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2012 SESSION
12102590DBe it enacted by the General Assembly of Virginia:
1. That [ §
58.1-202 of the Code of Virginia is amended and reenacted and that ] the Code of Virginia is amended by adding a
section numbered 30-19.1:11 as follows:
§ 30-19.1:11. Legislation that creates or renews tax credits.
No bill proposing to add a new state tax credit or renew an existing state tax credit shall be reported from any committee of the General Assembly unless such bill contains an expiration date of not longer than five years from the effective date of the new or renewed state tax credit.
[ § 58.1-202. General powers and duties of Tax
Commissioner.
In addition to the powers conferred and the duties imposed
elsewhere by law upon the Tax Commissioner, he shall:
1. Supervise the administration of the tax laws of the
Commonwealth, insofar as they relate to taxable state subjects and assessments
thereon, with a view to ascertaining the best methods of reaching all such
property, of effecting equitable assessments and of avoiding conflicts and
duplication of taxation of the same property.
2. Recommend to the Governor and the General Assembly
measures to promote uniform assessments, just rates and harmony and cooperation
among all officials connected with the revenue system of the Commonwealth.
3. Exercise general supervision over all commissioners of
the revenue so far as the duties of such officers pertain to state revenues,
and confer with, instruct and advise all such officers in the performance of
their duties to the extent stated.
4. Investigate at any time the assessment and collection of
state taxes in any county or city and when the assessment is found unreasonable
and unjust take steps to correct the same in the manner provided by law.
5. Institute proceedings by motion in writing in the proper
court for the removal or suspension of commissioners of the revenue for
incompetency, neglect or other official misconduct and order the Comptroller to
withhold compensation from any commissioner of the revenue who fails to comply
with any law governing the duties or any lawful instruction of the Tax
Commissioner, until such commissioner of the revenue complies with such law or
instruction.
6. Provide commissioners of the revenue with information
and assistance in the assessment of personal property, including the
maintenance of a reference library and the conduct of instructional programs.
7. Prescribe the forms of books, schedules and blanks to be
used in the assessment and collection of state taxes and call for and prescribe
the forms of such statistical reports, notices and other papers as he may deem
necessary to the proper administration of the law, and prescribe and install
uniform systems to be used by assessing officials.
8. Direct such proceedings, actions and prosecutions to be
instituted as may be needful to enforce the revenue laws of the Commonwealth
and call on the Attorney General or other proper officer to prosecute such
actions and proceedings.
9. Intervene, by petition or otherwise, whenever deemed
advisable in any action or proceeding pending in any court wherein the
constitutionality or construction of any state tax or revenue statute or the
validity of any state tax is in question. The court wherein such action or
proceeding is pending may, by order entered therein, make the Tax Commissioner
a party thereto whenever deemed necessary.
10. Upon request by any local governing body, local board
of equalization or any ten citizens and taxpayers of the locality, render
advisory aid and assistance to such board in the matter of equalizing the assessments
of real estate and tangible personal property as among property owners of the
locality.
11. Annually make available to every county and city and,
where appropriate, towns, a general reassessment procedures manual which
provides the legal requirements for conducting general reassessments, and
guidelines suggesting the broad range of factors in addition to market data
that are appropriate for consideration in the determination of fair market
value of both rural and urban land and structures.
12. Issue an annual report to the members of the House
Appropriations Committee, the House Finance Committee, and the Senate Finance
Committee detailing procedures used in the collections process and how the
Virginia Taxpayer Bill of Rights (§ 58.1-1845) is implemented to assist with
such collections.
13. Ensure that employees of the Department are not paid,
evaluated, or promoted on the basis of the amount of assessments or collections
from taxpayers.
14. Issue an annual report to the members of the General Assembly
and post such report on the Department's website that details the total amount
of corporate income tax relief provided in the Commonwealth during the second
preceding tax year. The report shall (i) include the total dollar amount of
income tax subtractions, deductions, exclusions, and exemptions claimed
cumulatively by corporations; (ii) identify all tax credits claimed; (iii)
provide an analysis of the fiscal impact of the corporate tax relief; and (iv)
provide summary information regarding the types of taxpayers who claim the tax
relief. The report shall also provide information on the number of companies
that have qualified for the major business facility job tax credit established
under § 58.1-439 and the amount of such credits. The report shall be submitted
by October 1 of each year.
15. Obtain information from each income tax taxpayer as to
whether the taxpayer claimed a federal earned income tax credit and the amount
claimed, unless such information can be calculated based on other information in
the taxpayer's return.
16. Undertake a study annually, and report its findings
to the Governor and General Assembly by December 1 of each year, of the most
recent annual revenue loss of each state tax credit that is scheduled to sunset
in the following two calendar years. ]