City of Franklin, VA Licenses

It shall be unlawful for any person to violate any provision of this chapter.

Any person convicted of a violation of any provision of this chapter shall be punished by a fine of not less than $25 nor more than $500. Such conviction and the payment of such fine shall not relieve such person from payment of any tax imposed by this chapter.

§ 15-5 Operating a business without a license.

[Ord. of 12-9-1996]

It shall be unlawful for any person to engage in any business, profession, or occupation for which a license is required in the City without obtaining a license under this chapter.

No business license shall be issued under this chapter until the applicant produces satisfactory evidence that all properly assessed delinquent business license, personal property, meals and transient occupancy taxes owed by the business to the City have been paid.

§ 15-6 Making false statements in application.

[Ord. of 12-9-1996]

It shall be unlawful to make false statements with intent to defraud in any application or in any information given to obtain a license under this chapter.

§ 15-7 Duty of Commissioner of Revenue.

[Ord. of 12-9-1996; amended by Ord. of 11-23-1998(1)]

It shall be the duty of the Commissioner of Revenue to require all persons engaged in any business, profession or occupation in the City which requires a license under this chapter to obtain such license in a timely manner and to keep a record of all applications filed therefor.

It shall be the duty of the Commissioner of Revenue to report monthly to the City Manager or director of finance the aggregate amount of licenses assessed under this chapter during the month and placed in the hands of the Treasurer for collection.

Pursuant to the Code of Virginia § 58.1-3017, in order to facilitate the assessment, billing and collection of the license tax imposed and levied in this chapter, it shall be the duty of the Commissioner of Revenue to obtain and record the name, address and social security number or other tax identification number of all persons subject to the license taxes imposed by this chapter.

Such tax identification numbers shall be used solely for the assessment, billing and collection of license taxes hereunder and shall otherwise be considered and treated with confidentiality.

§ 15-8 Duty of Treasurer.

[Ord. of 12-9-1996; amended by Ord. No. 2005-4, 2-28-2005; 2-22-2010]

It shall be the duty of the Treasurer to collect the license taxes assessed under this chapter by the Commissioner of Revenue.

§ 15-9 Chapter does not repeal other tax ordinances.

[Ord. of 12-9-1996]

Nothing in this chapter shall be construed to repeal any other taxes imposed by any other ordinances of the City unless otherwise specified herein.

§ 15-10 Tax not imposed contrary to federal or state law.

[Ord. of 12-9-1996]

Nothing contained in this chapter shall be construed as imposing any license tax on any business, profession or occupation that the City is prohibited by federal or state law from taxing.

§ 15-11 Overriding conflicting ordinances.

[Ord. of 12-9-1996]

Except as may be otherwise provided by the laws of the Commonwealth of Virginia, and notwithstanding any other current ordinances or resolutions enacted by the City, whether or not compiled in this Code, to the extent of any conflict, beginning January 1, 1997, the following provisions shall be applicable to the levy, assessment, and collection of licenses required and taxes imposed on businesses, trades, professions and callings and upon the persons, firms and corporations engaged therein within this City.

§ 15-12 Definitions.

[Ord. of 12-9-1996]

For the purposes of this chapter, unless otherwise required by the context:

AFFILIATED GROUP

One or more chains of includable corporations connected through stock ownership with a common parent corporation which is an includable corporation if:

Stock processing at least 80% of the voting power of all classes of stock and at least 80% of each class of nonvoting stock of each of the includable corporations, except the common parent corporation, is owned directly by one or more of the other includable corporations; and

The common parent corporation directly owns stock possessing at least 80% of the voting power of all classes of stock and at least 80% of each class of the nonvoting stock of at least one of the other includable corporations. As used in this subdivision, the term "stock" does not include nonvoting stock which is limited and preferred as to dividends. The term "includable corporation" means any corporation within the affiliated group irrespective of the state or country of its incorporation; and the term "receipts" includes gross receipts and gross income.

ASSESSOR or ASSESSING OFFICIAL

Two or more corporations if five or fewer persons who are individuals, estates or trusts own stock possessing:

At least 80% of the total combined voting power of all classes of stock entitled to vote or at least 80% of the total value of shares of all classes of the stock of each corporation; and

More than 50% of the total combined voting power of all classes of stock entitled to vote or more than 50% of the total value of shares of all classes of stock of each corporation, taking into account the stock ownership of each such person only to the extent such stock ownership is identical with respect to each such corporation.

When one or more of the includable corporations, including the common parent corporation is a nonstock corporation, the term "stock" as used in this subdivision shall refer to the nonstock corporation membership or membership voting rights, as is appropriate to the context.

ASSESSMENT

A determination as to the proper rate of tax, the measure to which the tax rate is applied, and ultimately the amount of tax, including additional or omitted tax, that is due. An assessment shall include a written assessment made pursuant to notice by the assessing official or a self-assessment made by a taxpayer upon the filing of a return or otherwise not pursuant to notice. Assessments shall be deemed made by an assessing official when a written notice of assessment is delivered to the taxpayer by the assessing official or an employee of the assessing official, or mailed to the taxpayer at his last known address. Self-assessments shall be deemed made when a return is filed, or if no return is required, when the tax is paid. A return filed or tax paid before the last day prescribed by ordinance for the filing or payment thereof shall be deemed to be filed or paid on the last day specified for the filing of a return payment of tax, as the case may be.

The City Commissioner of Revenue.

BASE YEAR

The calendar year next preceding the license year, except for contractors subject to the provisions of Code of Virginia, § 58.1-3715, as amended.

BROKER

An agent of a buyer or a seller who buys or sells stocks, bonds, commodities, or services, usually on a commission basis.

BUSINESS

A course of dealing which requires the time, attention and labor of the person so engaged for the purpose of earning a livelihood or profit. It implies a continuous and regular course of dealing, rather than an irregular or isolated transaction. A person may be engaged in more than one business. The following acts shall create a rebuttable presumption that a person is engaged in a business: (i) advertising or otherwise holding oneself out to the public as being engaged in a particular business; or (ii) filing tax returns, schedules and documents that are required only of persons in a trade or business.

COMMODITY

Staples such as wool, cotton, etc. which are traded on a commodity exchange and on which there is trading in futures.

CONTRACTOR

The meaning prescribed in Code of Virginia, § 58.1-3714(D), as amended, whether such work is done or offered to be done by day labor, general contract or subcontract.

DEALER

For purposes of this chapter, any person engaged in the business of buying and selling securities for his own account, but does not include a bank, or any person insofar as he buys or sells securities for his own account, either individually or in some fiduciary capacity, but not as part of a regular business.

DEFINITE PLACE OF BUSINESS

An office or a location at which occurs a regular and continuous course of dealing for 30 consecutive days or more. A definite place of business for a person engaged in business may include a location leased or otherwise obtained from another person on a temporary or seasonal basis; and real property leased to another. A person's residence shall be deemed to be a definite place of business if there is no definite place of business maintained elsewhere and the person is not licensable as a peddler or itinerant merchant.

FINANCIAL SERVICES

The buying, selling, handling, managing, investing, and providing of advice regarding money, credit, securities and other investments and shall include the service for compensation by a credit agency, an investment company, a broker or dealer in securities and commodities or a security or commodity exchange, unless such service is otherwise provided for in this chapter.

GROSS RECEIPTS

The whole, entire, total receipts attributable to the licensed privilege, without deduction, except as may be limited by the provisions of Code of Virginia, § 58.1-3700 et seq., as amended.

LICENSE YEAR

The calendar year for which a license is issued for the privilege of engaging in business.

PERSONAL SERVICES

Rendering for compensation any repair, personal, business or other services not specifically classified as "financial, real estate or professional service" under this chapter, or rendered in any other business or occupation not specifically classified in this chapter unless exempted from local license tax by Code of Virginia, § 58.1-1 et seq.

PROFESSIONAL SERVICES

Services performed by architects, attorneys-at-law, certified public accountants, dentists, engineers, land surveyors, surgeons, veterinarians, and practitioners of the healing arts (the arts and sciences dealing with the prevention, diagnosis, treatment and cure or alleviation of human physical or mental ailments, conditions, diseases, pain or infirmities) and such occupations, and no others, as the Virginia Department of Taxation may list in the BPOL guidelines promulgated pursuant to Code of Virginia, § 58.1-3701, as amended. The department shall identify and list each occupation or vocation in which a professed knowledge of some department of science or learning, gained by a prolonged course of specialized instruction and study is used by its practical application to the affairs of others, either advising, guiding, or teaching them, and in serving their interests or welfare in the practice of an art or science founded on it, the word "profession" implies attainments in professional knowledge as distinguished from mere skill, and the application of knowledge to uses for others rather than for personal profit.

PURCHASES

All goods, wares and merchandise received for sale at each definite place of business of a wholesale merchant. The term shall also include the cost of manufacture of all goods, wares and merchandise manufactured by any wholesaler or wholesale merchant and sold or offered for sale. Such merchant may elect to report the gross receipts from the sale of manufactured goods, wares and merchandise if it cannot determine or chooses not to disclose the cost of manufacture.

REAL ESTATE SERVICES

Rendering a service for compensation as lessor, buyer, seller, agent or broker and providing a real estate service, unless the service is otherwise specifically provided for in this chapter, and such services include, but are not limited to, the following:

	Appraisers of real estate
	Escrow agents, real estate
	Fiduciaries, real estate
	Lessors of real property
	Real estate agents, brokers and managers
	Real estate selling agents
	Rental agents for real estate

RETAILER or RETAIL MERCHANT

Any person or merchant who sells goods, wares and merchandise for use or consumption by the purchaser or for any purpose other than resale by the purchaser, but does not include sales at wholesale to institutional, commercial and industrial users.

SECURITY

For purposes of this chapter shall have the same meaning as in the Securities Act, Code of Virginia, § 13.1-501 et seq., or in similar laws of the United States regulating the sale of securities.

	Those engaged in rendering financial services include, but without limitation, the following:
	Buying installment receivables
	Chattel mortgage financing
	Consumer financing
	Credit card services
	Credit Unions
	Factors
	Financing accounts receivable
	Industrial loan companies
	Installment financing
	Inventory financing
	Loan or mortgage brokers
	Loan or mortgage companies
	Safety deposit box companies
	Security and commodity brokers and services
	Stockbroker
	Working capital financing

SERVICES

Things purchased by a customer which do not have physical characteristics, or which are not goods, wares, or merchandise.

WHOLESALER or WHOLESALER MERCHANT

Any person or merchant who sells wares and merchandise for resale by the purchaser, including sales when the goods, wares and merchandise will be incorporated into goods and services for sale, and also includes sales to institutional, commercial, government and industrial users which because of the quantity, price, or other terms indicate that they are consistent with sales at wholesale.

§ 15-13 License requirement.

[Ord. of 12-9-1996; amended by Ord. of 12-11-2000; Ord. No. 2005-4, 2-28-2005; 2-22-2010]

Every person engaging in this jurisdiction in any business, trade, profession, occupation or calling (collectively hereinafter "a business"), as defined in this article, unless otherwise exempted by law, shall apply for a license for each such business if (i) such person maintains a definite place of business in this jurisdiction; (ii) such person does not maintain a definite office anywhere but does maintain an abode in this jurisdiction, which abode for the purposes of this article shall be deemed a definite place of business; or (iii) there is no definite place of business but such person operates amusement machines, is engaged as a peddler or itinerant merchant, carnival or circus as specified in Code of Virginia, § 58.1-3717, 58.1-3718, or 58.1-3728, or is a contractor subject to Code of Virginia, § 58.1-3715, or is a public service corporation subject to Code of Virginia, § 58.1-3731. A separate license shall be required for each definite place of business. A person engaged in two or more businesses or professions carried on at the same place of business may elect to obtain one license for all such businesses and professions if all of the following criteria are satisfied: (i) each business or profession is licensable at the location and has satisfied any requirements imposed by state law or other provisions of the ordinances of this jurisdiction; (ii) all of the businesses or professions are subject to the same tax rate, or, if subject to different tax rates, the licensee agrees to be taxed on all businesses and professions at the highest rate; and (iii) the taxpayer agrees to supply such information as the assessor may require concerning the nature of the several businesses and their gross receipts.

Each person subject to a license tax shall apply for a license prior to beginning business if he was not subject to licensing in this jurisdiction on or before January 1 of the license year, or no later than March 1 of the current license year if he had been issued a license for the preceding license year. The application shall be on forms prescribed by the Commissioner of Revenue.

The tax shall be paid with the application in the case of any license not based on gross receipts. If the tax is measured by the gross receipts of the business, the tax shall be paid on or before March 1, except that for businesses beginning after February 1 of any year, the tax shall be paid on or before the expiration of 30 days after the commencement of business.

(d)

The Commissioner of Revenue may grant an extension of time, not to exceed 90 days, in which to file an application for a license, for reasonable cause. The extension shall be conditioned upon the timely payment of a reasonable estimate of the appropriate tax, subject to adjustment to the correct tax at the end of the extension together with interest from the due date until the date paid and, if the estimate submitted with the extension is found to be unreasonable under the circumstances, a penalty of 10% of the portion paid after the due date.

(e)

A penalty of 10% of the tax may be imposed upon the failure to file an application or the failure to pay the tax by the appropriate due date. Only the late filing penalty shall be imposed by the Commissioner of Revenue if both the application and payment are late; however, both penalties may be assessed if the Commissioner of Revenue determines that the taxpayer has a history of noncompliance. In the case of an assessment of additional tax made by the Commissioner of Revenue, if the application and, if applicable, the return were made in good faith and the understatement of the tax was not due to any fraud, reckless or intentional disregard of the law by the taxpayer, there shall be no late penalty assessed with the additional tax. If any assessment of tax by the Commissioner of Revenue is not paid within 30 days, the Treasurer may impose a 10% late payment penalty. The penalties shall not be imposed, or if imposed, shall be abated by the official who assessed them, if the failure to file or pay was not the fault of the taxpayer. In order to demonstrate lack of fault, the taxpayer must show that he acted responsibly and that the failure was due to events beyond his control.

"Acted responsibly" means that: (i) the taxpayer exercised the level of reasonable care that a prudent person would exercise under the circumstances in determining the filing obligations for the business; and (ii) the taxpayer undertook significant steps to avoid or mitigate the failure, such as requesting appropriate extensions (where applicable), attempting to prevent a foreseeable impediment, acting to remove an impediment once it occurred, and promptly rectifying a failure once the impediment was removed or the failure discovered.

"Events beyond the taxpayer's control" include, but are not limited to, the unavailability of records due to fire or other casualty; the unavoidable absence (e.g., due to death or serious illness) of the person with the sole responsibility for tax compliance; or the taxpayer's reasonable reliance in good faith upon erroneous written information from the Commissioner of Revenue, who was aware of the relevant facts relating to the taxpayer's business when he provided the erroneous information.

(f)

Interest shall be charged on the late payment of the tax from the due date until the date paid without regard to fault or other reason for the late payment. Whenever an assessment of additional or omitted tax by the Commissioner of Revenue is found to be erroneous, all interest and penalty charged and collected on the amount of the assessment found to be erroneous shall be refunded, together with interest on the refund from the date of payment or the due date, whichever is later. Interest shall be paid on the refund of any tax paid under this article from the date of payment or due date, whichever is later, whether attributable to an amended return or other reason. Interest on any refund shall be paid at a rate of 10% per year commencing on the first day of the month following the due date of the tax.

No interest shall accrue on an adjustment of estimated tax liability to actual liability at the conclusion of a base year. No interest shall be paid on a refund or charged on a late payment, in the event of such adjustment, provided the refund or the late payment is made not more than 30 days from (i) the date of the payment that created the refund; or (ii) the due date of the tax, whichever is later.

§ 15-14 Situs of gross receipts.

[Ord. of 12-9-1996]

General rule. Whenever the tax imposed by this chapter is measured by gross receipts, the gross receipts included in the taxable measure shall be only those gross receipts attributed to the exercise of a licensable privilege at a definite place of business within this jurisdiction. In the case of activities conducted outside of a definite place of business, such as during a visit to a customer location, the gross receipts shall be attributed to the definite place of business from which such activities are initiated, directed, or controlled. The situs of gross receipts for different classifications of business shall be attributed to one or more definite places of business or offices as follows:

The gross receipts of a contractor shall be attributed to the definite place of business at which his services are performed, or if his services are not performed at any definite place of business, then the definite place of business from which his services are directed or controlled, unless the contractor is subject to the provisions of Code of Virginia, § 58.1-3715.

The gross receipts of a retailer or wholesaler shall be attributed to the definite place of business at which sales solicitation activities occur, or if sales solicitation activities do not occur at any definite place of business, then the definite place of business from which sales solicitation activities are directed or controlled; however, a wholesaler or distribution house subject to a license tax measured by purchases shall determine the situs of its purchases by the definite place of business at which or from which deliveries of the purchases goods, wares and merchandise are made to customers. Any wholesaler who is subject to license tax in two or more localities and who is subject to multiple taxation because the localities use different measures, may apply to the department of taxation for a determination as to the proper measure of purchases and gross receipts subject to license tax in each locality.

(3)

The gross receipts of a business renting tangible personal property shall be attributed to the definite place of business from which the tangible personal property is rented or, if the property is not rented from any definite place of business, then the definite place of business at which the rental of such property is managed.

(4)

The gross receipts from the performance of services shall be attributed to the definite place of business at which the services are performed or, if not performed at any definite place of business, then the definite place of business from which the services are directed or controlled.

Apportionment. If the licensee has more than one definite place of business and it is impractical or impossible to determine to which definite place of business gross receipts should be attributed under the general rule and the affected jurisdictions are unable to reach an apportionment agreement, except as to circumstances set forth in Code of Virginia, § 58.1-3709, the gross receipts of the businesses shall be apportioned between the definite places of businesses on the basis of payroll. Gross receipts shall not be apportioned to a definite place of business unless some activities under the applicable general rule occurred at, or were controlled from, such definite place of business. Gross receipts attributable to a definite place of business in another jurisdiction shall not be attributed to this jurisdiction solely because the other jurisdiction does not impose a tax on the gross receipts attributable to the definite place of business in such other jurisdiction.

Agreements. The Commissioner of Revenue may enter into agreements with any other political subdivision of Virginia concerning the manner in which gross receipts shall be apportioned among definite places of business. However, the sum of the gross receipts apportioned by this agreement shall not exceed the total gross receipts attributable to all of the definite places of business affected by this agreement. Upon being notified by a taxpayer that its method of attributing gross receipts is fundamentally inconsistent with the method of one or more political subdivisions in which the taxpayer is licensed to engage in business and that the difference has, or is likely to, result in taxes on more than 100% of its gross receipts from all locations in the affected jurisdictions, the Commissioner of Revenue shall make a good faith effort to reach an apportionment agreement with the other political subdivisions involved.

§ 15-15 Limitations and extensions.

[Ord. of 12-9-1996]

Where, before the expiration of the time prescribed for the assessment of any license tax imposed pursuant to this chapter, both the Commissioner of Revenue and the taxpayer have consented in writing to its assessment after such time, the tax may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.

Notwithstanding Code of Virginia, § 58.1-3903, the Commissioner of Revenue shall assess the local license tax omitted because of fraud or failure to apply for a license for the current license year and the six preceding years.

The period for collecting any local license tax shall not expire prior to the period specified in Code of Virginia, § 58.1-3940, two years after the date of assessment if the period for assessment has been extended pursuant to this subdivision, two years after the final determination of an appeal for which collection has been stayed pursuant to § 15-16(b) or 15-16(d), or two years after the final decision in a court application pursuant to Code of Virginia, § 58.1-3984, or similar law for which collection has been stayed, whichever is later.

§ 15-16 Appeals and rulings.

[Ord. of 12-9-1996]

Any person assessed with a licensing tax under this chapter as the result of an audit may apply within 90 days from the date of the assessment to the Commissioner of Revenue for a correction of the assessment. The application must be filed in good faith and sufficiently identify the taxpayer, audit period, remedy sought, each alleged error in the assessment, the grounds upon which the taxpayer relies, and any other facts relevant to the taxpayer's contention. The assessor may hold a conference with the taxpayer if requested by the taxpayer, or require submission of additional information and documents, further audit, or other evidence deemed necessary for a proper and equitable determination of the applications. The assessment shall be deemed prima facie correct. The Commissioner of Revenue shall undertake a full review of the taxpayer's claims and issue a determination to the taxpayer setting forth his position. Every assessment pursuant to an audit shall be accompanied by a written explanation of the taxpayer's right to seek correction and the specific procedure to be followed in the jurisdiction (e.g., the name and address to which an application should be directed).

Provided an application is made within 90 days of an assessment, collection activity shall be suspended until a final determination is issued by the Commissioner of Revenue, unless the Commissioner of Revenue determines that collection would be jeopardized by delay or that the taxpayer has not responded to a request for relevant information after a reasonable time. Interest shall accrue in accordance with the provisions of § 15-13(f), but no further penalty shall be imposed while collection action is suspended. The term "jeopardized by delay" includes a finding that the application is frivolous, or that a taxpayer desires (i) to depart quickly from the locality, (ii) to remove his property therefrom, (iii) to conceal himself or his property therein, or (iv) to do any other act tending to prejudice, or to render wholly or partially ineffectual, proceedings to collect the tax for the period in question.

Any person assessed with a license tax under this chapter as a result of an audit may apply within 90 days of the determination by the Commissioner of Revenue on an application pursuant to § 15-16(a) to the Tax Commissioner for a correction of such assessment. The Tax Commissioner shall issue a determination to the taxpayer within 90 days of receipt of the taxpayer's application, unless the taxpayer and the Commissioner of Revenue are notified that a longer period will be required. The application shall be treated as an application pursuant to Code of Virginia, § 58.1-1821, and the Tax Commissioner may issue an order correcting such assessment pursuant to Code of Virginia, § 58.1-1822. Following such an order, either the taxpayer or the Commissioner of Revenue may apply to the appropriate circuit court pursuant to Code of Virginia, § 58.1-3984. However, the burden shall be on the party making the application to show that the ruling of the Tax Commissioner is erroneous. Neither the Tax Commissioner nor the department of taxation shall be made a party to an application to correct an assessment merely because the Tax Commissioner has ruled on it.

(d)

On receipt of a notice of intent to file an appeal to the Tax Commissioner under § 15-16(c), the Commissioner of Revenue shall further suspend collection activity, until a final determination is issued by the Tax Commissioner, unless the Commissioner of Revenue determines that collection would be jeopardized by delay or that the taxpayer has not responded to a request for relevant information after a reasonable time. Interest shall accrue in accordance with the provisions of § 15-13(f), but no further penalty shall be imposed while collection action is suspended. The term "jeopardized by delay" shall have the same meaning as set forth in § 15-16(b).

(e)

Any taxpayer may request a written ruling regarding the application of the tax to a specific situation from the Commissioner of Revenue. Any person requesting such a ruling must provide all the relevant facts for the situation and may present a rationale for the basis of an interpretation of the law most favorable to the taxpayer. Any misrepresentation or change in the applicable law or the factual situation as presented in the ruling request shall invalidate any such ruling issued. A written ruling may be revoked or amended prospectively if (i) there is a change in the law, a court decision, or (ii) the Commissioner of Revenue notifies the taxpayer of a change in the policy or interpretation upon which the ruling was based. However, any person who acts on a written ruling which later becomes invalid shall be deemed to have acted in good faith during the period in which such ruling was in effect.

§ 15-17 Recordkeeping and audits.

[Ord. of 12-9-1996]

Every person who is assessable with a license tax shall keep sufficient records to enable the Commissioner of Revenue to verify the correctness of the tax paid for the license years assessable and to enable the Commissioner of Revenue to ascertain what is the correct amount of tax that was assessable for each of those years. All such records, books of accounts and other information shall be open to inspection and examination by the Commissioner of Revenue in order to allow the Commissioner of Revenue to establish whether a particular receipt is directly attributable to the taxable privilege exercised within this jurisdiction. The Commissioner of Revenue shall provide the taxpayer with the option to conduct the audit in the taxpayer's local business office, if the records are maintained there. In the event the records are maintained outside this jurisdiction, copies of the appropriate books and records shall be sent to the Commissioner of Revenue's office upon demand.

§ 15-18 Exclusions and deductions from "gross receipts."

[Ord. of 12-9-1996]

General rule. Gross receipts for license tax purposes shall not include any amount not derived from the exercise of the licensed privilege to engage in a business or profession in the ordinary course of business or profession.

The following items shall be excluded from gross receipts:

Amounts received and paid to the United States, the Commonwealth or any county, City or town for the Virginia retail sales or use tax, or for any local sales tax or any local excise tax on cigarettes, for any federal or state excise taxes on motor fuels.

Any amount representing the liquidation of a debt or conversion of another asset to the extent that the amount is attributable to a transaction previously taxed (e.g., the factoring of accounts receivable created by sales which have been included in taxable receipts even though the creation of such debt and factoring are a regular part of its business).

(3)

Any amount representing returns and allowances granted by the business to its customer.

(4)

Receipts which are the proceeds of a loan transaction in which the licensee is the obligor.

(5)

Receipts representing the return of principal of a loan transaction in which the licensee is the creditor, or the return of principal or basis upon the sale of a capital asset.

(6)

Rebates and discounts taken or received on account of purchases by the licensee. A rebate or other incentive offered to induce the recipient to purchase certain goods or services from a person other than the offeror, and which the recipient assigns to the licensee in consideration of the sale of goods and services shall not be considered a rebate or discount to the licensee, but shall be included in the licensee's gross receipts together with any handling or other fees related to the incentive.

(7)

Withdrawals from inventory for purposes other than sale or distribution and for which no consideration is received and the occasional sale or exchange of assets other than inventory, whether or not a gain or loss is recognized for federal income tax purposes.

(8)

Investment income not directly related to the privilege exercised by a licensable business not classified as rendering financial services. This exclusion shall apply to interest on bank accounts of the business, and to interest, dividends and other income derived from the investment of its own funds in securities and other types of investments unrelated to the licensed privilege. This exclusion shall not apply to interest, late fees and similar income attributable to an installment sale or other transaction that occurred in the regular course of business.

The following shall be deducted from gross receipts or gross purchases that would otherwise be taxable:

Any amount paid for computer hardware and software that are sold to a United States federal or state government entity provided that such property was purchased within two years of the sale to said entity by the original purchaser who shall have been contractually obligated at the time of purchase to resell such property to a state or federal government entity. This deduction shall not occur until the time of resale and shall apply only to the original cost of the property and not to its resale price, and the deduction shall not apply to any of the tangible personal property which was the subject of the original resale contract if it is not resold to a state or federal government entity in accordance with the original contract obligation.

§ 15-19 Minimum license for separate places of business.

[Ord. of 12-9-1996]

Any person prosecuting a business in more than one place of business and keeping one set of records for the accumulated transactions may take out a minimum license on each location, other than the main place of business, and may enter as a deductible item, on the application for a license for the main place of business, the amount of sales for which a license or licenses have been issued for the other place or places of business.

§ 15-20 Propounding interrogatories to applicant.

[Ord. of 12-9-1996]

In addition to all other lawful means of ascertaining the amount of any license tax, the Commissioner of Revenue or any duly sworn deputy may propound interrogatories to the applicant and use such other evidence as such officer may procure. Such interrogatories shall be answered under oath by the person or entity desiring to do or doing business in the City.

§ 15-21 Estimates to determine tax for beginners, etc.

[Ord. of 12-9-1996]

For the purpose of ascertaining the license tax to be paid by any person beginning a new business, employment or profession, and whose license tax is based on gross receipts, gross sales, gross purchases, gross commissions, gross contracts or orders, the licensee shall, in good faith, estimate the basis for measuring the license tax between the date of issuance of the license and the 31st day of December of that license year.

The calculation of gross receipts for license tax purposes shall be either on a cash or accrual basis; provided, however, that the basis used must coincide with the system of accounts used by the taxpayer and the method employed by the taxpayer for federal and state income tax purposes.

The license tax of every person who was licensed at a definite place of business within the City for only a part of the next preceding license year shall be computed for the then current license year on the basis of an estimate of the amount of gross receipts, gross sales or gross purchases which the licensee will make throughout the then current license year.

(d)

Every underestimate under this section shall be subject to correction by the Commissioner of Revenue, whose duty it shall be to assess such licensee with such additional taxes as may be found to be due after the close of the license year on the basis of gross receipts, gross sales, gross purchases, gross commissions or gross contracts or orders. In case of overestimate, the Commissioner shall order a refund in the amount of the overpaid tax.

§ 15-22 Assessment of tax and issuance of license generally.

[Ord. of 12-9-1996; amended by Ord. No. 2005-4, 2-28-2005; 2-22-2010]

The Commissioner of Revenue shall assess each applicant for a license or other person of whom a license is required by this chapter with the license tax required by this chapter, and, upon receipt of payment of the required tax, shall issue a license, signed by the Commissioner of Revenue, to prosecute the business, employment, profession or thing to be done therein named, which license shall not be valid or effective unless and until the tax required shall be paid to the Treasurer, as collector of City taxes and levies, and such payment shall be shown on the license.

§ 15-23 Certificates prerequisite to issuance or validity.

[Ord. of 12-9-1996]

Prior to the issuance of any license under this chapter, the Commissioner of Revenue shall require the applicant to furnish a valid zoning certificate issued by the zoning administration.

If a business is one for which a license can be granted only on the certificate of a court or other officer, then such license shall not be issued as valid or effective until such certificate shall be obtained.

§ 15-24 Assessment of additional tax.

[Ord. of 12-9-1996; amended by Ord. No. 2005-4, 2-28-2005; 2-22-2010]

Whenever the Commissioner of Revenue shall ascertain that any person should be assessed with any additional license tax or taxes, pursuant to the provisions of this chapter, he or she shall thereupon assess such person with the additional tax and shall transmit a copy thereof to the Treasurer.

§ 15-26 Proration required when person, firm, or corporation permanently ceases to engage in business, trade, profession or calling.

In the event the additional license tax assessed under this section is not paid within 30 days after such assessment, the Treasurer shall proceed to collect the same in the same manner and with the same authority as all other taxes are collected, together with penalty and interest as provided in this chapter.

§ 15-25 Proration of tax generally.

[Ord. of 12-9-1996]

In the event any person required to pay a license tax under the provisions of this chapter, where the tax is not measured by gross receipts, gross sales, gross purchases, gross commissions, gross contracts or orders, or graduated in any other way, shall begin any business, occupation or profession after January 1 of the license year, the license tax shall be prorated on a monthly basis, one-twelfth of the annual license tax to be assessed for each month or portion thereof for the remainder of the license year, except as otherwise provided in this chapter.

[Ord. of 12-9-1996]

In the event that a person or entity ceases to engage in a business, trade, profession, occupation or calling within the City during a year for which a license tax based upon gross receipts has already been paid, the taxpayer shall be entitled upon application to a refund for that portion of the license tax based upon gross receipts already paid, prorated on a monthly basis so as to ensure that the licensed privilege is taxed only for that fraction of the year during which it is exercised within the City. The City shall remit refunds in the ensuing fiscal year and shall offset against such refund any amount of past-due taxes owed by the same taxpayer. This refund shall not be required for those license taxes based upon a flat fee or minimum flat tax.

§ 15-27 Display of license.

[Ord. of 12-9-1996]

Every person required to pay a license tax or obtain any tag or sign under the provisions of this chapter shall keep the license tag or sign in a convenient place, and whenever required to do so, shall exhibit the same to any member of the police department, when such member is detailed or authorized to inspect such license, or to any employee of the Commissioner of Revenue's office.

§ 15-28 Examination and audit of licensee's records.

[Ord. of 12-9-1996; amended by Ord. No. 2005-4, 2-28-2005; 2-22-2010]

Should any employee of the Commissioner of Revenue or the Treasurer charged in any manner with the duty of assessing or collecting license taxes have reason to believe, in any case, that the amount of actual or probable purchases or sales, or actual or probable commissions, or the gross or net receipts from any business or profession, or any other matters that may be pertinent to the assessment of such license, have been incorrectly reported or returned, such person shall make a report thereof to the Commissioner of Revenue. Upon receipt of such report, or upon the Commissioner of Revenue's own motion, the Commissioner of Revenue is authorized and empowered to summon such person before him and require the production of any and all such person's records, books and papers likely to throw any light upon the matter under investigation. The Commissioner of Revenue is also authorized and empowered to make or cause to be made such other and further investigations, examinations and audits of the records, books and papers of such person as he or she shall deem proper, in order to accurately determine the proper return to be made by such person.

If, after an investigation, examination or audit pursuant to this section, it shall appear that purchases, sales, commissions, receipts or other matters pertinent to the assessment have been incorrectly reported or returned, the Commissioner of Revenue shall assess such person with the proper City license tax together with penalty and interest as provided in this chapter.

Any person who shall fail to appear before the Commissioner of Revenue and produce such records, books and papers, when duly summoned, or who shall refuse to permit the Commissioner of Revenue to make or cause to be made such other and further investigation and audit of such books and papers, shall be deemed guilty of a Class 3 misdemeanor.

§ 15-29 Authority of commissioner to require information concerning subcontracts.

[Ord. of 12-9-1996]

The Commissioner of Revenue, in performing the duties of such office, shall have authority to require any person or entity doing business in the City to furnish a list of subcontractors to whom any part of a contract is sublet, the names and address of each subcontractor, and the amount of each subcontract.

§ 15-30 through § 15-39. (Reserved)

Article II License Tax Schedule

§ 15-40 (Reserved) [1]

[1]

Editor's Note: Former § 15-40, which pertained to the fee for issuance of licenses, which was derived from an ordinance adopted 1-27-1997, was repealed by an ordinance adopted 3-9-1998.

§ 15-41 License tax schedule.

[Ord. of 1-27-1997; amended by Ord. of 2-24-1997; Ord. of 4-10-2000; Ord. of 3-26-2001(1)]

Except as may be otherwise provided in Code of Virginia, §§ 58.1-3712, 58.1-3712.1 and 58.1-3713, every person or business subject to licensure under this chapter shall be assessed and required to pay annually a license tax at a rate set forth below for the class of enterprise listed:

For contractors and persons constructing for their own account for sale: $0.15 per $100 of gross receipts.