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(a) Pursuant to Section 58.1-3510.6 of the Code of Virginia, and in addition to the tax levied pursuant to Section 58.1-605 of the Code of Virginia and all other taxes of every kind now or hereafter imposed by law, Loudoun County hereby levies and imposes a short-term rental property tax not to exceed one percent (1%) on the gross proceeds arising from rentals on any person engaged in the short-term rental business as defined in Section 880.01(i)(1) and Section 880.01(i)(2) of this Chapter.
(b) The provisions of Section 58.1-625 of the Code of Virginia relating to the manner of the collection of the local retail sales and use tax applicable to Chapter 6 (Section 58.1-600 et seq.) of Title 58.1 of the Code of Virginia shall apply mutatis mutandis to the short-term rental property tax except that the Commissioner of the Revenue shall assess and the Treasurer’s Office collects the tax due.
(c) Imposition of the tax applies within all of Loudoun County and within its incorporated towns.
(Ord. 89-14. Passed 9-19-89; Ord. 18-20. Passed 11-14-18; Ord. 20-13. Passed 12-9-20.)
(a) No tax hereunder shall be collected or payable on rentals to the Commonwealth of Virginia, to any political subdivision of the Commonwealth or to the United States.
(b) No tax hereunder shall be collected or payable for any rental of durable medical equipment as defined in Section 58.1-609.10(10) of the Code of Virginia.
(c) All rentals exempt from Virginia Sales and Use Tax, pursuant to Chapter 6 of Title 58.1 of the Virginia Code, shall be exempt from this short-term rental property tax.
(d) The exemptions provided in Sections 58.1-609.1 through 58.1-609.11 of the Code of Virginia shall apply mutatis mutandis to the short-term rental property tax except that the Commissioner of the Revenue shall assess the tax due and the Loudoun County Treasurer shall collect the short-term rental tax.
(e) All exemptions from this tax claimed by short-term rental businesses at the time of payment of collected taxes shall be proved by filing of appropriate documentation as directed by the Commissioner of the Revenue.
(Ord. 89-14. Passed 9-19-89; Ord. 18-20. Passed 11-14-18.)
(a) Every person engaging in the business of short-term rental, as defined in Section 880.01(i), shall file annually for an application for a certificate of registration with the Commissioner of the Revenue for each place of business in Loudoun County from which short- term rental business will be conducted by the applicant. Such application shall be filed by January 31 of each year or within thirty days of the beginning of a short-term rental business. The application shall be on a form prescribed by the Commissioner of the Revenue and shall contain:
(1) The business owner’s name and fictitious or trade under which the applicant operates or intends to operate the rental business;
(2) The location in Loudoun County from which the rental business will be conducted as well as the location of the rental business headquarters;
(4) The figures for the previous year's business, including the total gross receipts from all business, the total gross rental receipts and the total receipts from short-term rental of short-term rental property;
(5) A list of all tangible personal property used for rental the previous year, including a list of all property leased or licensed to the short-term rental business with the name and address of the owner of such property; in case of a new short-term rental business, an estimate of total gross receipts of the business, the total estimated gross rental receipts, and the total estimated gross receipts from the short-term total of short-term rental property;
(6) Such other information as the Commissioner may require; and
(7) The signature and oath by the person making the application or an officer or partner for such applicant that he or she is in fact qualified for tax treatment as a short-term rental business and that he or she shall collect only those short-term rental taxes due under the law and that he or she shall remit all short-term rental taxes collected to the County.
(b) A person who has not previously been engaged in the short-term rental business who applies for a certificate of registration pursuant to this Section shall be eligible for registration upon is or her certification that he or she anticipates meeting the requirements of either subdivisions 880.01(i)(1) or 880.01(i)(2) designated by the applicant at the time of application, during the year for which registration is sought.
(Ord. 89-14. Passed 9-19-89; Ord. 18-20. Passed 11-14-18; Ord. 20-13. Passed 12-9-20.)
Upon approval of the application required by Section 880.04, by the Commissioner of the Revenue, a certificate of registration shall be issued from which a short-term rental business is conducted in the County by the applicant. The certificate shall be conspicuously displayed at all times at the place of business for which it is issued. The certificate is not assignable and shall be valid only for the person in whose name it is issued and the place of business designated.
(Ord. 89-14. Passed 9-19-89; Ord. 18-20. Passed 11-14-18.)
Every person engaged in the short-term rental business with a valid certificate of registration from the Commissioner of the Revenue shall collect this short-term rental tax from the lessee of the short-term rental property at the time of rental.
The person collecting this tax shall maintain a record of all rental transactions for which this tax is collected, which record shall contain:
(a) A description of the property rented;
(b) The period of time for which the property was rented;
(c) The name of the person to whom the property was rented; and
(d) The amount charged for each rental, including all late charges, penalties and interest.
(Ord. 89-14. Passed 9-19-89; Ord. 18-20. Passed 11-14-18.)
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