A. If any dealer fails to make a return as provided by this chapter, or areturn that is false or fraudulent, it shall be the duty of the TaxCommissioner to make an estimate for the taxable period of the retail salesor distributions of such dealer, or of the gross proceeds from leases oftangible personal property, or taxable services by such dealer, or the costprice of all articles of tangible personal property imported by such dealerfor use or consumption in the Commonwealth, or storage by such dealer oftangible personal property to be used or consumed in the Commonwealth, andassess the tax, plus such penalties as are provided in this chapter. The TaxCommissioner shall give such dealer ten days' notice in writing requiringsuch dealer to appear before him with such books, records, and papers as hemay require relating to the business of such dealer for such taxable period.The Tax Commissioner may require such dealer or the agents and employees ofsuch dealer to give testimony or to answer interrogatories under oathadministered by the Tax Commissioner respecting such sale, distribution,lease, use, consumption, or storage of tangible personal property, or taxableservices, or the failure to make a return thereof as provided in thischapter. If any dealer fails to make any such return or refuses to permit anexamination of his books, records, or papers, or to appear and answerquestions within the scope of such investigation, the Tax Commissioner ishereby authorized to make the assessment based upon such information as maybe available to him and to issue a memorandum of lien under § 58.1-1805 forthe collection of any such taxes and penalties so found to be due. Theassessment so made shall be deemed prima facie correct.
B. If the dealer has imported tangible personal property and fails to producean invoice showing the sales price of the articles, or the invoice does notreflect the true or actual sales price as defined in this chapter, then theTax Commissioner shall ascertain, in any manner feasible, the true salesprice and assess and collect the tax, with penalties, to the extent such haveaccrued, on the true sales price as ascertained by him. The assessment somade shall be deemed prima facie correct.
C. In the case of the lease of tangible personal property, if theconsideration given or reported by the dealer, in the judgment of the TaxCommissioner, does not represent the true or actual consideration, then theTax Commissioner is authorized to fix the same and assess and collect the taxthereon in the same manner as above provided, with penalties to the extentsuch have accrued. The assessment so made shall be deemed prima facie correct.
(Code 1950, § 58-441.28; 1966, c. 151; 1984, c. 675; 1985, c. 221.)
A. If any dealer fails to make a return as provided by this chapter, or areturn that is false or fraudulent, it shall be the duty of the TaxCommissioner to make an estimate for the taxable period of the retail salesor distributions of such dealer, or of the gross proceeds from leases oftangible personal property, or taxable services by such dealer, or the costprice of all articles of tangible personal property imported by such dealerfor use or consumption in the Commonwealth, or storage by such dealer oftangible personal property to be used or consumed in the Commonwealth, andassess the tax, plus such penalties as are provided in this chapter. The TaxCommissioner shall give such dealer ten days' notice in writing requiringsuch dealer to appear before him with such books, records, and papers as hemay require relating to the business of such dealer for such taxable period.The Tax Commissioner may require such dealer or the agents and employees ofsuch dealer to give testimony or to answer interrogatories under oathadministered by the Tax Commissioner respecting such sale, distribution,lease, use, consumption, or storage of tangible personal property, or taxableservices, or the failure to make a return thereof as provided in thischapter. If any dealer fails to make any such return or refuses to permit anexamination of his books, records, or papers, or to appear and answerquestions within the scope of such investigation, the Tax Commissioner ishereby authorized to make the assessment based upon such information as maybe available to him and to issue a memorandum of lien under § 58.1-1805 forthe collection of any such taxes and penalties so found to be due. Theassessment so made shall be deemed prima facie correct.
B. If the dealer has imported tangible personal property and fails to producean invoice showing the sales price of the articles, or the invoice does notreflect the true or actual sales price as defined in this chapter, then theTax Commissioner shall ascertain, in any manner feasible, the true salesprice and assess and collect the tax, with penalties, to the extent such haveaccrued, on the true sales price as ascertained by him. The assessment somade shall be deemed prima facie correct.
C. In the case of the lease of tangible personal property, if theconsideration given or reported by the dealer, in the judgment of the TaxCommissioner, does not represent the true or actual consideration, then theTax Commissioner is authorized to fix the same and assess and collect the taxthereon in the same manner as above provided, with penalties to the extentsuch have accrued. The assessment so made shall be deemed prima facie correct.
(Code 1950, § 58-441.28; 1966, c. 151; 1984, c. 675; 1985, c. 221.)
A. If any dealer fails to make a return as provided by this chapter, or areturn that is false or fraudulent, it shall be the duty of the TaxCommissioner to make an estimate for the taxable period of the retail salesor distributions of such dealer, or of the gross proceeds from leases oftangible personal property, or taxable services by such dealer, or the costprice of all articles of tangible personal property imported by such dealerfor use or consumption in the Commonwealth, or storage by such dealer oftangible personal property to be used or consumed in the Commonwealth, andassess the tax, plus such penalties as are provided in this chapter. The TaxCommissioner shall give such dealer ten days' notice in writing requiringsuch dealer to appear before him with such books, records, and papers as hemay require relating to the business of such dealer for such taxable period.The Tax Commissioner may require such dealer or the agents and employees ofsuch dealer to give testimony or to answer interrogatories under oathadministered by the Tax Commissioner respecting such sale, distribution,lease, use, consumption, or storage of tangible personal property, or taxableservices, or the failure to make a return thereof as provided in thischapter. If any dealer fails to make any such return or refuses to permit anexamination of his books, records, or papers, or to appear and answerquestions within the scope of such investigation, the Tax Commissioner ishereby authorized to make the assessment based upon such information as maybe available to him and to issue a memorandum of lien under § 58.1-1805 forthe collection of any such taxes and penalties so found to be due. Theassessment so made shall be deemed prima facie correct.
B. If the dealer has imported tangible personal property and fails to producean invoice showing the sales price of the articles, or the invoice does notreflect the true or actual sales price as defined in this chapter, then theTax Commissioner shall ascertain, in any manner feasible, the true salesprice and assess and collect the tax, with penalties, to the extent such haveaccrued, on the true sales price as ascertained by him. The assessment somade shall be deemed prima facie correct.
C. In the case of the lease of tangible personal property, if theconsideration given or reported by the dealer, in the judgment of the TaxCommissioner, does not represent the true or actual consideration, then theTax Commissioner is authorized to fix the same and assess and collect the taxthereon in the same manner as above provided, with penalties to the extentsuch have accrued. The assessment so made shall be deemed prima facie correct.
(Code 1950, § 58-441.28; 1966, c. 151; 1984, c. 675; 1985, c. 221.)
