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2012 SESSION
12100596DBe it enacted by the General Assembly of Virginia:
1. That § 58.1-609.6 of the Code of Virginia is amended and reenacted as follows:
§ 58.1-609.6. Media-related exemptions.
The tax imposed by this chapter or pursuant to the authority granted in §§ 58.1-605 and 58.1-606 shall not apply to the following:
1. Leasing, renting or licensing of copyright audio or video tapes, and films for public exhibition at motion picture theaters or by licensed radio and television stations.
2. Broadcasting equipment and parts and accessories thereto and towers used or to be used by commercial radio and television companies, wired or land based wireless cable television systems, common carriers or video programmers using an open video system or other video platform provided by telephone common carriers, or concerns which are under the regulation and supervision of the Federal Communications Commission and amplification, transmission and distribution equipment used or to be used by wired or land based wireless cable television systems, or open video systems or other video systems provided by telephone common carriers.
3. Any publication issued daily, or regularly at average intervals not exceeding three months, and advertising supplements and any other printed matter ultimately distributed with or as part of such publications; however, newsstand sales of the same are taxable. As used in this subdivision, the term "newsstand sales" shall not include sales of back copies of publications by the publisher or his agent.
4. Catalogs, letters, brochures, reports, and similar printed
materials, except administrative supplies, the envelopes, containers and labels
used for packaging and mailing same, and paper furnished to a printer for
fabrication into such printed materials, when stored for 12 months or less in
the Commonwealth and distributed for use without the Commonwealth. As used in
this subdivision, "administrative supplies" includes, but is not
limited to, letterhead, envelopes, and other stationery; and invoices, billing
forms, payroll forms, price lists, time cards, computer cards, and similar
supplies. Notwithstanding the provisions of subdivision 5 of this section or
the definition of "advertising" contained in § 58.1-602, (i) any
advertising business located outside the Commonwealth which purchases printing
from a printer within the Commonwealth shall not be deemed the user or consumer
of the printed materials when such purchases would have been exempt under this
subdivision, and (ii) from July 1, 1995, through June 30, 2002, and beginning
July 1, 2002, and ending July 1, 2012 2017, any advertising
business which purchases printing from a printer within the Commonwealth shall
not be deemed the user or consumer of the printed materials when such purchases
would have been exempt under subdivision 3 or this subdivision, provided that
the advertising agency shall certify to the Tax Commissioner, upon request,
that such printed material was distributed outside the Commonwealth and such
certification shall be retained as a part of the transaction record and shall
be subject to further review by the Tax Commissioner.
5. Advertising as defined in § 58.1-602.
6. Beginning July 1, 1995, and ending July 1, 2019:
a. (i) The lease, rental, license, sale, other transfer, or
use of any audio or video tape, film or other audiovisual work where the
transferee or user acquires or has acquired the work for the purpose of
licensing, distributing, broadcasting, commercially exhibiting or reproducing
the work or using or incorporating the work into another such work; (ii) the
provision of production services or fabrication in connection with the
production of any portion of such audiovisual work, including, but not limited
to, scriptwriting, photography, sound, musical composition, special effects,
animation, adaptation, dubbing, mixing, editing, cutting and provision of
production facilities or equipment; or (iii) the transfer or use of tangible
personal property, including, but not limited to, scripts, musical scores,
storyboards, artwork, film, tapes and other media, incident to the performance
of such services or fabrication; however, audiovisual works and incidental
tangible personal property described in clauses (i) and (iii) of this
subdivision shall be subject to tax as otherwise provided in this chapter
to the extent of the value of their tangible components prior to their use in
the production of any audiovisual work and prior to their enhancement by any
production service; and
b. Equipment and parts and accessories thereto used or to be used in the production of such audiovisual works.
7. From July 1, 1998, and ending July 1, 2012, textbooks and other educational materials withdrawn from inventory at book-publishing distribution facilities for free distribution to professors and other individuals who have an educational focus.
[ 2. That the Department of Taxation shall submit a report concerning the sales tax exemption set forth in subdivision 4 of § 58.1-609.6 of the Code of Virginia to the House Committee on Appropriations, the House Committee on Finance, and the Senate Committee on Finance no later than November 15 of the year immediately preceding any taxable year or calendar year in which the exemption is due to expire. Such report shall include an estimate of the revenues not collected due to the exemption, and any other information deemed relevant by the Department of Taxation. ]