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HomeMy WebLinkAbout96-34ORDINANCE No. 96-34 Amending the Business, Professional, and Occupation License Tax to Incorporate Additional Uniform Provisions • Adopted: December 3, 1996 Effective: January 1, 1997 r Ordinance No. 96-34 ORDINANCE AMENDING • • THE BUSINESS, PROFESSIONAL, AND OCCUPATION LICENSE TAX TO INCORPORATE ADDITIONAL UNIFORM PROVISIONS BE IT ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in Regular Session on December 3, 1996, that the Business, Professional, and Occupation License Tax Ordinance is amended to the form attached hereto, effective January 1, 1997. This Ordinance is adopted by duly recorded vote of the Town Council on December 3, 1996 as follows: John A. Johnston Aye Lane R. Penn Aye Pauline G. Mitchell Aye W. H. Schrader, Jr. Absent ATTEST: W. Edgar Hale Absent James M. Neblett Aye Charles W. Stewart Aye Bettye H. Steger Aye By ANDREW L. GRAHAM, Mayor Ruth Harrell Clerk of Council ~~ 7 • TOWN OF PULASKI, VIRGINIA Business, Professional, and Occupational License Tax Ordinance BE IT ORDAINED THAT: A. Overriding Conflicting Ordinances. Except as may be otherwise provided by the laws of the Commonwealth of Virginia, and notwithstanding any other current ordinances or resolutions enacted by this governing body, whether or not compiled in the Code of the Town, to the extent of any conflict, the following provisions shall be applicable to the levy, assessment, and collection of licenses required and taxes imposed on businesses, trades, professions and callings and upon the persons, firms and corporations engaged therein within this locality. B. Definitions. For the purposes of this ordinance, unless otherwise required by the context: "Affiliated group" means: • (a) One or more chains of includable corporations connected through stock ownership with a common parent corporation which is an includable corporation if: (i) Stock possessing at least eighty percent of the voting power of all classes of stock and at least eighty percent of each class of the nonvoting stock of each of the includable corporations, except the common parent corporation, is owned directly by one or more of the other includable corporations; and (ii) The common parent corporation directly owns stock possessing at least eighty percent of the voting power of all classes of stock and at least eighty percent of each class of the nonvoting stock of at least one of the other includable corporations. As used in this subdivision, the term "stock" does not include nonvoting stock which is limited and preferred as to dividends. The term "includable corporation" means any corporation within the affiliated group irrespective of the state or country of its incorporation; and the term "receipts" includes gross receipts and gross income. (b) Two or more corporations if five or fewer persons who are individuals, estates or trusts own stock possessing: (i) At least eighty percent of the total combined voting power of all classes of stock entitled to vote or at least eighty percent of the total value of shares of all classes . of the stock of each corporation, and Pulaski BPOL Effective January 1, 1997 1 '~/ ~' (ii) More than fifty percent of the total combined voting power of all classes of stock entitled to vote or more than fifty percent of the total value of shares of all classes of stock of each corporation, taking into account the stock ownership of each such person only to the extent such stock ownership is identical with respect to each such corporation. When one or more of the includable corporations, including the common parent corporation is a nonstock corporation, the term "stock" as used in this subdivision shall refer to the nonstock corporation membership or membership voting rights, as is appro- priate to the context. "Assessment" means a determination as to the proper rate of tax, the measure to which the tax rate is applied, and ultimately the amount of tax, including additional or omitted tax, that is due. An assessment shall include a written assessment made pursuant to notice by the assessing official or aself-assessment made by a taxpayer upon the filing of a return or otherwise not pursuant to notice. Assessments shall be deemed made by an assessing official when a written notice of assessment is delivered to the taxpayer by the assessing official or an employee of the assessing official, or mailed to the taxpayer at his last known address. Self-assessments shall be deemed made when a return is filed, or if no return is required, when the tax is paid. A return filed or tax paid before the last day prescribed by ordinance, for the filing or payment thereof shall be deemed to be filed or paid on the last day specified for the • filing of a return or the payment of tax, as the case may be. "Assessor" or "assessing official" means the Director of Finance of the Town, also known as the Town Treasurer. "Base year" means the calendar year preceding the license year, except for contractors subject to the provisions of §58.1-3715. Beginning businesses whose tax is based on receipts or expenditures will pay an initial tax based on estimated receipts and expenditures. Such estimates are subject to the review and approval of the assessing official. "Business" means a course of dealing which requires the time, attention and labor of the person so engaged for the purpose of earning a livelihood or profit. It implies a continuous and regular course of dealing, rather than an irregular or isolated transaction. A person may be engaged in more than one business. The following acts shall create a rebuttable presumption that a person is engaged in a business: (i) advertising or otherwise holding oneself out to the public as being engaged in a particular business; or (ii) filing tax returns, schedules and documents that are required only of persons engaged in a trade or business. "Contractor" shall have the meaning prescribed in §58.1-3714. B of the Code of Virginia, as amended, whether such work is done or offered to be done by day labor, general contract or subcontract. For purposes of this ordinance, °contracto~° also includes but is not limited to persons providing labor related to air-conditioning, Pulaski BPOL Effective January 1, 1997 2 `~ / • masonry, building, cementing, dredging, electrical contracting, elevator installation, erecting signs, flooring, foundations, house moving, paint and paper decorating, plastering, plumbing, heating, steam fitting, refrigeration, road building, sidewalk construction, roofing, sewer construction, well drilling, structural metal work, tile, glass installation, floor covering, wrecking, moving, or excavating. "Definite place of business" means an office or a location at which occurs a regular and continuous course of dealing for thirty consecutive days or more. A definite place of business for a person engaged in business may include a location leased or otherwise obtained from another person on a temporary or seasonal basis; and real property leased to another. A person's residence shall be deemed to be a definite place of business if there is no definite place of business maintained elsewhere and the person is not licensable as a peddler or itinerant merchant. "Financial services" means the buying, selling, handling, managing, investing, and providing advice regarding money, credit, securities and other investments and shall include the service for compensation by a credit agency, an investment company, a broker or dealer in securities and commodities or a security or commodity exchange, unless such service is otherwise provided for in this ordinance. "Broker" shall mean an agent of a buyer or a seller who buys or sells stocks, bonds, commodities, or services, usually on a commission basis. • "Commodit 'shall mean sta les such as wool cotton et Y~ p c. which are traded on a commodity exchange and on which there is trading in futures. "Dealer" for purposes of this ordinance shall mean any person engaged in the business of buying and selling securities for his own account, but does not include a bank, or any person insofar as he buys or sells securities for his own account, either individually or in some fiduciary capacity, but not as part of a regular business. "Security" for purposes of this ordinance shall have the same meaning as in the Securities Act (§13.1-501 et sea.) of the Code of Virginia, or in similar laws of the United States regulating the sale of securities. Those engaged in rendering financial services include, but without limitation, the following: Buying installment receivables Chattel mortgage financing Consumer financing Credit card services • Credit Unions Factors Financing accounts receivable Pulaski BPOL Effective January 1, 1997 3 ~~ • Industrial loan companies Installment financing Inventory financing Loan or mortgage brokers Loan or mortgage companies Safety deposit box companies Security and commodity brokers and services Stockbroker Working capital financing "Gross receipts" means the whole, entire, total receipts attributable to the licensed privilege, without deduction, except as may be limited by the provisions of Chapter 37 of Title 58.1 of the Code of Virginia. "License year" means the calendar year for which a license is issued for the privilege of engaging in business. "Personal services" shall mean rendering for compensation any repair, personal, business or other services not specifically classified as "financial, real estate or professional service under this ordinance, or rendered in any other business or occupation not specifically classified in this ordinance unless exempted from local license tax by Title 58.1 of the Code of Virginia. Examples of such personal services • include, but are not limited to: advertising agencies, airports, ambulance services, amusements and recreation services, animal hospitals, grooming services, kennels, stables, auctioneers, auditoriums, driving schools, barber shops, beauty parlors, beauty schools, billiard or pool establishments, blacksmith, wheelwright, bondsman, booking agent, bowling alleys, brokers and commission merchants other than real estate or financial, business research and consulting services, chartered clubs, child-care attendants or schools,. collection agencies, commercial photography, commercial art, commercial graphics, commercial sports, dance halls, dance studios or schools, data processing services, developing photographs, detective agency, protective services drafting services, engravers, awning services, extermination services, funeral services and crematories, golf courses, driving ranges, miniature golf, hauling or sand or dirt, hotels, motels, inns, boarding houses, trailer parks, campsites, house cleaning services, impounding lots, information bureaus, instructors, tutors, interior decorating, janitorial services, laundry and cleaning services mailing and messenger services, marinas and boat landings, massage services, movie theaters, nickel plating, chromizing, electroplating, physician registries, nursing and personal care facilities, hauling or moving goods for others, parcel delivery services, parking lots, pawnbrokers, employment bureaus, photographers, piano tuning, picture framing, private hospitals, public relations services, realty listing services, rental or leasing of personal property, reproduction services, secretarial services, septic tank cleaning, shoe repair, sign painting, speculative builders, storage, subdividers and developers, swimming pool • maintenance and management, taxidermists, telephone answering services, theaters, towing services, buses and taxicabs, travel bureaus, tree surgeons and removal, auto washing or cleaning. Pulaski BPOL Effective January 1, 1997 ~~ "Professional services" means services performed by architects, attome s-at- Y law, certified public accountants, dentists, engineers, land surveyors, surgeons, veterinarians, and practitioners of the healing arts (the arts and sciences dealing with the prevention, diagnosis, treatment and cure or alleviation of human physical or mental ailments, conditions, diseases, pain or infirmities) and such occupations, and no others, as the Virginia Department of Taxation may list in the BPOL guidelines promulgated pursuant to §58.1-3701 of the Code of Virginia. The Department shall identify and list each occupation or vocation in which a professed knowledge of some department of science or teaming, gained by a prolonged course of specialized instruction and study is used by its practical application to the affairs of others, either advising, guiding, or teaching them, and in serving their interests or welfare in the practice of an art or science founded on it. The word profession implies attainments in professional knowledge as distinguished from mere skill, and the application of knowledge to uses for others rather than for personal profit. "Purchases" shall mean all goods, wares and merchandise received for sale at each definite place of business of a wholesale merchant. The term shall also include the cost of manufacture of all goods, wares and merchandise manufactured by any wholesaler or wholesale merchant and sold or offered for sale. Such merchant may elect to report the gross receipts from the sale of manufactured goods, wares and merchandise if it cannot determine or chooses not to disclose the cost of manufacture. • "Real estate services" shall mean renderin a service for com ens g p anon as lessor, buyer, seller, agent or broker and providing a real estate service, unless the service is otherwise specifically provided for in this ordinance, and such services include, but are not limited to, the following: Appraisers of real estate Escrow agents, real estate Fiduciaries, real estate Lessors of real property Real estate agents, brokers and managers Real estate selling agents Rental agents for real estate "Retailer" or "Retail Merchant" shall mean any person or merchant who sells goods, wares and merchandise for use or consumption by the purchaser or for any purpose other than resale by the purchaser, but does not include sales at wholesale to institutional, commercial and industrial users. "Services" shall mean things purchased by a customer which do not have • physical characteristics, or which are not goods, wares, or merchandise. Pulaski BPOL Effective January 1, 1997 `~~ ~ "Wholesaled' or "Wholesale Merchant" shall mean any person or merchant who sells wares and merchandise for resale by the purchaser, including sales when the goods, wares and merchandise will be incorporated into goods and services for sale, and also includes sales to institutional, commercial, government and industrial users which because of the quantity, price, or other terms indicate that they are consistent with sales at wholesale. C. License Requirement. (a) Every person engaging in the Town in any business, trade, profession, occupation or calling (collectively hereinafter "a business") as defined in this ordinance, unless otherwise exempted by law, shall apply for a license for each such business if (i) such person maintains a definite place of business in the Town, (ii) such person does not maintain a definite office anywhere but does maintain an abode in the Town, which abode for the purposes of this ordinance shall be deemed a definite place of business, or (iii) there is no definite place of business but such person operates amusement machines, is engaged as a peddler or itinerant merchant, carnival or circus as specified in §§ 58.1-3717, 3718, or 3728, respectively of the Code of Virginia, or is a contractor subject to §58.1-3715 of the Code of Virginia, or is a public service corporation subject to §58.1-3731 of the Code of Virginia. A separate license shall be required for each definite place of business. A person engaged in two or more businesses or professions carried on at the same place of business may elect to obtain one license for all such businesses and professions if all of the following criteria are satisfied: (i) each business or profession is licensable at the location and has satisfied any requirements imposed by state law or other provisions of the ordinances of the Town; (ii) all of the businesses or professions are subject to the same tax rate, or, if subject to different tax rates, the licensee agrees to be taxed on all businesses and professions at the highest rate; and (iii) the taxpayer agrees to supply such information as the assessor may require concerning the nature of the several businesses and their gross receipts. (b) Each person subject to a license tax shall apply for a license prior to beginning business, if he was not subject to licensing in the Town on or before January 1 of the license year, or no later than March 1 of the current license year if he had been issued a license for the preceding license year. The application shall be on forms prescribed by the assessing official. (c) The tax shall be paid with the application in the case of any license not based on gross receipts. If, the tax is measured by the gross receipts of the business, the tax shall be paid on or before March 1 of each year. (d) The assessing official may grant an extension of time, not to exceed 90 days, in which to file an application for a license, for reasonable cause. The extension shall be conditioned upon the timely payment of a reasonable estimate of the • appropriate tax, subject to adjustment to the correct tax at the end of the extension together with interest from the due date until the date paid and, if the estimate Pulaski BPOL Effective January 1, 1997 6 ~{L3 • submitted with the extension is found to be unreasonable under the circumstances, a penalty of ten percent of the portion paid after the due date. (e) A penalty of ten percent of the tax may be imposed upon the failure to file an application or the failure to pay the tax by the appropriate due date. Only the late filing penalty shall be imposed by the assessing official if both the application and payment are late; however, both penalties may be assessed if the assessing official determines that the taxpayer has a history of noncompliance. In the case of an assessment of additional tax made by the assessing official, if the application and, if applicable, the retum were made in good faith and the understatement of the tax was not due to any fraud, reckless or intentional disregard of the law by the taxpayer, there shall be no late payment penalty assessed with the additional tax. If any assessment of tax by the assessing official is not paid within thirty days the treasurer may impose a ten percent late payment penalty. The penalties shall not be imposed, or if imposed, shall be abated by the official who assessed them, if the failure to file or pay was not the fault of the taxpayer. In order to demonstrate lack of fault, the taxpayer must .show that he acted responsibly and that the failure was due to events beyond his control. "Acted responsibly" means that: (i) the taxpayer exercised the level of reasonable care that a prudent person would exercise under the circumstances in determining the filing obligations for the business and (ii) the taxpayer undertook significant steps to avoid or mitigate the failure, such as requesting appropriate . extensions (where applicable), attempting to prevent a foreseeable impediment, acting to remove an impediment once it occurred, and promptly rectifying a failure once the impediment was removed or the failure discovered. "Events beyond the taxpayer's control" include, but are not limited to, the unavailability of records due to fire or other casualty; the unavoidable absence (e.g., due to death or serious illness) of the person with the sole responsibility for tax compliance; or the taxpayer's reasonable reliance in good faith upon erroneous written information from the assessing official, who was aware of the relevant facts relating to the taxpayer's business when he provided the erroneous information. (f) Interest shall be charged on the late payment of the tax from the due date until the date paid without regard to fault or other reason for the late payment. Whenever an assessment of additional or omitted tax by the assessing official is found to be erroneous, a!I interest and penalty charged and collected on the amount of the assessment found to be erroneous shall be refunded together with interest on the refund from the date of payment or the due date, whichever is later. Interest shall be paid on the refund of any tax paid under this ordinance from the date of payment or due date, whichever is later, whether attributable to an amended return or other reason. Interest on any refund shall be paid at the same rate charged under §58.1-3916. • No interest shall accrue on an adjustment of estimated tax liability to actual liability at the conclusion of a base year. No interest shall be paid on a refund or charged on a late payment, in event of such adjustment, provided the refund or the late Pulaski BPOL Effective January 1, 1997 7 ~L~ • payment is made not more than thirty days from (i) the date of the payment that created the refund, or (ii) the due date of the tax, whichever is later. D. Situs of Gross Receipts. (a) General rule. Whenever the tax imposed by this ordinance is measured by gross receipts, the gross receipts included in the taxable measure shall be only those gross receipts attributed to the exercise of a licensable privilege at a definite place of business within the Town. In the case of activities conducted outside of a definite place of business, such as during a visit to a customer location, the gross re- ceipts shall be attributed to the definite place of business from which such activities are initiated, directed, or controlled. The situs of gross receipts for different classifications of business shall be attributed to one or more definite places of business or offices as follows: (1) The gross receipts of a contractor shall be attributed to the definite place of business at which his services are performed, or if his services are not performed at any definite place of business, then the definite place of business from which his services are directed or controlled, unless the contractor is subject to the provisions of §58.1-3715 of the Code of Virginia. • (2) The gross receipts of a retailer or wholesaler shall be attributed to the definite place of business at which sales solicitation activities occur, or if sales solicitation activities do not occur at any definite place of business, then the definite place of business from which sales solicitation activities are directed or controlled; however, a wholesaler or distribution house subject to a license tax measured by purchases shall determine the situs of its purchases by the definite place of business at which or from which deliveries of the purchased goods, wares and merchandise are made to customers. Any wholesaler who is subject to license tax in two or more localities and who is subject to multiple taxation because the localities use different measures, may apply to the Department of Taxation for a determination as to the proper measure of purchases and gross receipts subject to license tax in each locality. (3) The gross receipts of a business renting tangible personal property shall be attributed to the definite place of business from which the tangible personal property is rented or, if the property is not rented from any definite place of business, then the definite place of business at which the rental of such property is managed. (4) The gross receipts from the performance of services shall be attributed to the definite place of business at which the services are performed or, if not performed at any definite place of business, then the definite place of business from which the services are directed or controlled. (b) Apportionment. If the licensee has more than one definite place of business and it is impractical or impossible to determine to which definite place of Pulaski BPOL Effective January 1, 1997 8 ~f La • business gross receipts should be attributed under the general rule, and the affected jurisdictions are unable to reach an apportionment agreement, except as to circumstances set forth in §58.1-3709 of the Code of Virginia, the gross receipts of the business shall be apportioned between the definite places of businesses on the basis of payroll. Gross receipts shall not be apportioned to a definite place of business unless some activities under the applicable general rule occurred at, or were controlled from, such definite place of business. Gross receipts attributable to a definite place of business in another jurisdiction shall not be attributed to the Town solely because the other jurisdiction does not impose a tax on the gross receipts attributable to the definite place of business in such other jurisdiction. (c) Agreements. The assessor may enter into agreements with any other political subdivision of Virginia concerning the manner in which gross receipts shall be apportioned among definite places of business. However, the sum of the gross receipts apportioned by the agreement shall not exceed the total gross receipts attributable to all of the definite places of business affected by the agreement. In the event the assessing official is notified or becomes aware that its method of attributing gross receipts is fundamentally inconsistent with the method of one or more political subdivisions in which the taxpayer is licensed to engage in business and that the difference has, or is likely to, result in taxes on more than 100°r6 of its gross receipts from all locations in the affected jurisdictions, the assessor shall make a good faith effort to reach an apportionment agreement with the other political subdivisions • involved. E. Limitations and extensions (a) Where, before the expiration of the time prescribed for the assessment of any license tax imposed pursuant to this ordinance, both the assessing official and the taxpayer have consented in writing to its assessment after such time, the tax may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. (b) Notwithstanding § 58.1-3903 of the Code of Virginia, the assessing official shall assess the local license tax omitted because of fraud or failure to apply for a license for the current license year and the six preceding years. [Note that this applies to only 1997 and later. Prior to 1977 is current plus three preceding years.] (c) The period for collecting any local license tax shall not expire prior to the period specified in § 58.1-3940 of the Code of Virginia, two years after the date of assessment if the period for assessment has been extended pursuant to this subdivision, two years after the final determination of an appeal for which collection has • been stayed pursuant to the following subsection F(b) or F(d) of this ordinance, or two years after the final decision in a court application pursuant to § 58.1-3984 of the Code of Virginia or similar law for which collection has been stayed, whichever is later. Pulaski BPOL Effective January 1, 1997 9 ~ ` (o • F. Aaaeals and Rulings (a) My person assessed with a licensing tax under this ordinance as the result of an audit may apply within 90 days from the date of the assessment to the assessing official for a correction of the assessment. The application must be filed in good faith and sufficiently identify the taxpayer, audit period, remedy sought, each alleged error in the assessment, the grounds upon which the taxpayer relies, and any other facts relevant to the taxpayer's contention. The assessor may hold a conference with the taxpayer if requested by the taxpayer, or require submission of additional information and documents, further audit, or other evidence deemed necessary for a proper and equitable determination of the applications. The assessment shall be deemed prima facie correct. The assessor shall undertake. a full review of the taxpayer's claims and issue a determination to the taxpayer setting forth its position. Every assessment pursuant to an audit shall be accompanied by a written explanation of the taxpayer's right to seek correction and the specific procedure to be followed in the jurisdiction (e.g., the name and address to which an application should be directed). (b) Provided an application is made within 90 days of an assessment, collection activity shall be suspended until a final determination is issued by the assessor, unless the assessor determines that collection would be jeopardized by delay or that the taxpayer has not responded to a request for relevant information after • a reasonable time. Interest shall accrue in accordance with the provisions of subsection C(f) of this ordinance, but no further penalty shall be imposed while collection action is suspended. The term "jeopardized by delay" includes a finding that the application is frivolous, or that a taxpayer desires (i) to depart quickly from the locality, (ii) to remove his property therefrom, (iii) to conceal himself or his property therein, or (iv) to do any other act tending to prejudice, or to render wholly or partially ineffectual, proceedings to collect the tax for the period in question. (c) Any person assessed with a license tax under this ordinance as a result of an audit may apply within ninety days of the determination by the assessing official on an application pursuant to subsection F(a) above to the Tax Commissioner for a correction of such assessment. The Tax Commissioner shall issue a determination to the taxpayer within ninety days of receipt of the taxpayer's application, unless the taxpayer and the assessing official are notified that a longer period will be required. The application shall be treated as an application pursuant to § 58.1 - 1821 of the Code of Virginia, and the Tax Commissioner may issue an order correcting such assessment pursuant to § 58.1 - 1822 of the Code of Virginia. Following such an order, either the taxpayer or the assessing official may apply to the appropriate circuit court pursuant to § 58.1-3984 of the Code of Virginia. However, the burden shall be on the party making the application to show that the ruling of the Tax Commissioner is erroneous. Neither the Tax Commissioner nor the Department of Taxation shall be made a party to an • application to correct an assessment merely because the Tax Commissioner has ruled on it. Pulaski BPOL Effective January 1, 1997 10 ~L7 • (d) On receipt of a notice of intent to ale an appeal to the Tax Commissioner under subsection F (c) above, the assessing official shall further suspend collection activity until a final determination is issued by the Tax Commissioner, unless the assessor determines that collection would be jeopardized by delay or that the taxpayer has not responded to a request for relevant information after a reasonable time. Interest shall accrue in accordance with the provisions of subsection C(f), but no further penalty shall be imposed while collection action is suspended. The term "jeopardized by delay" shall have the same meaning as set forth in subsection F(b) above. (e) Any taxpayer may request a written ruling regarding the application of the tax to a specific situation from the assessor. Any person requesting such a ruling must provide all the relevant facts for the situation and may present a rationale for the basis of an interpretation of the .law most favorable to the taxpayer. Any misrepresentation or change in the applicable law or the factual situation as presented in the ruling request shall invalidate any such ruling issued. A written ruling may be revoked or amended prospectively if (i) there is a change in the law, a court decision, or (ii) the assessor notifies the taxpayer of a change in the policy or interpretation upon which the ruling was based. However, any person who acts on a written ruling which later becomes invalid shall be deemed to have acted in good faith during the period in which such ruling was in effect. G. Recordkeepin4 and audits. • Every person who is assessable with a license tax shall keep sufficient records to enable the assessor to verify the correctness of the tax paid for the license years assessable and to enable the assessor to ascertain what is the correct amount of tax that was assessable for each of those years. All such records, books of accounts and other information shall be open to inspection and examination by the assessor in order to allow the assessor to establish whether a particular receipt is directly attributable to the taxable privilege exercised within the Town. The assessor shall provide the taxpayer with the option to conduct the audit in the taxpayer's local business office, if the records are maintained there. In the event the records are maintained outside the Town, copies of the appropriate books and records shall be sent to the assessor's office upon demand. H. Exclusions and deductions from "gross receipts." (a) General Rule. Gross receipts for license tax purposes shall not include any amount not derived from the exercise of the licensed privilege to engage in a business or profession in the ordinary course of business or profession. (b) The following items shall be excluded from gross receipts: • (1) Amounts received and paid to the United States, the Commonwealth or any county, city or town for the Virginia retail sales or use tax, or for any local sales tax Pulaski BPOL Effective January 1, 1997 11 ~{L ~' • or any local excise tax on cigarettes, for any federal or state excise taxes on motor fuels. (2) Any amount representing the liquidation of a debt or conversion of another asset to the extent that the amount is attributable to a transaction previously taxed (e.g., the factoring of accounts receivable created by sales which have been included in taxable receipts even though the creation of such debt and factoring are a regular part of its business). (3) Any amount representing returns and allowances granted by the business to its customer. (4) Receipts which are the proceeds of a loan transaction in which the licensee is the obligor. (5) Receipts representing the return of principal of a loan transaction in which the licensee is the creditor, or the return of principal or basis upon the sale of a capital asset. (6) Rebates and discounts taken or received on account of purchases by the licensee. A rebate or other incentive offered to induce the recipient to purchase certain goods or services from a person other than the offeror, and which the recipient assigns • to the licensee in consideration of the sale of goods and services shall not be considered a rebate or discount to the licensee, but shall be included in the licensee's gross receipts together with any handling or other fees related to the incentive. (7) Withdrawals from inventory for purposes other than sale or distribution and for which no consideration is received and the occasional sale or exchange of assets other than inventory, whether or not a gain or loss is recognized for federal income tax purposes. (8) Investment income not directly related to the privilege exercised by a licensable business not classified as rendering financial services. This exclusion shall apply to interest on bank accounts of the business, and to interest, dividends and other income derived from the investment of its own funds in securities and other types of investments unrelated to the licensed privilege. This exclusion shall not apply to interest, late fees and similar income attributable to an installment sale or other transaction that occurred in the regular course of business. (b) The following shall be deducted from gross receipts or gross purchases that would otherwise be taxable: (1) Any amount paid for computer hardware and software that are sold to • a United States federal or state government entity provided that such property was purchased within two years of the sale to said entity by the original purchaser who shall Pulaski BPOL Effective January 1, 1997 12 ~~~ • have been contractually obligated at the time of purchase to resell such property to a state or federal govemment entity. This deduction shall not occur until the time of resale and shall apply to only the original cost of the property an not to its resale price, and the deduction shall not apply to any of the tangible personal property which was the subject of the original resale contract if it is not resold to a state or federal government entity in accordance with the original contract obligation. (2) Any receipts attributable to business conducted in another state or foreign country in which the taxpayer is liable for an income or other tax based upon income. I. Rates of license taxes. Every person or business subject to licensure under the ordinance shall be assessed and required to pay annually: (a) A fee for the issuance of such license in the amount of thirty dollars ($30.00); (b) In addition to the license fee specified in subsection (a) above, and except as may be otherwise provided in §§ 58.1-3712, 58.1-3712.1 and 58.1-3713 of the Code of Virginia, every such person or business shall be assessed and required to pay annually • a license tax on all the gross receipts of such persons includable as provided in this ordinance at a rate set forth below for the class of enterprise listed: 1. For contractors and persons constructing for their own account for sale, sixteen (16) cents per $100 of gross receipts; 2. For retailers, sixteen (16) cents per $100 of gross receipts; 3. For financial, real estate and professional services, forty (40)cents per $100 of gross receipts; 4. For repair, personal and business services and all other businesses and occupations not specifically listed or exempted in this ordinance or otherwise by law, twenty (20) cents per $100 of gross receipts; 5. For wholesalers, thirteen (13) per $100 of gross receipts for the first two million dollars; five (5} cents per $100 of gross receipts for the next million; and one (1) cent per $100 of gross receipts over three million. 6. For carnivals and circuses, $100 for each series of consecutive daily performances held in the Town, unless exempt under §58.1-3728 of the Code of Virginia; Pulaski BPOL Effective January 1, 1997 13 ~30 7. For fortune tellers, clairvoyants and practitioners of palmistry, $500 per year; 8. For itinerant merchants or peddlers, $500 per year; 9. For photographers not having a definite place of business within the Commonwealth, $30 per year; 10. For direct sellers as defined in §58.1-3719.1 of the Code of Virginia with total annual sales in excess of $4,000, sixteen (16) cents per $100 of total annual retail sales or five (5) cents per $100 of total annual wholesale sales, whichever is applicable. Where state law imposes a limit on the maximum amount of tax to be imposed on a specific business, that limit shall be observed, except where the rates of the Town have been in effect prior to the effective date of such limitation. J. Effective Date. This ordinance is effective as to businesses operating and licenses issued on or • after January 1, 1997. • Pulaski BPOL Effective January 1, 1997 14 y31 I, Ruth A. Harrell, Clerk of the Town of Pulaski Vir inia do hereb g ~ Y certify that the foregoing Ordinance No. 96-34 is a true and correct copy of the Ordinance set out and adopted this 3rd Day of December 1996. ~- Ru h A. Harrell, Clerk of Council r~ L._J •