§ 74-341. Definitions.  


Latest version.
  • The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Affiliated means any common ownership interest, in excess of five percent, of any officers or partners in common with the lessor and lessee.

    Certificate of registration refers to the annual certificate issued by the commissioner of the revenue to persons engaged in the shortterm rental business in the county who make application for such certificate pursuant to section 74-344 of this article.

    Commissioner of the revenue means the commissioner of the revenue of the county and any of the commissioner's duly authorized deputies or agents.

    Daily rental property means all tangible personal property held for rental and owned by a person engaged in the shortterm rental business, as defined in of this section, except trailers, as defined in Code of Virginia, § 46.2-100, and other tangible personal property required to be licensed or registered with the state department of motor vehicles, the department of game and inland fisheries, or the department of aviation.

    Gross proceeds means the total amount charged, including penalties, late charges or interest, to each person for the rental of daily rental property from a shortterm rental business with a valid certificate of registration, excluding any state and local sales taxes paid pursuant to chapter 6 of title 58.1 of the Code of Virginia (Code of Virginia, § 58.1-600 et seq.). Gross proceeds is the taxable basis for the daily rental tax.

    Gross rental receipts means all proceeds from rentals during a calendar year, except that proceeds from rental of personal property which also involves the provision of personal services for the operation of the personal property rented shall not be treated as gross receipts from rental. For purposes of this definition, the delivery and installation of tangible personal property shall not mean operation.

    Person means and includes individuals, firms, partnerships, associations, corporations and combinations of individuals of whatever form and character.

    Shortterm rental business includes any person engaged in the shortterm rental of daily rental property, as defined in this section, if: (i) not less than 80 percent of the gross rental receipts of such business in any year are from transactions involving rental periods of 92 consecutive days or less, including all extensions and renewals to the same person or a person affiliated with the lessor, and provided that (ii) any rental to a person affiliated with the lessor shall be treated as rental receipts but shall not qualify for purposes of the 80-percent requirement.

    (Code 1988, § 13-210)

    Cross reference— Definitions generally, § 1-2.

(Code 1988, § 13-210)

Cross reference

Definitions generally, § 1-2.