Laserfiche WebLink
LICENSES § 11-31 <br /> <br />Sec. 11-31. Exclusions and deductions from "gross receipts". <br /> <br /> (a) General rule. Gross receipts for license tax purposes shall not include any amount not <br />derived from the exercise of the licensed privilege to engage in a business or in the ordinary <br />course of the business. <br /> <br /> (b) The following items shall be excluded from gross receipts: <br /> <br /> (1) Amounts received and paid to the United States, the commonwealth or any county, city <br /> or town for the Virginia retail sales or use tax, for any local sales tax, meals tax, for any <br /> local excise tax on cigarettes, or for any federal or state excise tax on motor fuels. <br /> <br /> (2) Any amount representing the liquidation of a debt or conversion of another asset to the <br /> extent that the amount is attributable to a transaction previously taxed.(e.g., the <br /> factoring of accounts receivable created by sales which have been included in taxable <br /> receipts even though the creation of such debt and factoring are a regular part of its <br /> business). <br /> <br /> (3) Any amount representing returns and allowances granted by the business to its <br /> customer. <br /> <br /> (4) Receipts which are the proceeds of a loan transaction in which the licensee is the <br /> obligor. <br /> <br /> (5) Receipts representing the return of principal of a loan transaction in which the <br /> licensee is the creditor, or the proceeds from the sale of a capital asset not part of the <br /> inventory of the business. <br /> <br /> (6) Rebates and discounts taken or received on account of purchases by the licensee. A <br /> rebate or other incen-tive offered to induce the recipient to purchase certain goods or <br /> services.. from a person other than the offeror, and which the recipient assigns to the <br /> licensee in consideration of the sale of goods and services shah not be considered a <br /> rebate or discount to the licensee, but shah be included in the licensee's gross receipts <br /> together with any handling or other fees related to the incentive. <br /> <br /> (7) Withdrawals from inventory for purposes other than sale or distribution and for which <br /> no consideration is received and the occasional sale or exchange of assets other than <br /> inventory, whether or not a gain or loss is recognized for federal income tax purposes. <br /> <br /> (8) Investment income not directly related to the privilege exercised by a licensable <br /> business not classified as rendering financial services. This exclusion shall apply to <br /> interest on bank accounts of the business, and to interest, dividends and other income <br /> derived from the investment of its own funds in securities and other types of <br /> investments unrelated to the licensed privilege. This exclusion shall not apply to <br /> interest, late fees and similar income attributable to an installment sale or other <br /> transaction that occurred in the regular course of business. <br /> <br /> (9) Gross receipts for license tax purposes shall not include the license and admission <br /> taxes established under-sections 59.1-392 and 59.1-393 of the Code of Virginia, <br /> respectively, nor shall it include pari-mutual wagering pools as established under <br /> section 59.1-392 of the Code of Virginia. <br /> <br />Supp. No. 41, Rev. 675 <br /> <br /> <br />