Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 41 - NEIGHBORHOOD ASSISTANCE TAX CREDIT PROGRAM › Section 22VAC40-41-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Affiliate" means with respect to any person, any other
				  person directly or indirectly controlling, controlled by, or under common
				  control with such person. For purposes of this definition, "control" (including
				  controlled by and under common control with) means the power, directly or
				  indirectly, to direct or cause the direction of the management and policies of
				  such person whether through ownership or voting securities or by contract or
				  otherwise.
"Approved organization" means a neighborhood organization
				  that has been found eligible to participate in the Neighborhood Assistance
				  Program.
"Audit" means any audit required under the federal Office of
				  Management and Budget's Circular A-133, or, if a neighborhood organization is
				  not required to file an audit under Circular A-133, a detailed financial
				  statement prepared by an outside independent certified public
				  accountant.
"Business firm" means any corporation, partnership, electing
				  small business (Subchapter S) corporation, limited liability company, or sole
				  proprietorship authorized to do business in this Commonwealth subject to tax
				  imposed by Articles 2 (§ 58.1-320 et seq.) and 10 (§ 58.1-400 et
				  seq.) of Chapter 3, Chapter 12 (§ 58.1-1200 et seq.), Article 1 (§
				  58.1-2500 et seq.) of Chapter 25, or Article 2 (§ 58.1-2620 et seq.) of
				  Chapter 26 of Title 58.1 of the Code of Virginia. "Business firm" also means
				  any trust or fiduciary for a trust subject to tax imposed by Article 6 (§
				  58.1-360 et seq.) of Chapter 3 of Title 58.1 of the Code of Virginia.
"Commissioner" means the Commissioner of Social Services, his
				  designee or authorized representative.
"Community services" means any type of counseling and advice,
				  emergency assistance, medical care, provision of basic necessities, or services
				  designed to minimize the effects of poverty, furnished primarily to low-income
				  persons.
"Contracting services" means the provision, by a business
				  firm licensed by the Commonwealth of Virginia as a contractor under Chapter 11
				  (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia, of labor or
				  technical advice to aid in the development, construction, renovation, or repair
				  of (i) homes of low-income persons or (ii) buildings used by neighborhood
				  organizations.
"Education" means any type of scholastic instruction or
				  scholastic assistance to a low-income person or eligible student with a
				  disability.
"Eligible student with a disability" means a student (i) for
				  whom an individualized educational program has been written and finalized in
				  accordance with the federal Individuals with Disabilities Education Act (IDEA),
				  regulations promulgated pursuant to IDEA, and regulations of the Board of
				  Education and (ii) whose family's annual household income is not in excess of
				  400% of the current poverty guidelines.
"Housing assistance" means furnishing financial assistance,
				  labor, material, or technical advice to aid the physical improvement of the
				  homes of low-income persons.
"Job training" means any type of instruction to an individual
				  who is a low-income person that enables him to acquire vocational skills so
				  that he can become employable or able to seek a higher grade of
				  employment.
"Low-income person" means an individual whose family's annual
				  household income is not in excess of 300% of the current poverty
				  guidelines.
"Neighborhood assistance" means providing community services,
				  education, housing assistance, or job training.
"Neighborhood organization" means any local, regional or
				  statewide organization whose primary function is providing neighborhood
				  assistance and holding a ruling from the Internal Revenue Service of the U.S.
				  Department of the Treasury that the organization is exempt from income taxation
				  under the provisions of § 501(c)(3) or § 501(c)(4) of the Internal
				  Revenue Code of 1986, as amended from time to time, or any organization defined
				  as a community action agency in the Economic Opportunity Act of 1964 (
				  42 USC §
										2701
				  et seq.), or any housing authority as defined in
				  § 36-3 of the Code of Virginia.
"Poverty guidelines" means the poverty guidelines for the 48
				  contiguous states and the District of Columbia updated annually in the Federal
				  Register by the U.S. Department of Health and Human Services under the
				  authority of § 673(2) of the Omnibus Budget Reconciliation Act of
				  1981.
"Professional services" means any type of personal service to
				  the public which requires as a condition precedent to the rendering of such
				  service the obtaining of a license or other legal authorization and shall
				  include, but not be limited to, the personal services rendered by medical
				  doctors, dentists, architects, professional engineers, certified public
				  accountants, attorneys-at-law, and veterinarians.
"Scholastic assistance" means
(i) counseling or supportive services to elementary school,
				  middle school, secondary school, or postsecondary school students or their
				  parents in developing a postsecondary academic or vocational education plan,
				  including college financial options for such students or their parents, or
(ii) scholarships.
Statutory Authority: §§ 58.1-439.20 and 63.2-217
					 of the Code of Virginia.