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2010 Session

Budget Amendments - HB30 (Floor Approved)

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Appropriate Local Communications Tax (language only)

Item 262 #1h

Item 262 #1h

Finance
Taxation, Department of

Language
Page 166, after line 51, insert:
"J. In order to carry out the provisions of § 58.1-645 et seq., Code of Virginia, there is hereby appropriated a sum sufficient amount of nongeneral fund revenues estimated at $460,000,000 in the first year and $460,000,000 in the second year equal to the revenues collected pursuant to § 58.1-645 et seq., Code of Virginia, from the Virginia Communications Sales and Use Tax.  For the purposes of the Comptroller's preliminary and final annual reports required by § 2.2-813, Code of Virginia, however, all deposits to and disbursements from the Fund shall be accounted for as part of the general fund of the state treasury.
2.  All revenue received by the Commonwealth pursuant to the provisions of § 58.1-645 et seq., Code of Virginia, shall be paid into the state treasury and deposited to the Virginia Communications Sales and Use Tax Fund.  Prior to making distributions from the fund pursuant to § 58.1-662, Code of Virginia, an amount equal to $8,036,248 in the first year and $8,036,248 in the second year shall be transferred to Item 420, an amount equal to $7,945,000 in the first year and $7,945,000 in the second year shall be transferred to Item 423, and an amount equal to $4,653,780 in the first year and $4,653,780 in the second year shall be transferred to Item 419 to fund the activities of the local Treasurers, Commissioners of Revenue, and Directors of Finance.  The Department of Taxation shall be responsible for the auditing of the revenues collected pursuant to the Virginia Communications Sales and Use Tax."


Explanation
(This amendment provides for the appropriation of the Virginia Communications Sales and Use Tax. Since adopted in 2006, these funds have been distributed directly to localities without being appropriated by the General Assembly. Because the sales and use tax was created as a state tax, under the Constitution these amounts must be appropriated. The language provides for a sum sufficient distribution of the funds among the localities using the existing Code-stipulated methodology after setting aside specified amounts for local finance officers.)