Virginia Code 58.1-642: Collection of tire recycling fee; deductions; exemptions
A. The tire recycling fee levied under this chapter shall be collected by the Tax Commissioner in the same manner as is the retail sales and use tax, pursuant to Chapter 6 (§ 58.1-600 et seq.) of this title.
Terms Used In Virginia Code 58.1-642
- farm: means any person that obtains at least 51 percent of its annual gross income from agricultural operations and produces the agricultural waste used as feedstock for the waste-to-energy technology, (ii) "agricultural waste" means biomass waste materials capable of decomposition that are produced from the raising of plants and animals during agricultural operations, including animal manures, bedding, plant stalks, hulls, and vegetable matter, and (iii) "waste-to-energy technology" means any technology, including but not limited to a methane digester, that converts agricultural waste into gas, steam, or heat that is used to generate electricity on-site. See Virginia Code 1-222.1
- Retailer of tires: means any person engaged in the business of making retail sales of tires, whether new or used, within this Commonwealth, and also includes any person who installs tires in the Commonwealth pursuant to an agreement with a person who makes a retail sale of such tires, but does not collect the tax under this Chapter. See Virginia Code 58.1-640
- Tire: means a continuous solid or pneumatic rubber covering encircling the wheel of a vehicle used for transportation purposes. See Virginia Code 58.1-640
B. The fee imposed under § 58.1-641 shall not apply to new tires for:
1. Any device moved exclusively by human power;
2. Any device used exclusively upon stationary rails or tracks; or
3. Any device used exclusively for farming purposes, except a farm truck.
C. For the purpose of compensating a retailer of tires for accounting for and remitting the fee levied by this chapter, such retailer shall be allowed five percent of the amount of fee due and accounted for in the form of a deduction in submitting his return and paying the amount due by him if the amount due was not delinquent at the time of payment.
1989, c. 630; 2003, c. 101.