State Codes and Statutes

Statutes > Virginia > Title-58-1 > Chapter-26 > 58-1-2600

§ 58.1-2600. Definitions.

A. As used in this chapter:

"Certificated motor vehicle carrier" means a common carrier by motorvehicle, as defined in § 46.2-2000, operating over regular routes under acertificate of public convenience and necessity issued by the Commission orissued on or after July 1, 1995, by the Department of Motor Vehicles. Atransit company or bus company that is owned or operated directly orindirectly by a political subdivision of this Commonwealth shall not bedeemed a "certificated motor vehicle carrier" for the purposes of thischapter and shall not be subject to the imposition of the tax imposed in §58.1-2652, nor shall such transit company or bus company thereby be subjectto the imposition of local property levies. A common carrier of property bymotor vehicle shall not be deemed a "certificated motor vehicle carrier"for the purposes of this chapter and shall not be subject to the impositionof the tax imposed in § 58.1-2652, but shall be subject to the imposition oflocal property taxes.

"Cogenerator" means a qualifying cogenerator or qualifying small powerproducer within the meaning of regulations adopted by the Federal EnergyRegulatory Commission in implementation of the Public Utility RegulatoryPolicies Act of 1978 (P.L. 95-617).

"Commission" means the State Corporation Commission which is herebydesignated pursuant to Article X, Section 2 of the Constitution of Virginiaas the central state agency responsible for the assessment of the real andpersonal property of all public service corporations, except those publicservice corporations for which the Department of Taxation is so designated,upon which the Commonwealth levies a license tax measured by the grossreceipts of such corporations. The State Corporation Commission shall alsoassess the property of each telephone or telegraph company, every publicservice corporation in the Commonwealth in the business of furnishing heat,light and power by means of electricity, and each electric supplier, asprovided by this chapter.

"Department" means the Department of Taxation which is hereby designatedpursuant to Article X, Section 2 of the Constitution of Virginia as thecentral state agency to assess the real and personal property of railroadsand pipeline transmission companies as defined herein.

"Electric supplier" means any person owning or operating facilities for thegeneration, transmission or distribution of electricity for sales, except anyperson owning or operating facilities with a designed generation capacity oftwenty-five megawatts or less.

"Estimated tax" means the amount of tax which a taxpayer estimates as beingimposed by Article 2 (§ 58.1-2620 et seq.) of this chapter for the tax yearas measured by the gross receipts received in the taxable year.

"Freight car company" includes every car trust, mercantile or other companyor person not domiciled in this Commonwealth owning stock cars, furniturecars, fruit cars, tank cars or other similar cars. Such term shall notinclude a company operating a line as a railroad.

"Gross receipts" means the total of all revenue derived in theCommonwealth, including but not limited to income from the provision orperformance of a service or the performance of incidental operations notnecessarily associated with the particular service performed, withoutdeductions for expenses or other adjustments. Such term shall not, however,include interest, dividends, investment income or receipts from the sale ofreal property or other assets except inventory of goods held for sale orresale.

"Pipeline distribution company" means a corporation, other than a pipelinetransmission company, which transmits, by means of a pipeline, natural gas,manufactured gas or crude petroleum and the products or by-products thereofto a purchaser for purposes of furnishing heat or light.

"Pipeline transmission company" means a corporation authorized to transmitnatural gas, manufactured gas or crude petroleum and the products orby-products thereof in the public service by means of a pipeline or pipelinesfrom one point to another when such gas or petroleum is not for sale to anultimate consumer for purposes of furnishing heat or light.

"Tax Commissioner" means the chief executive officer of the Department ofTaxation or his designee.

"Tax year" means the twelve-month period beginning on January 1 and endingon December 31 of the same calendar year, such year also being the taxassessment year or the year in which the tax levied under this chapter shallbe paid.

"Taxable year" means the calendar year preceding the tax year, upon whichthe gross receipts are computed as a basis for the payment of the tax leviedpursuant to this chapter.

"Telegraph company" means a corporation or person operating the apparatusnecessary to communicate by telegraph.

"Telephone company" means a person holding a certificate of convenience andnecessity granted by the State Corporation Commission authorizing telephoneservice; or a person authorized by the Federal Communications Commission toprovide commercial mobile service as defined in § 332(d) (1) of theCommunications Act of 1934, as amended, where such service includes cellularmobile radio communications services or broadband personal communicationsservices; or a person holding a certificate issued pursuant to § 214 of theCommunications Act of 1934, as amended, authorizing domestic telephoneservice and belonging to an affiliated group including a person holding acertificate of convenience and necessity granted by the State CorporationCommission authorizing telephone service. The term "affiliated group" hasthe meaning given in § 58.1-3700.1.

B. For purposes of this chapter the terms "license tax" and "franchisetax" shall be synonymous.

(Code 1950, §§ 58-503, 58-503.1, 58-503.2, 58-508, 58-514.3, 58-514.4,58-556, 58-626.1, 58-627; 1950, p. 660; 1954, c. 341; 1956, cc. 69, 475;1968, c. 15; 1970, c. 32; 1971, Ex. Sess., c. 45; 1974, c. 397; 1978, c. 62;1979, c. 153; 1980, c. 649; 1982, c. 671; 1983, c. 570; 1984, c. 675; 1988,cc. 730, 899; 1995, c. 507; 1996, c. 381; 1998, c. 897; 1999, c. 971; 2002,cc. 443, 444.)

State Codes and Statutes

Statutes > Virginia > Title-58-1 > Chapter-26 > 58-1-2600

§ 58.1-2600. Definitions.

A. As used in this chapter:

"Certificated motor vehicle carrier" means a common carrier by motorvehicle, as defined in § 46.2-2000, operating over regular routes under acertificate of public convenience and necessity issued by the Commission orissued on or after July 1, 1995, by the Department of Motor Vehicles. Atransit company or bus company that is owned or operated directly orindirectly by a political subdivision of this Commonwealth shall not bedeemed a "certificated motor vehicle carrier" for the purposes of thischapter and shall not be subject to the imposition of the tax imposed in §58.1-2652, nor shall such transit company or bus company thereby be subjectto the imposition of local property levies. A common carrier of property bymotor vehicle shall not be deemed a "certificated motor vehicle carrier"for the purposes of this chapter and shall not be subject to the impositionof the tax imposed in § 58.1-2652, but shall be subject to the imposition oflocal property taxes.

"Cogenerator" means a qualifying cogenerator or qualifying small powerproducer within the meaning of regulations adopted by the Federal EnergyRegulatory Commission in implementation of the Public Utility RegulatoryPolicies Act of 1978 (P.L. 95-617).

"Commission" means the State Corporation Commission which is herebydesignated pursuant to Article X, Section 2 of the Constitution of Virginiaas the central state agency responsible for the assessment of the real andpersonal property of all public service corporations, except those publicservice corporations for which the Department of Taxation is so designated,upon which the Commonwealth levies a license tax measured by the grossreceipts of such corporations. The State Corporation Commission shall alsoassess the property of each telephone or telegraph company, every publicservice corporation in the Commonwealth in the business of furnishing heat,light and power by means of electricity, and each electric supplier, asprovided by this chapter.

"Department" means the Department of Taxation which is hereby designatedpursuant to Article X, Section 2 of the Constitution of Virginia as thecentral state agency to assess the real and personal property of railroadsand pipeline transmission companies as defined herein.

"Electric supplier" means any person owning or operating facilities for thegeneration, transmission or distribution of electricity for sales, except anyperson owning or operating facilities with a designed generation capacity oftwenty-five megawatts or less.

"Estimated tax" means the amount of tax which a taxpayer estimates as beingimposed by Article 2 (§ 58.1-2620 et seq.) of this chapter for the tax yearas measured by the gross receipts received in the taxable year.

"Freight car company" includes every car trust, mercantile or other companyor person not domiciled in this Commonwealth owning stock cars, furniturecars, fruit cars, tank cars or other similar cars. Such term shall notinclude a company operating a line as a railroad.

"Gross receipts" means the total of all revenue derived in theCommonwealth, including but not limited to income from the provision orperformance of a service or the performance of incidental operations notnecessarily associated with the particular service performed, withoutdeductions for expenses or other adjustments. Such term shall not, however,include interest, dividends, investment income or receipts from the sale ofreal property or other assets except inventory of goods held for sale orresale.

"Pipeline distribution company" means a corporation, other than a pipelinetransmission company, which transmits, by means of a pipeline, natural gas,manufactured gas or crude petroleum and the products or by-products thereofto a purchaser for purposes of furnishing heat or light.

"Pipeline transmission company" means a corporation authorized to transmitnatural gas, manufactured gas or crude petroleum and the products orby-products thereof in the public service by means of a pipeline or pipelinesfrom one point to another when such gas or petroleum is not for sale to anultimate consumer for purposes of furnishing heat or light.

"Tax Commissioner" means the chief executive officer of the Department ofTaxation or his designee.

"Tax year" means the twelve-month period beginning on January 1 and endingon December 31 of the same calendar year, such year also being the taxassessment year or the year in which the tax levied under this chapter shallbe paid.

"Taxable year" means the calendar year preceding the tax year, upon whichthe gross receipts are computed as a basis for the payment of the tax leviedpursuant to this chapter.

"Telegraph company" means a corporation or person operating the apparatusnecessary to communicate by telegraph.

"Telephone company" means a person holding a certificate of convenience andnecessity granted by the State Corporation Commission authorizing telephoneservice; or a person authorized by the Federal Communications Commission toprovide commercial mobile service as defined in § 332(d) (1) of theCommunications Act of 1934, as amended, where such service includes cellularmobile radio communications services or broadband personal communicationsservices; or a person holding a certificate issued pursuant to § 214 of theCommunications Act of 1934, as amended, authorizing domestic telephoneservice and belonging to an affiliated group including a person holding acertificate of convenience and necessity granted by the State CorporationCommission authorizing telephone service. The term "affiliated group" hasthe meaning given in § 58.1-3700.1.

B. For purposes of this chapter the terms "license tax" and "franchisetax" shall be synonymous.

(Code 1950, §§ 58-503, 58-503.1, 58-503.2, 58-508, 58-514.3, 58-514.4,58-556, 58-626.1, 58-627; 1950, p. 660; 1954, c. 341; 1956, cc. 69, 475;1968, c. 15; 1970, c. 32; 1971, Ex. Sess., c. 45; 1974, c. 397; 1978, c. 62;1979, c. 153; 1980, c. 649; 1982, c. 671; 1983, c. 570; 1984, c. 675; 1988,cc. 730, 899; 1995, c. 507; 1996, c. 381; 1998, c. 897; 1999, c. 971; 2002,cc. 443, 444.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-58-1 > Chapter-26 > 58-1-2600

§ 58.1-2600. Definitions.

A. As used in this chapter:

"Certificated motor vehicle carrier" means a common carrier by motorvehicle, as defined in § 46.2-2000, operating over regular routes under acertificate of public convenience and necessity issued by the Commission orissued on or after July 1, 1995, by the Department of Motor Vehicles. Atransit company or bus company that is owned or operated directly orindirectly by a political subdivision of this Commonwealth shall not bedeemed a "certificated motor vehicle carrier" for the purposes of thischapter and shall not be subject to the imposition of the tax imposed in §58.1-2652, nor shall such transit company or bus company thereby be subjectto the imposition of local property levies. A common carrier of property bymotor vehicle shall not be deemed a "certificated motor vehicle carrier"for the purposes of this chapter and shall not be subject to the impositionof the tax imposed in § 58.1-2652, but shall be subject to the imposition oflocal property taxes.

"Cogenerator" means a qualifying cogenerator or qualifying small powerproducer within the meaning of regulations adopted by the Federal EnergyRegulatory Commission in implementation of the Public Utility RegulatoryPolicies Act of 1978 (P.L. 95-617).

"Commission" means the State Corporation Commission which is herebydesignated pursuant to Article X, Section 2 of the Constitution of Virginiaas the central state agency responsible for the assessment of the real andpersonal property of all public service corporations, except those publicservice corporations for which the Department of Taxation is so designated,upon which the Commonwealth levies a license tax measured by the grossreceipts of such corporations. The State Corporation Commission shall alsoassess the property of each telephone or telegraph company, every publicservice corporation in the Commonwealth in the business of furnishing heat,light and power by means of electricity, and each electric supplier, asprovided by this chapter.

"Department" means the Department of Taxation which is hereby designatedpursuant to Article X, Section 2 of the Constitution of Virginia as thecentral state agency to assess the real and personal property of railroadsand pipeline transmission companies as defined herein.

"Electric supplier" means any person owning or operating facilities for thegeneration, transmission or distribution of electricity for sales, except anyperson owning or operating facilities with a designed generation capacity oftwenty-five megawatts or less.

"Estimated tax" means the amount of tax which a taxpayer estimates as beingimposed by Article 2 (§ 58.1-2620 et seq.) of this chapter for the tax yearas measured by the gross receipts received in the taxable year.

"Freight car company" includes every car trust, mercantile or other companyor person not domiciled in this Commonwealth owning stock cars, furniturecars, fruit cars, tank cars or other similar cars. Such term shall notinclude a company operating a line as a railroad.

"Gross receipts" means the total of all revenue derived in theCommonwealth, including but not limited to income from the provision orperformance of a service or the performance of incidental operations notnecessarily associated with the particular service performed, withoutdeductions for expenses or other adjustments. Such term shall not, however,include interest, dividends, investment income or receipts from the sale ofreal property or other assets except inventory of goods held for sale orresale.

"Pipeline distribution company" means a corporation, other than a pipelinetransmission company, which transmits, by means of a pipeline, natural gas,manufactured gas or crude petroleum and the products or by-products thereofto a purchaser for purposes of furnishing heat or light.

"Pipeline transmission company" means a corporation authorized to transmitnatural gas, manufactured gas or crude petroleum and the products orby-products thereof in the public service by means of a pipeline or pipelinesfrom one point to another when such gas or petroleum is not for sale to anultimate consumer for purposes of furnishing heat or light.

"Tax Commissioner" means the chief executive officer of the Department ofTaxation or his designee.

"Tax year" means the twelve-month period beginning on January 1 and endingon December 31 of the same calendar year, such year also being the taxassessment year or the year in which the tax levied under this chapter shallbe paid.

"Taxable year" means the calendar year preceding the tax year, upon whichthe gross receipts are computed as a basis for the payment of the tax leviedpursuant to this chapter.

"Telegraph company" means a corporation or person operating the apparatusnecessary to communicate by telegraph.

"Telephone company" means a person holding a certificate of convenience andnecessity granted by the State Corporation Commission authorizing telephoneservice; or a person authorized by the Federal Communications Commission toprovide commercial mobile service as defined in § 332(d) (1) of theCommunications Act of 1934, as amended, where such service includes cellularmobile radio communications services or broadband personal communicationsservices; or a person holding a certificate issued pursuant to § 214 of theCommunications Act of 1934, as amended, authorizing domestic telephoneservice and belonging to an affiliated group including a person holding acertificate of convenience and necessity granted by the State CorporationCommission authorizing telephone service. The term "affiliated group" hasthe meaning given in § 58.1-3700.1.

B. For purposes of this chapter the terms "license tax" and "franchisetax" shall be synonymous.

(Code 1950, §§ 58-503, 58-503.1, 58-503.2, 58-508, 58-514.3, 58-514.4,58-556, 58-626.1, 58-627; 1950, p. 660; 1954, c. 341; 1956, cc. 69, 475;1968, c. 15; 1970, c. 32; 1971, Ex. Sess., c. 45; 1974, c. 397; 1978, c. 62;1979, c. 153; 1980, c. 649; 1982, c. 671; 1983, c. 570; 1984, c. 675; 1988,cc. 730, 899; 1995, c. 507; 1996, c. 381; 1998, c. 897; 1999, c. 971; 2002,cc. 443, 444.)