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Last modified
7/24/2000 10:00:30 PM
Creation date
5/12/2000 2:33:37 PM
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LICENSES § 11-25 <br /> <br /> situs of its purchases by the definite place of business at which or from which <br /> deliveries of the purchased goods, wares and merchandise are made to customers. Any <br /> wholesaler who is subject to license tax in two or more localities and who is subject to <br /> multiple taxation because the localities use different measures, may apply to the <br /> department of taxation for a determination as to the proper measure of purchases and <br /> gross receipts subject to license tax in each locality. <br /> <br /> (3) The gross receipts of a business renting tangible personal property shall be attributed <br /> to the definite place of business from which the tangible personal property is rented <br /> or, ff the property is not rented from any defmite place of business, then the definite <br /> place of business at which the rental of such property is managed. <br /> <br /> (4) The gross receipts from the performance of services shall be attributed to the definite <br /> place of business at which the services are performed or, if not performed at any <br /> definite place of business, then the definite place of b, usiness from which the services <br /> are directed or controlled. <br /> <br /> (b) Apportionment. If the licensee has more than one (1) definite place of business and it <br />is impractical or impossible to determine to which definite place of business gross receipts <br />should be attributed under the general rule (and the affected jurisdictions are unable to reach' <br />an apportionment agreement), except as to circumstances set forth in section 58.1-3709 of the <br />Code of Virginia, the gross receipts of the business shall be apportioned between the definite <br />places of businesses on the basis ofpayroll. Gross receipts shall not be apportioned to a definite <br />place of business nnless some activities under the applicable general rule occurred at, or were <br />controlled from, such definite place of business. Gross receipts attributable to definite place of <br />business in another jurisdiction shah not be attributed to this jurisdiction solely because the <br />other jurisdiction does not impose a tax on the gross receipts attributable to the definite place <br />of business in such other jurisdiction. <br /> <br /> (c) Agreements. The assessor may enter into agreements with any other political subdi- <br />vision of Virginia concerning the manner in which gross receipts shall be apportioned among <br />definite places of business. However, the sum of the gross receipts apportioned by the <br />agreement shall not exceed the total gross receipts attributable to all of the definite places of <br />business affected by the agreement. Upon being notified by a taxpayer that its method of <br />aLtributing gross receipts is fundamentally inconsistent with the method of one (1) or more <br />political subdivisions in which the taxpayer is licensed to engage in business and that the <br />difference has, or is Ilkely to, result in taxes on more than one hundred (100) percent of its <br />gross receipts from all locations in the affected jurisdictions, the assessor shall make a good <br />faith effort to reach an apportionment agreement with the other political subdivisions <br />involved. <br /> (Ord. No. 96-13, § ll-I(D), 11-26-96) <br /> <br />Sec. 11-25. Limitations and extensions. <br /> <br /> (a) Where, before the expiration of the time prescribed for the assessment of any license <br />tax imposed pursuant to this article, both the assessing official and the taxpayer have <br /> <br />Supp. No. 40 671 <br /> <br /> <br />
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