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1999 SESSION

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SB 1028 BPOL tax; license tax on motor vehicle dealers.

Introduced by: Emmett W. Hanger, Jr. | all patrons    ...    notes | add to my profiles | history

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:

BPOL tax; license tax on motor vehicle dealers. Requires any motor vehicle dealer who collects excess business license tax from purchasers to exercise due diligence to return the overpayment, in excess of one dollar, to the purchasers within 120 days of discovering the overpayment and certifying such to the local commissioner of the revenue or other local assessing official. Any amounts which are not refunded shall be paid to the commissioner of the revenue or other local assessing official. The locality shall refund such excess taxes to purchasers who produce documentation verifying an overpayment, within three years after the locality received such amounts. After the three-year period, the Commissioner shall consider such funds as additional BPOL tax revenue. The locality may recover administrative costs from the dealer.

SUMMARY AS PASSED:

BPOL tax; license tax on motor vehicle dealers. Allows localities to provide by ordinance that any motor vehicle dealer who collects excess business license tax from purchasers shall return the overpayment, in excess of one dollar, to the purchasers within 120 days of discovering the overpayment and certifying such to the local commissioner of the revenue or other local assessing official. Any amounts which are not refunded shall be paid to the commissioner of the revenue or other local assessing official as additional business license tax. The locality may provide for a refund of such excess taxes to purchasers for a period up to three years after receiving such amounts.

SUMMARY AS INTRODUCED:

BPOL tax; license tax on motor vehicle dealers. Allows localities to provide by ordinance that any motor vehicle dealer who collects excess business license tax from purchasers shall return the overpayment to the purchasers within 120 days of discovering the overpayment and certifying such to the local commissioner of the revenue or other local assessing official. Any amounts which are not refunded shall be paid to the commissioner of the revenue or other local assessing official as additional business license tax.