§ 4.1-235. Collection; computation, distribution of tax on wine and otheralcoholic beverages; refunds and adjustments.
A. The Board shall collect the state taxes levied pursuant to § 4.1-234 asfollows:
1. Collection shall be from the purchaser at the time of or prior to sale,except as to sales made to wholesale wine licensees. Wholesale wine licenseesshall collect the taxes at the time of or prior to sale to retail licensees,and shall remit such taxes monthly to the Board, along with such reports asmay be required by the Board, at the time and in the manner prescribed by theBoard.
2. In establishing the prices for items sold by it to persons other thanwholesale licensees, the Board shall include a reasonable markup. The litertax or 20 percent tax, as appropriate, shall then be added to the price ofeach container of alcoholic beverages. The four percent tax on vermouth andfarm winery wines shall then be added for those products. In all cases thefinal price for each container may be established so as to be a multiple offive.
In accounting for the state tax on sales the Board shall divide the net salesfor the quarter by 1.20 and multiply the result by 20 percent. As to the saleof vermouth and farm winery wine, the Board shall divide the net sales forthe quarter by 1.04 and multiply the result by four percent.
B. The amount of tax collected under this section during each quarter shall,within 50 days after the close of such quarter, be certified to theComptroller by the Board and shall be transferred by him from the specialfund described in § 4.1-116 to the general fund of the state treasury. TheBoard shall, not later than June 20 of every year, estimate the yield of thestate tax on sales imposed by § 4.1-234 for the quarter ending June 30 andcertify the amount of such estimate to the Comptroller, whereupon theComptroller shall, before the end of the month, transfer the amount of suchestimate from the special fund described in § 4.1-116 to the general fund ofthe state treasury, subject to such adjustment on account of an overestimateor underestimate as may be indicated within 50 days after the close of thequarter ending on June 30.
Forty-four percent of the amount derived from the liter tax levied pursuantto § 4.1-234 shall be transferred to the general fund and paid to the severalcounties, cities, and towns of the Commonwealth in proportion to theirrespective populations, and is appropriated for such purpose.
The counties, cities, and towns shall in no event receive from the taxesderived from the sale of wines less revenue than was received by suchcounties, cities, and towns for the year ending June 30, 1976.
The portion of wine liter tax collected pursuant to § 4.1-234 that isattributable to the sale of wine produced by a farm winery shall be depositedin the Virginia Wine Promotion Fund established pursuant to § 3.2-3005.
Twelve percent of the amount derived from the liter tax levied shall beretained by the Board as operating revenue and distributed as provided in §4.1-117.
C. As used in this section, the term "net sales" means gross sales lessrefunds to customers.
D. The Board may make a refund or adjustment of any tax paid to it under thissection when (i) the wine upon which such tax has been paid has beencondemned and is not permitted to be sold in the Commonwealth, or (ii) wineis returned by a retail licensee to a wholesale wine licensee for refund inaccordance with Board regulations or approval. Any claim for such refund oradjustment shall be made to the Board in the report filed with the Board bythe wholesale wine licensee for the period in which such return and refundoccurs.
(1980, c. 624, § 4-22.1; 1981, c. 407; 1982, cc. 540, 556; 1984, c. 200;1985, cc. 222, 457; 1986, c. 130; 1993, c. 866; 2010, cc. 247, 362.)
§ 4.1-235. Collection; computation, distribution of tax on wine and otheralcoholic beverages; refunds and adjustments.
A. The Board shall collect the state taxes levied pursuant to § 4.1-234 asfollows:
1. Collection shall be from the purchaser at the time of or prior to sale,except as to sales made to wholesale wine licensees. Wholesale wine licenseesshall collect the taxes at the time of or prior to sale to retail licensees,and shall remit such taxes monthly to the Board, along with such reports asmay be required by the Board, at the time and in the manner prescribed by theBoard.
2. In establishing the prices for items sold by it to persons other thanwholesale licensees, the Board shall include a reasonable markup. The litertax or 20 percent tax, as appropriate, shall then be added to the price ofeach container of alcoholic beverages. The four percent tax on vermouth andfarm winery wines shall then be added for those products. In all cases thefinal price for each container may be established so as to be a multiple offive.
In accounting for the state tax on sales the Board shall divide the net salesfor the quarter by 1.20 and multiply the result by 20 percent. As to the saleof vermouth and farm winery wine, the Board shall divide the net sales forthe quarter by 1.04 and multiply the result by four percent.
B. The amount of tax collected under this section during each quarter shall,within 50 days after the close of such quarter, be certified to theComptroller by the Board and shall be transferred by him from the specialfund described in § 4.1-116 to the general fund of the state treasury. TheBoard shall, not later than June 20 of every year, estimate the yield of thestate tax on sales imposed by § 4.1-234 for the quarter ending June 30 andcertify the amount of such estimate to the Comptroller, whereupon theComptroller shall, before the end of the month, transfer the amount of suchestimate from the special fund described in § 4.1-116 to the general fund ofthe state treasury, subject to such adjustment on account of an overestimateor underestimate as may be indicated within 50 days after the close of thequarter ending on June 30.
Forty-four percent of the amount derived from the liter tax levied pursuantto § 4.1-234 shall be transferred to the general fund and paid to the severalcounties, cities, and towns of the Commonwealth in proportion to theirrespective populations, and is appropriated for such purpose.
The counties, cities, and towns shall in no event receive from the taxesderived from the sale of wines less revenue than was received by suchcounties, cities, and towns for the year ending June 30, 1976.
The portion of wine liter tax collected pursuant to § 4.1-234 that isattributable to the sale of wine produced by a farm winery shall be depositedin the Virginia Wine Promotion Fund established pursuant to § 3.2-3005.
Twelve percent of the amount derived from the liter tax levied shall beretained by the Board as operating revenue and distributed as provided in §4.1-117.
C. As used in this section, the term "net sales" means gross sales lessrefunds to customers.
D. The Board may make a refund or adjustment of any tax paid to it under thissection when (i) the wine upon which such tax has been paid has beencondemned and is not permitted to be sold in the Commonwealth, or (ii) wineis returned by a retail licensee to a wholesale wine licensee for refund inaccordance with Board regulations or approval. Any claim for such refund oradjustment shall be made to the Board in the report filed with the Board bythe wholesale wine licensee for the period in which such return and refundoccurs.
(1980, c. 624, § 4-22.1; 1981, c. 407; 1982, cc. 540, 556; 1984, c. 200;1985, cc. 222, 457; 1986, c. 130; 1993, c. 866; 2010, cc. 247, 362.)
§ 4.1-235. Collection; computation, distribution of tax on wine and otheralcoholic beverages; refunds and adjustments.
A. The Board shall collect the state taxes levied pursuant to § 4.1-234 asfollows:
1. Collection shall be from the purchaser at the time of or prior to sale,except as to sales made to wholesale wine licensees. Wholesale wine licenseesshall collect the taxes at the time of or prior to sale to retail licensees,and shall remit such taxes monthly to the Board, along with such reports asmay be required by the Board, at the time and in the manner prescribed by theBoard.
2. In establishing the prices for items sold by it to persons other thanwholesale licensees, the Board shall include a reasonable markup. The litertax or 20 percent tax, as appropriate, shall then be added to the price ofeach container of alcoholic beverages. The four percent tax on vermouth andfarm winery wines shall then be added for those products. In all cases thefinal price for each container may be established so as to be a multiple offive.
In accounting for the state tax on sales the Board shall divide the net salesfor the quarter by 1.20 and multiply the result by 20 percent. As to the saleof vermouth and farm winery wine, the Board shall divide the net sales forthe quarter by 1.04 and multiply the result by four percent.
B. The amount of tax collected under this section during each quarter shall,within 50 days after the close of such quarter, be certified to theComptroller by the Board and shall be transferred by him from the specialfund described in § 4.1-116 to the general fund of the state treasury. TheBoard shall, not later than June 20 of every year, estimate the yield of thestate tax on sales imposed by § 4.1-234 for the quarter ending June 30 andcertify the amount of such estimate to the Comptroller, whereupon theComptroller shall, before the end of the month, transfer the amount of suchestimate from the special fund described in § 4.1-116 to the general fund ofthe state treasury, subject to such adjustment on account of an overestimateor underestimate as may be indicated within 50 days after the close of thequarter ending on June 30.
Forty-four percent of the amount derived from the liter tax levied pursuantto § 4.1-234 shall be transferred to the general fund and paid to the severalcounties, cities, and towns of the Commonwealth in proportion to theirrespective populations, and is appropriated for such purpose.
The counties, cities, and towns shall in no event receive from the taxesderived from the sale of wines less revenue than was received by suchcounties, cities, and towns for the year ending June 30, 1976.
The portion of wine liter tax collected pursuant to § 4.1-234 that isattributable to the sale of wine produced by a farm winery shall be depositedin the Virginia Wine Promotion Fund established pursuant to § 3.2-3005.
Twelve percent of the amount derived from the liter tax levied shall beretained by the Board as operating revenue and distributed as provided in §4.1-117.
C. As used in this section, the term "net sales" means gross sales lessrefunds to customers.
D. The Board may make a refund or adjustment of any tax paid to it under thissection when (i) the wine upon which such tax has been paid has beencondemned and is not permitted to be sold in the Commonwealth, or (ii) wineis returned by a retail licensee to a wholesale wine licensee for refund inaccordance with Board regulations or approval. Any claim for such refund oradjustment shall be made to the Board in the report filed with the Board bythe wholesale wine licensee for the period in which such return and refundoccurs.
(1980, c. 624, § 4-22.1; 1981, c. 407; 1982, cc. 540, 556; 1984, c. 200;1985, cc. 222, 457; 1986, c. 130; 1993, c. 866; 2010, cc. 247, 362.)
