§ 9-183. "Short-term rental business" defined.

(a)

A person is engaged in the short-term rental business if:

(1)

Not less than 80 percent of the gross rental receipts of such business during the preceding year arose from transactions involving rental of short-term rental property, other than heavy equipment property as defined in subsection (b), for periods of 92 consecutive days or less, including all extensions and renewals to the same person or a person affiliated with the lessee; or

(2)

Not less than 60 percent of the gross rental receipts of such business during the preceding year arose from transactions involving the rental of heavy equipment property for periods of 270 consecutive days or less, including all extensions and renewals to the same person or a person affiliated with the lessee. For the purposes of this subdivision, "heavy equipment property" means rental property of an industry that is described under code 532412 or 532490 of the 2002 North American Industry Classification System as published by the United States Census Bureau, excluding office furniture, office equipment, and programmable computer equipment and peripherals.

(b)

A person is "affiliated" with the lessee of rental property if such person is an officer, director, partner, member, shareholder, parent or subsidiary of the lessee, or if such person and the lessee have any common ownership interest in excess of five percent. For purposes of this section:

(1)

Any rental to a person affiliated with the lessor shall be included in rental receipts but shall not be included for purposes of the 80 percent requirement of subdivision (1) of subsection (a), or the 60 percent requirement of subdivision (2) of subsection (a); and

(2)

Any rental of personal property which also involves the provision of personal services for the operation of the personal property rental shall not be treated as gross receipts from rental. For purposes of this section, the delivery and installation of tangible personal property shall not mean operation.

(c)

A person who has not previously been engaged in the short-term rental business who applies for a certificate of registration pursuant to section 9-188 shall be eligible for registration upon his certification that he anticipates meeting the requirements of a specific subdivision of subsection (a), designated by the applicant at the time of application, during the year for which registration is sought.

(d)

In the event that the commissioner of the revenue makes a written determination that a rental business previously certified as a short-term rental business pursuant to section 9-188 has failed to meet either of the tests set forth in subsection (a) during a preceding tax year, such business shall lose its certification as a short-term rental business and shall be subject to the business personal property tax with respect to all rental property for the tax year in which such certification is lost and any subsequent tax years until such time as the rental business obtains recertification pursuant to section 9-188. In the event that a rental business loses its certification as a short-term rental business pursuant to this subsection, such business shall not be required to refund to customers daily rental property taxes previously collected in good faith, and shall not be subject to assessment for business personal property taxes with respect to rental property for tax years preceding the year in which the certification is lost unless the commissioner makes a written determination that the business obtained its certification by knowingly making materially false statements in its application, in which case the commissioner may assess the taxpayer the amount of the difference between short-term rental property taxes remitted by such business during the period in which the taxpayer wrongfully held certification and the business personal property taxes that would have been due during such period but for the certification obtained by the making of the materially false statements. Any such assessment, and any determination not to certify or to decertify a rental business as a short-term rental business as defined in this subsection, may be appealed pursuant to the procedures and requirements set forth in Code of Virginia, § 58.1-3983.1 for appeals of local business taxes, which shall apply mutatis mutandis to such assessments and certification decisions.

(e)

A rental business that has been decertified pursuant to the provisions of subsection (d) shall be eligible for recertification for a subsequent tax year upon a showing that it has met one of the tests provided in subsection (a) for at least ten months of operations during the present tax year.

(Code 1978, § 8-62; Ord. of 10-14-09, § 1)

Cross reference— Definitions and rules of construction generally, § 1-2.

(Code 1978, § 8-62; Ord. of 10-14-09, § 1)

Cross reference

Definitions and rules of construction generally, § 1-2.