58.1-3510.6 - Short-term rental property tax.

§ 58.1-3510.6. Short-term rental property tax.

A. The governing body of any county, city, or town may levy a tax in anamount not to exceed one percent, in addition to the tax levied pursuant to §58.1-605, on the gross proceeds arising from rentals of any person engaged inthe short-term rental business as defined in § 58.1-3510.4 B 1. "Grossproceeds" means the total amount charged to each person for the rental ofshort-term rental property, excluding any state and local sales tax paidunder the provisions of Chapter 6 (§ 58.1-600 et seq.) of this title.

B. The governing body of any county, city, or town may levy a tax in anamount not to exceed one-and-one-half percent, in addition to the tax leviedpursuant to § 58.1-605, on the gross proceeds arising from rentals of anyperson engaged in the short-term rental business as defined in § 58.1-3510.4B 2. "Gross proceeds" means the total amount charged to each person for therental of short-term rental property, excluding any state and local sales taxpaid under the provisions of Chapter 6 (§ 58.1-600 et seq.) of this title.

C. Any person engaged in the short-term rental business, as defined in §58.1-3510.4, in a city, county or town that has adopted an ordinance imposinga short-term rental property tax pursuant to this section shall collect suchtax from each lessee of rental property at the time of rental and shalltransmit a quarterly return, not later than the fifteenth day following theend of each calendar quarter, to the commissioner of the revenue of thecounty or city or the designated official of the town wherein the tax iscollected, reporting the gross rental proceeds derived from the short-termrental business. The commissioner of the revenue shall assess the tax due,and the short-term rental business shall pay the tax so assessed to thetreasurer or director of finance not later than the last day of the monthfollowing the end of the calendar quarter. Any failure to file a quarterlyreturn required by this section or to pay short-term rental property tax whendue shall be subject to the provisions of § 58.1-3510.7.

D. Notwithstanding the provisions of subsections A and B, no tax shall becollected or assessed on (i) rentals by the Commonwealth, any politicalsubdivision of the Commonwealth or the United States or (ii) any rental ofdurable medical equipment as defined in subdivision 10 of § 58.1-609.10.

E. Except for daily rental vehicles pursuant to § 58.1-3510 and short-termrental property, rental property shall be classified, assessed and taxed astangible personal property.

(2009, cc. 480, 692; 2010, cc. 255, 295.)