{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/58.1-2900.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/58.1-2900.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/58.1-2900.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/58.1-2900.html"}],"law_id":85671,"edition_id":1,"section_id":85671,"structure_id":15681,"section_number":"58.1-2900","catch_line":"Imposition of tax","history":"1999, c. 971; 2000, cc. 427, 614; 2020, c. 697; 2025, cc. 711, 715.","full_text":"A\n\nEffective January 1, 2001, there is hereby imposed, in addition to the local consumer utility tax of Article 4 (\u00a7 58.1-3812 et seq.) of Chapter 38 and subject to the adjustments authorized by subdivision A 5 and by \u00a7 58.1-2902, a tax on the consumers of electricity in the Commonwealth based on kilowatt hours delivered by the incumbent distribution utility and used per month as follows:1\n\nEach consumer of electricity in the Commonwealth shall pay electric utility consumption tax on all electricity consumed per month not in excess of 2,500 kWh at the rate of $0.001595 per kWh, as follows:2\n\nEach consumer of electricity in the Commonwealth shall pay electric utility consumption tax on all electricity consumed per month in excess of 2,500 kWh but not in excess of 50,000 kWh at the rate of $0.001085 per kWh, as follows:3\n\nEach consumer of electricity in the Commonwealth shall pay electric utility consumption tax on all electricity consumed per month in excess of 50,000 kWh at the rate of $0.000875 per kWh, as follows:4\n\nThe tax rates set forth in subdivisions 1, 2, and 3 are in lieu of and replace the state gross receipts tax (§ 58.1-2626), the special regulatory revenue tax (§ 58.1-2660), and the local license tax (§ 58.1-3731) levied on corporations furnishing heat, light or power by means of electricity.5\n\nThe tax on consumers under this section shall not be imposed on consumers served by an electric utility owned or operated by a municipality if such municipal electric utility elects to have an amount equivalent to the tax added on the bill such utility (or an association or agency of which it is a member) pays for bundled or unbundled transmission service as a separate item. Such amount, equivalent to the tax, shall be calculated under the tax rate schedule as if the municipal electric utility were selling and collecting the tax from its consumers, adjusted to exclude the amount which represents the local consumption tax if the locality in which a consumer is located does not impose a license fee rate pursuant to § 58.1-3731, and shall be remitted to the Commission pursuant to § 58.1-2901. Municipal electric utilities may bundle the tax in the rates charged to their retail customers. Notwithstanding anything contained herein to the contrary, the election permitted under this subdivision shall not be exercised by any municipal electric utility if the entity to whom the municipal electric utility (or an association or agency of which it is a member) pays for transmission service is not subject to the taxing jurisdiction of the Commonwealth, unless such entity agrees to remit to the Commonwealth all amounts equivalent to the tax pursuant to § 58.1-2901.6\n\nThe tax on consumers set forth in subdivisions 1, 2, and 3 shall only be imposed in accordance with this subdivision on consumers of electricity purchased from a utility consumer services cooperative to the extent that such cooperative purchases, for the purpose of resale within the Commonwealth, electricity from a federal entity that made payments in accordance with federal law (i) in lieu of taxes during such taxable period to the Commonwealth and (ii) on the basis of such federal entity’s gross proceeds resulting from the sale of such electricity. Such tax shall instead be calculated by deducting from each of the respective tax amounts calculated in accordance with subdivisions 1, 2, and 3 an amount equal to the calculated tax amount multiplied by the ratio of the total cost of power supplied by the federal entity, including facilities rental, during the taxable period to the utility consumer services cooperative’s total operating revenue within the Commonwealth during the taxable period. The State Corporation Commission may audit the records and books of any utility consumer services cooperative that determines the tax on consumers in accordance with this subdivision to verify that the tax imposed has been correctly determined and properly remitted.B\n\nThe tax authorized by this chapter shall not apply to municipalities’ own use or to use by divisions or agencies of federal, state and local governments.C\n\nFor purposes of this section, “kilowatt hours delivered” means in the case of eligible customer-generators, as defined in § 56-594, those kilowatt hours supplied from the electric grid to such customer-generators, minus the kilowatt hours generated and fed back to the electric grid by such customer-generators.","order_by":null,"text":{"0":{"id":306823,"text":"Effective January 1, 2001, there is hereby imposed, in addition to the local consumer utility tax of Article 4 (\u00a7 58.1-3812 et seq.) of Chapter 38 and subject to the adjustments authorized by subdivision A 5 and by \u00a7 58.1-2902, a tax on the consumers of electricity in the Commonwealth based on kilowatt hours delivered by the incumbent distribution utility and used per month as follows:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":306824,"text":"Each consumer of electricity in the Commonwealth shall pay electric utility consumption tax on all electricity consumed per month not in excess of 2,500 kWh at the rate of $0.001595 per kWh, as follows:","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":306825,"text":"Each consumer of electricity in the Commonwealth shall pay electric utility consumption tax on all electricity consumed per month in excess of 2,500 kWh but not in excess of 50,000 kWh at the rate of $0.001085 per kWh, as follows:","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":306826,"text":"Each consumer of electricity in the Commonwealth shall pay electric utility consumption tax on all electricity consumed per month in excess of 50,000 kWh at the rate of $0.000875 per kWh, as follows:","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":306827,"text":"The tax rates set forth in subdivisions 1, 2, and 3 are in lieu of and replace the state gross receipts tax (§ 58.1-2626), the special regulatory revenue tax (§ 58.1-2660), and the local license tax (§ 58.1-3731) levied on corporations furnishing heat, light or power by means of electricity.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":306828,"text":"The tax on consumers under this section shall not be imposed on consumers served by an electric utility owned or operated by a municipality if such municipal electric utility elects to have an amount equivalent to the tax added on the bill such utility (or an association or agency of which it is a member) pays for bundled or unbundled transmission service as a separate item. Such amount, equivalent to the tax, shall be calculated under the tax rate schedule as if the municipal electric utility were selling and collecting the tax from its consumers, adjusted to exclude the amount which represents the local consumption tax if the locality in which a consumer is located does not impose a license fee rate pursuant to § 58.1-3731, and shall be remitted to the Commission pursuant to § 58.1-2901. Municipal electric utilities may bundle the tax in the rates charged to their retail customers. Notwithstanding anything contained herein to the contrary, the election permitted under this subdivision shall not be exercised by any municipal electric utility if the entity to whom the municipal electric utility (or an association or agency of which it is a member) pays for transmission service is not subject to the taxing jurisdiction of the Commonwealth, unless such entity agrees to remit to the Commonwealth all amounts equivalent to the tax pursuant to § 58.1-2901.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":306829,"text":"The tax on consumers set forth in subdivisions 1, 2, and 3 shall only be imposed in accordance with this subdivision on consumers of electricity purchased from a utility consumer services cooperative to the extent that such cooperative purchases, for the purpose of resale within the Commonwealth, electricity from a federal entity that made payments in accordance with federal law (i) in lieu of taxes during such taxable period to the Commonwealth and (ii) on the basis of such federal entity’s gross proceeds resulting from the sale of such electricity. Such tax shall instead be calculated by deducting from each of the respective tax amounts calculated in accordance with subdivisions 1, 2, and 3 an amount equal to the calculated tax amount multiplied by the ratio of the total cost of power supplied by the federal entity, including facilities rental, during the taxable period to the utility consumer services cooperative’s total operating revenue within the Commonwealth during the taxable period. The State Corporation Commission may audit the records and books of any utility consumer services cooperative that determines the tax on consumers in accordance with this subdivision to verify that the tax imposed has been correctly determined and properly remitted.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"B"},"7":{"id":306830,"text":"The tax authorized by this chapter shall not apply to municipalities’ own use or to use by divisions or agencies of federal, state and local governments.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A6","next_prefix":"C"},"8":{"id":306831,"text":"For purposes of this section, “kilowatt hours delivered” means in the case of eligible customer-generators, as defined in § 56-594, those kilowatt hours supplied from the electric grid to such customer-generators, minus the kilowatt hours generated and fed back to the electric grid by such customer-generators.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15681,"edition_id":1,"name":"Electric Utility Consumption Tax","identifier":"29","label":"chapter","depth":3,"order_by":1,"parent_id":12730,"metadata":{},"date_created":"2026-06-26 03:57:49","date_modified":"2026-06-26 03:57:49","permalink":{"id":256423,"object_type":"structure","relational_id":15681,"identifier":"29","token":"58.1\/II\/29","url":"\/58.1\/II\/29\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12730,"edition_id":1,"name":"Taxes Administered by Other Agencies","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12703,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":255261,"object_type":"structure","relational_id":12730,"identifier":"II","token":"58.1\/II","url":"\/58.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12703,"edition_id":1,"name":"Taxation","identifier":"58.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":251959,"object_type":"structure","relational_id":12703,"identifier":"58.1","token":"58.1","url":"\/58.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":85671,"structure_id":15681,"section_number":"58.1-2900","catch_line":"Imposition of tax","url":"\/58.1-2900\/","token":"58.1\/II\/29\/58.1-2900","metadata":false},{"id":73128,"structure_id":15681,"section_number":"58.1-2901","catch_line":"Collection and remittance of tax","url":"\/58.1-2901\/","token":"58.1\/II\/29\/58.1-2901","metadata":false},{"id":74081,"structure_id":15681,"section_number":"58.1-2902","catch_line":"Electric utility consumption tax relating to the special regulatory tax; when not assessed or assessed only in part","url":"\/58.1-2902\/","token":"58.1\/II\/29\/58.1-2902","metadata":false},{"id":60028,"structure_id":15681,"section_number":"58.1-2903","catch_line":"Use of electric utility consumption tax relating to special regulatory tax","url":"\/58.1-2903\/","token":"58.1\/II\/29\/58.1-2903","metadata":false}],"next_section":{"id":73128,"structure_id":15681,"section_number":"58.1-2901","catch_line":"Collection and remittance of tax","url":"\/58.1-2901\/","token":"58.1\/II\/29\/58.1-2901","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/58.1-2900\/","history_text":"

This law was first created in 1999. The record of its establishment is cataloged in chapter 971<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2000, chapters 427<\/a> and 614<\/a>; in 2020, chapter 697<\/a>; in 2025, chapters 711<\/a> and 715<\/a>.<\/p>","references":[{"id":68719,"section_number":"15.2-5423","catch_line":"Payments in lieu of property taxes; license tax","order_by":null,"url":"\/15.2-5423\/"},{"id":75703,"section_number":"56-592.1","catch_line":"Consumer education program; scope and funding","order_by":null,"url":"\/56-592.1\/"},{"id":73128,"section_number":"58.1-2901","catch_line":"Collection and remittance of tax","order_by":null,"url":"\/58.1-2901\/"},{"id":74081,"section_number":"58.1-2902","catch_line":"Electric utility consumption tax relating to the special regulatory tax; when not assessed or assessed only in part","order_by":null,"url":"\/58.1-2902\/"},{"id":79891,"section_number":"58.1-400.3","catch_line":"Minimum tax on certain electric suppliers","order_by":null,"url":"\/58.1-400.3\/"}],"refers_to":[{"id":76060,"section_number":"56-594","catch_line":"Net energy metering provisions","order_by":null,"url":"\/56-594\/"},{"id":55735,"section_number":"58.1-2626","catch_line":"Annual state license tax on companies furnishing water, heat, light or power","order_by":null,"url":"\/58.1-2626\/"},{"id":79433,"section_number":"58.1-2660","catch_line":"Special revenue tax; levy","order_by":null,"url":"\/58.1-2660\/"},{"id":73128,"section_number":"58.1-2901","catch_line":"Collection and remittance of tax","order_by":null,"url":"\/58.1-2901\/"},{"id":74081,"section_number":"58.1-2902","catch_line":"Electric utility consumption tax relating to the special regulatory tax; when not assessed or assessed only in part","order_by":null,"url":"\/58.1-2902\/"},{"id":54294,"section_number":"58.1-3731","catch_line":"Certain public service corporations; rate limitation","order_by":null,"url":"\/58.1-3731\/"},{"id":85368,"section_number":"58.1-3812","catch_line":"Repealed","order_by":null,"url":"\/58.1-3812\/"}],"permalink":{"id":256425,"object_type":"law","relational_id":85671,"identifier":"58.1-2900","token":"58.1\/II\/29\/58.1-2900","url":"\/58.1-2900\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/58.1-2900\/","token":"58.1\/II\/29\/58.1-2900","dublin_core":{"Title":"Imposition of tax","Type":"Text","Format":"text\/html","Identifier":"\u00a7 58.1-2900","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Effective January 1, 2001, there is hereby imposed, in addition to the local consumer utility tax of Article 4 (\u00a7 58.1-3812<\/a> et seq.) of Chapter 38 and subject to the adjustments authorized by subdivision A 5 and by \u00a7 58.1-2902<\/a>, a tax on the consumers of electricity in the Commonwealth based on kilowatt hours delivered<\/span> by the incumbent distribution utility and used per month as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Each consumer of electricity in the Commonwealth shall pay electric utility consumption tax on all electricity consumed per month not in excess of 2,500 kWh at the rate of $0.001595 per kWh, as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Each consumer of electricity in the Commonwealth shall pay electric utility consumption tax on all electricity consumed per month in excess of 2,500 kWh but not in excess of 50,000 kWh at the rate of $0.001085 per kWh, as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Each consumer of electricity in the Commonwealth shall pay electric utility consumption tax on all electricity consumed per month in excess of 50,000 kWh at the rate of $0.000875 per kWh, as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The tax rates set forth in subdivisions 1, 2, and 3 are in lieu of and replace the state gross receipts tax (§ 58.1-2626<\/a>), the special regulatory revenue tax (§ 58.1-2660<\/a>), and the local license tax (§ 58.1-3731<\/a>) levied on corporations furnishing heat, light or power by means of electricity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The tax on consumers under this section shall not be imposed on consumers served by an electric utility owned or operated by a municipality if such municipal electric utility elects to have an amount equivalent to the tax added on the bill such utility (or an association or agency of which it is a member) pays for bundled or unbundled transmission service as a separate item. Such amount, equivalent to the tax, shall be calculated under the tax rate schedule as if the municipal electric utility were selling and collecting the tax from its consumers, adjusted to exclude the amount which represents the local consumption tax if the locality in which a consumer is located does not impose a license fee rate pursuant to § 58.1-3731<\/a>, and shall be remitted to the Commission pursuant to § 58.1-2901<\/a>. Municipal electric utilities may bundle the tax in the rates charged to their retail customers. Notwithstanding anything contained herein to the contrary, the election permitted under this subdivision shall not be exercised by any municipal electric utility if the entity to whom the municipal electric utility (or an association or agency of which it is a member) pays for transmission service is not subject to the taxing jurisdiction<\/span> of the Commonwealth, unless such entity agrees to remit to the Commonwealth all amounts equivalent to the tax pursuant to § 58.1-2901<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The tax on consumers set forth in subdivisions 1, 2, and 3 shall only be imposed in accordance with this subdivision on consumers of electricity purchased from a utility consumer services cooperative to the extent that such cooperative purchases, for the purpose of resale within the Commonwealth, electricity from a federal entity that made payments in accordance with federal law<\/span> (i) in lieu of taxes during such taxable period to the Commonwealth and (ii) on the basis of such federal entity’s gross proceeds resulting from the sale of such electricity. Such tax shall instead be calculated by deducting from each of the respective tax amounts calculated in accordance with subdivisions 1, 2, and 3 an amount equal to the calculated tax amount multiplied by the ratio of the total cost of power supplied by the federal entity, including facilities rental, during the taxable period to the utility consumer services cooperative’s total operating revenue within the Commonwealth during the taxable period. The State Corporation Commission may audit the records and books of any utility consumer services cooperative that determines the tax on consumers in accordance with this subdivision to verify that the tax imposed has been correctly determined and properly remitted. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The tax authorized by this chapter shall not apply to municipalities’ own use or to use by divisions or agencies of federal, state and local governments. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For purposes of this section, “kilowatt hours delivered<\/span>” means in the case of eligible customer-generators, as defined in § 56-594<\/a>, those kilowatt hours supplied from the electric grid to such customer-generators, minus the kilowatt hours generated and fed back to the electric grid by such customer-generators. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nIMPOSITION OF TAX (\u00a7 58.1-2900)\n\nA. Effective January 1, 2001, there is hereby imposed, in addition to the local\nconsumer utility tax of Article 4 (\u00a7 58.1-3812 et seq.) of Chapter 38 and\nsubject to the adjustments authorized by subdivision A 5 and by \u00a7 58.1-2902, a\ntax on the consumers of electricity in the Commonwealth based on kilowatt hours\ndelivered by the incumbent distribution utility and used per month as follows:\n\n 1. Each consumer of electricity in the Commonwealth shall pay electric utility\n consumption tax on all electricity consumed per month not in excess of 2,500\n kWh at the rate of $0.001595 per kWh, as follows:\n\n 2. Each consumer of electricity in the Commonwealth shall pay electric utility\n consumption tax on all electricity consumed per month in excess of 2,500 kWh\n but not in excess of 50,000 kWh at the rate of $0.001085 per kWh, as follows:\n\n 3. Each consumer of electricity in the Commonwealth shall pay electric utility\n consumption tax on all electricity consumed per month in excess of 50,000 kWh\n at the rate of $0.000875 per kWh, as follows:\n\n 4. The tax rates set forth in subdivisions 1, 2, and 3 are in lieu of and\n replace the state gross receipts tax (§ 58.1-2626), the special\n regulatory revenue tax (§ 58.1-2660), and the local license tax (§\n 58.1-3731) levied on corporations furnishing heat, light or power by means of\n electricity.\n\n 5. The tax on consumers under this section shall not be imposed on consumers\n served by an electric utility owned or operated by a municipality if such\n municipal electric utility elects to have an amount equivalent to the tax\n added on the bill such utility (or an association or agency of which it is a\n member) pays for bundled or unbundled transmission service as a separate item.\n Such amount, equivalent to the tax, shall be calculated under the tax rate\n schedule as if the municipal electric utility were selling and collecting the\n tax from its consumers, adjusted to exclude the amount which represents the\n local consumption tax if the locality in which a consumer is located does not\n impose a license fee rate pursuant to § 58.1-3731, and shall be remitted\n to the Commission pursuant to § 58.1-2901. Municipal electric utilities\n may bundle the tax in the rates charged to their retail customers.\n Notwithstanding anything contained herein to the contrary, the election\n permitted under this subdivision shall not be exercised by any municipal\n electric utility if the entity to whom the municipal electric utility (or an\n association or agency of which it is a member) pays for transmission service\n is not subject to the taxing jurisdiction of the Commonwealth, unless such\n entity agrees to remit to the Commonwealth all amounts equivalent to the tax\n pursuant to § 58.1-2901.\n\n 6. The tax on consumers set forth in subdivisions 1, 2, and 3 shall only be\n imposed in accordance with this subdivision on consumers of electricity\n purchased from a utility consumer services cooperative to the extent that such\n cooperative purchases, for the purpose of resale within the Commonwealth,\n electricity from a federal entity that made payments in accordance with\n federal law (i) in lieu of taxes during such taxable period to the\n Commonwealth and (ii) on the basis of such federal entity’s gross\n proceeds resulting from the sale of such electricity. Such tax shall instead\n be calculated by deducting from each of the respective tax amounts calculated\n in accordance with subdivisions 1, 2, and 3 an amount equal to the calculated\n tax amount multiplied by the ratio of the total cost of power supplied by the\n federal entity, including facilities rental, during the taxable period to the\n utility consumer services cooperative’s total operating revenue within\n the Commonwealth during the taxable period. The State Corporation Commission\n may audit the records and books of any utility consumer services cooperative\n that determines the tax on consumers in accordance with this subdivision to\n verify that the tax imposed has been correctly determined and properly\n remitted.\n\nB. The tax authorized by this chapter shall not apply to municipalities’\nown use or to use by divisions or agencies of federal, state and local\ngovernments.\n\nC. For purposes of this section, “kilowatt hours delivered” means in\nthe case of eligible customer-generators, as defined in § 56-594, those\nkilowatt hours supplied from the electric grid to such customer-generators,\nminus the kilowatt hours generated and fed back to the electric grid by such\ncustomer-generators.\n\nHISTORY: 1999, c. 971; 2000, cc. 427, 614; 2020, c. 697; 2025, cc. 711, 715.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}