§ 40-247. Collection of tax.  


Latest version.
  • (a)

    Any person engaged in the short-term rental business shall collect the rental tax from the lessee of the short-term rental property at the time of the rental. The lessor of the short-term rental property shall transmit a quarterly return to the commissioner of the revenue indicating the gross, not later than the fifteenth day following the end of each calendar quarter, reporting the gross rental proceeds derived from the short-term rental business. The commissioner of the revenue shall assess the tax due, and the commissioner of the revenue shall collect the daily rental property tax pursuant to subsection (c) of this section. The short-term rental business shall pay the tax so assessed not later than the last day of the month following the end of the calendar quarter.

    (b)

    Notwithstanding the provisions of subsection (a) of this section, no tax shall be collected or assessed on: (1) rentals by the Commonwealth, any political subdivision of the Commonwealth or the United States; or (2) any rental of durable medical equipment as defined in Subdivision 10 of § 58.1-609.10 of the Code.

    (c)

    The commissioner of the revenue shall receive taxes in the following manner:

    (1)

    Commissioner of the revenue to receive taxes. The commissioner of the revenue of the City of Newport News shall collect the daily rental property taxes and continue to collect the amount due and payable for the quarterly payments, up to and including the due date, without penalty or interest thereon.

    (2)

    Failure to file return or remit payments; fraudulent return; civil penalties. Any person failing to remit the payments of daily rental property taxes on or before the due dates shall incur a penalty thereon of six (6) percent if the failure is for not more than one (1) month, with an additional six (6) percent for each additional month, or fraction thereof, during which the failure continues, not to exceed thirty (30) percent in the aggregate. In no case, however, shall the penalty be less than ten dollars ($10.00) and such minimum penalty shall apply whether or not any tax is due for the period for which such return was required. If such failure is due to providential or other good cause shown to the satisfaction of the commissioner of the revenue, such return with or without remittance may be accepted exclusive of penalties. In the case of a false or fraudulent return where willful intent exists to defraud the city of any tax due under this article, or in the case of a willful failure to file a return with the intent to defraud the city of any such tax, a specific penalty of fifty (50) percent of the amount of the proper tax shall be assessed. All penalties and interest imposed by this article shall be payable by the lessor and collectible by the commissioner of the revenue in the same manner as if they were a part of the tax imposed.

    (3)

    Interest on taxes and penalties not paid when due. Interest at the rate of ten (10) percent per annum shall be computed and collected from the lessor upon the taxes and penalty from the date such taxes and/or penalty were due.

    (Ord. No. 3887-89, § 1; Ord. No. 6441-07, § 1, eff. 1-1-08; Ord. No. 6611-09, § 1)

(Ord. No. 3887-89, § 1; Ord. No. 6441-07, § 1, eff. 1-1-08; Ord. No. 6611-09, § 1)