Taxation
P
Passed
- P HB1487
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Income tax; subtraction for unemployment benefits. Provides a subtraction from federal adjusted gross income for unemployment compensation benefits when computing Virginia taxable income.
- Patron - Cranwell
- P HB1491
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Income tax; voluntary contribution to the Community Policing Fund. Eliminates the sunset date of December 31, 1999, for the income tax check-off for contributions to the Community Policing Fund.
- Patron - Hull
- P HB1492
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Washington Metropolitan Area Transit Authority (WMATA). Requires that local payments of WMATA rail transit bonds shall be paid first and apportioned to each locality using the WMATA capital formula, using 95 percent of state aid for these payment, and that remaining funds shall be apportioned to reflect WMATA's allocation formulas by using the relative WMATA-allocated subsidies and relative shares of local transit subsidies. The bill further requires that capital costs must include 20 percent of annual local bus capital expenses and that the Northern Virginia Transportation Commission's November 5, 1998, hold harmless protections remain in effect.
- Patron - Callahan
- P HB1507
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Lottery; powers of Board. Provides that the Lottery Board shall have the power to accept, modify or reject any revenue projections before they are forwarded to the Governor.
- Patron - Guest
- P HB1515
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Property tax exemption; Forest Youth Athletic Association. Provides a local tax exemption for the Forest Youth Athletic Association, located in Bedford County.
- Patron - Putney
- P HB1516
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Property tax exemption; Maupin-Sizemore Foundation. Provides a local tax exemption for the Maupin-Sizemore Foundation, located in the City of Bedford.
- Patron - Putney
- P HB1526
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Property tax exemption; Colonial Beach Moose Lodge. Provides a local tax exemption for Colonial Beach Moose Lodge #1267 in Westmoreland County.
- Patron - Murphy
- P HB1546
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Income tax; deduction for long-term health care insurance. Provides a deduction, from federal adjusted gross income in calculating Virginia taxable income, for long-term health care insurance premiums, for taxable years beginning on and after January 1, 2000, provided the individual has not claimed a deduction for federal income tax purposes.
- Patron - Purkey
- P HB1549
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Property tax exemption; 121 Verona Corporation. Provides a local tax exemption for the 121 Verona Corporation in Augusta County.
- Patron - Landes
- P HB1552
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Sales and use tax; exemptions. Extends the expiration date for sales and use tax exemptions for the Cave Spring Softball League, the Lewis-Gale Foundation and the Tranquillity Cancer Foundation. The measure also makes a sales and use tax exemption for cancer screening organizations retroactive to July 1, 1995.
- Patron - Griffith
- P HB1554
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Property tax exemption; Blue Ridge Housing Development Corp. Grants a property tax exemption to the Blue Ridge Housing Development Corp., for real property it owns in the City of Roanoke.
- Patron - Woodrum
- P HB1569
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Local tax; E-911. Provides that counties with populations of no less than 10,000 and no more than 12,000, no less than 21,000 and no more than 21,500, and no less than 27,500 and no more than 28,000 may authorize the payment of the E-911 director with the proceeds of the E-911 tax. Such counties would include Culpeper, Greene, Madison, and Orange. Bedford, Frederick, Tazewell, and Washington Counties already have the authority to use proceeds from the E-911 tax for payment of the director's salary.
- Patron - Davies
- P HB1571
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Sales and use tax exemptions. Extends the expiration date for existing sales and use tax exemption provisions for certain nonprofit organizations to June 30, 2001. Beginning July 1, 2000, nonprofit organizations, except churches, exempt from the sales and use tax under §§ 58.1-609.4, 58.1-609.7, 58.1-609.8, 58.1-609.9 or 58.1-609.10 will be required to submit the same information currently required to be provided by organizations requesting a new exemption. Such information will be updated beginning prior to the 2002 Session, and will thereafter be updated every five years. Failure to file complete and timely information will result in loss of the state sales and use tax exemption. Committee consideration of sales tax exemption legislation will be contingent on a Tax Department determination that the benefited organizations have provided the required information. The measure also clarifies that bills extending sales and use tax exemptions must be introduced by the first day of a legislative session, and requires the Tax Department to issue a preliminary determination that an organization complies with applicable requirements before legislation renewing an exemption is drafted.
- Patron - Parrish
- P HB1572
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Property tax exemption; Alliance for the Physically Disabled, Inc. Exempts real and personal property located in Fairfax County and owned by the Alliance for the Physically Disabled, Inc.
- Patron - Hull
- P HB1584
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Income tax; subtraction for first $15,000 of military basic pay. Allows a subtraction of $15,000 from income tax for military basic pay with such amount being reduced dollar-for-dollar when the taxpayer's military basic pay exceeds $15,000 and no subtraction allowed if such basic pay equals or exceeds $30,000.
- Patron - Cox
- P HB1597
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Property tax exemption; Central Virginia Education Telecommunication Corporation. Provides a local property tax exemption for Central Virginia Education Telecommunication Corporation located in Stafford County and the Rainbow Center 4-H Therapeutic Equestrian Program, Inc., in Prince William County.
- Patron - Howell
- P HB1600
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Savings trust accounts; income tax deduction. Authorizes the Board of the Higher Education Tuition Trust Fund to create a savings trust account program pursuant to § 529 of the Internal Revenue Code. Savings trust accounts will be offered in addition to the existing prepaid tuition contracts. The measure also establishes an individual income tax deduction for amounts contributed to a savings trust account. The amount of the deduction shall not exceed $2,000 per savings trust account in any taxable year. Unused portions of the deduction may be carried forward until the contribution has been fully deducted. The tax deduction is effective for taxable years beginning on and after January 1, 1999. The existing Freedom of Information Act exemptions for the prepaid tuition contract program are extended to apply to savings trust accounts.
- Patron - Callahan
- P HB1601
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Sales and use tax; reduced rate on food purchased for human consumption; Food Tax Reduction Program. Reduces the state sales and use tax rate on food purchased for human consumption one-half percent each year for four years beginning January 1, 2000, for a total reduction of two percent. The next one-half percent will be removed April 1, 2001, until on and after April 1, 2003, the state sales and use tax rate on such food will be one and one-half percent. The local option one percent rate will not be affected by this legislation. The gradual rate reduction will not occur in any year when the actual general fund revenues for the second fiscal year preceding a fiscal year in which a rate reduction is planned do not exceed the official general fund revenue estimates for such second fiscal year, as estimated in the most recently enacted and approved general appropriation act, by at least one percent or if any of the circuit breakers in the Personal Property Tax Relief Act of 1998 occur. Finally, a Food Tax Reserve Fund is created on the books of the Comptroller to be used for purposes of the Food Tax Reduction Program.
- Patron - Callahan
- P HB1602
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Property tax exemption; Point of Honor, Inc. Exempts property of Point of Honor, Inc., located in the City of Lynchburg, from taxation.
- Patron - Bryant
- P HB1617
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Property tax exemption; Wintergreen Nature Foundation. Provides a local property tax exemption for the Wintergreen Nature Foundation in Nelson County.
- Patron - Abbitt
- P HB1618
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Transient occupancy tax. Authorizes Rockbridge County (described by population) to levy a transient occupancy tax at a rate not to exceed five percent.
- Patron - Deeds
- P HB1621
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Personal property tax; Middlesex County Museum, Inc. Provides a local property tax exemption for Middlesex County Museum, Inc., in Middlesex County.
- Patron - Morgan
- P HB1626
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Additional transient occupancy tax; sunset date. Extends the sunset date from December 31, 1999, to December 31, 2002, for the additional transient occupancy tax allowed any county with the county manager plan of government.
- Patron - Almand
- P HB1636
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Sales and use tax; refund for certain building materials. Extends the sunset date from June 30, 1999, to June 30, 2004, for the refund of sales tax paid on building materials purchased by certain non-profit organizations.
- Patron - Diamonstein
- P HB1641
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Property tax exemption; CANDII. Provides a local property tax exemption for CANDII, in the City of Hampton.
- Patron - Behm
- P HB1646
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Property tax exemption; Isle of Wight-Smithfield-Windsor Chamber of Commerce. Provides a local property tax exemption for the Isle of Wight-Smithfield-Windsor Chamber of Commerce in Isle of Wight County.
- Patron - Barlow
- P HB1649
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Property tax exemption; Central Valley Habitat for Humanity, Inc. Provides a local property tax exemption for Central Valley Habitat for Humanity, Inc., located in Rockingham County.
- Patron - Landes
- P HB1650
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Sales and use tax; medical-related exemption. Exempts controlled drugs purchased for use by optometrists in their professional practice and eyeglass cases and contact lens storage and cleaning materials, when distributed free of charge, from the retail sales and use tax.
- Patron - DeBoer
- P HB1667
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Virginia Technology and Biotechnology Investment Act created. Creates a research and development tax credit, not to exceed 15 percent of the amount spent by the taxpayer on an eligible research and development activity. The maximum credit is $100,000 per year. The tax credit will become effective only if reenacted by the 2000 General Assembly Session. The bill also directs the Secretaries of Technology and Commerce and Trade to conduct a study of tax incentives for research and development initiatives.
- Patron - Purkey
- P HB1674
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Property tax exemption; Vetshouse, Inc. Provides local property tax exemption for Vetshouse, Inc., in the City of Virginia Beach
- Patron - Wagner
- P HB1675
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Property tax exemption; Virginia Beach "HOME," Inc. Provides a local property tax exemption for Virginia Beach "HOME," Inc., in the City of Virginia Beach.
- Patron - Wagner
- P HB1676
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Employees with disabilities tax credit. Creates a tax credit for an employer who employs an otherwise-qualified individual with a disability. The credit is equal to 20 percent of the first $6,000 in wages paid annually to the employee for a period not to exceed two years.
- Patron - Reid
- P HB1678
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Interest rates; tax overpayments. Provides that the interest rate paid on refunds of overpayments by taxpayers shall be the "overpayment rate" for noncorporate taxpayers established by the Internal Revenue Code plus two percent.
- Patron - Howell
- P HB1679
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Property tax exemptions; control by localities. Authorizes local governments to grant property tax exemptions under Article X, Section 6 (a)(6) of the Constitution, beginning on January 1, 2000. The locality must make certain findings before passing the ordinance granting the tax exemption. Exemptions will expire after four years unless renewed by the locality. Currently, the General Assembly must approve this type of tax exemption.
- Patron - Howell
- P HB1684
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Property tax exemptions; Francis Makemie Society, Accomack County Nursing Home Commission, Inc., and Eastern Shore of Virginia Habitat for Humanity, Inc. Provides local property tax exemptions for the Francis Makemie Society and Accomack County Nursing Home Commission, Inc., in Accomack County and the Eastern Shore of Virginia Habitat for Humanity, Inc.
- Patron - Bloxom
- P HB1694
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Property tax exemption; Meals on Wheels of Greater Richmond, Inc. Provides a local property tax exemption for Meals on Wheels of Greater Richmond, Inc., in Henrico County.
- Patron - Grayson
- P HB1712
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Property tax exemption; Blanks Memorial Foundation, Ltd. Provides a local tax exemption for Blanks Memorial Foundation, Ltd., in Halifax County.
- Patron - Bennett
- P HB1713
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Sales and use tax definitions. Exempts certain tangible personal property used to provide Internet services to customers from the retail sales and use tax. The exemption applies to computer hardware and software services, hosting equipment, and distribution equipment purchased by an Internet service provider who provide a package of services, including access to proprietary content, to end-user subscribers.
- Patron - Rust
- P HB1722
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Recordation tax exemption in Amherst County. Provides an exemption from recordation tax on deeds transferring property in Amherst County from a Habitat for Humanity-type nonprofit organization. The exemption also applies to deeds of trust or mortgage securing loans made by such an organization.
- Patron - Wilkins
- P HB1723
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Property tax exemption; Newport News Green Foundation, Inc. Provides a property tax exemption for Newport News Green Foundation, Inc., in the City of Newport News.
- Patron - Barlow
- P HB1724
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Property tax exemption; Odiero, Ltd. Provides a personal property tax exemption for Odiero, Ltd., located in Montgomery County.
- Patron - Shuler
- P HB1728
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Property tax exemption; DeHart Botanical Gardens, Inc. Provides a property tax exemption for DeHart Botanical Gardens, Inc., in Patrick County.
- Patron - Day
- P HB1739
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Historic rehabilitation tax credit. Allows partners and S corporation shareholders to allocate historic rehabilitation tax credits among themselves either in proportion to their ownership interest in their partnership or corporation, or as they mutually agree. This provision is effective retroactive to January 1, 1997. The measure also adds language, stated to be declaratory of existing law, providing that the regulations promulgated by the Director of the Department of Historic Resources for this tax credit program shall establish the extent to which this tax credit is co-extensive with the federal historic rehabilitation tax credit. The Director is authorized to allow taxpayers to make a one-time transfer of credits earned with respect to projects prior to final publication of program regulations.
- Patron - Katzen
- P HB1749
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Property tax exemption; Highland Center, Inc. Provides a property tax exemption for Highland Center, Inc., in Highland County.
- Patron - Deeds
- P HB1752
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Tax credits; preservation of land. Provides an income tax credit for individuals and corporations donating land for preservation purposes. The tax credit is 50 percent of the fair market value of the land transferred, not to exceed $50,000 in FY 2000, $75,000 in FY 2001, $100,000 in FY 2002. In addition, the credit may only be used to offset taxes owed, but it may be carried forward for a period of five years. The measure is effective January 1, 2000, unless any one of the car tax triggers occurs before that date in which case the act will be effective January 1 in the year after the year none of the car tax triggers occurs.
- Patron - Deeds
- P HB1764
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Property tax exemptions; Beach Health Clinic, Inc., Judeo-Christian Outreach Center, Inc., and Virginia Beach "HOME," Inc. Exempts property of Beach Health Clinic, Inc., Judeo-Christian Outreach Center, Inc., and of Virginia Beach "HOME," Inc., located in the City of Virginia Beach from taxation. The exemptions for Beach Health Clinic, Inc., and Judeo-Christian Outreach Center, Inc., are effective retroactive beginning July 1, 1998.
- Patron - Wagner
- P HB1765
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Sales and use tax; governmental and commodities exemptions. Provides that the exemption from sales tax for the Commonwealth and its political subdivisions does not apply to property they acquire and then transfer to private businesses for their use in a facility to be used by a private entity or for nongovernmental purposes. An exception is made for property acquired for the Advanced Shipbuilding and Carrier Integration Center in Newport News.
- Patron - Parrish
- P HB1781
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Property tax exemptions; American Roentgen Ray Society, et al. Exempts the following organizations from property taxes in Loudoun County: The Center for Pastoral Counseling; Door of Hope; Loudoun Transportation Association; Regional Properties, Inc.; Resources for Independence of Virginia, Inc.; and the American Roentgen Ray Society.
- Patron - Black
- P HB1784
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Property tax exemption; Meals on Wheels of Greater Richmond. Provides a property tax exemption for Meals on Wheels of Greater Richmond in Henrico County.
- Patron - Rhodes
- P HB1785
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Sales taxes from Suffolk conference center. Entitles the City of Suffolk to sales tax revenue generated from transactions at a conference center owned by the city, hotel and related public facilities. The tax revenue shall be applied to repayment of bonds issued by the city for the project.
- Patron - Jones, S.C.
- P HB1787
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Property tax exemption; Chesterfield Alternatives, Inc. Exempts certain property of Chesterfield Alternatives, Inc., located in Chesterfield County from taxation.
- Patron - Nixon
- P HB1788
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Property tax exemption; Richmond Animal League. Exempts certain property of Richmond Animal League located in Chesterfield County from taxation.
- Patron - Nixon
- P HB1802
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Property tax exemption; Samaritan House, Inc. Makes the property tax exemption for the Samaritan House, Inc., (formerly, Virginia Beach Ecumenical Housing, Inc.) for its real and personal property located in the City of Virginia Beach. In 1998, the General Assembly enacted a property tax exemption for Samaritan House, Inc., but did not provide that it was retroactive to the date that Virginia Beach Ecumenical Housing, Inc., changed its name to Samaritan House, Inc.
- Patron - McDonnell
- P HB1806
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Car tax relief; reimbursement of administrative costs. Provides that 100 percent of the fair and reasonable administrative costs incurred by the localities in implementing the car tax relief shall be reimbursed to them. This bill contains an emergency clause and will become effective upon passage.
- Patron - Byron
- P HB1809
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Property tax exemption; Larrymore Lawns Community Park Association. Provides a property tax exemption for Larrymore Lawns Community Park Association in the City of Norfolk and known as 7001 Winn Lane, 164.09 ft. Larrymore Lawns Sec. 1 S S Winn Avenue, and parcel 220.66 ft. S S Johnston Road.
- Patron - Drake
- P HB1810
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Admissions tax. Provides that localities may elect not to charge admissions tax for attendance of any event, the net receipts of which go wholly to charitable purposes.
- Patron - Drake
- P HB1811
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Property tax exemption; United Way branch. Provides a local real estate tax exemption for the property located at 2515 Walmer Avenue and owned by the United Way of South Hampton Roads.
- Patron - Drake
- P HB1814
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Town treasurers. Provides that town officials who perform the duties of treasurer shall have the same authority in the collection of taxes that is available to county and city treasurers. This bill is identical to HB 1841.
- Patron - Callahan
- P HB1818
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Corporate income tax; apportionment. Revises the formula for calculating the portion of a corporation's income that is subject to the Virginia corporate income tax. Currently, Virginia generally uses a three-factor test by which the total of the property factor, payroll factor, and sales factor is divided by three. Under this measure the sales factor is double-weighted, with the result that, when all three factors are present, the property factor, payroll factor, and twice the sales factor will be divided by four. The measure is effective for taxable years beginning on and after January 1, 2000, unless one of the car tax circuit breakers occurs prior to that date, in which case the bill will be effective on January 1 in the year following the year in which none of such circuit breakers occurs.
- Patron - Cantor
- P HB1820
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Sales and use tax; transfer of manufacturer's tooling, etc. Provides that the transfer of title to property after its use as tools, tooling, machinery or equipment will not be considered a "retail sale" for sales tax purposes if (i) at the time of transfer, the purchaser is obligated under the terms of a written contract and (ii) the transfer is made for the same or a greater consideration to the person for whom the purchaser manufactures goods.
- Patron - Drake
- P HB1841
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Town treasurers. Provides that town officials who perform the duties of treasurer shall have the same authority in the collection of taxes that is available to county and city treasurers.
- Patron - May
- P HB1851
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Personal property tax relief. Provides that a locality's tangible personal property tax rate to be used in calculating the state's payment obligations under the Personal Property Tax Relief Act will be the rate in effect on July 1, 1997, or August 1, 1997, whichever is greater. Currently, the August 1, 1997, rate is used for all localities. This measure is effective retroactive to January 1, 1998.
- Patron - Wilkins
- P HB1877
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Tax increment financing; open-space uses. Provides that real estate devoted to open-space use constitutes a public facility which may be financed using tax increment financing.
- Patron - Deeds
- P HB1887
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Income tax; voluntary contribution to the U. S. Olympic Committee. Removes the sunset date for making voluntary contributions from tax refunds to the U. S. Olympic Committee.
- Patron - Cranwell
- P HB1911
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Sales tax on leased personal property. Excludes from the retail sales and use tax any separately stated local property tax charges.
- Patron - Rhodes
- P HB1930
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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.
- Patron - Landes
- P HB1933
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Income tax deduction for purchase of prepaid tuition contracts. Allows taxpayers who are age 70 or older to deduct the full amount paid for the purchase of a prepaid tuition contract. Currently, the amount of the deduction that may be taken by a taxpayer in any year is limited to $2,000 per contract.
- Patron - Van Yahres
- P HB1934
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Road tax; credit for payment of motor fuel, diesel fuel and liquefied gases tax. Makes motor carriers eligible for a 16 cents per gallon credit against the road tax on liquefied gases. This is the same credit amount available for motor fuel and diesel fuel.
- Patron - Parrish
- P HB1941
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Corrections of local taxes. Authorizes taxpayers assessed with any local tax to apply to the commissioner of the revenue or other assessing official for a correction of the assessment. Currently, taxpayers may apply to the commissioner or other official only about taxes on tangible personal property, machinery and tools, or merchants' capital, and regarding local license taxes.
- Patron - Johnson
- P HB1942
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Local revenue collection procedures. Clarifies that writs, warrants, summons or other process that a treasurer is authorized to serve shall be served by the sheriff or by the treasurer or his designee and provides treasurers with 60 days from the end of the fiscal year to prepare lists of delinquent taxpayers. Currently, the lists are due by August 1.
- Patron - Johnson
- P HB1944
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Personal property tax; book produced by electronic means. Allows the commissioner of the revenue to produce the personal property tax book by electronic means in addition to the methods now authorized, including microfiche, microfilm and other microphotographic processes.
- Patron - Bryant
- P HB1977
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Distribution of proceeds of tax sales. Establishes a procedure addressing the distribution of the portion of the proceeds from the tax sale of real estate due to the unknown beneficiary of a lien on the property. The proceeds from the sale of property sold for delinquent taxes are required to be applied, after payment of the taxes, penalties, interest, fees, and costs, to liens against the property, and any balance is to be paid to the former owner. If the beneficiary of a deed of trust or other lien on the property is unknown and does not claim his money within two years of the sale, the clerk of court is required to pay the money to the locality. If the lienholder later comes forward and shows he is entitled to the funds, the locality may pay the money to him, which is the same process currently in effect with respect to unknown former owners of the land. Currently, the proceeds due to an unknown lienholder escheat to the Commonwealth.
- Patron - Davies
- P HB2047
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Income tax; state forests check-off. Creates the State Forests System Fund and allows taxpayers receiving a tax refund to designate all or part of it as a contribution to such fund for the development and implementation of conservation and education initiatives in the state forests system.
- Patron - Weatherholtz
- P HB2062
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Tax on merchants. Allows localities to exempt merchants from the merchant's capital tax, the BPOL tax, or both.
- Patron - Davies
- P HB2085
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Local business taxes; appeals and rulings. Provides for a similar appeals and rulings process through the local assessor and the state Tax Commissioner for all local business taxes (i.e. machinery and tools tax, business tangible personal property tax and merchant's capital tax) as is currently allowed for the BPOL tax. The effective date is January 1, 2000, except the provisions relating to valuation will be effective for assessments made on or after January 1, 2001. The bill also directs interested parties to propose recommendations relating to valuation, rate classification, and associated matters by December 15, 1999.
- Patron - Parrish
- P HB2086
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Transient occupancy tax; Prince William County. Allows any county which has adopted the county executive form of government and which is contiguous to any county operating under the urban county executive form of government to impose an additional three percent for the transient occupancy tax and to use the additional amount for tourism and marketing of tourism, as determined by consulting with local tourism organizations.
- Patron - Parrish
- P HB2092
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Local taxation of real and tangible personal property of public service corporations. Requires aircraft owned by public service corporations to be taxed at the same rate as other aircraft in the locality. Currently, such aircraft are taxed at the real property tax rate.
- Patron - Cranwell
- P HB2106
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BPOL tax; out-of-state contractors. Subjects any contractor without a definite place of business in any Virginia locality to the BPOL tax or fee imposed by a locality when the amount of the business done there will exceed $25,000 for the license year.
- Patron - Ingram
- P HB2136
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Taxable real estate; exemptions for elderly and disabled. Permits the Town of Lovettsville to raise the income and net worth requirements for elderly and disabled persons to qualify for real property tax exemptions or deferrals, to the same higher levels which certain localities, including Loudoun County, may use.
- Patron - May
- P HB2154
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Taxation; failure to pay certain local taxes. Provides that any member, manager or employee of a limited liability company is an individual who may be held personally liable for any delinquent local admissions, transient occupancy, food and beverage, or daily rental tax which he willfully fails to pay.
- Patron - Grayson
- P HB2190
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State lottery law; Gamblers Anonymous. Removes the sunset date on the provision requiring that all lottery tickets bear a telephone number for Gamblers Anonymous or similar organizations.
- Patron - Tata
- P HB2193
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Grant for care provided to impaired elderly relatives. Provides a $500 grant to individuals or couples whose Virginia adjusted gross income does not exceed $50,000 and who provide unreimbursed care to a mentally or physically impaired relative who required assistance with two or more activities of daily living during more than half the year.
- Patron - Tate
- P HB2211
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Local tax administration; sale of land for delinquent taxes. Provides that real estate may be presumed to be abandoned if it is assessed at $20,000 and (i) the tax is delinquent for three years and (a) the land or structure has been declared a nuisance (b) proper notice has been given but the owner of record has failed to act, and (c) the locality has placed liens on the property to pay for abatement of code violations which have not been paid; or (ii) the tax is delinquent for seven years. If property is deemed abandoned, the court shall not be required to refer the case to a commissioner in chancery prior to its sale for delinquent taxes. Currently referral to a commissioner in chancery is optional.
- Patron - Rhodes
- P HB2223
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Individual income tax; credit for taxes paid other states. Provides a credit to Virginia residents on their income tax when they pay tax to another state for any gain on the sale of a capital asset, effective for taxable years beginning on and after January 1, 2000, provided none of the car tax triggers occurs prior to such date and if one or more of such triggers occurs prior to January 1, 2000, the bill will take effect January 1 in the year after the year none of such triggers occurs.
- Patron - Behm
- P HB2231
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Local taxes; deeding title of certain real estate to locality. Allows for certain real estate on which delinquent taxes or other liens are due to be conveyed to the locality by a special commissioner appointed by the circuit court in lieu of the locality selling it at public auction. Notice must be given and opportunity for a hearing provided before the special commissioner is appointed. Any surplus from the locality's eventual sale of the property shall be payable to the former owner, his heirs or assigns, or to the beneficiaries of any lien against the property.
- Patron - DeBoer
- P HB2312
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Certification of value of qualifying vehicles. Allows commissioners of the revenue to identify vehicles qualifying for the tax relief provided under the Personal Property Tax Relief Act of 1998 by means other than use of the certified personal property tax book.
- Patron - Byron
- P HB2313
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Correcting erroneous real estate assessments. Authorizes commissioners of revenue to correct real estate assessments resulting from factual errors made by other appraisers conducting general reassessments without a petition to court by the taxpayer or the commissioner. A commissioner currently has the ability to make such corrections if the commissioner conducted the erroneous assessment or if the mistake was clerical. Currently, a taxpayer or the commissioner is required to petition the circuit court for relief from an erroneous assessment caused by the factual error of a real estate appraiser.
- Patron - Byron
- P HB2335
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Income tax; Jamestown-Yorktown Foundation voluntary contribution. Allows taxpayers who are due an income tax refund to make contributions of at least one dollar to the Jamestown-Yorktown Foundation for the Jamestown 2007 quadricentennial celebration, for taxable years beginning on and after January 1, 2000, but before January 1, 2008.
- Patron - Dickinson
- P HB2358
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Income tax; accessibility features for the disabled tax credit. Provides an income tax credit to individuals who add certain features to their homes so they are accessible to the disabled. The tax credit is available for taxable years beginning on and after January 1, 2000, provided none of the car tax triggers occurs prior to that date. If one or more of such triggers occurs, the bill is effective January 1 of the year following the year in which none of the triggers occurs. The amount of the credit is 25 percent of the amount spent on such features, not to exceed $500 or the individual's tax liability in the taxable year the feature is completed. The taxpayer must apply for the credit to the Department of Taxation. Tax credits granted for such proposals shall not exceed $1 million in any taxable year.
- Patron - Almand
- P HB2370
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Historic rehabilitation tax credit. Allows any Virginia-resident individual, trust, estate, or corporation to qualify for the historic rehabilitation tax credit for eligible expenses incurred in the rehabilitation of a certified historic structure in another state if the other state has a reciprocal program and agreement. The measure is effective for taxable years beginning on or after January 1, 2002. To qualify, the reciprocal program and agreement must apply to residents of the other state who rehabilitate historic structures in Virginia.
- Patron - Rust
- P HB2386
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Transient occupancy tax; increase in certain counties. Allows Franklin County, defined by population brackets, to increase the transient occupancy tax from two percent to five percent. The additional tax revenues from the portion of the rate over two percent must be spent for tourism initiatives as determined in consultation with local tourism industry organizations.
- Patron - Armstrong
- P HB2475
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Identity of lottery winners. Limits the requirement that lottery prize winners disclose their identity and social security number to instances where the prize is greater than $100 and the winning ticket is redeemed at an office of the Lottery Department. Currently, the identity and social security number of all natural persons receiving any portion of the proceeds of a winning lottery ticket, regardless of the prize amount or where redeemed, must be provided.
- Patron - Orrock
- P HB2497
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Payment of taxes by credit card. Authorizes any treasurer to accept payment of local taxes, fees, and charges by credit card. Currently, the local governing body must adopt an ordinance authorizing their use. The amount of service charge a treasurer may levy is increased from four percent to the greater of 4.5 percent or six dollars.
- Patron - Brink
- P HB2535
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Local administrative costs for delinquent taxpayers. Allows localities to impose a fee for administrative costs when collecting on a nuisance abatement lien equal to the lesser of $150 or 25 percent of the cost, but in no event less than $25.
- Patron - Drake
- P HB2749
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Income tax; credit for political contributions. Establishes a tax credit for individuals who make contributions to candidates for state or local political office equal to 50 percent of the amount of the contribution, subject to a $25 limit for individuals and a $50 limit for married taxpayers filing jointly. The credit will be effective for taxable years beginning on and after January 1, 2000.
- Patron - Dillard
- P HB2754
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Special assessments; sliding scale and roll back taxes. Permits localities to establish a sliding scale tax rate which would lower tax rates for real estate subject to land-use taxation which is held for longer periods of time. A change in use prior to the end of the agreed-upon holding period will result in a tax due at the highest rate had the property not been qualified for a special assessment.
- Patron - Orrock
- P SB732
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Property tax exemption; Meals on Wheels of Greater Richmond, Inc. Exempts property of Meals on Wheels of Greater Richmond, Inc., located in Henrico County from taxation effective January 1, 2000.
- Patron - Stosch
- P SB735
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Sales and use tax on food products for home consumption. Reduces the state sales and use tax rate on food purchased for human consumption one-half percent each year for four years beginning January 1, 2000, for a total reduction of two percent. On and after April 1, 2003, the state sales and use tax rate on such food will be one and one-half percent. The Transportation Trust fund one-half percent, the school-age population one percent and the local option one percent rate will not be affected by this legislation. The gradual rate reduction will not occur in any year if (i) the actual general fund revenues for the second fiscal year preceding a fiscal year in which a rate reduction is planned do not exceed the official general fund revenue estimates for such second fiscal year, as estimated in the most recently enacted and approved general appropriation act, by at least one percent or (ii) any of the circuit breakers in the Personal Property Tax Relief Act of 1998 occur. The Act will take effect January 1, 2000.
- Patron - Marye
- P SB741
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Property tax exemption; Capital Area Community Food Bank, Inc. Exempts certain real and personal property of the Capital Area Community Food Bank, Inc., located in Fairfax County from taxation.
- Patron - Gartlan
- P SB749
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Washington Metropolitan Area Transit Authority (WMATA). Requires that local payments of WMATA rail transit bonds shall be paid first and apportioned to each locality using the WMATA capital formula, using 95 percent of state aid for these payment, and that remaining funds shall be apportioned to reflect WMATA's allocation formulas by using the relative WMATA-allocated subsidies and relative shares of local transit subsidies. The bill further requires that capital costs must include 20 percent of annual local bus capital expenses and that the Northern Virginia Transportation Commission's November 5, 1998, hold harmless protections remain in effect. This bill is a duplicate of HB 1492.
- Patron - Gartlan
- P SB755
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Property tax exemption; Somerset-Olde Creek Recreation Club, Inc. Exempts certain property of the Somerset-Olde Creek Recreation Club, Inc., located in Fairfax County from taxation.
- Patron - Woods
- P SB772
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Property tax exemption; Vetshouse, Inc. Exempts property of Vetshouse, Inc., located in the City of Virginia Beach from taxation.
- Patron - Stolle
- P SB773
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Property tax exemption; Judeo-Christian Outreach Center, Inc. Exempts property of Judeo-Christian Outreach Center, Inc., located in the City of Virginia Beach from taxation. The organization obtained a property tax exemption in 1990 when it was named Virginia Beach Christian Outreach Group, Inc. The exemption is retroactive to July 1, 1998.
- Patron - Stolle
- P SB774
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Sales and use tax; transfer of manufacturer's tooling, etc. Provides that the transfer of title to property after its use as tools, tooling, machinery or equipment will not be considered a "retail sale" for sales tax purposes if (i) at the time of transfer, the purchaser is obligated under the terms of a written contract and (ii) the transfer is made for the same or a greater consideration to the person for whom the purchaser manufactures goods.
- Patron - Wampler
- P SB776
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Real estate tax assessments; new construction. Authorizes any county operating under the urban county executive form of government to provide by ordinance that new buildings shall be assessed when substantially completed or fit for use and occupancy. Real estate taxes on the newly constructed buildings shall be prorated based on the number of days in the tax year that the building is completed. Penalties for nonpayment of tax on new construction completed after November 1 shall not be imposed until the later of December 5 or 30 days after completion. Currently, any locality may elect to assess new buildings if completion occurs prior to November 1, and if it is completed after that date, the new construction is not assessed until the following January 1.
- Patron - Barry
- P SB778
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Combined transient occupancy and food and beverage tax. Authorizes Rappahannock County, defined by population brackets, to levy a combined transient occupancy and food and beverage tax on the aggregate charges for rooms and meals when such charges are not separately stated. This measure only applies to bed and breakfast establishments. The maximum rate of the combined tax is four percent of the combined charges. The tax may be levied only if the county has approved a food and beverage tax by referendum.
- Patron - Miller, K.G.
- P SB780
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Local business taxes; appeals and rulings. Provides for a similar appeals and rulings process through the local assessor and the state Tax Commissioner for all local business taxes (i.e. machinery and tools tax, business tangible personal property tax and merchant's capital tax) as is currently allowed for the BPOL tax. The effective date is January 1, 2000, except the provisions relating to valuation will be effective for assessments made on or after January 1, 2001. The bill also directs interested parties to propose recommendations relating to valuation, rate classification, and associated matters by December 15, 1999.
- Patron - Colgan
- P SB781
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Sales and use tax liability of industrial development authorities. Curtails the sales and use tax exemption currently available to industrial development authorities (IDAs) that purchase construction materials tax-free and furnish them to private companies. The measure excludes tangible personal property purchased by IDAs from the governmental sales tax exemption unless it is paid for out of public funds. An exception is carved out for the Advanced Shipbuilding and Carrier Integration Center.
- Patron - Colgan
- P SB782
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Medical-related sale and use tax exemption. Exempts from the retail sales and use tax controlled drugs purchased for use by optometrists, licensed nurse practitioners, or licensed physician assistants in their professional practice and eyeglass cases and contact lens storage and cleaning materials, when distributed free of charge.
- Patron - Colgan
- P SB783
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Property tax exemptions. Exempts from taxation the property of (i) American Type Culture Collection located in Prince William County; (ii) Lakeview Swim Club, Inc., located in Fairfax County; and (iii) Rainbow Center 4-H Therapeutic Equestrian Program, Inc., located in Prince William County.
- Patron - Colgan
- P SB784
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Property tax exemption; Forest Youth Athletic Association. Exempts property of Forest Youth Athletic Association located in Bedford County from taxation.
- Patron - Newman
- P SB785
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Property tax exemption; The Maupin-Sizemore Foundation. Exempts property of The Maupin-Sizemore Foundation located in the City of Bedford from taxation.
- Patron - Newman
- P SB786
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Property tax exemption; Point of Honor, Inc. Exempts property of Point of Honor, Inc., located in the City of Lynchburg from taxation.
- Patron - Newman
- P SB789
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Property tax exemption; Virginia Association for the Blind, Inc. Exempts property of the Virginia Association for the Blind, Inc., located in the City of Chesapeake from taxation.
- Patron - Quayle
- P SB790
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Sales taxes from Suffolk conference center. Entitles the City of Suffolk to sales tax revenue generated from transactions at a city-owned conference center, hotel and related facilities. The tax revenue shall be applied to repayment of bonds issued by the city for the project on or after January 1, 1999, but before July 1, 2001.
- Patron - Quayle
- P SB794
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Reproductions of tax documents. Authorizes the Tax Commissioner to make reproductions of any correspondence, documents, forms, statements, reports, and working papers kept by the Department of Taxation, and to destroy the originals of the reproduced documents. Currently, only reproductions of state tax returns are authorized, and documents other than tax returns must be held for three years. Attested reproductions of such documents are also made admissible in court proceedings for the same purposes as the original.
- Patron - Hawkins
- P SB795
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Property tax exemption; Newport News Green Foundation, Inc. Exempts property of Newport News Green Foundation, Inc., located in the City of Newport News, from taxation.
- Patron - Norment
- P SB811
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Property tax exemption; Beach Health Clinic, Inc. Exempts property of Beach Health Clinic, Inc., located in the City of Virginia Beach from taxation. The measure is effective retroactive beginning July 1, 1998.
- Patron - Schrock
- P SB825
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Property tax exemption; Odiero, Ltd. Exempts personal property of Odiero, Ltd., operating as SEEDS (Seek Education, Explore, DiScover), located in Montgomery County from taxation.
- Patron - Marye
- P SB829
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Sales and use tax exemptions. Extends the expiration date for existing sales and use tax exemption provisions for certain nonprofit organizations to June 30, 2001. Beginning July 1, 2000, nonprofit organizations, except churches, exempt from the sales and use tax under §§ 58.1-609.4, 58.1-609.7, 58.1-609.8, 58.1-609.9 or 58.1-609.10 will be required to submit the same information currently required to be provided by organizations requesting a new exemption. Such information will be updated beginning prior to the 2002 Session, and will thereafter be updated every five years. Failure to file complete and timely information will result in loss of the state sales and use tax exemption. Committee consideration of sales tax exemption legislation will be contingent on a Tax Department determination that the benefited organizations have provided the required information. The measure also clarifies that bills extending sales and use tax exemptions must be introduced by the first day of a legislative session, and requires the Tax Department to issue a preliminary determination that an organization complies with applicable requirements before legislation renewing an exemption is drafted.
- Patron - Colgan
- P SB837
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Additional transient occupancy tax; sunset date. Extends the sunset date from December 31, 1999, to December 31, 2002, for the additional transient occupancy tax allowed any county with the county manager plan of government.
- Patron - Whipple
- P SB840
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Property tax exemption; CANDII. Provides a property tax exemption to CANDII, a nonprofit charitable organization located in the City of Hampton.
- Patron - Williams
- P SB847
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Sales tax refund on building materials. Extends through June 30, 2004, the ability of certain tax exempt organizations organized for the purpose of building or rehabilitating low-cost homes to apply for refunds of sales tax paid on building materials. The authorization for the refunds is scheduled to expire on June 30, 1999.
- Patron - Maxwell
- P SB859
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Property tax exemption; Larrymore Lawns Community Park Association. Provides a local property tax exemption for certain property owned by Larrymore Lawns Community Park Association in the City of Norfolk.
- Patron - Walker
- P SB862
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Property tax exemption; Meals on Wheels of Greater Richmond. Provides a local tax exemption for Meals on Wheels of Greater Richmond for property located in Henrico County, effective January 1, 2000.
- Patron - Watkins
- P SB864
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Agricultural sales and use tax exemptions; forest products. Defines the harvesting of forest products to include operations prior to the transport of the harvested product, that are necessary for removing forest products from the harvesting site, complying with environmental protection and safety requirements, obtaining access to the harvesting site, and loading cut forest products onto highway vehicles. Currently machinery and tools used directly in the harvesting of forest products are exempt from sales and use tax.
- Patron - Trumbo
- P SB868
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Interest rates; tax overpayments. Provides that the interest rate paid on refunds of overpayments by taxpayers shall be the "overpayment rate" for noncorporate taxpayers established by the Internal Revenue Code plus two percent.
- Patron - Trumbo
- P SB869
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Sales and use tax; medical-related exemptions. Clarifies that medicines and drugs purchased for use or consumption by for-profit hospitals are exempt from sales tax. The measure is effective on and after July 1, 2000.
- Patron - Trumbo
- P SB873
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Property tax exemption; Goodwin House, Inc. Exempts certain property of Goodwin House, Inc., located in the City of Alexandria, from taxation effective January 1, 1999.
- Patron - Ticer
- P SB877
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Income tax deduction for teacher education expenses. Establishes a state income tax deduction for 20 percent of the costs incurred by a licensed primary or secondary school teacher for unreimbursed tuition to attend required continuing teacher education courses, provided the individual is not reimbursed for such costs and did not claim a deduction for such costs on his federal income tax return.
- Patron - Ticer
- P SB879
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Car tax relief; reimbursement of administrative costs. Provides that 100 percent of the fair and reasonable administrative costs incurred by the localities in implementing the car tax relief shall be reimbursed to them. This bill contains an emergency clause and will become effective upon passage.
- Patron - Trumbo
- P SB908
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State Corporation Commission taxes; refund of overpayment. Authorizes the SCC to refund excess payments of retaliatory taxes.
- Patron - Stosch
- P SB914
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Correcting erroneous real estate assessments. Authorizes commissioners of revenue to correct real estate assessments resulting from factual errors made by other appraisers conducting general reassessments without a petition to court by the taxpayer or the commissioner. A commissioner currently has the ability to make such corrections if the commissioner conducted the erroneous assessment or if the mistake was clerical. Currently, a taxpayer or the commissioner is required to petition the circuit court for relief from an erroneous assessment caused by the factual error of a real estate appraiser.
- Patron - Hawkins
- P SB919
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Savings trust accounts; income tax deduction. Authorizes the Board of the Higher Education Tuition Trust Fund to create a savings trust account program pursuant to § 529 of the Internal Revenue Code. Savings trust accounts will be offered in addition to the existing prepaid tuition contracts. The measure also establishes an individual income tax deduction for amounts contributed to a savings trust account. The amount of the deduction shall not exceed $2,000 per savings trust account in any taxable year. Unused portions of the deduction may be carried forward until the contribution has been fully deducted. The tax deduction is effective for taxable years beginning on and after January 1, 1999. The existing Freedom of Information Act exemptions for the prepaid tuition contract program are extended to apply to savings trust accounts.
- Patron - Mims
- P SB923
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Voluntary income tax contribution; Virginia Foundation for the Humanities and Public Policy. Allows individual taxpayers to make a voluntary contribution from income tax refunds to the Virginia Foundation for the Humanities and Public Policy. The provision has a January 1, 2005, sunset date.
- Patron - Couric
- P SB957
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Historic rehabilitation tax credit. Allows partners and S corporation shareholders to allocate historic rehabilitation tax credits among themselves either in proportion to their ownership interest in their partnership or corporation, or as they mutually agree. This provision is effective retroactive to January 1, 1997. The measure also adds language, stated to be declaratory of existing law, providing that the regulations promulgated by the Director of the Department of Historic Resources for this tax credit program shall establish the extent to which this tax credit is co-extensive with the federal historic rehabilitation tax credit. The Director is authorized to allow taxpayers to make a one-time transfer of credits earned with respect to projects prior to final publication of program regulations.
- Patron - Stosch
- P SB968
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Meals taxes. Prevents cities and towns from imposing meals tax on items sold by a grocery store, delicatessen or convenience store except prepared sandwiches and single-meal platters. The same restriction currently exists with respect to county food and beverage taxes.
- Patron - Reynolds
- P SB995
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Classification for business personal property. Establishes a separate class of tangible personal property for tax rate purposes consisting of business personal property used in manufacturing, testing, or operating satellites by a trade or business located within a Multicounty Transportation Improvement District, such as the Route 28 tax district. The classification applies only to property put into service within the District on or after July 1, 1999. The authorization for this classification expires on the first to occur of June 30, 2009, or the date that a special improvements tax is no longer levied on property within the Multicounty Transportation Improvement District. The rate of tax on property in this category shall not exceed the locality's machinery and tools tax rate. The measure also eliminates the classification for machines and tools assessed at $100 million or more and used in a commercial airline's maintenance, repair, and rebuilding facility.
- Patron - Mims
- P SB1008
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Overpayments of local taxes. Requires a locality that charges interest on delinquent taxes to pay interest on overpayments paid to taxpayers due to erroneous assessments. Provisions authorizing the payment of interest on refunded overpayments are repealed; this measure requires the payment of interest notwithstanding the failure of a locality to conform its ordinance to these provisions.
- Patron - Howell
- P SB1017
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Bank franchise tax; computation of net capital. Requires all banks to add back to taxable capital one-half of the bank's loan loss reserve net of applicable deferred tax. The measure is retroactive to tax years beginning on or after January 1,1995, unless the statute of limitations for a refund or assessment has expired. Any bank entitled to a reserve for loan losses under § 585 of the Internal Revenue Code for a tax year from 1995 through 1998 shall for such year add to its gross capital the amount by which the bank's net loan loss reserves exceed the reserve allowable under § 585. If a locality's obligation to make refunds to banks exceeds the amount of additional assessments collected by the locality for tax years 1995 through 1998, the amount of the excess refunds shall be refunded by the Commonwealth from additional taxes collected by the Commonwealth as the result of this act. Any bank franchise tax return required to be filed by March 1, 1999, shall be due instead by April 1, 1999. The measure has an emergency clause.
- Patron - Holland
- P SB1028
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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. The locality may provide for a refund of such excess taxes to purchasers for a period up to three years after receiving such amounts.
- Patron - Hanger
- P SB1050
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Transient occupancy tax. Adds Rockbridge County, defined by population brackets, to the list of counties authorized to levy a transient occupancy tax at a rate not exceeding five percent. Currently, it is subject to the general rate limitation of two percent. The revenue generated by the portion of rate in excess of two percent is required to be used for tourism, marketing of tourism or initiatives that, as determined in consultation with the local tourism industry organizations, attract travelers to the locality and generate tourism revenues in the locality.
- Patron - Hanger
- P SB1064
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Use tax distribution in certain localities. Requires the Tax Commissioner to develop a uniform method to distribute local use tax. Any significant changes to the method of local use tax distribution shall be phased in over a five-year period. Distribution information shall be shared with localities prior to such changes.
- Patron - Watkins
- P SB1076
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Corporate income tax; apportionment. Reenacts legislation enacted by the 1998 Session which revised the formula for calculating the portion of a corporation's income that is subject to the Virginia corporate income tax. Currently, Virginia generally uses a three-factor test by which the total of the property factor, payroll factor, and sales factor is divided by three. Under this measure the sales factor is double-weighted, with the result that, when all three factors are present, the property factor, payroll factor, and twice the sales factor will be divided by four. The measure is effective for taxable years beginning on and after January 1, 2000, unless one of the circuit breakers in the Personal Property Tax Relief Act of 1998 has occurred prior to that date. If such an event has occurred, the effective date will be postponed until January 1 after the year when a circuit-breaking effect has not occurred.
- Patron - Stolle
- P SB1098
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Transient occupancy tax. Adds Franklin County, defined by population brackets, to the list of counties authorized to levy a transient occupancy tax at a rate not exceeding five percent. Currently, it is subject to the general rate limitation of two percent. The revenue generated by the portion of rate in excess of two percent is required to be used for promoting tourism, travel or business that generates tourism or travel in the locality.
- Patron - Reynolds
- P SB1134
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Tangible personal property tax on certain small boats and watercraft. Adds two new classifications, for tangible personal property tax purposes, for watercraft which is under 18 feet and either motorized or nonmotorized. It also requires marina owners who report to the commissioners of the revenue to include, with the list of boat owners, certain boat-by-size categories. Finally, it allows the treasurer not to send a tax bill if the amount is for $20 or less.
- Patron - Watkins
- P SB1160
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Virginia taxable income; subtraction for military basic pay. For taxable years beginning on or after January 1, 2000, allows a subtraction of $15,000 from income tax for military basic pay with such amount being reduced dollar-for-dollar when the taxpayer's military basic pay exceeds $15,000 and no subtraction allowed if such basic pay equals or exceeds $30,000. It also allows a subtraction for the first $15,000 of salary for federal and state employees whose annual salary is $15,000 or less, effective January 1, 2000. The act will take effect January 1, 2000, unless one of the circuit-breakers in the Personal Property Tax Relief Act of 1998 has occurred prior to that date. If such an event has occurred, the effective date is postponed until January 1 after the year when a circuit-breaking event has not occurred.
- Patron - Walker
- P SB1218
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Tax credits; preservation of land. Provides an income tax credit for individuals and corporations donating land for preservation and sustainability purposes. The tax credit is 50 percent of the "fair market value" of the land transferred, not to exceed $50,000 in FY 2000, $75,000 in FY 2001 and $100,000 in FY 2002 and thereafter. In addition, the credit may only be used to offset taxes owed, but it may be carried forward for a period of five years. To the extent a credit is taken, no subtraction for the gain on the sale of land or an easement dedicated to open-space use under subsection C of § 58.1-322 shall be allowed for three years after the credit is taken.
- Patron - Hanger
- P SB1221
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Tax increment financing; open-space uses. Provides that real estate devoted to open-space use may be financed as part of tax increment financing.
- Patron - Hanger
- P SB1222
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Capital gains tax; relief for land dedicated to open space. Provides for a subtraction from the income of individuals and corporations the gain on the sale of land or an easement which dedicates the land or easement to an open-space use. To the extent a subtraction is taken, no credit for donating land for preservation shall be allowed for three years after the subtraction is taken.
- Patron - Hanger
- P SB1256
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High Priority Transit Project Fund. Establishes the High Priority Transit Project Fund as a nonreverting special subaccount within the Commonwealth Mass Transit Fund. The High Priority Transit Project Fund subaccount is to consist of such moneys as are appropriated to it by the General Assembly and all donations, gifts, bequests, grants, endowments and other moneys given to it. Fund proceeds are to be used to cover capital expenditures associated with mass transit projects approved by the Commonwealth Transportation Board and may be used to support the issuance of revenue bonds.
- Patron - Whipple
- P SB1286
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Taxation of electric utilities. Eliminates the state gross receipts tax, the State Corporation Commission special assessment tax, and the local gross receipts tax on electric suppliers. In place of these taxes, consumers of electricity will pay a declining block consumption tax and corporations will be subject to corporate income tax. The consumption tax, which contains components for a state gross receipts tax, SCC regulatory tax, and local consumption tax, will be levied at rates of (i) $0.00155 for the first 2,500 kWh consumed; (ii) $0.00099 for between 2,500 and 50,000 kWh; and (iii) $0.00075 for power consumed in excess of 50,000 kWh. These combined rates may be reduced to reflect lower SCC regulatory charges and to omit the local tax component in localities served by municipal-owned electric utilities that opt not to assess the local tax. In addition, most electric suppliers will pay a net corporate income tax. Electric cooperatives are not subject to the corporate income tax except to the extent sales are made to nonmember customers. Electric suppliers will report real and personal property to the State Corporation Commission, which will centrally assess their property. These changes are in anticipation of federal deregulation of the electric utility industry. The effective date of the legislation is January 1, 2001.
- Patron - Watkins
- P SB1297
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Confidentiality of tax information. Authorizes a commissioner of revenue to provide to the representative of a condominium unit owners' association, property owners' association, or real estate cooperative association, or to the owner of property governed by any such association, the names and addresses of parties having a security interest in real property governed by the association. The person requesting the information shall provide a written request stating the reason for such request, which reason must relate to matters relating to the association. Any person receiving the information is subject to the prohibitions on further dissemination of the information, and a violation of the confidentiality provisions is punishable as a Class 2 misdemeanor. The locality may require the person requesting the information to pay the reasonable cost of providing such information.
- Patron - Mims
- P SB1312
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Taxation of well drilling equipment. Equalizes the taxation of water well drilling machinery and mining machinery. Currently, water well drilling machinery is taxable as personal property generally, while the same type of machinery is taxable as intangible personal property or machinery and tools if used in mining.
- Patron - Potts
F
Failed
- F HB1434
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Sales and use tax exceptions; partial phase out of sales tax on food. Reduces the state portion of the sales tax on food purchased for preparation and consumption away from the place of purchase beginning with a two percent reduction beginning on July 1, 1999, and resulting ultimately with the state tax portion reduced to one-half of one percent on or after July 1, 2001.
- Patron - Day
- F HB1435
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Lottery proceeds for local school divisions. Provides that one-third of lottery proceeds will be distributed to local school districts beginning July 1, 2000, two-thirds of lottery proceeds will be distributed to local school districts beginning July 1, 2001, and all lottery proceeds will be distributed to local school districts beginning July 1, 2002. The apportionment formula among the school districts will be as follows:(i) forty percent of the available proceeds shall be allocated and distributed equally to each school division; (ii) forty percent of the available proceeds shall be allocated and distributed to each school division on a pro rata basis according to the school division's average daily membership adjusted by the locality's composite index; and (iii) twenty percent of the available proceeds shall be allocated and distributed to each school division on a pro rata basis according to the school division's average daily membership.
- Patron - Day
- F HB1443
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Sales and use tax; dedication of proceeds to school construction. Provides that localities shall receive the two percent of the Commonwealth's share of sales tax on food purchased for preparation and consumption away from the place of purchase and shall dedicate it to school construction. Further, a locality may by ordinance reduce the amount of sales tax to be collected by up to two percent. One percent of the Commonwealth's share will continue to go back to the localities based on school age population and one-half of one percent will continue to go to the Transportation Trust Fund.
- Patron - Black
- F HB1458
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Income tax; Virginia taxable income of residents. Increases from $800 to $1,000 the deduction for each personal exemption allowed individuals in computing Virginia taxable income for taxable years beginning on and after January 1, 2000.
- Patron - Hamilton
- F HB1459
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Property tax; exemption for churches, religious associations and corporations, and religious denominations. Adds religious corporations to those religious entities whose property is tax-exempt by classification.
- Patron - Black
- F HB1463
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Income tax; credit for purchase of teacher's instructional materials. Provides a credit against the individual income tax to teachers in the Commonwealth, both public and private, who purchase instructional materials and supplies for use in their classrooms. The credit is limited to $100 or the tax liability of the individual during the year of the purchase, and any excess may be carried over for five years. The effective date for the credit is January 1, 1999.
- Patron - Black
- F HB1478
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Income tax; tax credit for caregivers. Provides a $500 tax credit to taxpayers with adjusted gross incomes between $5,000 and $50,000, inclusive, who provide unreimbursed care to a physically or mentally impaired relative who required assistance with two or more activities of daily living during more than half the year. The credit will be available for taxable years beginning on and after January 1, 2000. This bill has been incorporated into HB 2193.
- Patron - Darner
- F HB1482
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Discount for transient occupancy and food and beverage tax paid. Provides a discount for merchants subject to local transient occupancy taxes and food and beverage taxes. The discount is a percentage of the amount subject to tax and is based on the same percentages applicable to merchants collecting sales tax.
- Patron - Morgan
- F HB1490
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Sales and use tax exemption; Jewish Community Center. Extends through June 30, 2000, the sales and use tax exemption to a nonprofit corporation exempt from taxation under § 501(c)(3) of the Internal Revenue Code with the primary purpose of promoting the welfare of the Jewish community and enriching and furthering an appreciation of the spiritual, cultural and ethical heritages and values of Judaism as they apply to the Jewish way of life in America. This bill has been incorporated into HB 1571.
- Patron - Hull
- F HB1494
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Sales and use tax exemption extensions. Extends for five years the expiration date of a sales tax exemption for the category of nonprofit civic and community service organizations that includes the Robert E. Rose Memorial Foundation. This bill has been incorporated into HB 1571.
- Patron - Sherwood
- F HB1509
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Income tax; tax credit for caregivers. Provides a $500 tax credit to taxpayers with Virginia adjusted gross income between $5,000 and $50,000 who provide unreimbursed care to a physically or mentally impaired relative who required assistance with two or more activities of daily living during more than half the year. The credit will be available for taxable years beginning on and after January 1, 2000. This bill has been incorporated into HB 2193.
- Patron - Deeds
- F HB1511
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Income tax; public school volunteers tax credit. Provides an income tax credit for individuals who volunteer in the public school system at least 100 hours during the taxable year, for taxable years beginning on and after January 1, 2000. The credit is $1.00 per hour not to exceed $250 each tax year.
- Patron - Davies
- F HB1523
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Income tax; distribution of income tax revenues to localities. Provides for a percentage of individual income tax revenues to be returned to localities, based on the taxpayer's residence, beginning in 2000. The percentage begins at two percent in 2000, increases to four percent in 2001 and eight percent in 2002 and thereafter.
- Patron - Hamilton
- F HB1531
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Use tax; catalogue sales. Increases the amount exempt from use tax from $100 to $2,500 for annual out-of-state mail order catalog purchases. There are technical amendments.
- Patron - Howell
- F HB1564
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Motor vehicle sales and use tax; allowance for certain trade-ins. Allows, when calculating the basis for the motor vehicle sales and use tax, credits or allowances for trade-ins to be given on the fourth motor vehicle when the purchaser buys four motor vehicles within a five-year period.
- Patron - Johnson
- F HB1589
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Property tax exemption; Community Memorial Healthcenter. Provides a property tax exemption for the property of Community Memorial Healthcenter located in the Towns of Clarksville and South Hill in Mecklenburg County.
- Patron - Ruff
- F HB1644
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State recordation tax; amount to be taxed. Requires the recordation tax to be based on the amount paid for the property and removes the option of basing it on the assessed value.
- Patron - Tate
- F HB1695
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Interest rate on tax refunds. Requires the Commonwealth to pay the same rate of interest on refunds to taxpayers as it collects from taxpayers for omitted taxes and assessments. This bill has been incorporated into HB 1678.
- Patron - Dudley
- F HB1698
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Transient occupancy tax; additional amount for towns. Allows any town with a population of at least 4,000 but no greater than 4,100, to impose the tax at a rate of up to five percent with any excess over two percent designated and used only for tourism and attracting tourism to the town.
- Patron - Dudley
- F HB1701
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Income tax; Virginia taxable income of residents; disability income. Provides that, in calculating Virginia taxable income of residents for taxable years beginning on or after January 1, 2000, disability income, as defined in the Internal Revenue Code, shall be subtracted from federal adjusted gross income. The bill will not take effect on January 1, 2000, if one or more of the car tax triggers occurs before that date. In such a case, it will be effective on January 1 in the year after any year in which none of the triggers occur.
- Patron - Croshaw
- F HB1740
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Income tax credits for educational expenses and contributions. Establishes nonrefundable income tax credits for tuition and other instructional fees charged by a public or private school and for certain fees and costs incurred in association with home schooling. The maximum amount of the credit is 80 percent of the qualifying expenses incurred per child, or 100 percent if the taxpayer is a member of a household whose adjusted gross income does not exceed 185 percent of the federal poverty guideline amount. To qualify for the credit, the student for whom the expenses were incurred must be eligible to be enrolled in a public school free of charge, qualify to be claimed as a dependent on the taxpayer's federal tax return, and must not attend a free public school during the period that the expenses were incurred. The maximum amount of the credit for taxable year 2000 is 10 percent of the average per-pupil public expenditure for fiscal year 1999. In subsequent years, the percentage increases by 10 percent per year until taxable year 2004, when the maximum allowable credit is capped at the greater of 50 percent of the average per-pupil public expenditure for the preceding fiscal year or $2,500. The legislation also provides an income tax credit for cash donations to a charitable, Virginia-chartered tax exempt corporation that (i) provides financial assistance for the education of children from households whose adjusted gross income does not exceed 185 percent of the federal poverty guideline amount and (ii) expends all of certain cash contributions as grants to cover qualifying educational expenses of such children. The maximum amount of the credit starts at $50 per taxpayer for taxable year 2000, and increases in $50 annual increments thereafter until reaching $200 in 2003. Such contributions cannot be designated for the direct benefit of a child or dependent of the taxpayer or his immediate family. Taxpayers cannot claim both types of credits in the same year. Both types of tax credits become effective for taxable years beginning on or after January 1, 2000. The Department of Taxation is required to promulgate regulations to implement these credits, including providing the format for a standardized receipt to be issued by school tuition organizations and qualifying schools.
- Patron - Katzen
- F HB1753
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Sales and use tax; temporary exemption. Provides that each year for the period beginning August 29 and ending September 7 ("back -to-school" period), there will be no state sales and use tax on purchases. There will continue to be a local sales and use tax.
- Patron - Day
- F HB1846
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Local income taxes. Allows counties and cities to impose a local income tax at the rate of one percent in addition to the applicable state income tax rate with a reduction in the local real estate tax rate to offset the amount of local income tax revenues collected. The bill also eliminates the five-year expiration of authority to levy the tax.
- Patron - Van Yahres
- F HB1856
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Income tax; fire and rescue squad volunteers tax credit. Provides an income tax credit for individuals who serve as volunteers on local fire and rescue squads for taxable years beginning on and after January 1, 2000. The credit is $1.00 per hour not to exceed $100 each tax year.
- Patron - Day
- F HB1857
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Income tax; public school division endowment fund tax credit. Provides an income tax credit for individuals who donate money to a public school division endowment fund during the taxable year, for taxable years beginning on and after January 1, 2000. The credit is equal to the amount donated to the fund, not to exceed $1,000 each tax year.
- Patron - Day
- F HB1858
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Reduced sales and use tax for certain clothing, footwear, and computers. Establishes a state sales and use tax exemption during the period from September 1 through September 7, 1999, and every September 1 through September 7 thereafter, for "clothing and footwear" costing less than $500; "computer systems" costing less than $1500; and "computers," "computer hardware," and "computer software" costing less than $500. The bill also requires the Tax Department to promulgate regulations which implement the temporary exemption program by August 15, 1999.
- Patron - Day
- F HB1889
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Educational economic enhancement credit. Provides a $1,000 credit to individuals between the ages of 19 and 65 who obtain a GED during the tax year if the individual can document, through his employer, that he has obtained a job or a promotion as a result of obtaining the GED. The bill also grants a credit to any employer of $1,000 for each employee who receives a GED while employed in a full-time position. Neither of the credits is refundable.
- Patron - Kilgore
- F HB1910
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Litter Control and Recycling Fund and litter tax. Repeals the litter tax and removes the language that says such tax shall be paid to the Litter Control and Recycling Fund.
- Patron - Rhodes
- F HB1914
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Supplemental payments to federal retirees. Provides for the payment of 23.4541 percent of the amount of the overpayment of state income taxes paid by federal and military retirees on federal pension benefits during the period 1985 through 1988, if the retirees have previously agreed to accept 76.5459 percent of the amount of this overpayment. These retirees, who settled their claims against the Commonwealth under the settlement legislation enacted in 1994, have received less than the 14,300 retirees who rejected the settlement offer and, following the result of the Harper case, received a refund of 100 percent of their overpayment. The supplemental payment will be made, if funds are appropriated, on July 1, 1999, or as soon thereafter as practical.
- Patron - Hamilton
- F HB1918
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Severance tax; wood chips. Authorizes the governing body of any county or city to levy a license tax on every person engaging in the business of severing wood chips from trees. Such tax rate shall not exceed three percent of the gross receipts from the sale of wood chips severed in such county or city and shall be measured for tax at the time utilized in such county or city or shipped from such county or city.
- Patron - Phillips
- F HB1919
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Coal and gas road improvement license tax; money distributed to towns. Allows counties to distribute a portion of the revenues collected from the coal and gas road improvement license tax to towns located within the counties' boundaries provided the town uses the money for road and water projects. Towns receiving the money must appoint a coal and gas road improvement advisory committee to development a plan for road improvements and water projects.
- Patron - Phillips
- F HB1932
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Income tax; expansion of tax bracket. Expands the five percent income tax bracket from a top taxable income of $17,000 to $30,000 with the five and three-quarters percent income tax bracket applicable to taxable income in excess of $30,000, effective January 1, 1999.
- Patron - Tate
- F HB1948
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Legislative consideration of exemptions from the sales and use tax; annual registration. Beginning July 1, 2000, nonprofit organizations, except churches, exempt from the sales and use tax under §§ 58.1-609.4, 58.1-609.7, 58.1-609.8, 58.1-609.9 or 58.1-609.10 will be required to submit and update information regarding their federal tax-exempt status. Such information will be updated beginning in 2002 and will continue to be updated every five years. Failure to file complete and timely information will result in loss of the state sales and use tax exemption. This bill has been incorporated into HB 1571.
- Patron - DeBoer
- F HB1954
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Corporate income tax; apportionment. Revises the formula for calculating the portion of a corporation's income that is subject to the Virginia corporate income tax. Currently, Virginia generally uses a three-factor test by which the total of the property factor, payroll factor, and sales factor is divided by three. Under this measure the sales factor is double-weighted, with the result that, when all three factors are present, the property factor, payroll factor, and twice the sales factor will be divided by four. The measure applies for taxable years beginning on and after January 1, 2000. This same legislation was passed during the 1998 General Assembly Session with the requirement that it be reenacted during the 1999 session.
- Patron - DeBoer
- F HB1980
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Income tax; volunteer fire and rescue squad personnel tax credit. Provides an income tax credit for individuals who serve as volunteers on the local fire and rescue squads at least 100 hours during the taxable year, for taxable years beginning on and after January 1, 2000. The credit is $1.00 per hour not to exceed $250 each tax year.
- Patron - Davies
- F HB1991
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Distribution of recordation tax to cities and counties. Increases the amount of recordation tax distributed to cities and counties from $40 million to $70 million.
- Patron - Puller
- F HB2005
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Distribution of recordation tax to cities and counties. Increases the amount of recordation tax distributed to cities and counties from $40 million to $70 million. This bill has been incorporated into HB 1991.
- Patron - Rollison
- F HB2021
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Sales and use tax on food products for home consumption. Reduces the rate of the state sales tax on food products for home consumption from 3.5 percent to (i) 2.5 percent effective July 1, 1999, and (ii) 1.5 percent effective July 1, 2000. The measure affects only the general fund's portion of the state tax revenue currently generated from sales of such products.
- Patron - Robinson
- F HB2022
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Sales and use tax; temporary exemption. Provides that each year for the period beginning August 1 and ending September 15 ("back -to-school" period) there will be no state sales and use tax on purchases of any item of clothing or back-to-school item with a taxable value of $50 or less sold to a person qualifying for food stamps. There will continue to be a local sales and use tax on these items. The Department of Taxation is directed to promulgate regulations for the implementation of these provisions.
- Patron - Robinson
- F HB2068
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County food and beverage tax. Conforms the food and beverage tax for counties to the food and beverage tax available to cities. Currently, counties are subject to certain restrictions to which cities are not subject.
- Patron - Van Yahres
- F HB2089
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Compensation of lottery retailers. Provides that lottery retailers shall be paid seven percent of the sales price for tickets sold. Currently, the lottery board establishes the compensation to be paid.
- Patron - Clement
- F HB2117
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Individual income tax; indexing age subtraction amounts. Requires the $6,000 and $12,000 age deduction amounts to be indexed annually based on the most recent percentage increase in the social security wage base, for taxable years beginning on and after January 1, 1999.
- Patron - Robinson
- F HB2134
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Income tax sharing for local infrastructure. Provides that the Commonwealth shall return to cities and counties five percent of the income taxes collected from the residents of each city or county and 50 percent of the growth in income tax collections for each city or county. The amounts returned shall be expended within five years for school construction costs and transportation needs of the cities and counties.
- Patron - May
- F HB2149
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Gross receipts tax; certain contractors. Provides that certain contractors involved in transportation projects are not subject to gross receipts tax for amounts collected on behalf of subcontractors.
- Patron - Howell
- F HB2162
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Authority of locality to raise effective tax rate; referendum. Provides that a locality must publish notice, hold a hearing and have approval by referendum of sixty of the voters voting prior to increasing the effective tax rate.
- Patron - Marshall
- F HB2172
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Land use tax; determinations made by local officials. Allows localities to set a maximum acreage amount in their local ordinance for real estate devoted to forest use. When such acreage amounts are calculated, ownership will be determinative, not location of parcels to each other. There are technical amendments, also.
- Patron - Stump
- F HB2181
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Income tax; deduction for contributions to public school division endowment funds. Provides a deduction in calculating Virginia taxable income for contributions, not to exceed $1,000 annually, made by taxpayers to public school division endowment funds, effective for taxable years beginning on and after January 1, 2000.
- Patron - Day
- F HB2182
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Roll-back taxes on certain not-for-profit hospitals. Allows certain counties (Prince William) to impose a roll-back tax on not-for-profit hospitals which are purchased or acquired by a for-profit entity. The roll-back tax equals the amount of state and local taxes the not-for-profit hospital would have paid, with interest, if it had been for-profit.
- Patron - Marshall
- F HB2203
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Income tax; deduction for fire and rescue squad volunteers. Provides a deduction when calculating Virginia taxable income of $250 for members of volunteer fire and rescue squads, effective for taxable years beginning on and after January 1, 2000.
- Patron - Day
- F HB2214
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Income tax; deduction for long-term health care insurance. Provides a deduction, from federal adjusted gross income in calculating Virginia taxable income, for long-term health care insurance premiums, for taxable years beginning on and after January 1, 2000.
- Patron - Davies
- F HB2232
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Sales and use tax on food purchased for home consumption; two percent reduction. Reduces the rate of the state sales and use tax on food products for home consumption from 3.5 percent to (i) 2.5 percent effective January 1, 2000, and (ii) 1.5 percent effective on and after January 1, 2001. Not affected by this change are the one percent state sales and use tax which is returned to localities based on average daily school membership, the one-half percent state sales and use tax which is deposited in the Transportation Trust Fund and the one percent local sales and use tax levied pursuant to §§ 58.1-605 and 58.1-606. This results in a total reduction of two percent of the current 4.5 percent state and local sales and use tax on food. The food which is exempt is that which would be exempt if purchased with coupons issued under the federal Food Stamp Program, except for seeds and plants which produce food for human consumption.
- Patron - DeBoer
- F HB2237
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Economic development; rebate of income taxes to localities. Provides that localities which have businesses qualifying for the business facility job tax credit will receive from the state a 20 percent rebate of the personal income tax earned as a result of the jobs created by the qualifying businesses. The rebate will be paid to the locality in which the employee resides.
- Patron - May
- F HB2261
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Personal property tax relief. Provides that the effective date for determining the tax rate that is subject to reimbursement shall be July 1, 1997, or August 1, 1997, whichever results in the greater rate to be reimbursed. This bill has been incorporated into HB 1851.
- Patron - Deeds
- F HB2275
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Additional motor fuels sales tax in certain transportation districts. Allows an additional motor fuels sales tax up to five percent in the Northern Virginia Transportation District or in any transportation district which is subject to § 15.2-4515 C and which is contiguous to the Northern Virginia Transportation District following a majority approval by referendum of the voters in counties and cities comprising at least 80 percent of the district's population. The revenues will be distributed to all localities in the district in proportion to the share of urban or secondary funds received by each locality of the district's total of such funds and are to be used for transportation and transportation-related services and expenditures of the localities. There are technical amendments also.
- Patron - Watts
- F HB2291
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Historic courthouse preservation zone tax credits. Establishes a tax credit for business firms conducting qualifying commercial uses within historic courthouse preservation zones. A locality may apply to the Department of Taxation for designation of the area within 1,000 feet of a circuit courthouse that was built prior to 1900 as a "historic courthouse preservation zone." A business within a zone is eligible for designation as a qualifying commercial use if the local government certifies that the business is located in a structure in the zone that satisfies the architectural standards for an Old and Historic District. The annual tax credit for any qualifying commercial use is the lesser of $20,000 or one third of its state tax liability. The tax credits are nonrefundable, but unused credits may be carried forward for up to 10 years. The credits are available for taxable years beginning on or after January 1, 2000, but before January 1, 2005. This bill has been incorporated into HB 2669.
- Patron - Armstrong
- F HB2300
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Motor vehicle sales and use tax; exemptions. Provides an exemption from the motor vehicle sales and use tax to a person who buys a vehicle after leasing it and paying the tax on the leased vehicle.
- Patron - Davis
- F HB2301
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Property tax exemption; Big Brothers Big Sisters of Greater Williamsburg, Virginia. Exempts personal property of Big Brothers Big Sisters of Greater Williamsburg, Virginia located in York County from taxation.
- Patron - Davis
- F HB2305
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Income tax deduction for fast toll system payments. Allows an individual income tax deduction for an amount properly deducted from an individual's user account at a fast toll system, as evidenced by receipts, effective for taxable years beginning on and after January 1, 1999. The deduction applies to any fast toll system in Virginia where toll payments are automatically deducted from the motorist's user account by means of a transponder or other vehicle identification system.
- Patron - Davis
- F HB2316
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Distribution of lottery proceeds. Requires that all lottery revenues transferred to the general fund, which are required to be appropriated for the purpose of public education to localities, shall be apportioned and distributed on a pro rata basis according to each school division's average daily membership and the locality's composite index of ability to pay. The amount of each school division's distribution shall be matched by funds of the school division based on the locality's composite index of ability to pay. Localities are required to inform the Superintendent of Public Instruction how they intend to use their share of the revenue for public education purposes and to certify that the funds shall be used for such purpose.
- Patron - Callahan
- F HB2356
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Sales and use tax; reduction of sales tax and food. Reduces the sales tax on food beginning July 1, 1999, by 1.5 percent annually until it is totally eliminated on July 1, 2001. The sales tax revenues lost by the localities and the Transportation Trust fund will be reimbursed by the Commonwealth.
- Patron - Cranwell
- F HB2357
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Omnibus Prosperity Act of 1999. Reduces the sales tax on food beginning July 1, 1998, by 1.5 cents annually until it is totally eliminated on July 1, 2001. The sales tax revenues lost by the localities, including those returned to localities based on school age population, and the Transportation Trust Fund will be reimbursed by the Commonwealth. Provides that 17.5 percent of lottery proceeds in 1999, and 100 percent in 2000, and thereafter through fiscal year 2010, will be distributed to local school districts to support education. The apportionment formula among the school districts will be as follows: (i) 40 percent of the available funds shall be allocated and distributed equally to each school division; (ii) 40 percent of the available funds shall be allocated and distributed to each school division according to the school division's adjusted average daily membership multiplied by one minus its composite index of local ability to pay, based on each school division's percentage of average weighted daily membership of the state total; (iii) 10 percent of the available funds shall be allocated and distributed to those school divisions with an increase in adjusted daily average membership from fiscal year 1992 to fiscal year 1997, based on each school division's percentage of such growth of the state total; and (iv) 10 percent of the available funds shall be allocated and distributed to each school division based on eligibility criteria determined by the Board. Such eligibility criteria shall include demonstrated need based on local ability to pay for public school construction; population growth; past local effort in maintaining, renovating and constructing public school buildings; and the availability and pledge of local matching funds. Repeals §§ 1 and 2 of Chapter 2 of the Acts of Assembly of 1998 (Special Session), thereby eliminating the Commission on State Funding of Public School Construction.
- Patron - Cranwell
- F HB2372
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Virginia Omnibus Local Government Financing Act of 1999. Reforms local government taxing authority and the powers of counties to allow localities that are now subject to conditional zoning authority, or high-growth localities, to more adequately fund transportation improvements and public school operations in order to relieve intensive growth pressures.
- Patron - Hull
- F HB2377
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Income tax; credit for purchase of instructional materials by teachers. Provides a credit against the individual income tax to public and private elementary or secondary teachers in the Commonwealth who purchase instructional materials and supplies for use in their classrooms. The credit is limited to $100 or the tax liability of the individual during the year of the purchase, and any excess may be carried over for five years. The effective date for the credit is January 1, 1998.
- Patron - Hull
- F HB2502
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Machinery and tools tax. Provides that machinery and tools used in a coal mining business shall be valued for tax purposes as follows:
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Year 1: Original cost x 80%=Assessed value; Year 2: Original cost x 60%=Assessed value; Year 3: Original cost x 40%=Assessed value; Year 4: Original cost x 30%=Assessed value; Year 5 and thereafter: Original cost x 20%=Assessed value.
- Patron - Ingram
- F HB2513
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Lottery proceeds; use for educational capital projects. Requires that all lottery revenues transferred to the general fund, which are required to be appropriated for the purpose of public education to localities, shall be apportioned and distributed on a pro rata basis according to each school division's average daily membership and the locality's composite index of ability to pay. The amount of each school division's distribution shall be matched by funds of the school division based on the locality's composite index of ability to pay. Localities are required to inform the Superintendent of Public Instruction how they intend to use their share of the revenue for public education purposes and to certify that the funds shall be used for such purpose. An enactment clause provides that a portion of the lottery proceeds will be distributed to localities to hold them harmless from any reductions from this formula compared to the formula set forth in the budget bills as introduced.
- Patron - Bloxom
- F HB2525
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Income tax; indexing the personal exemption amount. Requires, for taxable years beginning January 1, 2000, that the $800 personal exemption for individual income tax purposes be indexed annually according to the federal government's immediately preceding fiscal year CPI-U.
- Patron - McClure
- F HB2526
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Income tax; increase personal exemption. Increases the personal exemption for calculating Virginia taxable income to $1,100 in 2000; $1,500 in 2001; $1,900 in 2002; and $2,500 in 2003. On and after January 1, 2004, the $2,500 will be indexed according to CPI-U.
- Patron - McClure
- F HB2545
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Tire tax. Makes the wholesaler responsible for charging, collecting and remitting the tire tax instead of the retailer.
- Patron - Ruff
- F HB2563
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Income tax; itemized deductions. Allows taxpayers to itemize their deductions or take the standard deduction in computing their Virginia taxable income, regardless of how they treated such deductions on their federal income tax return. This is effective for taxable years beginning on and after January 1, 2000.
- Patron - McDonnell
- F HB2579
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Tax credit against local property taxes. Provides that any county with a population of not less than 10,275 and not more than 10,350 (Greene County) may, by ordinance, provide an annual tax credit of up to $1,000 for persons providing their children with private school education or home school education. The credit may only be applied against nonbusiness property.
- Patron - Harris
- F HB2586
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Lottery proceeds for local school divisions. Provides that lottery proceeds will be distributed to localities to support education. The distribution to localities shall be based on average daily membership adjusted for the composite index.
- Patron - Rust
- F HB2606
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Moneys deposited in Virginia School Construction Grants Fund. Provides that forfeited lottery prizes will be deposited in the Virginia Public School Construction Grants Fund, rather than the Literary Fund, and apportions the following percentages of lottery revenues transferred to the general fund annually for deposit in the Virginia School Construction Grants Fund as follows: for fiscal year 2000, up to 15 percent; for fiscal year 2001, up to 25 percent; for fiscal year 2002, up to 50 percent; for fiscal year 2003, up to 75 percent; and for fiscal year 2004 and thereafter, up to 100 percent. Incorporated into HB 2513.
- Patron - Jackson
- F HB2648
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Historic courthouse preservation zone tax credits. Establishes a tax credit for business firms conducting qualifying commercial uses within historic courthouse preservation zones. A locality may apply to the Department of Taxation for designation of the area within 1,000 feet of a circuit courthouse that was built prior to 1900 as a "historic courthouse preservation zone." A business within a zone is eligible for designation as a qualifying commercial use if the local government certifies that the business is located in a structure in the zone that satisfies the architectural standards for an Old and Historic District. The annual tax credit for any qualifying commercial use is the lesser of $20,000 or one third of its state tax liability. The tax credits are nonrefundable, but unused credits may be carried forward for up to 10 years. The credits are available for taxable years beginning on or after January 1, 2000, but before January 1, 2005. This bill has been incorporated into HB 2669.
- Patron - Katzen
- F HB2665
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Income tax; $3,000 subtraction for members of U. S. Armed Forces. Provides a subtraction not to exceed $3,000, when calculating Virginia taxable income for members of the United States Armed Forces, as is currently allowed to members of the Virginia National Guard. The provision is effective for taxable years beginning on and after January 1, 1999.
- Patron - O'Brien
- F HB2669
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Historic courthouse preservation zone tax credits. Establishes a tax credit for business firms conducting qualifying commercial uses within historic courthouse preservation zones. A locality may apply to the Department of Taxation for designation of the area within 1,000 feet of a circuit courthouse that was built prior to 1900 as a "historic courthouse preservation zone." A business within a zone is eligible for designation as a qualifying commercial use if the local government certifies that the business is located in a structure in the zone that satisfies the architectural standards for an Old and Historic District. The annual tax credit for any qualifying commercial use is the lesser of $20,000 or one third of its state tax liability. The tax credits are nonrefundable, but unused credits may be carried forward for up to 10 years. The credits are available for taxable years beginning on or after January 1, 2000, but before January 1, 2005.
- Patron - O'Brien
- F HB2688
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BPOL tax. Revises the business, professional and occupation license tax, making it a flat fee based on gross receipts for all businesses within a locality. The license fee ranges from $25 (for receipts of $100,000 or less) to $2,500 (for receipts of $5,000,001 or more). The effective date is January 1, 2000.
- Patron - Davis
- F HB2728
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Corporate income tax; tax credit for tobacco purchases. Grants a tax credit to any corporation which purchases tobacco from Virginia warehouses for taxable years beginning January 1, 1999, and ending January 1, 2001. The credit is equal to 50 percent of the purchases made in excess of the amount of tobacco purchased by such corporation from Virginia warehouses in 1997, not to exceed $500,000 or the taxpayer's liability, whichever is less in the year of purchase. Any unused credit may be carried over for five years.
- Patron - Ruff
- F HB2731
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Assessment of timberland. Provides that the land surface and standing timber on timberland be assessed separately and repeals the requirement that land surface and standing timber be valued together if both are owned by the same person.
- Patron - Ruff
- F HB2742
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Income tax; tax credit for caregivers. Provides a $500 tax credit to taxpayers with Virginia adjusted gross incomes between $5,000 and $50,000 who provide unreimbursed care to a physically or mentally impaired relative who required assistance with two or more activities of daily living during more than half the year. The credit will be available for taxable years beginning on and after January 1, 2000, and only one credit shall be allowed annually for each impaired individual receiving care. This bill has been incorporated into HB 2193.
- Patron - Hall
- F SB723
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Distribution of lottery proceeds. Requires lottery proceeds to be distributed to counties, cities and towns constituting separate school districts starting with 25 percent in fiscal year 2000, and increasing by 25 percent each following year until all of the proceeds are distributed to eligible localities. This money shall be distributed among localities in the proportion that a locality's average daily membership bears to statewide ADM. Funds distributed to localities must be used for public education purposes in the form of capital projects or computer hardware or software.
- Patron - Williams
- F SB727
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Sales and use tax exemption extensions. Extends for five years the expiration date for four categories of nonprofit civic and community service organizations and one category of nonprofit cultural organizations. Organizations affected by the extensions include the Mount Vernon Ladies Association of the Union, United Community Ministries, Lorton Community Action Center, Pathway Homes, and Christian Relief Services of Virginia. The bill also includes some technical amendments. This bill was incorporated into SB 829.
- Patron - Gartlan
- F SB731
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Sales and use tax exemption extensions. Extends for five years the expiration date of a sales tax exemption for the category of nonprofit civic and community service organizations that includes the Robert E. Rose Memorial Foundation. This bill was incorporated into SB 829.
- Patron - Potts
- F SB743
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Use tax payable by contractors. Clarifies that the existing sales and use tax exemption for the Mount Vernon estate covers untaxed tangible personal property furnished to the organization for use under a contract. Generally, dealers are required to collect sales tax on materials sold to contractors, and the contractor is liable for use tax on the material if a sales tax was not collected by the dealer.
- Patron - Gartlan
- F SB758
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Sales and use tax exemption extensions. Extends for five years the expiration date of the sales tax exemption for the category of nonprofit civic and community service organizations that includes Vanguard Services Unlimited. There are also some technical amendments. This bill has been incorporated into SB 829.
- Patron - Whipple
- F SB761
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Exemptions from motor vehicle sales and use tax. Exempts purchases of vehicles from the motor vehicle sales and use tax if the purchaser was leasing the vehicle and paid the tax on the vehicle when he leased it. The lessee may be required to present an original copy of the lease to the Department of Motor Vehicles.
- Patron - Mims
- F SB793
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Sales and use tax exemption extensions. Extends for five years the expiration date of a sales tax exemption for the category of nonprofit civic and community service organizations that includes "friends of the library" organizations. This bill has been incorporated into SB 829.
- Patron - Hawkins
- F SB796
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Property tax exemption; Big Brothers Big Sisters of Greater Williamsburg, Virginia. Exempts personal property of Big Brothers Big Sisters of Greater Williamsburg, Virginia located in York County from taxation.
- Patron - Norment
- F SB797
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Sales and use tax exemption extensions. Extends for five years the expiration date of a sales tax exemption for the category of cultural organizations that includes ShenanArts, Inc. This bill has been incorporated into SB 829.
- Patron - Hanger
- F SB803
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Income tax; subtraction for first $15,000 of military basic pay. For taxable years beginning on or after January 1, 2000, allows a subtraction of $15,000 from income tax for military basic pay with such amount being reduced dollar-for-dollar when the taxpayer's military basic pay exceeds $15,000, and with no subtraction allowed if such basic pay equals or exceeds $30,000. The second enactment provides that for purposes of the computations required under the Personal Property Tax Relief Act of 1998, the estimated decrease in revenue attributable to the provisions of this Act shall be considered as receipts or amounts actually collected. This bill has been incorporated into SB 1160.
- Patron - Schrock
- F SB824
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Corrections to local tax assessments. Requires the treasurer, upon becoming aware that a tax is improper or based on obvious error, to apply to court for relief of the taxpayer. Currently, only the commissioner of revenue has the same obligation.
- Patron - Whipple
- F SB828
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Distribution of recordation tax to cities and counties. Increases the amount of annual distributions of recordation tax to cities and counties from $40 million to $70 million.
- Patron - Houck
- F SB834
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Earned income tax credit. Provides a refundable credit against state income tax liability to individuals whose Virginia taxable income does not exceed $19,000. The amount of the credit is a percentage of the federal earned income tax credit, with the percentage ranging from 10 percent of the federal credit amount for individuals whose Virginia taxable income is $11,000 or less to 2 percent of the federal credit amount for individuals whose Virginia taxable income is between $18,000 and $19,000.
- Patron - Gartlan
- F SB858
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Sales and use tax exemption extension. Extends for five years the expiration date of a sales tax exemption for the category of medical-related organizations that includes LifeNet. This bill has been incorporated into SB 829
- Patron - Walker
- F SB863
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Tax credits for Virginia natural gas. Provides a tax credit of 16.75 per thousand cubic feet of Virginia natural gas purchased beginning January 1, 2000. Entity selling the gas must certify that gas is Virginia natural gas.
- Patron - Watkins
- F SB866
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Income tax credits for educational expenses and contributions. Establishes nonrefundable income tax credits for tuition and other instructional fees charged by a public or private school and for certain fees and costs incurred in association with home schooling. The maximum amount of the credit is 80 percent of the qualifying expenses incurred per child, or 100 percent if the taxpayer is a member of a household whose adjusted gross income does not exceed 185 percent of the federal poverty guideline amount. To qualify for the credit, the student for whom the expenses were incurred must be eligible to be enrolled in a public school free of charge, qualify to be claimed as a dependent on the taxpayer's federal tax return, and must not attend a free public school during the period that the expenses were incurred. The maximum amount of the credit for taxable year 2000 is 10 percent of the average per-pupil public expenditure for fiscal year 1999. In subsequent years, the percentage increases by 10 percent per year until taxable year 2004, when the maximum allowable credit is capped at the greater of 50 percent of the average per-pupil public expenditure for the preceding fiscal year or $2,500. The legislation also provides an income tax credit for cash donations to a charitable, Virginia-chartered tax exempt corporation that (i) provides financial assistance for the education of children from households whose adjusted gross income does not exceed 185 percent of the federal poverty guideline amount and (ii) expends all of certain cash contributions as grants to cover qualifying educational expenses of such children. The maximum amount of the credit starts at $50 per taxpayer for taxable year 2000, and increases in $50 annual increments thereafter until reaching $200 in 2003. Such contributions cannot be designated for the direct benefit of a child or dependent of the taxpayer or his immediate family. Taxpayers cannot claim both types of credits in the same year. Both types of tax credits become effective for taxable years beginning on or after January 1, 2000. The Department of Taxation is required to promulgate regulations to implement these credits, including providing the format for a standardized receipt to be issued by school tuition organizations and qualifying schools.
- Patron - Martin
- F SB934
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Collection of delinquent taxes. Clarifies that localities may impose on delinquent taxpayers either (i) a fee to cover administrative costs of collection if collection is performed by the treasurer or his deputy or (ii) reasonable fees of an attorney or collection agency. Currently, localities are authorized to impose both types of fees.
- Patron - Schrock
- F SB936
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Income tax; subtraction for first $15,000 of military basic pay. For taxable years beginning on or after January 1, 2000, allows a subtraction of $15,000 from income tax for military basic pay with such amount being reduced dollar-for-dollar when the taxpayer's military basic pay exceeds $15,000 and no subtraction allowed if such basic pay equals or exceeds $30,000. This bill has been incorporated into SB 1160.
- Patron - Marsh
- F SB987
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Historic courthouse preservation zone tax credits. Establishes a tax credit for business firms conducting qualifying business activities within historic courthouse preservation zones. A locality may designate area within 1,000 feet of a circuit courthouse that was built prior to 1900 as a "historic courthouse preservation zone." A business firm within a zone is eligible for the tax credit if the local government certifies that the business is located in a structure that is compatible with standards of the local preservation ordinance. The annual tax credit for any qualifying commercial use is the lesser of $20,000 or one third of its state tax liability. The tax credits are nonrefundable, but unused credits may be carried forward for up to 10 years. The credits are available for taxable years beginning on or after January 1, 2000, but before January 1, 2005.
- Patron - Quayle
- F SB1009
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Corrections of local tax assessments. Allows taxpayers to introduce appraisals presented in accordance with nationally recognized standards on the issue of value. The standard for a taxpayer to establish that property is assessed at more than its fair market value is whether his position is supported by a preponderance of the evidence. Taxpayers will not be required to show manifest error or disregard by the assessor of controlling evidence.
- Patron - Howell
- F SB1034
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Individual income tax. Requires that the standard deduction, personal exemption, and tax rate bracket threshold amounts be indexed to reflect changes in the Consumer Price Index. The indexing will apply to taxable years beginning on and after January 1, 2000.
- Patron - Couric
- F SB1046
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Classifications of tangible personal property. Establishes a separate classification of tangible personal property consisting of an automobile owned and regularly used by the surviving spouse of a person who died while serving in the armed forces during World War II, the Korean War, the Vietnam War, or Operation Desert Shield-Desert Storm.
- Patron - Forbes
- F SB1051
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Lottery proceeds for local school divisions. Provides that lottery proceeds will be distributed to local school districts to support education. These amounts shall be apportioned and distributed among the localities of the Commonwealth based on average daily membership adjusted for the composite index. The lottery proceeds shall not be used to offset a localities existing financial responsibility to education. This bill was incorporated into SB 1125.
- Patron - Newman
- F SB1079
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Distribution of recordation tax to cities and counties. Increases the amount of annual distributions of recordation tax to cities and counties from $40 million to $70 million.
- Patron - Barry
- F SB1096
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U.S. Route 58 Corridor Development Program and Fund. Increases the annual amount of state recordation tax revenues dedicated by statute to the U.S. Route 58 Corridor Development Fund from $40 million to $75 million.
- Patron - Reynolds
- F SB1101
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Food and beverage tax. Adds Floyd County, identified by population brackets, to the list of counties that are authorized to adopt a food and beverage tax without the tax being first approved in a referendum.
- Patron - Reynolds
- F SB1132
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Tax credits for Virginia natural gas. Provides a tax credit of 16.75 per thousand cubic feet of Virginia natural gas purchased beginning January 1, 2000. The entity selling the gas must certify that the gas is Virginia natural gas. The tax credit is nonrefundable.
- Patron - Watkins
- F SB1195
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Sales and use tax; reduced rate on food purchased for human consumption; Food Tax Reduction Program. Reduces the state sales and use tax rate on food purchased for human consumption one-half percent each year for four years beginning July 1, 2000, for a total reduction of two percent. On and after July 1, 2003, the state sales and use tax rate on such food will be one and one-half percent. The local option one percent rate will not be affected by this legislation. The gradual rate reduction will not occur in any year when the actual general fund revenues for the second fiscal year preceding a fiscal year in which a rate reduction is planned do not exceed the official general fund revenue estimates for such second fiscal year, as estimated in the most recently enacted and approved general appropriation act, by at least one percent or if any of the circuit breakers in the Personal Property Tax Relief Act of 1998 occur. For purposes of the computations required under the Personal Property Tax Relief Act of 1998, the decrease in revenues attributable to the Food Tax Reduction Program shall be considered as amounts actually collected. Finally, A Food Tax Reserve Fund is created on the books of the Comptroller to be used for purposes of the Food Tax Reduction Program.
- Patron - Trumbo
- F SB1197
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Payment of lottery prizes. Prohibits the Lottery Board from changing the amount or timing of scheduled payments of any lottery prize payable over a number of years.
- Patron - Trumbo
- F SB1212
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Income tax credit for tolls. Allows an individual income tax credit for amounts paid for use of any highway in the Commonwealth. The credit applies only to tokens and electronic toll collection payments, as evidenced by receipts.
- Patron - Martin
- F SB1225
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Distribution of lottery proceeds. Requires that all lottery revenues transferred to the general fund, which are required to be appropriated for the purpose of public education to localities, shall be apportioned and distributed on a pro rata basis according to each school division's average daily membership and the locality's composite index of ability to pay. The amount of each school division's distribution shall be matched by funds of the school division based on the locality's composite index of ability to pay. Localities are required to inform the Superintendent of Public Instruction how they intend to use their share of the revenue for public education purposes and to certify that the funds shall be used for such purpose. An enactment clause provides that a portion of the lottery proceeds will be distributed to localities to hold them harmless from any reductions from this formula compared to the formula set forth in the budget bills as introduced.
- Patron - Chichester
- F SB1236
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Fuel tax; prohibited acts. Directs the Department of Motor Vehicles to study the circumstances under which the delivery of fuel from a tank truck to the fuel tank of a highway vehicle should be permitted.
- Patron - Williams
- F SB1296
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Income tax; standard deduction and personal exemption amounts. Increases the standard deduction amount for single individuals from $3,000 to $3,500, and increases the personal exemption amount from $800 to $1,500 for each personal exemption allowed to the taxpayer, beginning January 1, 2000.
- Patron - Hanger
- F SB1314
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Industrial development authorities; purchasing property for others. Authorizes industrial development authorities to acquire, using their existing sales tax exemption, construction materials and other personal property on behalf of any person for whom the authority is building, improving, maintaining, constructing, equipping, or furnishing authority facilities, and to convey or deliver the property to the facility user free from sales tax.
- Patron - Potts
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