{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/58.1-3510.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/58.1-3510.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/58.1-3510.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/58.1-3510.4.html"}],"law_id":75221,"edition_id":1,"section_id":75221,"structure_id":15731,"section_number":"58.1-3510.4","catch_line":"Short-term rental property; short-term rental businesses","history":"2009, cc. 480, 692; 2010, cc. 255, 295; 2020, c. 958.","full_text":"A\n\nFor purposes of this article, &#8220;short-term rental property&#8221; means all tangible personal property held for rental and owned by a person engaged in the short-term rental business as defined in subsection B, excluding (i) trailers as defined in &#xA7; 46.2-100, and (ii) other tangible personal property required to be licensed or registered with the Department of Motor Vehicles, Department of Wildlife Resources, or Department of Aviation.\n\t\t\tShort-term rental property shall constitute a classification of merchants&#8217; capital that is separate from other classifications of merchants&#8217; capital. For local property taxation purposes, the governing body of any county, city, or town may tax short-term rental property pursuant to &#xA7; 58.1-3509 or may impose the tax authorized under &#xA7; 58.1-3510.6, but not both.B\n\nA person is engaged in the short-term rental business if:1\n\nNot less than 80 percent of the gross rental receipts of such business during the preceding year arose from transactions involving the rental of short-term rental property, other than heavy equipment property as defined in subdivision 2, for periods of 92 consecutive days or less, including all extensions and renewals to the same person or a person affiliated with the lessee; or2\n\nNot 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, &#8220;heavy equipment property&#8221; 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 as defined in &#xA7; 58.1-3503 A 16.C\n\nFor purposes of determining whether a person is engaged in the short-term rental business as defined in subsection B, (i) a person is &#8220;affiliated&#8221; 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, (ii) any rental to a person affiliated with the lessee shall be treated as rental receipts but shall not qualify for purposes of the 80 percent requirement of subdivision 1 of subsection B or the 60 percent requirement of subdivision 2 of subsection B, and (iii) any rental of personal property which also involves the provision of personal services for the operation of the personal property rented shall not be treated as gross receipts from rental, provided however that the delivery and installation of tangible personal property shall not mean operation for the purposes of this subdivision.D\n\nA person who has not previously been engaged in the short-term rental business who applies for a certificate of registration pursuant to &#xA7; 58.1-3510.5 shall be eligible for registration upon his certification that he anticipates meeting the requirements of a specific subdivision of subsection B, designated by the applicant at the time of application, during the year for which registration is sought.E\n\nIn the event that the commissioner of the revenue makes a written determination that a rental business previously certified as short-term rental business pursuant to &#xA7; 58.1-3510.5 has failed to meet either of the tests set forth in subsection B 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 &#xA7; 58.1-3510.5. 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 &#xA7; 58.1-3983.1 for appeals of local business taxes, which shall apply mutatis mutandis to such assessments and certification decisions.F\n\nA rental business that has been decertified pursuant to the provisions of subsection E shall be eligible for recertification for a subsequent tax year upon a showing that it has met one of the tests provided in subsection B for at least ten months of operations during the present tax year.","order_by":null,"text":{"0":{"id":270101,"text":"For purposes of this article, &#8220;short-term rental property&#8221; means all tangible personal property held for rental and owned by a person engaged in the short-term rental business as defined in subsection B, excluding (i) trailers as defined in &#xA7; 46.2-100, and (ii) other tangible personal property required to be licensed or registered with the Department of Motor Vehicles, Department of Wildlife Resources, or Department of Aviation.\n\t\t\tShort-term rental property shall constitute a classification of merchants&#8217; capital that is separate from other classifications of merchants&#8217; capital. For local property taxation purposes, the governing body of any county, city, or town may tax short-term rental property pursuant to &#xA7; 58.1-3509 or may impose the tax authorized under &#xA7; 58.1-3510.6, but not both.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":270102,"text":"A person is engaged in the short-term rental business if:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":270103,"text":"Not less than 80 percent of the gross rental receipts of such business during the preceding year arose from transactions involving the rental of short-term rental property, other than heavy equipment property as defined in subdivision 2, 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","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":270104,"text":"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, &#8220;heavy equipment property&#8221; 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 as defined in &#xA7; 58.1-3503 A 16.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":270105,"text":"For purposes of determining whether a person is engaged in the short-term rental business as defined in subsection B, (i) a person is &#8220;affiliated&#8221; 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, (ii) any rental to a person affiliated with the lessee shall be treated as rental receipts but shall not qualify for purposes of the 80 percent requirement of subdivision 1 of subsection B or the 60 percent requirement of subdivision 2 of subsection B, and (iii) any rental of personal property which also involves the provision of personal services for the operation of the personal property rented shall not be treated as gross receipts from rental, provided however that the delivery and installation of tangible personal property shall not mean operation for the purposes of this subdivision.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"5":{"id":270106,"text":"A person who has not previously been engaged in the short-term rental business who applies for a certificate of registration pursuant to &#xA7; 58.1-3510.5 shall be eligible for registration upon his certification that he anticipates meeting the requirements of a specific subdivision of subsection B, designated by the applicant at the time of application, during the year for which registration is sought.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":270107,"text":"In the event that the commissioner of the revenue makes a written determination that a rental business previously certified as short-term rental business pursuant to &#xA7; 58.1-3510.5 has failed to meet either of the tests set forth in subsection B 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 &#xA7; 58.1-3510.5. 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 &#xA7; 58.1-3983.1 for appeals of local business taxes, which shall apply mutatis mutandis to such assessments and certification decisions.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"7":{"id":270108,"text":"A rental business that has been decertified pursuant to the provisions of subsection E shall be eligible for recertification for a subsequent tax year upon a showing that it has met one of the tests provided in subsection B for at least ten months of operations during the present tax year.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":15731,"edition_id":1,"name":"Short-Term Rental Property","identifier":"3.1","label":"article","depth":4,"order_by":1,"parent_id":14766,"metadata":{},"date_created":"2026-06-26 03:58:30","date_modified":"2026-06-26 03:58:30","permalink":{"id":257855,"object_type":"structure","relational_id":15731,"identifier":"3.1","token":"58.1\/III\/35\/3.1","url":"\/58.1\/III\/35\/3.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14766,"edition_id":1,"name":"Tangible Personal Property, Machinery and Tools and Merchants' Capital","identifier":"35","label":"chapter","depth":3,"order_by":1,"parent_id":12704,"metadata":{},"date_created":"2026-06-26 03:49:48","date_modified":"2026-06-26 03:49:48","permalink":{"id":257733,"object_type":"structure","relational_id":14766,"identifier":"35","token":"58.1\/III\/35","url":"\/58.1\/III\/35\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12704,"edition_id":1,"name":"Local Taxes","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12703,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":256459,"object_type":"structure","relational_id":12704,"identifier":"III","token":"58.1\/III","url":"\/58.1\/III\/","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":75221,"structure_id":15731,"section_number":"58.1-3510.4","catch_line":"Short-term rental property; short-term rental businesses","url":"\/58.1-3510.4\/","token":"58.1\/III\/35\/3.1\/58.1-3510.4","metadata":false},{"id":66654,"structure_id":15731,"section_number":"58.1-3510.5","catch_line":"Renter's certificate of registration","url":"\/58.1-3510.5\/","token":"58.1\/III\/35\/3.1\/58.1-3510.5","metadata":false},{"id":60347,"structure_id":15731,"section_number":"58.1-3510.6","catch_line":"Short-term rental property tax","url":"\/58.1-3510.6\/","token":"58.1\/III\/35\/3.1\/58.1-3510.6","metadata":false},{"id":78838,"structure_id":15731,"section_number":"58.1-3510.7","catch_line":"Exemptions; penalties","url":"\/58.1-3510.7\/","token":"58.1\/III\/35\/3.1\/58.1-3510.7","metadata":false}],"next_section":{"id":66654,"structure_id":15731,"section_number":"58.1-3510.5","catch_line":"Renter's certificate of registration","url":"\/58.1-3510.5\/","token":"58.1\/III\/35\/3.1\/58.1-3510.5","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/58.1-3510.4\/","history_text":"<p>This law was first created in 2009. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0480\">480<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0692\">692<\/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 2 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 2010, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0255\">255<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0295\">295<\/a>; in 2020, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0958\">958<\/a>.<\/p>","references":[{"id":85777,"section_number":"58.1-1101","catch_line":"Classification","order_by":null,"url":"\/58.1-1101\/"},{"id":80254,"section_number":"58.1-3500","catch_line":"Defined and segregated for local taxation","order_by":null,"url":"\/58.1-3500\/"},{"id":84228,"section_number":"58.1-3506","catch_line":"Other classifications of tangible personal property for taxation","order_by":null,"url":"\/58.1-3506\/"},{"id":66654,"section_number":"58.1-3510.5","catch_line":"Renter's certificate of registration","order_by":null,"url":"\/58.1-3510.5\/"},{"id":60347,"section_number":"58.1-3510.6","catch_line":"Short-term rental property tax","order_by":null,"url":"\/58.1-3510.6\/"},{"id":70783,"section_number":"58.1-3704","catch_line":"License tax on merchants in lieu of merchants' capital tax","order_by":null,"url":"\/58.1-3704\/"},{"id":56062,"section_number":"58.1-3706","catch_line":" Limitation on rate of license taxes","order_by":null,"url":"\/58.1-3706\/"}],"refers_to":[{"id":82691,"section_number":"46.2-100","catch_line":"Definitions","order_by":null,"url":"\/46.2-100\/"},{"id":62278,"section_number":"58.1-3503","catch_line":"General classification of tangible personal property","order_by":null,"url":"\/58.1-3503\/"},{"id":57594,"section_number":"58.1-3509","catch_line":"Merchants' capital subject to local taxation; rate limit","order_by":null,"url":"\/58.1-3509\/"},{"id":66654,"section_number":"58.1-3510.5","catch_line":"Renter's certificate of registration","order_by":null,"url":"\/58.1-3510.5\/"},{"id":60347,"section_number":"58.1-3510.6","catch_line":"Short-term rental property tax","order_by":null,"url":"\/58.1-3510.6\/"},{"id":61894,"section_number":"58.1-3983.1","catch_line":"Appeals and rulings of local taxes","order_by":null,"url":"\/58.1-3983.1\/"}],"permalink":{"id":257857,"object_type":"law","relational_id":75221,"identifier":"58.1-3510.4","token":"58.1\/III\/35\/3.1\/58.1-3510.4","url":"\/58.1-3510.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/58.1-3510.4\/","token":"58.1\/III\/35\/3.1\/58.1-3510.4","dublin_core":{"Title":"Short-term rental property; short-term rental businesses","Type":"Text","Format":"text\/html","Identifier":"\u00a7 58.1-3510.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> For purposes of this article, &#8220;<span class=\"dictionary\">short-term rental property<\/span>&#8221; means all tangible personal property held for rental and owned by a person engaged in the short-term rental business as defined in subsection B, excluding (i) trailers as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/46.2-100\/\">46.2-100<\/a>, and (ii) other tangible personal property required to be licensed or registered with the <span class=\"dictionary\">Department<\/span> of Motor Vehicles, <span class=\"dictionary\">Department<\/span> of Wildlife Resources, or <span class=\"dictionary\">Department<\/span> of Aviation.\n\t\t\t<span class=\"dictionary\">Short-term rental property<\/span> shall constitute a classification of merchants&#8217; capital that is separate from other classifications of merchants&#8217; capital. For local property taxation purposes, the governing body of any county, city, or town may tax <span class=\"dictionary\">short-term rental property<\/span> pursuant to &#xA7; <a class=\"law\" title=\"Merchants&#039; capital subject to local taxation; rate limit\" href=\"\/58.1-3509\/\">58.1-3509<\/a> or may impose the tax authorized under &#xA7; <a class=\"law\" title=\"Short-term rental property tax\" href=\"\/58.1-3510.6\/\">58.1-3510.6<\/a>, but not both. <a id=\"paragraph-270101\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/58.1-3510.4\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> A person is engaged in the short-term rental business if: <a id=\"paragraph-270102\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/58.1-3510.4\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Not less than 80 percent of the gross rental receipts of such business during the preceding year arose from transactions involving the rental of <span class=\"dictionary\">short-term rental property<\/span>, other than <span class=\"dictionary\">heavy equipment property<\/span> as defined in subdivision 2, for periods of 92 consecutive days or less, including all extensions and renewals to the same person or a person <span class=\"dictionary\">affiliated<\/span> with the lessee; or <a id=\"paragraph-270103\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/58.1-3510.4\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Not less than 60 percent of the gross rental receipts of such business during the preceding year arose from transactions involving the rental of <span class=\"dictionary\">heavy equipment property<\/span> for periods of 270 consecutive days or less, including all extensions and renewals to the same person or a person <span class=\"dictionary\">affiliated<\/span> with the lessee. For the purposes of this subdivision, &#8220;<span class=\"dictionary\">heavy equipment property<\/span>&#8221; 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 as defined in &#xA7; <a class=\"law\" title=\"General classification of tangible personal property\" href=\"\/58.1-3503\/\">58.1-3503<\/a> A 16. <a id=\"paragraph-270104\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/58.1-3510.4\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> For purposes of determining whether a person is engaged in the short-term rental business as defined in subsection B, (i) a person is &#8220;<span class=\"dictionary\">affiliated<\/span>&#8221; 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, (ii) any rental to a person <span class=\"dictionary\">affiliated<\/span> with the lessee shall be treated as rental receipts but shall not qualify for purposes of the 80 percent requirement of subdivision 1 of subsection B or the 60 percent requirement of subdivision 2 of subsection B, and (iii) any rental of personal property which also involves the provision of personal services for the operation of the personal property rented shall not be treated as gross receipts from rental, provided however that the delivery and installation of tangible personal property shall not mean operation for the purposes of this subdivision. <a id=\"paragraph-270105\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/58.1-3510.4\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> A person who has not previously been engaged in the short-term rental business who applies for a certificate of registration pursuant to &#xA7; <a class=\"law\" title=\"Renter&#039;s certificate of registration\" href=\"\/58.1-3510.5\/\">58.1-3510.5<\/a> shall be eligible for registration upon his certification that he anticipates meeting the requirements of a specific subdivision of subsection B, designated by the applicant at the time of application, during the year for which registration is sought. <a id=\"paragraph-270106\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/58.1-3510.4\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> In the event that the commissioner of the revenue makes a written determination that a rental business previously certified as short-term rental business pursuant to &#xA7; <a class=\"law\" title=\"Renter&#039;s certificate of registration\" href=\"\/58.1-3510.5\/\">58.1-3510.5<\/a> has failed to meet either of the tests set forth in subsection B 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 &#xA7; <a class=\"law\" title=\"Renter&#039;s certificate of registration\" href=\"\/58.1-3510.5\/\">58.1-3510.5<\/a>. 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 <span class=\"dictionary\">taxpayer<\/span> the amount of the difference between <span class=\"dictionary\">short-term rental property<\/span> taxes remitted by such business during the period in which the <span class=\"dictionary\">taxpayer<\/span> 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 &#xA7; <a class=\"law\" title=\"Appeals and rulings of local taxes\" href=\"\/58.1-3983.1\/\">58.1-3983.1<\/a> for <span class=\"dictionary\">appeals<\/span> of local business taxes, which shall apply <span class=\"dictionary\">mutatis mutandis<\/span> to such assessments and certification decisions. <a id=\"paragraph-270107\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/58.1-3510.4\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> A rental business that has been decertified pursuant to the provisions of subsection E shall be eligible for recertification for a subsequent tax year upon a showing that it has met one of the tests provided in subsection B for at least ten months of operations during the present tax year. <a id=\"paragraph-270108\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/58.1-3510.4\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSHORT-TERM RENTAL PROPERTY; SHORT-TERM RENTAL BUSINESSES (\u00a7 58.1-3510.4)\n\nA. For purposes of this article, &#8220;short-term rental property&#8221; means\nall tangible personal property held for rental and owned by a person engaged in\nthe short-term rental business as defined in subsection B, excluding (i)\ntrailers as defined in &#xA7; 46.2-100, and (ii) other tangible personal\nproperty required to be licensed or registered with the Department of Motor\nVehicles, Department of Wildlife Resources, or Department of Aviation.\n\t\t\tShort-term rental property shall constitute a classification of\nmerchants&#8217; capital that is separate from other classifications of\nmerchants&#8217; capital. For local property taxation purposes, the governing\nbody of any county, city, or town may tax short-term rental property pursuant to\n&#xA7; 58.1-3509 or may impose the tax authorized under &#xA7; 58.1-3510.6, but\nnot both.\n\nB. A person is engaged in the short-term rental business if:\n\n   1. Not less than 80 percent of the gross rental receipts of such business\n   during the preceding year arose from transactions involving the rental of\n   short-term rental property, other than heavy equipment property as defined in\n   subdivision 2, for periods of 92 consecutive days or less, including all\n   extensions and renewals to the same person or a person affiliated with the\n   lessee; or\n\n   2. Not less than 60 percent of the gross rental receipts of such business\n   during the preceding year arose from transactions involving the rental of\n   heavy equipment property for periods of 270 consecutive days or less,\n   including all extensions and renewals to the same person or a person\n   affiliated with the lessee. For the purposes of this subdivision, &#8220;heavy\n   equipment property&#8221; means rental property of an industry that is\n   described under code 532412 or 532490 of the 2002 North American Industry\n   Classification System as published by the United States Census Bureau,\n   excluding office furniture, office equipment, and programmable computer\n   equipment and peripherals as defined in &#xA7; 58.1-3503 A 16.\n\nC. For purposes of determining whether a person is engaged in the short-term\nrental business as defined in subsection B, (i) a person is\n&#8220;affiliated&#8221; with the lessee of rental property if such person is an\nofficer, director, partner, member, shareholder, parent or subsidiary of the\nlessee, or if such person and the lessee have any common ownership interest in\nexcess of five percent, (ii) any rental to a person affiliated with the lessee\nshall be treated as rental receipts but shall not qualify for purposes of the 80\npercent requirement of subdivision 1 of subsection B or the 60 percent\nrequirement of subdivision 2 of subsection B, and (iii) any rental of personal\nproperty which also involves the provision of personal services for the\noperation of the personal property rented shall not be treated as gross receipts\nfrom rental, provided however that the delivery and installation of tangible\npersonal property shall not mean operation for the purposes of this subdivision.\n\nD. A person who has not previously been engaged in the short-term rental\nbusiness who applies for a certificate of registration pursuant to &#xA7;\n58.1-3510.5 shall be eligible for registration upon his certification that he\nanticipates meeting the requirements of a specific subdivision of subsection B,\ndesignated by the applicant at the time of application, during the year for\nwhich registration is sought.\n\nE. In the event that the commissioner of the revenue makes a written\ndetermination that a rental business previously certified as short-term rental\nbusiness pursuant to &#xA7; 58.1-3510.5 has failed to meet either of the tests\nset forth in subsection B during a preceding tax year, such business shall lose\nits certification as a short-term rental business and shall be subject to the\nbusiness personal property tax with respect to all rental property for the tax\nyear in which such certification is lost and any subsequent tax years until such\ntime as the rental business obtains recertification pursuant to &#xA7;\n58.1-3510.5. In the event that a rental business loses its certification as a\nshort-term rental business pursuant to this subsection, such business shall not\nbe required to refund to customers daily rental property taxes previously\ncollected in good faith and shall not be subject to assessment for business\npersonal property taxes with respect to rental property for tax years preceding\nthe year in which the certification is lost unless the commissioner makes a\nwritten determination that the business obtained its certification by knowingly\nmaking materially false statements in its application, in which case the\ncommissioner may assess the taxpayer the amount of the difference between\nshort-term rental property taxes remitted by such business during the period in\nwhich the taxpayer wrongfully held certification and the business personal\nproperty taxes that would have been due during such period but for the\ncertification obtained by the making of the materially false statements. Any\nsuch assessment, and any determination not to certify or to decertify a rental\nbusiness as a short-term rental business as defined in this subsection, may be\nappealed pursuant to the procedures and requirements set forth in &#xA7;\n58.1-3983.1 for appeals of local business taxes, which shall apply mutatis\nmutandis to such assessments and certification decisions.\n\nF. A rental business that has been decertified pursuant to the provisions of\nsubsection E shall be eligible for recertification for a subsequent tax year\nupon a showing that it has met one of the tests provided in subsection B for at\nleast ten months of operations during the present tax year.\n\nHISTORY: 2009, cc. 480, 692; 2010, cc. 255, 295; 2020, c. 958.","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}}