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1997_Ordinances
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1997_Ordinances
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(1) ... <br />• (2) The gross receipts of a retailer or wholesaler shall be attributed to the <br />definite place of business at which sales solicitation activities occur, or if <br />sales solicitation activities do not occur at any definite place of business, <br />then the definite place of business from which sales solicitation activities <br />are directed or controlled; however, a wholesaler or distribution house <br />subject to a license tax measured by purchases shall determine the situs of <br />its purchases by the definite place of business at which or from which <br />deliveries of the purchased goods, wares and merchandise are made to <br />customers. Any wholesaler who is subject to license tax in the city and in <br />another locality or other localities and who is subject to multiple taxation <br />because the localities use different measures, may apply to the <br />Commonwealthrof Virginia Department of Taxation for a determination as <br />to the proper measure of purchases and gross receipts subject to license tax <br />in each locality. <br />(3) ... <br />(4) ... <br />Section 14-8. Apportionment of gross receipts and agreements. <br />(a) ... <br />(b) The Commissioner may enter into agreements with any other political subdivision of <br />• Virginia concerning the manner in which gross receipts shall be apportioned among definite <br />places of business. However, the sum of the gross receipts apportioned by the agreement shall <br />not exceed the total gross receipts attributable to all of the definite places of business affected by <br />the agreement. Upon being notified by a taxpayer that its method of attributing gross receipts is <br />fundamentally inconsistent with the method of one or more political subdivisions in which the <br />taxpayer is licensed to engage in business and that the difference has, or is likely to, result in <br />taxes on more than 100 percent of its gross receipts from all locations in the affected <br />jurisdictions, the Commissioner o```ar rr ntte shall make a good faith effort to reach an <br />apportionment agreement with the other political subdivisions involved. If an agreement cannot <br />by be reached, either the Commissioner of the ue or taxpayer may seek an advisory <br />opinion from the ref Virginia Department of Taxation pursuant to Virginia Code <br />Section 58.1-3701. Notice of the request shall be given to the other party. Notwithstanding the <br />provisions of Virginia Code Section 58.1-3993, when a taxpayer has demonstrated to a court that <br />two or more political subdivisions of Virginia have assessed taxes on gross receipts that may <br />create a double assessment within the meaning of Virginia Code Section 58.1-3986, the court <br />shall enter such orders pending resolution of the litigation as may be necessary to ensure that the <br />taxpayer is not required to pay multiple assessments even though it is not then known which <br />assessment is correct and which is erroneous. <br />Section 14-10. Separate license for each place and class of business. <br />• <br />Page 8 of 26 <br />
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