ARTICLE I. BUSINESS LICENSE TAX
IN GENERAL; ADMINISTRATION
Sec. 14-2.
Exemptions.
(a) No person having gross receipts
or purchases from all businesses engaged in totaling in the aggregate one hundred thousand
dollars ($100,000.00) or less in any license year shall be required to pay any license
tax; however, all such persons shall apply for the license required and shall pay an
administrative fee as set forth below. This exemption shall not apply to those businesses
upon which taxes are imposed by subsection 14-28(a), (b) and (c), and paragraphs
14-28(d)(2), (4), (5), and (6). Businesses taxed on gross receipts over $100,000 shall not
be required to pay a license fee.
Gross receipts |
Administrative fee |
|
$1.00 to $4,000 |
$ 1.00 |
|
$4,001 to $25,000 |
$30.00 |
|
$25,001 to $100,000 |
$50.00 |
|
$100,000 and over |
None |
(Ord. No. O97-26, 10/1/97)
(b) As required by § 58.1-3703.C.,
Code of Virginia, no license fee or license tax shall be imposed on the following:
1. On any public service
corporation except as provided in § 58.1-3731, Code of Virginia, or as permitted by other
provisions of law;
2. For selling farm or domestic
products or nursery products, ornamental or otherwise, or for the planting of nursery
products, as an incident to the sale thereof, outside of the regular market houses and
sheds of the county; provided, such products are grown or produced by the person offering
such products for sale;
3. Upon the privilege or right of
printing or publishing any newspaper, magazine, newsletter or other publication issued
daily or regularly at average intervals not exceeding three months, provided the
publications subscription sales are exempt from state sales tax, or for the
privilege or right of operating or conducting any radio or television broadcasting station
or service;
4. On a manufacturer for the
privilege of manufacturing and selling goods, wares and merchandise at wholesale at the
place of manufacture;
5. On a person engaged in the
business of 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, Code of Virginia;
6. Upon 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 the county. This subdivision shall
not be construed as prohibiting the county from imposing a local license tax on a peddler
at wholesale pursuant to § 58.1-3718, Code of Virginia;
7. Upon any person, firm or
corporation for engaging in the business of renting, as the owner of such property, real
property other than hotels, motels, motor lodges, auto courts, tourist courts, travel
trailer parks, lodging houses, rooming houses and boardinghouses;
8. Upon a wholesaler or retailer
for the privilege of selling bicentennial medals on a nonprofit basis for the benefit of
the Virginia Independence Bicentennial Commission or any local bicentennial commission;
9. On or measured by receipts for
management, accounting, or administrative services provided on a group basis under a
nonprofit cost-sharing agreement by a corporation which is an agricultural cooperative
association under the provisions of Chapter 3, Article 2 (§ 13.1-312, et seq.), Title
13.1, Code of Virginia, or a member or subsidiary or affiliated association thereof, to
other members of the same group. This exemption shall not exempt any such corporation from
such license or other tax measured by receipts from outside the group;
10. On or measured by receipts or
purchases by a corporation which is a member of an affiliated group of corporations from
other members of the same affiliated group. This exclusion shall not exempt affiliated
corporations from such license or other tax measured by receipts or purchases from outside
the affiliated group. This exclusion also shall not preclude a locality from levying a
wholesale merchants license tax on an affiliated corporation on those sales by the
affiliated corporation to a nonaffiliated person, company, or corporation, notwithstanding
the fact that the wholesale merchants license tax would be based upon purchases from
an affiliated corporation. Such tax shall be based on the purchase price of the goods sold
to the nonaffiliated person, company, or corporation. As used in this subdivision the term
"sales by the affiliated corporation to a nonaffiliated person, company or
corporation" shall mean sales by the affiliated corporation to a nonaffiliated
person, company or corporation where goods sold by the affiliated corporation or its agent
are manufactured or stored in the Commonwealth prior to their delivery to the
nonaffiliated person, company or corporation.
11. On any insurance company
subject to taxation under Chapter 25 (§ 58.1-2500 et seq.) of this title 58.1, Code of
Virginia, or on any agent of such company;
12. On any bank or trust company
subject to taxation in Chapter 12 (§ 58.1-1200 et seq.) of this title 58.1, Code of
Virginia;
13. Upon a taxicab driver, if the
locality has imposed a license tax upon the taxicab company for which the taxicab driver
operates;
14. On any blind person operating a
vending stand or other business enterprise under the jurisdiction of the Department for
the Visually Handicapped, or a nominee of the Department, as set forth in § 63.1-164,
Code of Virginia;
15. On any hospital, college,
university or other institution of learning not organized or conducted for pecuniary
profit which by reason of its purpose or activities is exempt from income tax under the
laws of the United States unless such tax was enacted by the local governing body prior to
January 15, 1991. The provisions of this subdivision shall expire on July 1, 1997;
16. Upon any person who is
authorized to celebrate the rites of marriage under §§ 20-23 and 20-25, Code of
Virginia, and any person who is authorized to solemnize a marriage under § 20-26, Code of
Virginia, provided such gross annual receipts total no more than $500; or
17. On an accredited religious
practitioner in the practice of the religious tenets of any church or religious
denomination. "Accredited religious practitioner" shall be defined as one who is
engaged solely in praying for others upon accreditation by such church or religious
denomination;
18.
a. On or measured by receipts
of a charitable nonprofit organization, except to
the extent the organization has receipts from an unrelated trade or business
the income of which is taxable under Internal Revenue Code § 511 et seq.
For the purpose of this subdivision, "charitable nonprofit organization"
means
an organization which is described in Internal Revenue Code § 170, except that
educational institutions shall be limited to schools, colleges and other similar
institutions of learning;
b. On or measured by gifts,
contributions, and membership dues of a nonprofit
organization. Activities conducted
for consideration which are similar to
activities conducted for
consideration by for-profit businesses shall be
presumed to be activities
that are part of a business subject to licensure. For
the purpose
of this subdivision, "nonprofit organization" means an
organization exempt from federal income tax under Internal Revenue Code §
501
other than charitable nonprofit organizations; or
19. On any venture capital fund or
other investment fund, except commissions and fees of such funds. Gross receipts from the
sale and rental of real estate and buildings remain taxable by the locality in which the
real estate is located provided the locality is otherwise authorized to tax such
businesses and rental of real estate.
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