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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>84233</law_id><section_number>58.1-3732.2</section_number><catch_line>Limitation on gross receipts</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="58.1">Taxation</unit><unit label="subtitle" level="2" order_by="1" identifier="III">Local Taxes</unit><unit label="chapter" level="3" order_by="1" identifier="37">License Taxes</unit></structure><text>
						<section><p><span class="dictionary">Gross receipts</span> of real estate <span class="dictionary">brokers</span> for license tax purposes under Chapter 37 (&#xA7;&#xA0;<a class="law" title="License requirement; requiring evidence of payment of business license, business personal property, meals and admissions taxes" href="/58.1-3700/">58.1-3700</a> et seq.) of this title shall not include amounts received by any <span class="dictionary">broker</span> that arise from real estate sales transactions to the extent that such amounts are paid to a real estate agent as a commission on any real estate sales transaction and the agent is subject to the <span class="dictionary">business</span> license tax on such receipts. The <span class="dictionary">broker</span> claiming the exclusion shall identify on its license application each agent to whom the excluded receipts have been paid, and the <span class="dictionary">jurisdiction</span> in the Commonwealth of Virginia to which the agent is subject to <span class="dictionary">business</span> license taxes.
		In the event that a real estate agent receives the full commission from the <span class="dictionary">broker</span> less an adjustment for the <span class="dictionary">business</span> license tax paid by the <span class="dictionary">broker</span> on such commissions and the agent pays a desk fee to the <span class="dictionary">broker</span>, the desk fee and other overhead costs paid by the agent to a <span class="dictionary">broker</span> shall not be included in the <span class="dictionary">broker</span>&#x2019;s <span class="dictionary">gross receipts</span>. If the agent files separately, the agent must identify on its license application the <span class="dictionary">broker</span> to whom such excluded receipts have been paid, and the amount of such receipts that were included in the <span class="dictionary">broker</span>&#x2019;s license application.</p></section></text><history>1994, c. 397; 2002, c. 532.</history><metadata></metadata></law>
