Sec. 36-126.8. Exclusions and deductions from gross receipts.
(a) General rule. Gross receipts for license tax purposes shall not include any amount not derived from the exercise of the license privilege to engage in a business or profession in the ordinary course of business or profession.
(b) The following items shall be excluded from gross receipts:
(1) Amounts received and paid to the United States, the Commonwealth or any county, city or town for the Virginia retail sales or use tax, or for any local sales tax or any local excise tax on cigarettes, for any federal or state excise taxes on motor fuels.
(2) Any amount representing the liquidation of a debt or conversion of another asset to the extent that the amount is attributable to a transaction previously taxed (e.g., the factoring of accounts receivable created by sales which have been included in taxable receipts even though the creation of such debt and factoring are a regular part of its business).
(3) The sale price of property sold and returned during the period covered by the return, deducting from such price the amount received on account of the sale and not refunded or allowed as credit. If the total amount received is refunded or allowed as a credit, the total sales price of the article returned may be deducted from gross receipts. If a part of the total sales price is refunded or allowed as a credit, the amount to be deducted from gross receipts is the amount refunded or allowed as a credit.
(4) If the sale of any property is made by exchange of property of any kind, the price allowed for the property received in exchange constitutes the amount to be deducted, provided, however, that when such property is sold, the sale price of such property shall constitute gross receipts within the meaning of this chapter.
(5) Receipts which are the proceeds of a loan transaction in which the licensee is the obligor.
(6) Receipts representing the return of principal of a loan transaction in which the licensee is the creditor, or the return of principal or basis upon the sale of a capital asset.
(7) Rebates and discounts taken or received on account of purchase by the licensee. A rebate or other incentive offered to induce the recipient to purchase certain goods or services from a person other than the offeror, in which the recipient assigns to the licensee in consideration of the sale of goods and services shall not be considered a rebate or discount to the licensee, but shall be included in the licensee's gross receipts together with any handling or other fees related to the incentive.
(8) Withdrawals from inventory for purposes other than sale or distribution and for which no consideration is received and the occasional sale or exchange of assets other than inventory, whether or not a gain or loss is recognized for federal income tax purposes.
(9) Investment income not directly related to the privilege exercised by a licensable business not classified as rendering financial services. This exclusion shall apply to interest on bank accounts of the business, and to interest, dividends and other income derived from the investment of its own funds in securities and other types of investments unrelated to the licensed privilege. This exclusion shall not apply to interest, late fees and similar income attributable to an installment sale or other transaction that occurred in the regular course of business.
(c) The following shall be deducted from gross receipts or gross purchases that would otherwise be taxable:
(1) Any amount paid for computer hardware and software that are sold to a federal or state government entity provided that such property was purchased within two (2) years of the sale to said entity by the original purchaser who shall have been contractually obligated at the time of purchase to resell such property to a federal or state government entity. This deduction shall not occur until the time of resale and shall apply to only the original cost of the property and not to its resale price, and the deduction shall not apply to any of the tangible personal property which was the subject of the original resale contract if it is not resold to a federal or state government entity in accordance with the original contract obligation.
(2) Any receipts attributable to a business conducted in another state or foreign country in which the taxpayer is liable for an income or other tax based upon income. (Ord. No. O- 96-319, 12- 10-96, eff. 1-1-97)
Last updated date: 10/23/2006 4:15:21 PM