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2002 Session

Budget Amendments - SB30 (Member Request)

Chief Patron: Governor Warner
Accelerated Sales Tax Language (language only)

Item 3-5.04 #1s

Item 3-5.04 #1s

Modifications and Adjustments to Taxes and Fees
Accelerated Sales and Use Tax Collections

Language
Page 421, after line 14, insert:
§ 3-5.04  ACCELERATED SALES AND USE TAX COLLECTIONS
A.1.  Notwithstanding the provisions of § 58.1-615, Code of Virginia, every dealer as defined by § 58.1-612, Code of Virginia, with (a) annual taxable sales in excess of $17.5 million for the period July 1, 2000, to June 30, 2001, shall be required to make a payment equal to 90 percent of the sales and use tax liability for the month of May as the estimated amount of sales and use tax liability for the month of June; or (b) annual taxable sales equal to or less than $17.5 million for the period July 1, 2000, to June 30, 2001, shall be required to make a payment equal to 67 percent of the sales and use tax liability for the month of May as the estimated amount of sales and use tax liability for the month of June.  Such tax payments shall be made on or before the 30th day of June 2003 and June 2004, respectively, if payment is made by electronic funds transfer, as defined in  § 58.1-202.1, Code of Virginia.  If payment is made by other than electronic funds transfer, such payment shall be made on or before the 25th day of June 2003 and June 2004, respectively.  Payments under this paragraph shall be made in accordance with procedures established by the Tax Commissioner.  Every dealer shall be entitled to a credit for the payments under this paragraph on the return due July 20, 2003 and July 20, 2004, respectively.
2.  In lieu of the penalties provided in
§ 58.1-635, except with respect to fraudulent returns, failure to make a timely payment or full payment on the sales and use tax liability as provided in paragraph A.1. above shall subject the dealer to a penalty of 30 percent of the amount of tax that should have been properly paid to the Tax Commissioner.  Interest will accrue as provided in § 58 1.15, Code of Virginia,.  The payment required by paragraph A.1. above shall become delinquent on the first day following the due date set forth in paragraph A.1. if not paid."


Explanation
(This amendment changes the proposed accelerated sales and use tax collections. In June, delaers with annual sales in excess of $17.5 million would remit an amount equal to 90 percent of sales and use tax collections in May. All other dealers would remit in June an amount equal to two-thirds of May collections. Companion amendments revise the general fund revenue forecast and delete similar language from the Department of Taxation, Item 285.)