraft Sales and Use Tax Return, Form AST-3 (rev. 7/2012)
Sales
				  and Use Tax Certificate of Exemption, Form ST-10 (rev. 9/2015)
(For a
				  Virginia dealer who purchases tangible personal property for resale, or for
				  lease or rental, or who purchases materials or containers to package tangible
				  personal property for sale.)
Retail
				  Sales and Use Tax Return, Form ST-9 (rev. 3/2013)
Business
				  Registration Application, Form R-1 (rev. 9/2016)
Statutory Authority: § 58.1-203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 230 - WATERCRAFT SALES AND USE TAX › Section 23VAC10-230-20 - Watercraft exclusion

Current through Register Vol. 40, No. 24, July 15, 2024
Watercraft as defined in § 58.1-1401 of the Code of
				  Virginia are not subject to the Virginia retail sales and use tax imposed by
				  Chapter 6 (§ 58.1-600 et seq.) of Title 58.1 but are subject to the 2.0%
				  watercraft sales and use tax imposed by Chapter 14 (§ 58.1-1400 et seq.)
				  of Title 58.1 of the Code of Virginia.
Statutory Authority
§ 58.1-203 of the Code of Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 230 - WATERCRAFT SALES AND USE TAX › Section 23VAC10-230-40 - Tax levied

Current through Register Vol. 40, No. 24, July 15, 2024
A. Generally.
				The Watercraft Sales and Use Tax is imposed at the rate of 2.0% upon the sale
				of every watercraft sold in Virginia that is required to be titled with the
				Department of Game and Inland Fisheries and upon the use in Virginia of any
				watercraft that is required to be titled with the Department of Game and Inland
				Fisheries.
1. There is a $2,000 maximum tax
				limitation on the amount of Watercraft Sales and Use Tax that may be levied on
				the sales price of watercraft sold in Virginia, on the sales price of
				watercraft sold elsewhere but required to be titled in Virginia, and on the
				market value of watercraft first required to be titled in Virginia six months
				or more after its acquisition. This maximum tax limitation does not apply to
				leases, charters or other uses of watercraft subject to the Watercraft Sales
				and Use Tax.
2. If the watercraft
				is not sold in Virginia and is first required to be titled in Virginia six
				months or more after its acquisition, the tax is imposed at 2.0% of the current
				market value of the watercraft if such current market value is less than the
				sales price of the watercraft including the cost of any modifications,
				improvements or additions subsequent to initial acquisition.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 230 - WATERCRAFT SALES AND USE TAX › Section 23VAC10-230-71 - Transfer of watercraft repair parts, accessories, attachments, and lubricants, not included in the same transaction with the transfer of the watercraft

Current through Register Vol. 40, No. 24, July 15, 2024
Sales of all watercraft repair parts, accessories,
				  attachments, and lubricants not included in the same transaction with the
				  transfer of the watercraft are subject to the Virginia Retail Sales and Use Tax
				  and reportable on Form ST-9, Dealer's Retail Sales and Use Tax Return. All such
				  tangible personal property is only subject to the Watercraft Sales and Use Tax
				  when it is considered an attachment thereon or accessory thereto and part of
				  the sales price. See
				  23VAC10-210-6060 for more
				  information on the application of the retail sales and use
				  tax.
Statutory Authority
§ 58.1-203 of the Code of Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 230 - WATERCRAFT SALES AND USE TAX › Section 23VAC10-230-75 - Dealer exclusion

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Generally. Any person determined by the Tax Commissioner to be a dealer and who
				desires to transfer ownership in watercraft without first titling them, must
				apply with the Tax Commissioner for a dealer certificate of registration.
If a person is determined by the Tax Commissioner to be a
				  dealer in watercraft and is registered, he will be exempt from the Watercraft
				  Sales and Use Tax as to all watercraft he purchases for resale or for lease,
				  charter, or other use for compensation. However, a registered dealer is subject
				  to a tax of 2.0% of the gross receipts from the lease, charter, or other use of
				  any watercraft so used.
B.
				Gross receipts. Gross receipts includes hourly rental, maintenance, and all
				other charges for use of such watercraft. Also, unless separately stated on the
				invoice, gross receipts includes charges for piloting, crew, or other services
				in connection with the use of such watercraft.
For purposes of the dealer exclusion, the dealer is the user
				  of the watercraft and is subject to tax on his gross receipts. Therefore, gross
				  receipts from rentals, leases or charters to the United States or any
				  governmental agencies thereof, or to the Commonwealth of Virginia or any
				  political subdivision thereof, are includible in the dealer's gross receipts
				  and subject to the tax.
Statutory Authority
§ 58.1-203 of the Code of Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 230 - WATERCRAFT SALES AND USE TAX › Section 23VAC10-230-90 - Payment of tax required for title

Current through Register Vol. 40, No. 24, July 15, 2024
A. Generally. The watercraft sales and use
				tax is to be paid by the purchaser or user of watercraft and is to be collected
				by the Tax Commissioner at the time the owner is required to apply for a title
				for the watercraft.
1. If a watercraft
				originally acquired for tax exempt use and titled without payment of tax is
				subsequently utilized for nonexempt purposes, it then becomes subject to the
				tax based on the lower of its cost or current market value.
2. If no title is required on a watercraft,
				then the watercraft sales and use tax will not be levied on the watercraft
				unless the owner chooses to apply for a title with the Department of Game and
				Inland Fisheries.
Unless a watercraft is exempt from the Watercraft Sales and
				  Use Tax, title may not be issued unless the applicant shows to the satisfaction
				  of the Department of Game and Inland Fisheries that the tax has been
				  paid.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 230 - WATERCRAFT SALES AND USE TAX › Section 23VAC10-230-110 - Retention of documents

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Seller of watercraft. Any person who sells a watercraft in Virginia must retain
				a copy of the invoice required by § 58.1-1403 of the Code of Virginia for
				six years following the sale (See
				23VAC10-230-100 ).
B. Dealer paying gross receipts tax. Any
				dealer taxed on gross receipts under § 58.1-1402 of the Code of Virginia
				(see 23VAC10-230-70 ) must retain a
				copy of all invoices for lease, charter or other usage of watercraft for six
				years following the transaction.
C.
				Invoice information therein. Each invoice must accurately describe the
				watercraft sold, leased or used.
1. Watercraft
				sales invoices must contain a complete description of the watercraft sold,
				including its sales price, its make, model, year, length, builder's hull
				number, if any, and the manufacturer's engine serial number, if an inboard; for
				an outboard motor, its make, model, year, horsepower, and manufacturer's serial
				number.
2. For purposes of a
				dealer's monthly or periodic invoice for lease, rental or other usage of
				watercraft, the required description is limited to make, model and year;
				provided the dealer retains a copy of the original purchase invoice for each
				watercraft so used. See also
				23VAC10-230-100.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 230 - WATERCRAFT SALES AND USE TAX › Section 23VAC10-230-120 - Credit for payment of tax

Current through Register Vol. 40, No. 24, July 15, 2024
A. Credit will be given against the Virginia
				Watercraft Sales and Use Tax imposed on the use of watercraft in Virginia for
				the amount of tax paid by the owner to another state on his purchase or use of
				the watercraft. The credit is primarily applicable to sales or use taxes paid
				by the owner on the purchase or use of a watercraft prior to its use in
				Virginia.
B. Credit against the tax
				will not be given for Virginia retail sales tax paid on component parts or kits
				used in construction of a watercraft. Whereas watercraft constructed by
				commercial watermen for their own use are exempt from the tax under §
				58.1-1404 of the Code of Virginia, watercraft constructed by a person other
				than a commercial waterman will be subject to the watercraft sales and use tax
				in order to be titled in Virginia.
Example 1. A moved his residence to Virginia and brought with
				  him a watercraft purchased two years before in the state of his former
				  residence. The watercraft was originally purchased for $20,000 and sales tax
				  was paid in the amount of $600 to the state of his former residence. The
				  published pricing guide value of the watercraft when moved into Virginia was
				  $16,000. Since the watercraft was not required to be titled in Virginia until
				  six months or more after its acquisition, the Virginia watercraft use tax will
				  be 2.0% of its current market value, or $320. The credit for a similar tax paid
				  to another state completely offsets the Virginia watercraft tax.
Example 2. X purchased a watercraft in State A which imposed
				  no tax on the purchase; the watercraft was used in State C and a use tax was
				  imposed by State C in the amount of $200. X then moved the watercraft to
				  Virginia for use in this Commonwealth and the Virginia watercraft use tax based
				  on the lower of original cost or current market value was $320. X required to
				  pay $120 Virginia watercraft use tax ($320 tax liability less $200 credit for a
				  similar tax paid to another state.)
Example 3. Y purchased parts and materials and built a
				  watercraft valued at $12,000 when completed and required to be titled in
				  Virginia. The watercraft use tax liability was $240 and Y sought credit for
				  $200 Virginia retail sales tax which he paid on parts and materials purchased
				  to construct the watercraft. No credit was allowable because no similar tax was
				  paid to Virginia or to another state on the watercraft. The tax paid on parts
				  and materials is not considered a similar tax paid on the purchase or use of
				  the watercraft.
Statutory Authority
§ 58.1-203 of the Code of Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 230 - WATERCRAFT SALES AND USE TAX › Form - FORMS (23VAC10-230)

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Watercraft Sales and Use Tax Return, Form WCT-2
				  (rev. 7/05).
Virginia Watercraft Sales and Use Tax Work Sheet, Form
				  WCT-2A (rev. 10/04).
Individual Watercraft Tax Worksheet, Form WCT-3A (rev.
				  9/97).
Sales and Use Tax Certificate of Exemption (For dealers who
				  purchase tangible personal property for resale, lease or rental), Form ST-10
				  (rev. 10/99).
Business Registration Application, Form R-1 (rev.
				  3/08).
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 310 - TAX ON WILLS AND ADMINISTRATION › Section 23VAC10-310-20 - Levy

Current through Register Vol. 40, No. 24, July 15, 2024
The following are examples of the application or
				  nonapplication of the tax:
1. The tax
				is imposed even if a will is probated without qualification.
2. A will, already admitted to probate and on
				which a tax has been paid in a Virginia court, will not be taxed in order to be
				recorded in any other Virginia county or city where there is real or personal
				property subject to the will. See § 64.2-455 of the Code of
				Virginia.
3. The qualification of
				an administrator de bonis non (D.B.N.), is ordinarily not subject to tax when
				the tax has been paid on the original qualification of the personal
				representative; however, if the estate value has been determined to be in
				excess of the originally taxed value, the excess is taxable.
4. The filing of an affidavit with the clerk
				of court relating to real estate of an intestate decedent is not subject to
				tax. See § 64.2-510 of the Code of Virginia.
5. A recovery for death by wrongful act is
				not taxable because it does not pass property by will or by
				intestacy.
Statutory Authority: § 58.1-203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 310 - TAX ON WILLS AND ADMINISTRATION › Section 23VAC10-310-30 - Value of estate

Current through Register Vol. 40, No. 24, July 15, 2024
A.
1. Resident. Upon the probate of the will of
				a resident decedent who owned real, tangible and intangible personal property,
				the tax is measured by the value of all intangible property wherever located
				and the value of the real and tangible property located in Virginia. "Resident"
				means a decedent who was domiciled in the Commonwealth of Virginia at his
				death.
2. Nonresident. Upon the
				probate of an authenticated copy of the will of a nonresident decedent, the tax
				is measured only by the value of the real or tangible property located in the
				Commonwealth. See § 64.2-450 of the Code of Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 310 - TAX ON WILLS AND ADMINISTRATION › Section 23VAC10-310-50 - Local tax

Current through Register Vol. 40, No. 24, July 15, 2024
If a county or city tax is imposed in an amount of one-third
				  of the amount of the state tax, according to the provisions of §§
				  58.1-3805 through 58.1- 3808, Code of Virginia, the provisions of these
				  regulations will also apply to such tax.
Statutory Authority
§§ 58.1-203 and 58.1-1718 of the Code of
					 Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 320 - RECORDATION TAX REGULATIONS › Section 23VAC10-320-10 - Preface

Current through Register Vol. 40, No. 24, July 15, 2024
The recordation tax is not a tax on property but on a civil
				  privilege, i.e., the privilege of utilizing the registration laws of Virginia.
				  The tax is generally measured by the consideration or actual (fair market)
				  value of the property transferred, whichever is greater, and the amount of
				  bonds or other obligations secured by deeds of trust or
				  mortgages.
Statutory Authority
§§ 58.1-203 and 58.1-800 of the Code of
					 Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 320 - RECORDATION TAX REGULATIONS › Section 23VAC10-320-30 - Additional tax paid by grantor

Current through Register Vol. 40, No. 24, July 15, 2024
A. A tax is imposed, in addition to any other
				recordation tax, upon deeds, instruments, or other writings whereby realty sold
				is granted, assigned, transferred, or otherwise conveyed to or vested in the
				purchaser or, at his direction any other person, when the consideration for, or
				value of, the interest or property conveyed, exclusive of the value of any lien
				or encumbrance remaining thereon at the time of sale, exceeds $100.
The term "sold" imports a transfer of an interest for a
				  valuable consideration, which may be money or anything of value.
B. The tax is based upon the net
				consideration. In determining the amount of the net consideration, only the
				amount of the liens and encumbrances on the property existing before the sale
				and not removed thereby may be deducted. The value of the lien or encumbrance
				remaining on the property sold, regardless of whether such lien is assumed or
				sold subject to such lien or encumbrance, is deductible.
C. The legal incidence of the tax imposed by
				§ 58.1-802 of the Code of Virginia is on the grantor and not the grantee.
				This is a matter between the grantor and the grantee, and the clerk cannot be
				expected to ascertain who is bearing the economic burden of the tax. The clerk
				should not admit the deed to record until the tax is paid, whether it is paid
				by the grantor, the grantee, or some other person.
D. Examples of deeds taxable under §
				58.1-802 of the Code of Virginia:
1. A
				conveyance of realty in exchange for other property.
2. A conveyance of realty in consideration of
				life maintenance. The consideration or value of the interest is the net value
				of the realty conveyed.
3. A
				conveyance by a defaulting mortgagor to the mortgagee in consideration of the
				cancellation of the mortgage debt. The consideration or value of the interest
				is the amount of the unpaid mortgage plus unpaid accrued interest.
4. A deed given by a trustee in a deed of
				trust for realty sold under foreclosure. The tax is computed on the accepted
				bid for the property plus costs if paid by the purchaser.
5. A conveyance of realty by or pursuant to a
				judgment or decree in a condemnation proceeding or a conveyance of such
				property under threat or imminence of such proceeding.
6. If a deed is given by an executor in
				accordance with the terms of a will and, by reason of a consideration passing
				between devisees, one of them takes a greater share in the realty than that to
				which he is entitled under the will, the deed given by the executor to convey
				such greater share is taxable on the consideration.
7. If in a partition deed some of the parties
				take shares greater in value than their undivided interest, a tax attaches to
				each deed conveying such greater share computed upon the
				consideration.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 320 - RECORDATION TAX REGULATIONS › Section 23VAC10-320-40 - Deeds of trust or mortgages

Current through Register Vol. 40, No. 24, July 15, 2024
A. Examples of deeds of trust, mortgages and
				supplemental indentures taxable under § 58.1-803 of the Code of Virginia:
1. A deed of trust secured by real estate
				with a lesser value than the note. For example, if real estate valued at
				$30,000 secures a note of $160,000, the tax is based upon the value of the real
				estate.
2. A supplemental indenture
				to a mortgage where the tax upon the initial mortgage has been paid, the tax is
				imposed only on the amount of the supplemental indenture.
3. A deed of trust given to secure a loan
				made by the Virginia Housing Development Authority.
4. A deed of trust securing a loan guaranteed
				by a federal agency.
5. An
				indemnity deed of trust on Virginia real estate. An indemnity deed of trust or
				mortgage is "a mortgage which secures a guaranty rather than the primary
				loan."