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2008 SESSION
082918332Be it enacted by the General Assembly of Virginia:
1. That § 58.1-626 of the Code of Virginia, as it is currently effective and as it shall become effective, is amended and reenacted as follows:
§ 58.1-626. (Effective until July 1, 2012) Absorption of tax prohibited.
No person shall advertise or hold out to the public,
directly or indirectly, that he will absorb all or any part of the sales or
use tax, or that he will relieve the purchaser, consumer, or lessee of the
payment of all or any part of such tax. The advertising or holding out to
the public that a person will provide a discount in an amount equal to the
sales or use tax shall not be deemed an advertisement or offer to absorb the
sales or use tax, provided that the advertisement or offer clearly states that the
sales or use tax shall be collected on the reduced price and remitted to the
Tax Commissioner. Any person who violates this section shall be guilty of a
Class 2 misdemeanor. The prohibitions contained in this section shall not apply
(i) during the time period set out in § 58.1-611.2 or subdivision 18 of §
58.1-609.1 or during the 14 days immediately preceding such time period for
advertisements relating to sales to be made during the time period set out in §
58.1-611.2 or subdivision 18 of § 58.1-609.1; and (ii) during the time period
set out in § 58.1-611.3 or during the 14 days immediately preceding such time
period for advertisements relating to sales to be made during the time period
set out in § 58.1-611.3.
§ 58.1-626. (Effective July 1, 2012) Absorption of tax prohibited.
No person shall advertise or hold out to the public,
directly or indirectly, that he will absorb all or any part of the sales or
use tax, or that he will relieve the purchaser, consumer, or lessee of the
payment of all or any part of such tax. The advertising or holding out to
the public that a person will provide a discount in an amount equal to the
sales or use tax shall not be deemed an advertisement or offer to absorb the
sales or use tax, provided that the advertisement or offer clearly states that
the sales or use tax shall be collected on the reduced price and remitted to
the Tax Commissioner. Any person who violates this section shall be guilty
of a Class 2 misdemeanor. The prohibitions contained in this section shall not
apply during the time period set out in § 58.1-611.2 or during the 14 days
immediately preceding such time period for advertisements relating to sales to
be made during the time period set out in § 58.1-611.2.