§ 58.1-3734. License tax on motor vehicle dealers.
A. Notwithstanding the provisions of § 58.1-605, whenever any localityimposes a license tax applicable to motor vehicle dealers measured by thegross receipts of such dealer, the dealer may separately state the amount oftax applicable to each sale of a motor vehicle and add such tax to the salesprice of the motor vehicle. It shall be unlawful for a motor vehicle dealerto collect an amount stated separately as such if such dealer knows theamount to be greater than the tax applicable to such sale. The failure ofsuch merchant to recover the tax from the purchaser shall not relieve suchmerchant from the obligation to pay the tax to the locality. Any locality mayprovide by ordinance for the quarterly collection of the gross receipt taxeson such dealers who separately state during the year such receipts are earned.
B. A motor vehicle dealer who collects excess business license tax shallexercise due diligence to refund such tax, in excess of one dollar, to thepurchaser within 120 days of discovering such overpayment, and such dealershall produce evidence of such refund to the commissioner of the revenue orother local assessing officer upon the request of either. Any amounts thatare not refunded to purchasers shall be remitted to the commissioner of therevenue or other local assessing officer. During a three-year period afterreceipt of such amounts, the commissioner of the revenue or other localassessing officer and the treasurer, as that term is defined in § 58.1-3123,shall refund such amounts as appropriate to purchasers who producedocumentation verifying such overpayment. At the expiration of this period,the commissioner of the revenue or other local assessing officer shallconsider these funds as additional business license tax. The locality mayrecover from the motor vehicle dealer its costs of mailing, printing, andother reasonably necessary administrative costs related to refunding suchamounts to purchasers.
(Code 1950, § 58-266.1; 1950, p. 155; 1956, c. 242; 1964, c. 424; 1968, c.619; 1970, cc. 231, 547; 1974, cc. 196, 438; 1975, cc. 23, 621; 1976, cc.521, 719; 1977, c. 320; 1978, cc. 772, 799, 817; 1979, cc. 565, 568, 570;1980, cc. 318, 736; 1981, cc. 419, 636; 1982, cc. 348, 548, 552, 554, 558,633; 1983, c. 554; 1984, cc. 247, 675, 695; 1999, cc. 862, 957.)
§ 58.1-3734. License tax on motor vehicle dealers.
A. Notwithstanding the provisions of § 58.1-605, whenever any localityimposes a license tax applicable to motor vehicle dealers measured by thegross receipts of such dealer, the dealer may separately state the amount oftax applicable to each sale of a motor vehicle and add such tax to the salesprice of the motor vehicle. It shall be unlawful for a motor vehicle dealerto collect an amount stated separately as such if such dealer knows theamount to be greater than the tax applicable to such sale. The failure ofsuch merchant to recover the tax from the purchaser shall not relieve suchmerchant from the obligation to pay the tax to the locality. Any locality mayprovide by ordinance for the quarterly collection of the gross receipt taxeson such dealers who separately state during the year such receipts are earned.
B. A motor vehicle dealer who collects excess business license tax shallexercise due diligence to refund such tax, in excess of one dollar, to thepurchaser within 120 days of discovering such overpayment, and such dealershall produce evidence of such refund to the commissioner of the revenue orother local assessing officer upon the request of either. Any amounts thatare not refunded to purchasers shall be remitted to the commissioner of therevenue or other local assessing officer. During a three-year period afterreceipt of such amounts, the commissioner of the revenue or other localassessing officer and the treasurer, as that term is defined in § 58.1-3123,shall refund such amounts as appropriate to purchasers who producedocumentation verifying such overpayment. At the expiration of this period,the commissioner of the revenue or other local assessing officer shallconsider these funds as additional business license tax. The locality mayrecover from the motor vehicle dealer its costs of mailing, printing, andother reasonably necessary administrative costs related to refunding suchamounts to purchasers.
(Code 1950, § 58-266.1; 1950, p. 155; 1956, c. 242; 1964, c. 424; 1968, c.619; 1970, cc. 231, 547; 1974, cc. 196, 438; 1975, cc. 23, 621; 1976, cc.521, 719; 1977, c. 320; 1978, cc. 772, 799, 817; 1979, cc. 565, 568, 570;1980, cc. 318, 736; 1981, cc. 419, 636; 1982, cc. 348, 548, 552, 554, 558,633; 1983, c. 554; 1984, cc. 247, 675, 695; 1999, cc. 862, 957.)
§ 58.1-3734. License tax on motor vehicle dealers.
A. Notwithstanding the provisions of § 58.1-605, whenever any localityimposes a license tax applicable to motor vehicle dealers measured by thegross receipts of such dealer, the dealer may separately state the amount oftax applicable to each sale of a motor vehicle and add such tax to the salesprice of the motor vehicle. It shall be unlawful for a motor vehicle dealerto collect an amount stated separately as such if such dealer knows theamount to be greater than the tax applicable to such sale. The failure ofsuch merchant to recover the tax from the purchaser shall not relieve suchmerchant from the obligation to pay the tax to the locality. Any locality mayprovide by ordinance for the quarterly collection of the gross receipt taxeson such dealers who separately state during the year such receipts are earned.
B. A motor vehicle dealer who collects excess business license tax shallexercise due diligence to refund such tax, in excess of one dollar, to thepurchaser within 120 days of discovering such overpayment, and such dealershall produce evidence of such refund to the commissioner of the revenue orother local assessing officer upon the request of either. Any amounts thatare not refunded to purchasers shall be remitted to the commissioner of therevenue or other local assessing officer. During a three-year period afterreceipt of such amounts, the commissioner of the revenue or other localassessing officer and the treasurer, as that term is defined in § 58.1-3123,shall refund such amounts as appropriate to purchasers who producedocumentation verifying such overpayment. At the expiration of this period,the commissioner of the revenue or other local assessing officer shallconsider these funds as additional business license tax. The locality mayrecover from the motor vehicle dealer its costs of mailing, printing, andother reasonably necessary administrative costs related to refunding suchamounts to purchasers.
(Code 1950, § 58-266.1; 1950, p. 155; 1956, c. 242; 1964, c. 424; 1968, c.619; 1970, cc. 231, 547; 1974, cc. 196, 438; 1975, cc. 23, 621; 1976, cc.521, 719; 1977, c. 320; 1978, cc. 772, 799, 817; 1979, cc. 565, 568, 570;1980, cc. 318, 736; 1981, cc. 419, 636; 1982, cc. 348, 548, 552, 554, 558,633; 1983, c. 554; 1984, cc. 247, 675, 695; 1999, cc. 862, 957.)
