For the purposes of this chapter and any local ordinances adopted pursuant tothis chapter, unless otherwise required by the context:
"Affiliated group" means:
1. One or more chains of corporations subject to inclusion connected throughstock ownership with a common parent corporation which is a corporationsubject to inclusion if:
a. Stock possessing at least eighty percent of the voting power of allclasses of stock and at least eighty percent of each class of the nonvotingstock of each of the corporations subject to inclusion, except the commonparent corporation, is owned directly by one or more of the othercorporations subject to inclusion; and
b. The common parent corporation directly owns stock possessing at leasteighty percent of the voting power of all classes of stock and at leasteighty percent of each class of the nonvoting stock of at least one of theother subject to inclusion corporations. As used in this subdivision, theterm "stock" does not include nonvoting stock which is limited andpreferred as to dividends; the phrase "corporation subject to inclusion"means any corporation within the affiliated group irrespective of the stateor country of its incorporation; and the term "receipts" includes grossreceipts and gross income.
2. Two or more corporations if five or fewer persons who are individuals,estates or trusts own stock possessing:
a. At least eighty percent of the total combined voting power of all classesof stock entitled to vote or at least eighty percent of the total value ofshares of all classes of the stock of each corporation; and
b. More than fifty percent of the total combined voting power of all classesof stock entitled to vote or more than fifty percent of the total value ofshares of all classes of stock of each corporation, taking into account thestock ownership of each such person only to the extent such stock ownershipis identical with respect to each such corporation.
When one or more of the corporations subject to inclusion, including thecommon parent corporation, is a nonstock corporation, the term "stock" asused in this subdivision shall refer to the nonstock corporation membershipor membership voting rights, as is appropriate to the context.
3. Two or more entities if such entities satisfy the requirements insubdivision 1 or 2 of this definition as if they were corporations and theownership interests therein were stock.
"Assessment" means a determination as to the proper rate of tax, themeasure to which the tax rate is applied, and ultimately the amount of tax,including additional or omitted tax, that is due. An assessment shall includea written assessment made pursuant to notice by the assessing official or aself-assessment made by a taxpayer upon the filing of a return or otherwisenot pursuant to notice. Assessments shall be deemed made by an assessingofficial when a written notice of assessment is delivered to the taxpayer bythe assessing official or an employee of the assessing official, or mailed tothe taxpayer at his last known address. Self-assessments shall be deemed madewhen a return is filed, or if no return is required, when the tax is paid. Areturn filed or tax paid before the last day prescribed by ordinance for thefiling or payment thereof shall be deemed to be filed or paid on the last dayspecified for the filing of a return or the payment of tax, as the case maybe.
"Base year" means the calendar year preceding the license year, except forcontractors subject to the provisions of § 58.1-3715 or unless the localordinance provides for a different period for measuring the gross receipts ofa business, such as for beginning businesses or to allow an option to use thesame fiscal year as for federal income tax purposes.
"Business" means a course of dealing which requires the time, attention andlabor of the person so engaged for the purpose of earning a livelihood orprofit. It implies a continuous and regular course of dealing, rather than anirregular or isolated transaction. A person may be engaged in more than onebusiness. The following acts shall create a rebuttable presumption that aperson is engaged in a business: (i) advertising or otherwise holding oneselfout to the public as being engaged in a particular business or (ii) filingtax returns, schedules and documents that are required only of personsengaged in a trade or business.
"Definite place of business" means an office or a location at which occursa regular and continuous course of dealing for thirty consecutive days ormore. A definite place of business for a person engaged in business mayinclude a location leased or otherwise obtained from another person on atemporary or seasonal basis and real property leased to another. A person'sresidence shall be deemed to be a definite place of business if there is nodefinite place of business maintained elsewhere and the person is not subjectto licensure as a peddler or itinerant merchant.
"Entity" means a business organization, other than a sole proprietorship,that is a corporation, limited liability company, limited partnership, orlimited liability partnership duly organized under the laws of theCommonwealth or another state.
"Financial services" means the buying, selling, handling, managing,investing, and providing of advice regarding money, credit, securities, orother investments.
"Fuel sale" or "fuel sales" shall mean retail sales of alternative fuel,blended fuel, diesel fuel, gasohol, or gasoline, as such terms are defined in§ 58.1-2201.
"Gas retailer" means a person or entity engaged in business as a retaileroffering to sell at retail on a daily basis alternative fuel, blended fuel,diesel fuel, gasohol, or gasoline, as such terms are defined in § 58.1-2201.
"Gross receipts" means the whole, entire, total receipts, without deduction.
"Independent registered representative" means an independent contractorregistered with the United States Securities and Exchange Commission.
"License year" means the calendar year for which a license is issued forthe privilege of engaging in business.
"Professional services" means services performed by architects,attorneys-at-law, certified public accountants, dentists, engineers, landsurveyors, surgeons, veterinarians, and practitioners of the healing arts(the arts and sciences dealing with the prevention, diagnosis, treatment andcure or alleviation of human physical or mental ailments, conditions,diseases, pain or infirmities) and such occupations, and no others, as theDepartment of Taxation may list in the BPOL guidelines promulgated pursuantto § 58.1-3701. The Department shall identify and list each occupation orvocation in which a professed knowledge of some department of science orlearning, gained by a prolonged course of specialized instruction and study,is used in its practical application to the affairs of others, eitheradvising, guiding, or teaching them, and in serving their interests orwelfare in the practice of an art or science founded on it. The word"profession" implies attainments in professional knowledge as distinguishedfrom mere skill, and the application of knowledge to uses for others ratherthan for personal profit.
"Purchases" means all goods, wares and merchandise received for sale ateach definite place of business of a wholesale merchant. The term shall alsoinclude the cost of manufacture of all goods, wares and merchandisemanufactured by any wholesale merchant and sold or offered for sale. Awholesale merchant may elect to report the gross receipts from the sale ofmanufactured goods, wares and merchandise if it cannot determine the cost ofmanufacture or chooses not to disclose the cost of manufacture.
"Real estate services" means providing a service with respect to thepurchase, sale, lease, rental, or appraisal of real property.
"Security broker" means a "broker" as such term is defined under theSecurities Exchange Act of 1934 (15 U.S.C. § 78a et seq.), or any successorlaw to the Securities Exchange Act of 1934, who is registered with the UnitedStates Securities and Exchange Commission.
"Security dealer" means a "dealer" as such term is defined under theSecurities Exchange Act of 1934 (15 U.S.C. § 78a et seq.), or any successorlaw to the Securities Exchange Act of 1934, who is registered with the UnitedStates Securities and Exchange Commission.
(1996, cc. 715, 720; 2000, c. 557; 2006, c. 763; 2010, cc. 195, 283.)
For the purposes of this chapter and any local ordinances adopted pursuant tothis chapter, unless otherwise required by the context:
"Affiliated group" means:
1. One or more chains of corporations subject to inclusion connected throughstock ownership with a common parent corporation which is a corporationsubject to inclusion if:
a. Stock possessing at least eighty percent of the voting power of allclasses of stock and at least eighty percent of each class of the nonvotingstock of each of the corporations subject to inclusion, except the commonparent corporation, is owned directly by one or more of the othercorporations subject to inclusion; and
b. The common parent corporation directly owns stock possessing at leasteighty percent of the voting power of all classes of stock and at leasteighty percent of each class of the nonvoting stock of at least one of theother subject to inclusion corporations. As used in this subdivision, theterm "stock" does not include nonvoting stock which is limited andpreferred as to dividends; the phrase "corporation subject to inclusion"means any corporation within the affiliated group irrespective of the stateor country of its incorporation; and the term "receipts" includes grossreceipts and gross income.
2. Two or more corporations if five or fewer persons who are individuals,estates or trusts own stock possessing:
a. At least eighty percent of the total combined voting power of all classesof stock entitled to vote or at least eighty percent of the total value ofshares of all classes of the stock of each corporation; and
b. More than fifty percent of the total combined voting power of all classesof stock entitled to vote or more than fifty percent of the total value ofshares of all classes of stock of each corporation, taking into account thestock ownership of each such person only to the extent such stock ownershipis identical with respect to each such corporation.
When one or more of the corporations subject to inclusion, including thecommon parent corporation, is a nonstock corporation, the term "stock" asused in this subdivision shall refer to the nonstock corporation membershipor membership voting rights, as is appropriate to the context.
3. Two or more entities if such entities satisfy the requirements insubdivision 1 or 2 of this definition as if they were corporations and theownership interests therein were stock.
"Assessment" means a determination as to the proper rate of tax, themeasure to which the tax rate is applied, and ultimately the amount of tax,including additional or omitted tax, that is due. An assessment shall includea written assessment made pursuant to notice by the assessing official or aself-assessment made by a taxpayer upon the filing of a return or otherwisenot pursuant to notice. Assessments shall be deemed made by an assessingofficial when a written notice of assessment is delivered to the taxpayer bythe assessing official or an employee of the assessing official, or mailed tothe taxpayer at his last known address. Self-assessments shall be deemed madewhen a return is filed, or if no return is required, when the tax is paid. Areturn filed or tax paid before the last day prescribed by ordinance for thefiling or payment thereof shall be deemed to be filed or paid on the last dayspecified for the filing of a return or the payment of tax, as the case maybe.
"Base year" means the calendar year preceding the license year, except forcontractors subject to the provisions of § 58.1-3715 or unless the localordinance provides for a different period for measuring the gross receipts ofa business, such as for beginning businesses or to allow an option to use thesame fiscal year as for federal income tax purposes.
"Business" means a course of dealing which requires the time, attention andlabor of the person so engaged for the purpose of earning a livelihood orprofit. It implies a continuous and regular course of dealing, rather than anirregular or isolated transaction. A person may be engaged in more than onebusiness. The following acts shall create a rebuttable presumption that aperson is engaged in a business: (i) advertising or otherwise holding oneselfout to the public as being engaged in a particular business or (ii) filingtax returns, schedules and documents that are required only of personsengaged in a trade or business.
"Definite place of business" means an office or a location at which occursa regular and continuous course of dealing for thirty consecutive days ormore. A definite place of business for a person engaged in business mayinclude a location leased or otherwise obtained from another person on atemporary or seasonal basis and real property leased to another. A person'sresidence shall be deemed to be a definite place of business if there is nodefinite place of business maintained elsewhere and the person is not subjectto licensure as a peddler or itinerant merchant.
"Entity" means a business organization, other than a sole proprietorship,that is a corporation, limited liability company, limited partnership, orlimited liability partnership duly organized under the laws of theCommonwealth or another state.
"Financial services" means the buying, selling, handling, managing,investing, and providing of advice regarding money, credit, securities, orother investments.
"Fuel sale" or "fuel sales" shall mean retail sales of alternative fuel,blended fuel, diesel fuel, gasohol, or gasoline, as such terms are defined in§ 58.1-2201.
"Gas retailer" means a person or entity engaged in business as a retaileroffering to sell at retail on a daily basis alternative fuel, blended fuel,diesel fuel, gasohol, or gasoline, as such terms are defined in § 58.1-2201.
"Gross receipts" means the whole, entire, total receipts, without deduction.
"Independent registered representative" means an independent contractorregistered with the United States Securities and Exchange Commission.
"License year" means the calendar year for which a license is issued forthe privilege of engaging in business.
"Professional services" means services performed by architects,attorneys-at-law, certified public accountants, dentists, engineers, landsurveyors, surgeons, veterinarians, and practitioners of the healing arts(the arts and sciences dealing with the prevention, diagnosis, treatment andcure or alleviation of human physical or mental ailments, conditions,diseases, pain or infirmities) and such occupations, and no others, as theDepartment of Taxation may list in the BPOL guidelines promulgated pursuantto § 58.1-3701. The Department shall identify and list each occupation orvocation in which a professed knowledge of some department of science orlearning, gained by a prolonged course of specialized instruction and study,is used in its practical application to the affairs of others, eitheradvising, guiding, or teaching them, and in serving their interests orwelfare in the practice of an art or science founded on it. The word"profession" implies attainments in professional knowledge as distinguishedfrom mere skill, and the application of knowledge to uses for others ratherthan for personal profit.
"Purchases" means all goods, wares and merchandise received for sale ateach definite place of business of a wholesale merchant. The term shall alsoinclude the cost of manufacture of all goods, wares and merchandisemanufactured by any wholesale merchant and sold or offered for sale. Awholesale merchant may elect to report the gross receipts from the sale ofmanufactured goods, wares and merchandise if it cannot determine the cost ofmanufacture or chooses not to disclose the cost of manufacture.
"Real estate services" means providing a service with respect to thepurchase, sale, lease, rental, or appraisal of real property.
"Security broker" means a "broker" as such term is defined under theSecurities Exchange Act of 1934 (15 U.S.C. § 78a et seq.), or any successorlaw to the Securities Exchange Act of 1934, who is registered with the UnitedStates Securities and Exchange Commission.
"Security dealer" means a "dealer" as such term is defined under theSecurities Exchange Act of 1934 (15 U.S.C. § 78a et seq.), or any successorlaw to the Securities Exchange Act of 1934, who is registered with the UnitedStates Securities and Exchange Commission.
(1996, cc. 715, 720; 2000, c. 557; 2006, c. 763; 2010, cc. 195, 283.)
For the purposes of this chapter and any local ordinances adopted pursuant tothis chapter, unless otherwise required by the context:
"Affiliated group" means:
1. One or more chains of corporations subject to inclusion connected throughstock ownership with a common parent corporation which is a corporationsubject to inclusion if:
a. Stock possessing at least eighty percent of the voting power of allclasses of stock and at least eighty percent of each class of the nonvotingstock of each of the corporations subject to inclusion, except the commonparent corporation, is owned directly by one or more of the othercorporations subject to inclusion; and
b. The common parent corporation directly owns stock possessing at leasteighty percent of the voting power of all classes of stock and at leasteighty percent of each class of the nonvoting stock of at least one of theother subject to inclusion corporations. As used in this subdivision, theterm "stock" does not include nonvoting stock which is limited andpreferred as to dividends; the phrase "corporation subject to inclusion"means any corporation within the affiliated group irrespective of the stateor country of its incorporation; and the term "receipts" includes grossreceipts and gross income.
2. Two or more corporations if five or fewer persons who are individuals,estates or trusts own stock possessing:
a. At least eighty percent of the total combined voting power of all classesof stock entitled to vote or at least eighty percent of the total value ofshares of all classes of the stock of each corporation; and
b. More than fifty percent of the total combined voting power of all classesof stock entitled to vote or more than fifty percent of the total value ofshares of all classes of stock of each corporation, taking into account thestock ownership of each such person only to the extent such stock ownershipis identical with respect to each such corporation.
When one or more of the corporations subject to inclusion, including thecommon parent corporation, is a nonstock corporation, the term "stock" asused in this subdivision shall refer to the nonstock corporation membershipor membership voting rights, as is appropriate to the context.
3. Two or more entities if such entities satisfy the requirements insubdivision 1 or 2 of this definition as if they were corporations and theownership interests therein were stock.
"Assessment" means a determination as to the proper rate of tax, themeasure to which the tax rate is applied, and ultimately the amount of tax,including additional or omitted tax, that is due. An assessment shall includea written assessment made pursuant to notice by the assessing official or aself-assessment made by a taxpayer upon the filing of a return or otherwisenot pursuant to notice. Assessments shall be deemed made by an assessingofficial when a written notice of assessment is delivered to the taxpayer bythe assessing official or an employee of the assessing official, or mailed tothe taxpayer at his last known address. Self-assessments shall be deemed madewhen a return is filed, or if no return is required, when the tax is paid. Areturn filed or tax paid before the last day prescribed by ordinance for thefiling or payment thereof shall be deemed to be filed or paid on the last dayspecified for the filing of a return or the payment of tax, as the case maybe.
"Base year" means the calendar year preceding the license year, except forcontractors subject to the provisions of § 58.1-3715 or unless the localordinance provides for a different period for measuring the gross receipts ofa business, such as for beginning businesses or to allow an option to use thesame fiscal year as for federal income tax purposes.
"Business" means a course of dealing which requires the time, attention andlabor of the person so engaged for the purpose of earning a livelihood orprofit. It implies a continuous and regular course of dealing, rather than anirregular or isolated transaction. A person may be engaged in more than onebusiness. The following acts shall create a rebuttable presumption that aperson is engaged in a business: (i) advertising or otherwise holding oneselfout to the public as being engaged in a particular business or (ii) filingtax returns, schedules and documents that are required only of personsengaged in a trade or business.
"Definite place of business" means an office or a location at which occursa regular and continuous course of dealing for thirty consecutive days ormore. A definite place of business for a person engaged in business mayinclude a location leased or otherwise obtained from another person on atemporary or seasonal basis and real property leased to another. A person'sresidence shall be deemed to be a definite place of business if there is nodefinite place of business maintained elsewhere and the person is not subjectto licensure as a peddler or itinerant merchant.
"Entity" means a business organization, other than a sole proprietorship,that is a corporation, limited liability company, limited partnership, orlimited liability partnership duly organized under the laws of theCommonwealth or another state.
"Financial services" means the buying, selling, handling, managing,investing, and providing of advice regarding money, credit, securities, orother investments.
"Fuel sale" or "fuel sales" shall mean retail sales of alternative fuel,blended fuel, diesel fuel, gasohol, or gasoline, as such terms are defined in§ 58.1-2201.
"Gas retailer" means a person or entity engaged in business as a retaileroffering to sell at retail on a daily basis alternative fuel, blended fuel,diesel fuel, gasohol, or gasoline, as such terms are defined in § 58.1-2201.
"Gross receipts" means the whole, entire, total receipts, without deduction.
"Independent registered representative" means an independent contractorregistered with the United States Securities and Exchange Commission.
"License year" means the calendar year for which a license is issued forthe privilege of engaging in business.
"Professional services" means services performed by architects,attorneys-at-law, certified public accountants, dentists, engineers, landsurveyors, surgeons, veterinarians, and practitioners of the healing arts(the arts and sciences dealing with the prevention, diagnosis, treatment andcure or alleviation of human physical or mental ailments, conditions,diseases, pain or infirmities) and such occupations, and no others, as theDepartment of Taxation may list in the BPOL guidelines promulgated pursuantto § 58.1-3701. The Department shall identify and list each occupation orvocation in which a professed knowledge of some department of science orlearning, gained by a prolonged course of specialized instruction and study,is used in its practical application to the affairs of others, eitheradvising, guiding, or teaching them, and in serving their interests orwelfare in the practice of an art or science founded on it. The word"profession" implies attainments in professional knowledge as distinguishedfrom mere skill, and the application of knowledge to uses for others ratherthan for personal profit.
"Purchases" means all goods, wares and merchandise received for sale ateach definite place of business of a wholesale merchant. The term shall alsoinclude the cost of manufacture of all goods, wares and merchandisemanufactured by any wholesale merchant and sold or offered for sale. Awholesale merchant may elect to report the gross receipts from the sale ofmanufactured goods, wares and merchandise if it cannot determine the cost ofmanufacture or chooses not to disclose the cost of manufacture.
"Real estate services" means providing a service with respect to thepurchase, sale, lease, rental, or appraisal of real property.
"Security broker" means a "broker" as such term is defined under theSecurities Exchange Act of 1934 (15 U.S.C. § 78a et seq.), or any successorlaw to the Securities Exchange Act of 1934, who is registered with the UnitedStates Securities and Exchange Commission.
"Security dealer" means a "dealer" as such term is defined under theSecurities Exchange Act of 1934 (15 U.S.C. § 78a et seq.), or any successorlaw to the Securities Exchange Act of 1934, who is registered with the UnitedStates Securities and Exchange Commission.
(1996, cc. 715, 720; 2000, c. 557; 2006, c. 763; 2010, cc. 195, 283.)
