Bill Text: VA HB434 | 2014 | Regular Session | Prefiled
Bill Title: Machinery and tools, merchants' capital, and BPOL taxes; maximum rates established.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-03 - Continued to 2015 in Finance by voice vote [HB434 Detail]
Download: Virginia-2014-HB434-Prefiled.html
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14100780D Be it enacted by the General Assembly of Virginia: 1. That §§58.1-3509 and 58.1-3706 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Chapter 35 of Title 58.1 an article numbered 2.1, consisting of a section numbered 58.1-3508.6, as follows: §58.1-3508.6. Maximum tax on machinery and tools. No rate or assessment ratio in any county, city, or town on any classification or subclassification of machinery and tools used in a business shall be greater than such rate and ratio applicable to such classification or subclassification as of January 1, 2014, regardless of whether such business machinery and tools is taxed under Article 2 (§58.1-3507 et seq.) or as tangible personal property. §58.1-3509. Merchants' capital subject to local taxation; rate limit. The capital of merchants is segregated for local taxation only; however, no county, city, or town shall be required to impose a tax on such capital. However, no rate or assessment ratio in any county, city, or town for merchants' capital shall be greater than such rate and ratio as was in effect in such county, city, or town on January 1, 1978. Further, no rate or assessment ratio in any county, city, or town on any classification or subclassification of merchants' capital shall be greater than such rate and ratio applicable to such classification or subclassification as of January 1, 2014. §58.1-3706. Limitation on rate of license taxes. A. Except as specifically provided in this section and except
for the fee authorized in §58.1-3703, no local license tax imposed pursuant to
the provisions of this chapter, except §§58.1-3712, 58.1-3712.1, and 58.1-3713 1. For contracting, and persons constructing for their own account for sale, sixteen cents per $100 of gross receipts; 2. For retail sales, twenty cents per $100 of gross receipts; 3. For financial, real estate and professional services, fifty-eight cents per $100 of gross receipts; and 4. For repair, personal and business services, and all other businesses and occupations not specifically listed or excepted in this section, thirty-six cents per $100 of gross receipts. The rate limitations prescribed in this section shall not be applicable to license taxes on (i) wholesalers, which shall be governed by § 58.1-3716; (ii) public service companies, which shall be governed by § 58.1-3731; (iii) carnivals, circuses and speedways, which shall be governed by §58.1-3728; (iv) fortune-tellers, which shall be governed by §58.1-3726; (v) massage parlors; (vi) itinerant merchants or peddlers, which shall be governed by §58.1-3717; (vii) permanent coliseums, arenas, or auditoriums having a maximum capacity in excess of 10,000 persons and open to the public, which shall be governed by §58.1-3729; (viii) savings institutions and credit unions, which shall be governed by §58.1-3730; (ix) photographers, which shall be governed by §58.1-3727; and (x) direct sellers, which shall be governed by §58.1-3719.1. B. Any county, city or town which had, on January 1, 1978, a license tax rate, for any of the categories listed in subsection A, higher than the maximum prescribed in subsection A may maintain a higher rate in such category, but no higher than the rate applicable on January 1, 1978, subject to the following conditions: 1. A locality may not increase a rate on any category which is at or above the maximum prescribed for such category in subsection A. 2. If a locality increases the rate on a category which is below the maximum, it shall apply all revenue generated by such increase to reduce the rate on a category or categories which are above such maximum. 3. A locality shall lower rates on categories which are above the maximums prescribed in subsection A for any tax year after 1982 if it receives more revenue in tax year 1981, or any tax year thereafter, than the revenue base for such year. The revenue base for tax year 1981 shall be the amount of revenue received from all categories in tax year 1980, plus one-third of the amount, if any, by which such revenue received in tax year 1981 exceeds the revenue received for tax year 1980. The revenue base for each tax year after 1981 shall be the revenue base of the preceding tax year plus one-third of the increase in the revenues of the subsequent tax year over the revenue base of the preceding tax year. If in any tax year the amount of revenues received from all categories exceeds the revenue base for such year, the rates shall be adjusted as follows: The revenues of those categories with rates at or below the maximum shall be subtracted from the revenue base for such year. The resulting amount shall be allocated to the category or categories with rates above the maximum in a manner determined by the locality, and divided by the gross receipts of such category for the tax year. The resulting rate or rates shall be applicable to such category or categories for the second tax year following the year whose revenue was used to make the calculation. C. Any person engaged in the short-term rental business as defined in §58.1-3510.4 shall be classified in the category of retail sales for license tax rate purposes. D. 1. Any person, firm, or corporation designated as the principal or prime contractor receiving identifiable federal appropriations for research and development services as defined in §31.205-18 (a) of the Federal Acquisition Regulation in the areas of (i) computer and electronic systems, (ii) computer software, (iii) applied sciences, (iv) economic and social sciences, and (v) electronic and physical sciences shall be subject to a license tax rate not to exceed three cents per $100 of such federal funds received in payment of such contracts upon documentation provided by such person, firm, or corporation to the local commissioner of revenue or finance officer confirming the applicability of this subsection. 2. Any gross receipts properly reported to a Virginia locality, classified for license tax purposes by that locality in accordance with subdivision 1 of this subsection, and on which a license tax is due and paid, or which gross receipts defined by subdivision 1 of this subsection are properly reported to but exempted by a Virginia locality from taxation, shall not be subject to local license taxation by any other locality in the Commonwealth. 3. Notwithstanding the provisions of subdivision D 1, in any county operating under the county manager plan of government, the following shall govern the taxation of the licensees described in subdivision D 1. Persons, firms, or corporations designated as the principal or prime contractors receiving identifiable federal appropriations for research and development services as defined in §31.205-18 (a) of the Federal Acquisition Regulation in the areas of (i) computer and electronic systems, (ii) computer software, (iii) applied sciences, (iv) economic and social sciences, and (v) electronic and physical sciences may be separately classified by any such county and subject to tax at a license tax rate not to exceed the limits set forth in subsections A through C above as to such federal funds received in payment of such contracts upon documentation provided by such persons, firms, or corporations to the local commissioner of revenue or finance officer confirming the applicability of this subsection. E. In any case in which the Department of Mines, Minerals and Energy determines that the weekly U.S. Retail Gasoline price (regular grade) for PADD 1C (Petroleum Administration for Defense District - Lower Atlantic Region) has increased by 20% or greater in any one-week period over the immediately preceding one-week period and does not fall below the increased rate for at least 28 consecutive days immediately following the week of such increase, then, notwithstanding any tax rate on retailers imposed by the local ordinance, the gross receipts taxes on fuel sales of a gas retailer made in the following license year shall not exceed 110% of the gross receipts taxes on fuel sales made by such retailer in the license year of such increase. For license years beginning on or after January 1, 2006, every gas retailer shall maintain separate records for fuel sales and nonfuel sales and shall make such records available upon request by the local tax official. The provisions of this subsection shall not apply to any person or entity (i) not conducting business as a gas retailer in the county, city, or town for the entire license year immediately preceding the license year of such increase or (ii) that was subject to a license fee in the county, city, or town pursuant to §58.1-3703 for the license year immediately preceding the license year of such increase. The Department of Mines, Minerals and Energy shall determine annually if such increase has occurred and remained in effect for such 28-day period. F. Notwithstanding any other provision of law, a locality shall not impose a fee pursuant to this chapter on any classification or subclassification of business in excess of the rate of the fee imposed by the locality on the classification or subclassification as of January 1, 2014. Nor shall a locality impose a tax pursuant to this chapter on any classification or subclassification of business in excess of the rate of the tax imposed by the locality on the classification or subclassification as of January 1, 2014. The provisions of this subsection shall not be construed or interpreted as prohibiting a locality from imposing a local license tax on the Virginia taxable income of a business pursuant to §58.1-3702, provided that the tax shall not exceed the rate of tax imposed by the locality on the classification or subclassification of business as of January 1, 2014. Any locality that imposes a local license tax on Virginia taxable income on or after January 1, 2014, may not thereafter impose such tax on gross receipts. |
