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1999 SESSION

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992874442
HOUSE BILL NO. 2545 Offered January 21, 1999 A BILL to amend and reenact §§ 58.1-640, 58.1-641 and 58.1-642 of the Code of Virginia, relating to the tire tax. ---------- Patron-- Ruff ---------- Referred to Committee on Finance ----------

Be it enacted by the General Assembly of Virginia:

1. That §§ 58.1-640, 58.1-641 and 58.1-642 of the Code of Virginia are amended and reenacted as follows:

§ 58.1-640. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Fund" means the Waste Tire Trust Fund.

"RetailerWholesaler of tires" means any person engaged in the business of making retailwholesale sales of tires, whether new or used, within this Commonwealth. "Retail sales" do not include the sale of tires to a person solely for the purpose of resale, provided the subsequent retail sale in this Commonwealth is subject to the tax levied by the provisions of this chapter.

"Tire" means a continuous solid or pneumatic rubber covering encircling the wheel of a vehicle used for transportation purposes.

§ 58.1-641. Imposition of tire tax.

There is hereby levied and imposed upon every retailerwholesaler of tires in the Commonwealth, in addition to all other taxes and fees of every kind now imposed by law, a tax of fifty cents for each new tire sold by such retailer wholesaler.

§ 58.1-642. Collection of tire tax; deductions; exemptions.

A. The tire tax levied under this chapter shall be collected by the Tax Commissioner in the same manner as is the retail sales and use tax, pursuant to Chapter 6 (§ 58.1-600 et seq.) of this title.

B. The tax imposed under § 58.1-641 shall not apply to new tires for:

1. Any device moved exclusively by human power;

2. Any device used exclusively upon stationary rails or tracks; or

3. Any device used exclusively for farming purposes, except a farm truck.

C. For the purpose of compensating a retailer wholesaler of tires for accounting for and remitting the tax levied by this chapter such retailer wholesaler shall be allowed five percent of the amount of tax due and accounted for in the form of a deduction in submitting his return and paying the amount due by him if the amount due was not delinquent at the time of payment.