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1303 Oak Hill Road, Lancaster, VA 22503
Phone: 804-462-7018 Fax:804-462-6225
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1303 Oak Hill Road, Lancaster, VA 22503 Phone: 804-462-7018 Fax:804-462-6225 |
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Legislative Actions of Interest: Note: Changes are in Italics, deletions are lined out, current legislation is in standard text. SENATE BILL NO. 173 Offered
January 9, 2002 Prefiled
January 8, 2002 A BILL to amend and reenact §§ 3.1-1111,
30-133, 46.2-623, 58.1-603, 58.1-604, 58.1-604.1, 58.1-608.3, 58.1-611.1,
58.1-614, 58.1-627, 58.1-628, 58.1-638, and 58.1-3912 of the Code of Virginia,
to amend the Code of Virginia by adding in Title 58.1 a chapter numbered 35.2,
consisting of sections numbered 58.1-3537 and 58.1-3538, and by adding in
Article 5 of Chapter 36 of Title 58.1 a section numbered 58.1-3667, and to
repeal §§ 15.2-1636.20 and 58.1-3916.01 and Chapter 35.1 (§§ 58.1-3523
through 58.1-3536) of Title 58.1 of the Code of Virginia, relating to a sales
and use tax increase with the revenues attributable to such increase used to
make payments to localities in lieu of tangible personal property taxation of
certain motor vehicles and boats. ----------Patron--
Colgan---------- Referred
to Committee on Finance---------- Be it enacted
by the General Assembly of Virginia: 1. That §§ 3.1-1111,
30-133, 46.2-623,
58.1-603,
58.1-604,
58.1-604.1,
58.1-608.3,
58.1-611.1,
58.1-614,
58.1-627,
58.1-628,
58.1-638,
and 58.1-3912
of the Code of Virginia are amended and reenacted, and that the Code of Virginia
is amended by adding in Title 58.1 a chapter numbered 35.2, consisting of
sections numbered 58.1-3537
and 58.1-3538,
and by adding in Article 5 of Chapter 36 of Title 58.1 a section numbered 58.1-3667,
as follows: § 3.1-1111.
Tobacco Indemnification and Community Revitalization Fund; tax credits for
technology industries in tobacco-dependent localities. A. Money
received by the Commonwealth pursuant to the Master Settlement Agreement shall
be deposited into the state treasury subject to the special nonreverting funds
established by subsection B of this section and by § 32.1-360
and shall be included in general fund revenue calculations for purposes of
subsection C of § 58.1-3524
and subsection B of § 58.1-3536.
B. There is
created in the state treasury a special nonreverting fund to be known as the
Tobacco Indemnification and Community Revitalization Fund. The Fund shall be
established on the books of the Comptroller. Fifty percent of the annual amount
received by the Commonwealth from the Master Settlement Agreement shall be paid
into the state treasury and credited to the Fund. Interest earned on moneys in
the Fund shall remain in the Fund and be credited to it. Any moneys remaining in
the Fund, including interest thereon, at the end of each fiscal year shall not
revert to the general fund but shall remain in the Fund. Moneys in the Fund
shall be used solely for the purposes described in this chapter; however,
starting with the fiscal year beginning July 1, 2000, through December 31, 2009,
the Commission may deposit moneys from the Fund into the Technology Initiative
in Tobacco-Dependent Localities Fund, established under § 58.1-439.15,
for purposes of funding the tax credits provided in §§ 58.1-439.13
and 58.1-439.14
and the grants provided in § 58.1-439.17.
Expenditures and disbursements from the Fund shall be made by the State
Treasurer on warrants issued by the Comptroller upon written authorization
signed by the chairman of the Commission or his designee. The Fund shall also
consist of other moneys received by the Commission, from any source, for the
purpose of implementing the provisions of this chapter. C. The
obligations of the Commission shall not be a debt or grant or loan of credit of
the Commonwealth of Virginia, and the Commonwealth shall not be liable thereon,
nor shall such obligations be payable out of any funds other than those credited
to the Fund. § 30-133.
Duties and powers generally. A. The Auditor
of Public Accounts shall audit all the accounts of every state department,
officer, board, commission, institution or other agency handling any state
funds. In the performance of such duties and the exercise of such powers he may
employ the services of certified public accountants, provided the cost thereof
shall not exceed such sums as may be available out of the appropriation provided
by law for the conduct of his office. B. As part of
his normal oversight responsibilities, the Auditor of Public Accounts shall
incorporate into his audit procedures and processes a review process to ensure
that the Commonwealth's payments for qualifying vehicles, as defined in § 58.1-3523,
are consistent with the provisions of §§ 58.1-3525
and 58.1-3526.
The Auditor of Public Accounts shall report to the Governor and the Chairmen of
the Senate Finance Committee annually any material failure by a locality or the
Commonwealth to comply with the provisions of Chapter 35.1 (§ 58.1-3523
et seq.) of Title 58.1. CB. The Auditor of Public Accounts when called upon by the Governor
shall examine the accounts of any institution maintained in whole or in part by
the Commonwealth and, upon the direction of the Comptroller, shall examine the
accounts of any officer required to settle his accounts with him; and upon the
direction of any other state officer at the seat of government he shall examine
the accounts of any person required to settle his accounts with such officer. DC. Upon the written request of any member of the General Assembly,
the Auditor of Public Accounts shall furnish the requested information and
provide technical assistance upon any matter requested by such member. ED. In compliance with the provisions of the federal Single Audit Act
Amendments of 1996, Public Law 104-156,
the Joint Legislative Audit and Review Commission may authorize the Auditor of
Public Accounts to audit biennially the accounts pertaining to federal funds
received by state departments, officers, boards, commissions, institutions or
other agencies. § 46.2-623.
Statements in application. A. Every
application for a certificate of title shall contain (i) a statement of the
applicant's title and of all liens or encumbrances on the vehicle and the names
and addresses of all persons having any interest in the vehicle and the nature
of every interest in the vehicle; (ii) the Social Security number, if any, of
the owner and, if the application is in the name of an employer for a business
vehicle, the employer's identification number assigned by the United States
Internal Revenue Service; and (iii) a brief description of the vehicle to be
registered, including the name of the maker, the vehicle identification or
serial number and, when registering a new vehicle, the date of sale by the
manufacturer or dealer to the person first operating the vehicle. B. Not later
than July 15, 1998, the lessor of a qualifying vehicle, as defined in § 58.1-3523,
shall send a report to the Department for each such qualifying vehicle it was
leasing as of July 1, 1998, and has leased between January 1, 1998, and June 30,
1998, containing (i) the name and address of the lessee as it appears in the
lease contract; (ii) the social security number of the lessee; and (iii) the
registration number of the vehicle as described under Article 1 (§ 46.2-600
et seq.) of Chapter 6 of Title 46.2. C. Beginning
with August 1998, such lessor shall send a monthly report to the Department, by
the fifteenth day of the month or such later day as may be prescribed in the
guidelines promulgated under § 58.1-3532,
listing any changes, additions or deletions to the information provided under
subsection B as of the last day of the preceding month. DB. The application shall contain such additional information as may
be required by the Department. § 58.1-603.
Imposition of sales tax. There is
hereby levied and imposed, in addition to all other taxes and fees of every kind
now imposed by law, a license or privilege tax upon every person who engages in
the business of selling at retail or distributing tangible personal property in
this Commonwealth, or who rents or furnishes any of the things or services
taxable under this chapter, or who stores for use or consumption in this
Commonwealth any item or article of tangible personal property as defined in
this chapter, or who leases or rents such property within this Commonwealth, in
the amount of three and one-half percent
through 12:00 p.m. on December 31, 2004, and five percent beginning on and after
January 1, 2005: 1. Of the
gross sales price of each item or article of tangible personal property when
sold at retail or distributed in this Commonwealth. 2. Of the
gross proceeds derived from the lease or rental of tangible personal property,
where the lease or rental of such property is an established business, or part
of an established business, or the same is incidental or germane to such
business. 3. Of the cost
price of each item or article of tangible personal property stored in this
Commonwealth for use or consumption in this Commonwealth. 4. Of the
gross proceeds derived from the sale or charges for rooms, lodgings or
accommodations furnished to transients as set out in the definition of
"retail sale" in § 58.1-602.
5. Of the
gross sales of any services which are expressly stated as taxable within this
chapter. § 58.1-604.
Imposition of use tax. There is
hereby levied and imposed, in addition to all other taxes and fees now imposed
by law, a tax upon the use or consumption of tangible personal property in this
Commonwealth, or the storage of such property outside the Commonwealth for use
or consumption in this Commonwealth, in the amount of three and one-half percent
through 12:00 p.m. on December 31, 2004, and five percent beginning on and after
January 1, 2005: 1. Of the cost
price of each item or article of tangible personal property used or consumed in
this Commonwealth. Tangible personal property which has been acquired for use
outside this Commonwealth and subsequently becomes subject to the tax imposed
hereunder shall be taxed on the basis of its cost price if such property is
brought within this Commonwealth for use within six months of its acquisition;
but if so brought within this Commonwealth six months or more after its
acquisition, such property shall be taxed on the basis of the current market
value (but not in excess of its cost price) of such property at the time of its
first use within this Commonwealth. Such tax shall be based on such proportion
of the cost price or current market value as the duration of time of use within
this Commonwealth bears to the total useful life of such property (but it shall
be presumed in all cases that such property will remain within this Commonwealth
for the remainder of its useful life unless convincing evidence is provided to
the contrary). 2. Of the cost
price of each item or article of tangible personal property stored outside this
Commonwealth for use or consumption in this Commonwealth. 3. A
transaction taxed under § 58.1-603
shall not also be taxed under this section, nor shall the same transaction be
taxed more than once under either section. 4. The use tax
shall not apply with respect to the use of any article of tangible personal
property brought into this Commonwealth by a nonresident individual, visiting in
Virginia, for his personal use, while within this Commonwealth. 5. The use tax
shall not apply to out-of-state mail order catalog purchases totaling $100 or
less during any calendar year. § 58.1-604.1.
Use tax on motor vehicles, machinery, tools and equipment brought into Virginia
for use in performing contracts. In addition to
the use tax levied pursuant to § 58.1-604
and notwithstanding the provisions of § 58.1-611,
a use tax is levied upon the storage or use of all motor vehicles, machines,
machinery, tools or other equipment brought, imported or caused to be brought
into this Commonwealth for use in constructing, building or repairing any
building, highway, street, sidewalk, bridge, culvert, sewer or water system,
drainage or dredging system, railway system, reservoir or dam, hydraulic or
power plant, transmission line, tower, dock, wharf, excavation, grading, or
other improvement or structure, or any part thereof. The rate of tax is three
and one-half percent through 12:00 p.m. on
December 31, 2004, and five percent beginning on and after January 1, 2005, on
all tangible personal property except motor vehicles, which shall be taxed at
the rate of three percent; aircraft, which shall be taxed at the rate of two
percent; and watercraft, which shall be taxed at the rate of two percent with a
maximum tax of $1,000. For purposes
of this section the words "motor vehicle" means any vehicle which is
self-propelled and designed primarily for use upon the highways, any vehicle
which is propelled by electric power obtained from trolley wires but not
operated upon rails, and any vehicle designed to run upon the highways which is
pulled by a self-propelled vehicle, but shall not include any implement of
husbandry, farm tractor, road construction or maintenance machinery or
equipment, special mobile equipment or any vehicle designed primarily for use in
work off the highway. The tax shall
be computed on the basis of such proportion of the original purchase price of
such property as the duration of time of use in this Commonwealth bears to the
total useful life thereof. For purposes of this section, the word
"use" means use, storage, consumption and "stand-by" time
occasioned by weather conditions, controversies or other causes. The tax shall
be computed upon the basis of the relative time each item of equipment is in
this Commonwealth rather than upon the basis of actual use. In the absence of
satisfactory evidence as to the period of use intended in this Commonwealth, it
will be presumed that such property will remain in this Commonwealth for the
remainder of its useful life, which shall be determined in accordance with the
experiences and practices of the building and construction trades. A transaction
taxed under §§ 58.1-604,
58.1-605,
58.1-1402,
58.1-1502,
or § 58.1-2402
shall not also be taxed under this section, nor shall the same transaction be
taxed more than once under any section. § 58.1-608.3.
Entitlement to certain sales tax revenues. A. As used in
this section, the following words and terms have the following meanings, unless
some other meaning is plainly intended: "Bonds"
means any obligations of a municipality for the payment of money. "Cost,"
as applied to any public facility or to extensions or additions to any public
facility, includes: (i) the purchase price of any public facility acquired by
the municipality or the cost of acquiring all of the capital stock of the
corporation owning the public facility and the amount to be paid to discharge
any obligations in order to vest title to the public facility or any part of it
in the municipality; (ii) expenses incident to determining the feasibility or
practicability of the public facility; (iii) the cost of plans and
specifications, surveys and estimates of costs and of revenues; (iv) the cost of
all land, property, rights, easements and franchises acquired; (v) the cost of
improvements, property or equipment; (vi) the cost of engineering, legal and
other professional services; (vii) the cost of construction or reconstruction;
(viii) the cost of all labor, materials, machinery and equipment; (ix) financing
charges; (x) interest before and during construction and for up to one year
after completion of construction; (xi) start-up costs and operating capital;
(xii) payments by a municipality of its share of the cost of any
multi-jurisdictional public facility; (xiii) administrative expense; (xiv) any
amounts to be deposited to reserve or replacement funds; and (xv) other expenses
as may be necessary or incident to the financing of the public facility. Any
obligation or expense incurred by the public facility in connection with any of
the foregoing items of cost may be regarded as a part of the cost. "Municipality"
means any county, city, town, authority, commission, or other public entity. "Public
facility" means (i) any auditorium, coliseum, convention center, or
conference center, which is owned by a Virginia county, city, town, authority,
or other public entity and where exhibits, meetings, conferences, conventions,
seminars, or similar public events may be conducted; (ii) any hotel which is
owned by a foundation whose sole purpose is to benefit a state-supported
university and which is attached to and is an integral part of such facility,
together with any lands reasonably necessary for the conduct of the operation of
such events; or (iii) any hotel which is attached to and is an integral part of
such facility. However, such public facility must be located in a city with a
population of at least 24,200 but no more than 24,500 as determined by the 1990
United States Census, at least 50,000 but no more than 52,500, at least 95,000
but no more than 105,000, or at least 130,000 but no more than 135,000. Any
property, real, personal, or mixed, which is necessary or desirable in
connection with any such auditorium, coliseum, convention center, or conference
center, including, without limitation, facilities for food preparation and
serving, parking facilities, and administration offices, is encompassed within
this definition. However, structures commonly referred to as "shopping
centers" or "malls" shall not constitute a public facility
hereunder. In addition, only a new public facility, or a public facility which
will undergo a substantial and significant renovation or expansion, shall be
eligible under subsection B of this section. A new public facility is one whose
construction began after December 31, 1991. A substantial and significant
renovation entails a project whose cost is at least fifty percent of the
original cost of the facility being renovated and shall have begun after
December 31, 1991. A substantial and significant expansion entails an increase
in floor space of at least fifty percent over that existing in the preexisting
facility and shall have begun after December 31, 1991. "Sales
tax revenues" means such tax collections realized under the Virginia Retail
Sales and Use Tax Act (§ 58.1-600
et seq.) of Title 58.1, as limited herein. "Sales tax revenues" does
not include the revenue generated by the one-half percent sales and use tax
increase enacted by the 1986 Special Session of the General Assembly which shall
be paid to the Transportation Trust Fund as defined in § 33.1-23.03:1,
nor shall it include the one percent of the state sales and use tax revenue
distributed among the counties and cities of the Commonwealth pursuant to § 58.1-638
D on the basis of school age population,
nor shall it include the one and one-half percent sales and use tax increase
effective January 1, 2005. B. Any
municipality which has issued bonds (i) after December 31, 1991, but before
January 1, 1996, (ii) on or after January 1, 1998, but before July 1, 1999,
(iii) on or after January 1, 1999, but before July 1, 2001, (iv) on or after
July 1, 2000, but before July 1, 2003, or (v) on or after July 1, 2001, but
before July 1, 2004, to pay the cost, or portion thereof, of any public facility
shall be entitled to all sales tax revenues generated by transactions taking
place in such public facility. Such entitlement shall continue for the lifetime
of such bonds, which entitlement shall not exceed thirty years, and all such
sales tax revenues shall be applied to repayment of the bonds. The State
Comptroller shall remit such sales tax revenues to the municipality on a
quarterly basis, subject to such reasonable processing delays as may be required
by the Department of Taxation to calculate the actual net sales tax revenues
derived from the public facility. The State Comptroller shall make such
remittances to eligible municipalities, as provided herein, notwithstanding any
provisions to the contrary in the Virginia Retail Sales and Use Tax Act (§ 58.1-600
et seq.). No such remittances shall be made until construction is completed and,
in the case of a renovation or expansion, until the governing body of the
municipality has certified that the renovation or expansion is completed. C. Nothing in
this section shall be construed as authorizing the pledging of the faith and
credit of the Commonwealth of Virginia, or any of its revenues, for the payment
of any bonds. Any appropriation made pursuant to this section shall be made only
from sales tax revenues derived from the public facility for which bonds may
have been issued to pay the cost, in whole or in part, of such public facility. § 58.1-611.1.
Rate of tax on sales of food purchased for human consumption; Food Tax Reduction
Program. A. Subject to
the conditions of subsections D and E, the tax imposed by §§ 58.1-603
and 58.1-604
on food purchased for human consumption shall be levied and distributed as
follows: 1. From
January 1, 2000, through March 31, 2001, the tax rate on such food shall be
three percent of the gross sales price. The revenue from the tax shall be
distributed as follows: (i) the revenue from the tax at the rate of one-half
percent shall be distributed as provided in subsection A of § 58.1-638,
(ii) the revenue from the tax at the rate of one percent shall be distributed as
provided in subsections B, C and D of § 58.1-638,
and (iii) the revenue from the tax at the rate of one and one-half percent shall
be used for general fund purposes. 2. From April
1, 2001, through March 31, 2002, the tax rate on such food shall be two and
one-half percent of the gross sales price. The revenue from the tax shall be
distributed as follows: (i) the revenue from the tax at the rate of one-half
percent shall be distributed as provided in subsection A of § 58.1-638,
(ii) the revenue from the tax at the rate of one percent shall be distributed as
provided in subsections B, C and D of § 58.1-638,
and (iii) the revenue from the tax at the rate of one percent shall be used for
general fund purposes. 3. From April
1, 2002, through March 31, 2003, the tax rate on such food shall be two percent
of the gross sales price. The revenue from the tax shall be distributed as
follows: (i) the revenue from the tax at the rate of one-half percent shall be
distributed as provided in subsection A of § 58.1-638,
(ii) the revenue from the tax at the rate of one percent shall be distributed as
provided in subsections B, C and D of § 58.1-638,
and (iii) the revenue from the tax at the rate of one-half percent shall be used
for general fund purposes. 4. On and
after April 1, 2003, the tax rate on such food shall be one and one-half percent
of the gross sales price. The revenue from the tax shall be distributed as
follows: (i) the revenue from the tax at the rate of one-half percent shall be
distributed as provided in subsection A of § 58.1-638
and (ii) the revenue from the tax at the rate of one percent shall be
distributed as provided in subsections B, C and D of § 58.1-638.
B. The
provisions of this section shall not affect the imposition of tax on food
purchased for human consumption pursuant to §§ 58.1-605
and 58.1-606.
C. As used in
this section, "food purchased for human consumption" has the same
meaning as "food" defined in the Food Stamp Act of 1977, 7 U.S.C. §
2012, as amended, and federal regulations adopted pursuant to that Act, except
it shall not include seeds and plants which produce food for human consumption. D.
Notwithstanding the tax rates set forth in subsection A, the rate of tax on
sales of food purchased for human consumption for any twelve-month period
beginning on or after April 1, 2001, shall not be reduced below the rate then in
effect for the Commonwealth's current fiscal year if: 1. Actual actual general fund revenues for the fiscal year preceding a fiscal
year in which a rate reduction is contemplated in subsection A do not exceed the
official general fund revenue estimates for such preceding fiscal year, as
estimated in the most recently enacted and approved general appropriation act,
by at least one percent; or 2. Any of the
events listed in subsection C of § 58.1-3524
or subsection B of § 58.1-3536
have occurred during the then current fiscal year. E. If the tax
rate on food purchased for human consumption remains the same for the period
January 1, 2000, through March 31, 2001, and the subsequent twelve-month period
beginning on April 1, 2001, or with respect to any consecutive twelve-month
periods beginning on and after April 1, 2001, the tax rate on such food shall
remain the same unless none of the conditions described the condition described in subsection D have has not occurred, in which event the tax rate on food purchased for
human consumption for the immediately following twelve-month period shall be
equal to the next lowest tax rate listed in subsection A. F. There is
hereby created on the books of the Comptroller a nonreverting fund entitled the
Food Tax Reserve Fund which shall be used solely for the statutory purposes of
the Food Tax Reduction Program as established by this section, and as may be
provided for in the general appropriation act. For the purpose of the
Comptroller's preliminary and final annual reports required by § 2.2-813,
all balances remaining in the Fund on June 30 of each year shall be considered a
portion of the fund balance of the general fund of the state treasury. § 58.1-614.
Vending machine sales. A.
Notwithstanding the provisions of §§ 58.1-603
and 58.1-604,
whenever a dealer makes sales of tangible personal property through vending
machines, or in any other manner making collection of the tax impractical, as
determined by the Tax Commissioner, such dealer shall be required to report his
wholesale purchases for sale at retail from vending machines and shall be
required to remit an amount based on four and one-half percent of such wholesale
purchases through 12:00 p.m. on December
31, 2004, and six percent beginning on and after January 1, 2005. B.
Notwithstanding the provisions of §§ 58.1-605
and 58.1-606,
dealers making sales of tangible personal property through vending machines
shall report and remit the one percent local sales and use tax computed as
provided in subsection A of this section. C. The
provisions of subsections A and B of this section shall not be applicable to
vending machine operators all of whose machines are under contract to nonprofit
organizations. Such operators shall report only the gross receipts from machines
selling items for more than ten cents and shall be required to remit an amount
based on a percentage of their remaining gross sales established by the Tax
Commissioner to take into account the inclusion of sales tax. D.
Notwithstanding any other provisions in this section or § 58.1-628,
when the Tax Commissioner determines that it is impractical to collect the tax
in the manner provided by those sections, such dealer shall be required to remit
an amount based on a percentage of gross receipts which takes into account the
inclusion of the sales tax. E. The
provisions of this section shall not be applicable to any dealer who fails to
maintain records satisfactory to the Tax Commissioner. A dealer making sales of
tangible personal property through vending machines shall obtain a certificate
of registration under § 58.1-613
in relevant form for each county or city in which he has machines. § 58.1-627.
Bracket system for tax at rate of three and one-half percent. The following
brackets of prices shall be used for the collection of the tax imposed by this
chapter through 12:00 p.m. on December 31,
2004:
$0.00 to
$0.14 no
tax
.15 to
.42 1»
tax
.43 to
.71 2»
tax
.72 to
.99 3»
tax
1.00 to
1.28 4»
tax
1.29 to
1.57 5»
tax
1.58 to
1.85 6»
tax
1.86 to
2.14 7» tax
2.15 to
2.42 8»
tax
2.43 to
2.71 9»
tax
2.72 to
2.99 10»
tax
3.00 to
3.28 11»
tax
3.29 to
3.57 12»
tax
3.58 to
3.85 13»
tax
3.86 to
4.14 14»
tax
4.15 to
4.42 15»
tax
4.43 to
4.71 16»
tax
4.72 to
5.00 17»
tax On
transactions over greater than five
dollars, the tax shall be computed at three and one-half percent
through 12:00 p.m. on December 31, 2004, and five percent beginning on and after
January 1, 2005, one-half cent or more being treated as one cent. If a
dealer can show to the satisfaction of the Tax Commissioner that more than
eighty-five percent of the total dollar volume of his gross taxable sales during
the taxable month was from individual sales at prices of ten cents or less each,
and that he was unable to adjust his pricesin such manner as to prevent the
economic incidence of the sales tax from falling on him, the Tax Commissioner
shall determine the proper tax liability of the dealer based on that portion of
the dealer's gross taxable sales which was from sales at prices of eleven cents
or more. §
58.1-628.
Bracket system for combined state and local tax. The following
brackets of prices shall be used for the collection of the combined state and
local tax through 12:00 p.m. on December
31, 2004:
$0.00 to
$0.11 no
tax
.12 to
.33 1»
tax
.34 to
.55 2»
tax
.56 to
.77 3»
tax
.78 to
.99 4»
tax
1.00 to
1.22 5»
tax
1.23 to
1.44 6»
tax
1.45 to
1.66 7»
tax
1.67 to
1.88 8»
tax
1.89 to
2.11 9»
tax
2.12 to
2.33 10»
tax
2.34 to
2.55 11»
tax
2.56 to
2.77 12»
tax
2.78 to
2.99 13»
tax
3.00 to
3.22 14»
tax
3.23 to
3.44 15»
tax
3.45 to
3.66 16»
tax
3.67 to
3.88 17»
tax
3.89 to
4.11 18»
tax
4.12 to 4.33
19» tax
4.34 to
4.55 20»
tax
4.56 to
4.77 21»
tax
4.78 to
5.00 22»
tax On
transactions over greater than five
dollars, the tax shall be computed at four and one-half percent
through 12:00 p.m. on December 31, 2004, and six percent beginning on and after
January 1, 2005, one one-half cent
or more being treated as one cent. The foregoing bracket system shall not
relieve the dealer from the duty and liability to remit an amount equal to four
and one-half percent of his gross taxable sales through 12:00 p.m. on December 31, 2004, and six percent beginning on
and after January 1, 2005, as provided in this chapter. If the dealer,
however, can show to the satisfaction of the Tax Commissioner that more than
eighty-five percent of the total dollar volume of his gross taxable sales during
the taxable month was from individual sales at prices of ten cents or less each
and that he was unable to adjust his prices in such manner as to prevent the
economic incidence of the sales tax from falling on him, the Tax Commissioner
shall determine the proper tax liability of the dealer based on that portion of
the dealer's gross taxable sales which was from sales at prices of eleven cents
or more. § 58.1-638.
Disposition of state sales and use tax revenue; Transportation Trust Fund;
localities' share; Game Protection Fund. A. The
Comptroller shall designate a specific revenue code number for all the state
sales and use tax revenue collected under the preceding sections of this
chapter. 1. The sales
and use tax revenue generated by the one-half percent sales and use tax increase
enacted by the 1986 Special Session of the General Assembly shall be paid, in
the manner hereinafter provided in this section, to the Transportation Trust
Fund as defined in § 33.1-23.03:1.
Of the funds paid to the Transportation Trust Fund, an aggregate of 4.2 percent
shall be set aside as the Commonwealth Port Fund as provided in this section; an
aggregate of 2.4 percent shall be set aside as the Commonwealth Airport Fund as
provided in this section; and an aggregate of 14.5 percent in fiscal year 1998-1999
and 14.7 percent in fiscal year 1999-2000
and thereafter shall be set aside as the Commonwealth Mass Transit Fund as
provided in this section. The Fund's share of such net revenue shall be computed
as an estimate of the net revenue to be received into the state treasury each
month, and such estimated payment shall be adjusted for the actual net revenue
received in the preceding month. All payments shall be made to the Fund on the
last day of each month. 2. There is
hereby created in the Department of the Treasury a special nonreverting fund
which shall be a part of the Transportation Trust Fund and which shall be known
as the Commonwealth Port Fund. a. The
Commonwealth Port Fund shall be established on the books of the Comptroller and
the funds remaining in such Fund at the end of a biennium shall not revert to
the general fund but shall remain in the Fund. Interest earned on such funds
shall remain in the Fund and be credited to it. Funds may be paid to any
authority, locality or commission for the purposes hereinafter specified. b. The amounts
allocated pursuant to this section shall be allocated by the Commonwealth
Transportation Board to the Board of Commissioners of the Virginia Port
Authority to be used to support port capital needs and the preservation of
existing capital needs of all ocean, river, or tributary ports within the
Commonwealth. c.
Commonwealth Port Fund revenue shall be allocated by the Board of Commissioners
to the Virginia Port Authority in order to foster and stimulate the flow of
maritime commerce through the ports of Virginia, including but not limited to
the ports of Richmond, Hopewell and Alexandria. 3. There is
hereby created in the Department of the Treasury a special nonreverting fund
which shall be part of the Transportation Trust Fund and which shall be known as
the Commonwealth Airport Fund. The Commonwealth Airport Fund shall be
established on the books of the Comptroller and any funds remaining in such Fund
at the end of a biennium shall not revert to the general fund but shall remain
in the Fund. Interest earned on the funds shall be credited to the Fund. The
funds so allocated shall be allocated by the Commonwealth Transportation Board
to the Virginia Aviation Board. The funds shall be allocated by the Virginia
Aviation Board to any Virginia airport which is owned by the Commonwealth, a
governmental subdivision thereof, or a private entity to which the public has
access for the purposes enumerated in § 5.1-2.16,
or is owned or leased by the Metropolitan Washington Airports Authority (MWAA),
as follows: Any new funds
in excess of $12.1 million which are available for allocation by the Virginia
Aviation Board from the Commonwealth Transportation Fund, shall be allocated as
follows: sixty percent to MWAA, up to a maximum annual amount of two million
dollars, and forty percent to air carrier airports as provided in subdivision A
3 a. Except for adjustments due to changes in enplaned passengers, no air
carrier airport sponsor, excluding MWAA, shall receive less funds identified
under subdivision A 3 a than it received in fiscal year 1994-1995.
Of the
remaining amount: a. Forty
percent of the funds shall be allocated to air carrier airports, except airports
owned or leased by MWAA, based upon the percentage of enplanements for each
airport to total enplanements at all air carrier airports, except airports owned
or leased by MWAA. No air carrier airport sponsor, however, shall receive less
than $50,000 nor more than $2 million per year from this provision. b. Forty
percent of the funds shall be allocated by the Aviation Board for air carrier
and reliever airports on a discretionary basis, except airports owned or leased
by MWAA. c. Twenty
percent of the funds shall be allocated by the Aviation Board for general
aviation airports on a discretionary basis. 4. There is
hereby created in the Department of the Treasury a special nonreverting fund
which shall be a part of the Transportation Trust Fund and which shall be known
as the Commonwealth Mass Transit Fund. a. The
Commonwealth Mass Transit Fund shall be established on the books of the
Comptroller and any funds remaining in such Fund at the end of the biennium
shall not revert to the general fund but shall remain in the Fund. Interest
earned on such funds shall be credited to the Fund. Funds may be paid to any
local governing body, transportation district commission, or public service
corporation for the purposes hereinafter specified. b. The amounts
allocated pursuant to this section shall be used to support the public
transportation administrative costs and the costs borne by the locality for the
purchase of fuels, lubricants, tires and maintenance parts and supplies for
public transportation at a state share of eighty percent in 2002 and ninety-five
percent in 2003 and succeeding years. These amounts may be used to support up to
ninety-five percent of the local or nonfederal share of capital project costs
for public transportation and ridesharing equipment, facilities, and associated
costs. Capital costs may include debt service payments on local or agency
transit bonds. The term "borne by the locality" means the local share
eligible for state assistance consisting of costs in excess of the sum of fares
and other operating revenues plus federal assistance received by the locality. c.
Commonwealth Mass Transit Fund revenue shall be allocated by the Commonwealth
Transportation Board as follows: (1) Funds for
special programs, which shall include ridesharing, experimental transit, and
technical assistance, shall not exceed 1.5 percent of the Fund. (2) The Board
may allocate these funds to any locality or planning district commission to
finance up to eighty percent of the local share of all costs associated with the
development, implementation, and continuation of ridesharing programs. (3) Funds
allocated for experimental transit projects may be paid to any local governing
body, transportation district commission, or public corporation or may be used
directly by the Department of Rail and Public Transportation for the following
purposes: (a) To finance
up to ninety-five percent of the capital costs related to the development,
implementation and promotion of experimental public transportation and
ridesharing projects approved by the Board. (b) To finance
up to ninety-five percent of the operating costs of experimental mass
transportation and ridesharing projects approved by the Board for a period of
time not to exceed twelve months. (c) To finance
up to ninety-five percent of the cost of the development and implementation of
any other project designated by the Board where the purpose of such project is
to enhance the provision and use of public transportation services. d. Funds
allocated for public transportation promotion and operation studies may be paid
to any local governing body, planning district commission, transportation
district commission, or public transit corporation, or may be used directly by
the Department of Rail and Public Transportation for the following purposes and
aid of public transportation services: (1) At the
approval of the Board to finance a program administered by the Department of
Rail and Public Transportation designed to promote the use of public
transportation and ridesharing throughout Virginia. (2) To finance
up to fifty percent of the local share of public transportation operations
planning and technical study projects approved by the Board. e. At least
73.5 percent of the Fund shall be distributed to each transit property in the
same proportion as its operating expenses bear to the total statewide operating
expenses and shall be spent for the purposes specified in subdivision 4 b. f. The
remaining twenty-five percent shall be distributed for capital purposes on the
basis of ninety-five percent of the nonfederal share for federal projects and
ninety-five percent of the total costs for nonfederal projects. In the event
that total capital funds available under this subdivision are insufficient to
fund the complete list of eligible projects, the funds shall be distributed to
each transit property in the same proportion that such capital expenditure bears
to the statewide total of capital projects. g. There is
hereby created in the Department of the Treasury a special nonreverting fund
known as the Commonwealth Transit Capital Fund. The Commonwealth Transit Capital
Fund shall be part of the Commonwealth Mass Transit Fund. The Commonwealth
Transit Capital Fund subaccount shall be established on the books of the
Comptroller and consist of such moneys as are appropriated to it by the General
Assembly and of all donations, gifts, bequests, grants, endowments, and other
moneys given, bequeathed, granted, or otherwise made available to the
Commonwealth Transit Capital Fund. Any funds remaining in the Commonwealth
Transit Capital Fund at the end of the biennium shall not revert to the general
fund, but shall remain in the Commonwealth Transit Capital Fund. Interest earned
on funds within the Commonwealth Transit Capital Fund shall remain in and be
credited to the Commonwealth Transit Capital Fund. Proceeds of the Commonwealth
Transit Capital Fund may be paid to any political subdivision, another public
entity created by an act of the General Assembly, or a private entity as defined
in § 56-557
and for purposes as enumerated in subdivision 4c of § 33.1-269
or expended by the Department of Rail and Public Transportation for the purposes
specified in this subdivision. Revenues of the Commonwealth Transit Capital Fund
shall be used to support capital expenditures involving the establishment,
improvement, or expansion of public transportation services through specific
projects approved by the Commonwealth Transportation Board. Projects financed by
the Commonwealth Transit Capital Fund shall receive local, regional or private
funding for at least twenty percent of the nonfederal share of the total project
cost. 5. Funds for
Metro shall be paid by the Northern Virginia Transportation Commission (NVTC) to
the Washington Metropolitan Area Transit Authority (WMATA) and be a credit to
the Counties of Arlington and Fairfax and the Cities of Alexandria, Falls Church
and Fairfax in the following manner: a. Local
obligations for debt service for WMATA rail transit bonds apportioned to each
locality using WMATA's capital formula shall be paid first by NVTC. NVTC shall
use ninety-five percent state aid for these payments. b. The
remaining funds shall be apportioned to reflect WMATA's allocation formulas by
using the related WMATA-allocated subsidies and relative shares of local transit
subsidies. Capital costs shall include twenty percent of annual local bus
capital expenses. Hold harmless protections and obligations for NVTC's
jurisdictions agreed to by NVTC on November 5, 1998, shall remain in effect. Appropriations
from the Commonwealth Mass Transit Fund are intended to provide a stable and
reliable source of revenue as defined by Public Law 96-184.
B. The sales
and use tax revenue generated by a one percent sales and use tax shall be
distributed among the counties and cities of this Commonwealth in the manner
provided in subsections C and D. C. The
localities' share of the net revenue distributable under this section among the
counties and cities shall be apportioned by the Comptroller and distributed
among them by warrants of the Comptroller drawn on the Treasurer of Virginia as
soon as practicable after the close of each month during which the net revenue
was received into the state treasury. The distribution of the localities' share
of such net revenue shall be computed with respect to the net revenue received
into the state treasury during each month, and suchdistribution shall be made as
soon as practicable after the close of each such month. D. The net
revenue so distributable among the counties and cities shall be apportioned and
distributed upon the basis as certified to the Comptroller by the Department of
Education, of the number of children in each county and city according to the
most recent statewide census of school population taken by the Department of
Education pursuant to § 22.1-284,
as adjusted in the manner hereinafter provided. No special school population
census, other than a statewide census, shall be used as the basis of
apportionment and distribution except that in any calendar year in which a
statewide census is not reported, the Department of Education shall adjust such
school population figures by the same percent of annual change in total
population estimated for each locality by The Center for Public Service. The
revenue so apportionable and distributable is hereby appropriated to the several
counties and cities for maintenance, operation, capital outlays, debt and
interest payments, or other expenses incurred in the operation of the public
schools, which shall be considered as funds raised from local resources. In any
county, however, wherein is situated any incorporated town constituting a school
division, the county treasurer shall pay into the town treasury for maintenance,
operation, capital outlays, debt and interest payments, or other expenses
incurred in the operation of the public schools, the proper proportionate amount
received by him in the ratio that the school population of such town bears to
the school population of the entire county. If the school population of any city
or of any town constituting a school division is increased by the annexation of
territory since the last preceding school population census, such increase
shall, for the purposes of this section, be added to the school population of
such city or town as shown by the last such census and a proper reduction made
in the school population of the county or counties from which the annexed
territory was acquired. E. Beginning
July 1, 2000, of the remaining sales and use tax revenue, the revenue generated
by a two percent sales and use tax through
12:00 p.m. on December 31, 2004, and beginning on and after January 1, 2005, a
three and one-half percent sales and use tax, up to an annual amount of $13
million, collected from the sales of hunting equipment, auxiliary hunting
equipment, fishing equipment, auxiliary fishing equipment, wildlife-watching
equipment, and auxiliary wildlife-watching equipment in Virginia, as estimated
by the most recent U.S. Department of the Interior, Fish and Wildlife Service
and U.S. Department of Commerce, Bureau of the Census National Survey of
Fishing, Hunting, and Wildlife-Associated Recreation, shall be paid into the
Game Protection Fund established under § 29.1-101
and shall be used, in part, to defray the cost of law enforcement. Not later
than thirty days after the close of each quarter, the Comptroller shall transfer
to the Game Protection Fund the appropriate amount of collections to be
dedicated to such Fund. At any time that the balance in the Capital Improvement
Fund, established under § 29.1-101.1,
is equal to or in excess of $35 million, any portion of sales and use tax
revenues that would have been transferred to the Game Protection Fund,
established under § 29.1-101,
in excess of the net operating expenses of the Board, after deduction of other
amounts which accrue to the Board and are set aside for the Game Protection
Fund, shall remain in the general fund until such time as the balance in the
Capital Improvement Fund is less than $35 million. F. If errors
are made in any distribution, or adjustments are otherwise necessary, the errors
shall be corrected and adjustments made in the distribution for the next quarter
or for subsequent quarters. G.
Except as provided in subsection E, the sales and use tax revenue generated by
the one and one-half percent sales and use tax increase effective January 1,
2005, shall be used to make the payments under Chapter 35.2 (§ 58.1-3537 et
seq.) of this title.
GH. The term "net revenue," as used in this section, means
the gross revenue received into the general fund or the Transportation Trust
Fund of the state treasury under the preceding sections of this chapter, less
refunds to taxpayers. CHAPTER
35.2. PAYMENTS
IN LIEU OF PERSONAL PROPERTY TAXATION.
§
58.1-3537.
Payments to localities in lieu of tangible personal property taxation.
A.
For purposes of this section:
"Base
year amount" means (i) for a county, fifteen percent of its total local tax
revenues collected for the tax year ending in calendar year 1997; (ii) for a
city, eleven percent of its total local tax revenues collected for the tax year
ending in calendar year 1997; and (iii) for a town, five percent of its total
local tax revenues collected for the tax year ending in calendar year 1997. The
Auditor of Public Accounts shall determine the total local tax revenues for all
counties, cities, and towns for their respective tax year ending in calendar
year 1997.
"Certified
sales and use tax revenues" means the amount of sales and use tax revenues
collected for the fiscal year pursuant to Chapter 6 (§ 58.1-600
et seq.) of this title, but excluding any revenues collected under the authority
of § 58.1-605
or § 58.1-606,
as certified by the Comptroller.
"Funding
amount" means for a calendar year the sum of the total amount paid to the
county, city, or town in the preceding calendar year pursuant to the provisions
of this section adjusted by (i) for counties, fifteen percent of any increase in
the certified sales and use tax revenues for the fiscal year ending in the
current calendar year over the certified sales and use tax revenues for the
preceding fiscal year; (ii) for cities, eleven percent of any increase in the
certified sales and use tax revenues for the fiscal year ending in the current
calendar year over the certified sales and use tax revenues for the preceding
fiscal year; and (iii) for towns, five percent of any increase in the certified
sales and use tax revenues for the fiscal year ending in the current calendar
year over the certified sales and use tax revenues for the preceding fiscal
year. "Local
tax revenues" means but is not limited to moneys collected from taxes,
permits, fees, licenses, fines, forfeitures, charges for services, and revenues
from use of money and property, but shall not include funding from the
Commonwealth or the United States government.
B.
The payments to localities under this section shall be in lieu of any other
payments by the Commonwealth to localities relating to motor vehicles and boats.
C.
For calendar years beginning on and after January 1, 2005, the Comptroller shall
pay from the general fund to each county, city, and town its respective funding
amount for the calendar year as determined under this section. The Comptroller
shall calculate the funding amount that would have been paid to each county,
city, or town for calendar years 1997 through 2004, as if the provisions of this
section had been effective for such years, for the sole purpose of determining
funding amounts beginning in calendar year 2005. In making such calculations,
the Comptroller shall use the respective county's, city's, or town's base year
amount as its funding amount for calendar year 1997. The Commonwealth shall not
be required to pay any funding amount to any locality for calendar years 1997
through 2004.
The
Comptroller shall pay the funding amount in monthly increments over the twelve
months of the respective calendar year. The monthly amount received by a county,
city, or town in the current calendar year shall be equal to at least
one-twelfth of the aggregate funding amount for such county, city, or town for
the previous calendar year.
§
58.1-3538.
Estimate of funding amounts to be made by the Commonwealth.
Beginning
in calendar year 2004, on December 1 of each year, the Comptroller shall
estimate the funding amount to be paid by the Commonwealth for the succeeding
calendar year and shall report such estimate to the Governor and the chairmen of
the Senate Committee on Finance and the House Committee on Appropriations.
§
58.1-3667.
Motor vehicles and boats exempt from tangible personal property taxation.
Pursuant
to Article X, Section 6 (a) (8) of the Constitution of Virginia, motor vehicles,
as defined in § 46.2-100,
and boats are exempt from tangible personal property taxation.
§ 58.1-3912.
Treasurers to mail certain bills to taxpayers; penalties; electronic
transmission. A.
The treasurer of every city and county shall, as soon as reasonably possible in
each year, but not later than fourteen days prior to the due date of the taxes,
send or cause to be sent by United States mail to each taxpayer assessed with
taxes and levies for that year a bill or bills setting forth the amounts due.
The treasurer may elect not to send a bill amounting to twenty dollars or less
as shown by an assessment book in such treasurer's office. The treasurer may
employ the services of a mailing service or other vendor for fulfilling the
requirements of this section. The failure of any such treasurer to comply with
this section shall be a Class 4 misdemeanor. Such treasurer shall be deemed in
compliance with this section as to any taxes due on real estate if, upon
certification by the obligee of any note or other evidence of debt secured by a
mortgage or deed of trust on such real estate that an agreement has been made
with the obligor in writing within the mortgage or deed of trust instrument that
such arrangements be made, he mails the bill for such taxes to the obligee
thereof. Upon nonpayment of taxes by either the obligee or obligor, a past-due
tax bill will be sent to the taxpayer. No governing body shall publish the name
of a taxpayer in connection with a tax debt for which a bill was not sent,
without first sending a notice of deficiency to his last known address at least
two weeks before such publication. B.
The governing body of any county, city or town may attach to or mail with all
real estate and tangible personal property tax bills, prepared for taxpayers in
such locality, information indicating how the tax rate charged upon such
property and revenue derived therefrom is apportioned among the various services
and governmental functions provided by the locality. C.
Notwithstanding the provisions of subsection A of this section, in any county
which has adopted the urban county executive form of government, and in any
county contiguous thereto which has adopted the county executive form of
government, tangible personal property tax bills shall be mailed not later than
thirty days prior to the due date of such taxes. D.
Notwithstanding the provisions of subsection A of this section, any county and
town, the governing bodies of which mutually agree, shall be allowed to send, to
each taxpayer assessed with taxes, by United States mail no later than fourteen
days prior to the due date of the taxes, a single real property tax bill and a
single tangible personal property tax bill. E.
Beginning with tax year 1999, in addition to all other information currently
appearing on tangible personal property tax bills, each such bill shall state on
its face (i) whether the vehicle is a qualifying vehicle as defined in § 58.1-3523;
(ii) a deduction for the amount to be paid by the Commonwealth as determined by
§ 58.1-3524;
(iii) the vehicle's registration number pursuant to § 46.2-604;
(iv) the amount of tangible personal property tax levied on the vehicle; and (v)
if the locality prorates personal property tax pursuant to § 58.1-3516,
the number of months for which a bill is being sent. F.
Beginning with tax year 1999 and through the end of tax year 2002, the treasurer
shall include a statement, prepared by the Department, with or as part of the
tangible personal property tax bills for such qualifying vehicles. The statement
shall explain how the deduction for the percentage of the reimbursable amount
was calculated, how the deduction shall be calculated in future years, and the
taxpayer's liability for tangible personal property taxes on qualifying
vehicles. GE. Notwithstanding the provisions of subsection A, the treasurer,
consistent with guidelines promulgated by the Department of Taxation
implementing the provisions of subdivision 2 of § 58.1-1820,
may convey, with the written consent of the taxpayer, any tax bill by electronic
means chosen by the taxpayer, including without limitation facsimile
transmission or electronic mail (e-mail), in lieu of posting such bill by
first-class mail. The treasurer conveying a bill by means authorized in this
subsection shall maintain a copy (in written form or electronic media) of the
bill reflecting the date of transmission until such time as the bill has been
satisfied or otherwise removed from the treasurer's books by operation of law.
Transmission of a bill pursuant to this subsection shall have the same force and
effect for all purposes arising under this subtitle as mailing to the taxpayer
by first-class mail on the date of transmission. 2. That the provisions of this act shall become effective on January 1, 2005, only if a Constitutional amendment to Article X, Section 6 of the Constitution of Virginia making motor vehicles and boats exempt from tangible personal property taxation is ratified by a majority of voters voting on such measure at the election directed by law to be held on the Tuesday after the first Monday in November 2004. If such constitutional amendment is ratified, (i) §§ 15.2-1636.20 and 58.1-3916.01 and Chapter 35.1 (§§ 58.1-3523 through 58.1-3536) of Title 58.1 of the Code of Virginia are repealed effective January 1, 2005, and (ii) the Department of Taxation shall promulgate regulations, in accordance with Administrative Process Act (§ 2.2-4000 et seq.), establishing brackets of prices and associated state and combined state and local sales and use taxes on transactions of five dollars or less. SENATE JOINT
RESOLUTION NO. 51 Offered January 9, 2002 Prefiled
January 8, 2002 Proposing an amendment to Section 6 of Article
X of the Constitution of Virginia, relating to property exempt from taxation. ----------Patrons--
Colgan and Byrne---------- Referred
to Committee on Privileges and Elections---------- RESOLVED
by the Senate, the House of Delegates concurring, a majority of the members
elected to each house agreeing, That the following amendment to the Constitution
of Virginia be, and the same hereby is, proposed and referred to the General
Assembly at its first regular session held after the next general election of
members of the House of Delegates for its concurrence in conformity with the
provisions of Section 1 of Article XII of the Constitution of Virginia, namely: Amend
Section 6 of Article X of the Constitution of Virginia as follows: ARTICLE
X TAXATION
AND FINANCE Section
6. Exempt property. (a)
Except as otherwise provided in this Constitution, the following property and no
other shall be exempt from taxation, State and local, including inheritance
taxes: (1)
Property owned directly or indirectly by the Commonwealth or any political
subdivision thereof, and obligations of the Commonwealth or any political
subdivision thereof exempt by law. (2)
Real estate and personal property owned and exclusively occupied or used by
churches or religious bodies for religious worship or for the residences of
their ministers. (3)
Private or public burying grounds or cemeteries, provided the same are not
operated for profit. (4)
Property owned by public libraries or by institutions of learning not conducted
for profit, so long as such property is primarily used for literary, scientific,
or educational purposes or purposes incidental thereto. This provision may also
apply to leasehold interests in such property as may be provided by general law.
(5)
Intangible personal property, or any class or classes thereof, as may be
exempted in whole or in part by general law. (6)
Property used by its owner for religious, charitable, patriotic, historical,
benevolent, cultural, or public park and playground purposes, as may be provided
by classification or designation by a three-fourths vote of the members elected
to each house of the General Assembly and subject to such restrictions and
conditions as may be prescribed. (7)
Land subject to a perpetual easement permitting inundation by water as may be
exempted in whole or in part by general law. (8)
Motor vehicles and boats as provided by general law.
(b)
The General Assembly may by general law authorize the governing body of any
county, city, town, or regional government to provide for the exemption from
local property taxation, or a portion thereof, within such restrictions and upon
such conditions as may be prescribed, of real estate and personal property
designed for continuous habitation owned by, and occupied as the sole dwelling
of, persons not less than sixty-five years of age or persons permanently and
totally disabled as established by general law who are deemed by the General
Assembly to be bearing an extraordinary tax burden on said property in relation
to their income and financial worth. (c)
Except as to property of the Commonwealth, the General Assembly by general law
may restrict or condition, in whole or in part, but not extend, any or all of
the above exemptions. (d)
The General Assembly may define as a separate subject of taxation any property,
including real or personal property, equipment, facilities, or devices, used
primarily for the purpose of abating or preventing pollution of the atmosphere
or waters of the Commonwealth or for the purpose of transferring or storing
solar energy, and by general law may allow the governing body of any county,
city, town, or regional government to exempt or partially exempt such property
from taxation, or by general law may directly exempt or partiallyexempt such
property from taxation. (e)
The General Assembly may define as a separate subject of taxation household
goods, personal effects and tangible farm property and products, and by general
law may allow the governing body of any county, city, town, or regional
government to exempt or partially exempt such property from taxation, or by
general law may directly exempt or partially exempt such property from taxation.
(f)
Exemptions of property from taxation as established or authorized hereby shall
be strictly construed; provided, however, that all property exempt from taxation
on the effective date of this section shall continue to be exempt until
otherwise provided by the General Assembly as herein set forth. (g)
The General Assembly may by general law authorize any county, city, town, or
regional government to impose a service charge upon the owners of a class or
classes of exempt property for services provided by such governments. (h)
The General Assembly may by general law authorize the governing body of any
county, city, town, or regional government to provide for a partial exemption
from local real property taxation, within such restrictions and upon such
conditions as may be prescribed, of real estate whose improvements, by virtue of
age and use, have undergone substantial renovation, rehabilitation or
replacement. (i)
The General Assembly may by general law allow the governing body of any county,
city, or town to exempt or partially exempt from taxation any generating
equipment installed after December thirty-one, nineteen hundred seventy-four,
for the purpose of converting from oil or natural gas to coal or to wood, wood
bark, wood residue, or to any other alternate energy source for manufacturing,
and any co-generation equipment installed since such date for use in
manufacturing. (j)
The General Assembly may by general law allow the governing body of any county,
city, or town to have the option to exempt or partially exempt from taxation any
business, occupational or professional license or any merchants' capital, or
both.
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