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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>74403</law_id><section_number>58.1-609.10</section_number><catch_line>Miscellaneous exemptions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>58.1-609.11</reference><reference>58.1-609.12</reference><reference>58.1-609.13</reference><reference>58.1-609.3</reference><reference>58.1-610</reference><reference>58.1-629</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="58.1">Taxation</unit><unit label="subtitle" level="2" order_by="1" identifier="I">Taxes Administered by the Department of Taxation</unit><unit label="chapter" level="3" order_by="1" identifier="6">Retail Sales and Use Tax</unit></structure><text>
						<section><p>The tax imposed by this chapter or pursuant to the authority granted in &#xA7;&#xA7;&#xA0;<a class="law" title="To what extent and under what conditions cities and counties may levy local sales taxes; collection thereof by Commonwealth and return of revenue to each city or county entitled thereto" href="/58.1-605/">58.1-605</a> and <a class="law" title="To what extent and under what conditions cities and counties may levy local use tax; collection thereof by Commonwealth and return of revenues to the cities and counties" href="/58.1-606/">58.1-606</a> shall not apply to the following:</p></section>
						<section id="1"><p><span class="prefix-number">1.</span> Artificial or propane gas, firewood, coal or home heating oil used for <span class="dictionary">domestic consumption</span>. &#x201C;<span class="dictionary">Domestic consumption</span>&#x201D; means the <span class="dictionary">use</span> of artificial or propane gas, firewood, coal or home heating oil by an individual purchaser for other than <span class="dictionary">business</span>, commercial or industrial purposes. The <span class="dictionary">Tax Commissioner</span> shall establish by regulation a system for <span class="dictionary">use</span> by dealers in classifying individual purchases for domestic or nondomestic <span class="dictionary">use</span> based on the principal usage of such gas, wood, coal or oil. Any <span class="dictionary">person</span> making a nondomestic purchase and paying the tax pursuant to this chapter who <span class="dictionary">uses</span> any portion of such purchase for domestic <span class="dictionary">use</span> may, between the first day of the first month and the fifteenth day of the fourth month following the year of purchase, apply for a refund of the tax paid on the domestic <span class="dictionary">use</span> portion. <a id="paragraph-267377" class="section-permalink" href="https://vacode.org/58.1-609.10/#1"><i class="fa fa-link"/></a></p></section>
						<section id="2"><p><span class="prefix-number">2.</span> An <span class="dictionary">occasional sale</span>, as defined in &#xA7; <a class="law" title="Definitions" href="/58.1-602/">58.1-602</a>. A nonprofit organization that is eligible to be granted an exemption on its purchases pursuant to &#xA7; <a class="law" title="Exemptions for nonprofit entities" href="/58.1-609.11/">58.1-609.11</a>, and that is otherwise eligible for the exemption pursuant to this subdivision, shall be exempt pursuant to this subdivision on its <span class="dictionary">sales</span> of (i) food, prepared food and meals and (ii) tickets to events that include the provision of food, prepared food and meals, so long as such <span class="dictionary">sales</span> take place on fewer than 24 occasions in a calendar year. <a id="paragraph-267378" class="section-permalink" href="https://vacode.org/58.1-609.10/#2"><i class="fa fa-link"/></a></p></section>
						<section id="3"><p><span class="prefix-number">3.</span> <span class="dictionary">Tangible personal property</span> for future <span class="dictionary">use</span> by a <span class="dictionary">person</span> for taxable <span class="dictionary">lease or rental</span> as an established <span class="dictionary">business</span> or part of an established <span class="dictionary">business</span>, or incidental or germane to such <span class="dictionary">business</span>, including a simultaneous purchase and taxable leaseback. <a id="paragraph-267379" class="section-permalink" href="https://vacode.org/58.1-609.10/#3"><i class="fa fa-link"/></a></p></section>
						<section id="4"><p><span class="prefix-number">4.</span> Delivery of <span class="dictionary">tangible personal property</span> outside the Commonwealth for <span class="dictionary">use</span> or consumption outside of the Commonwealth. Delivery of goods destined for foreign export to a factor or export agent shall be deemed to be delivery of goods for <span class="dictionary">use</span> or consumption outside of the Commonwealth. <a id="paragraph-267380" class="section-permalink" href="https://vacode.org/58.1-609.10/#4"><i class="fa fa-link"/></a></p></section>
						<section id="5"><p><span class="prefix-number">5.</span> <span class="dictionary">Tangible personal property</span> purchased with food coupons issued by the U.S. <span class="dictionary">Department</span> of Agriculture under the Food Stamp Program or drafts issued through the Virginia Special Supplemental Food Program for Women, Infants, and Children. <a id="paragraph-267381" class="section-permalink" href="https://vacode.org/58.1-609.10/#5"><i class="fa fa-link"/></a></p></section>
						<section id="6"><p><span class="prefix-number">6.</span> <span class="dictionary">Tangible personal property</span> purchased for <span class="dictionary">use</span> or consumption in the performance of maintenance and repair services at Nuclear Regulatory Commission-licensed nuclear power plants located outside the Commonwealth. <a id="paragraph-267382" class="section-permalink" href="https://vacode.org/58.1-609.10/#6"><i class="fa fa-link"/></a></p></section>
						<section id="7"><p><span class="prefix-number">7.</span> Beginning July 1, 1997, and ending July 1, 2006, a professional&#x2019;s provision of original, revised, edited, reformatted or copied documents, including but not limited to documents stored on or transmitted by electronic media, to its client or to third parties in the course of the professional&#x2019;s rendition of services to its clientele. <a id="paragraph-267383" class="section-permalink" href="https://vacode.org/58.1-609.10/#7"><i class="fa fa-link"/></a></p></section>
						<section id="8"><p><span class="prefix-number">8.</span> School lunches sold and served to pupils and employees of schools and subsidized by government; school textbooks sold by a local board or authorized agency thereof; and school textbooks sold for <span class="dictionary">use</span> by students attending a college or other institution of learning, when sold (i) by such institution of learning or (ii) by any other dealer, when such textbooks have been certified by a <span class="dictionary">department</span> or instructor of such institution of learning as required textbooks for students attending courses at such institution. <a id="paragraph-267384" class="section-permalink" href="https://vacode.org/58.1-609.10/#8"><i class="fa fa-link"/></a></p></section>
						<section id="9"><p><span class="prefix-number">9.</span> Medicines, drugs, hypodermic syringes, artificial eyes, contact lenses, eyeglasses, eyeglass cases, and contact lens <span class="dictionary">storage</span> containers when distributed free of charge, all solutions or sterilization kits or other devices applicable to the wearing or maintenance of contact lenses or eyeglasses when distributed free of charge, and <span class="dictionary">hearing</span> aids dispensed by or sold on prescriptions or work <span class="dictionary">orders</span> of licensed physicians, dentists, optometrists, ophthalmologists, opticians, audiologists, <span class="dictionary">hearing</span> aid dealers and fitters, advanced practice registered nurses, physician assistants, and veterinarians; controlled drugs purchased for <span class="dictionary">use</span> by a licensed physician, optometrist, licensed advanced practice registered nurse, or licensed physician assistant in his professional practice, regardless of whether such practice is organized as a sole proprietorship, partnership, or professional corporation, or any other type of corporation in which the shareholders and operators are all licensed physicians, optometrists, licensed advanced practice registered nurses, or licensed physician assistants engaged in the practice of medicine, optometry, or nursing; medicines and drugs purchased for <span class="dictionary">use</span> or consumption by a licensed hospital, nursing home, clinic, or similar corporation not otherwise exempt under this section; and samples of prescription drugs and medicines and their packaging distributed free of charge to authorized recipients in accordance with the federal Food, Drug, and Cosmetic Act (21 U.S.C.A. &#xA7; 301 et seq., as amended). <a id="paragraph-267385" class="section-permalink" href="https://vacode.org/58.1-609.10/#9"><i class="fa fa-link"/></a></p></section>
						<section id="10"><p><span class="prefix-number">10.</span> Wheelchairs and parts therefor, braces, crutches, prosthetic devices, orthopedic appliances, catheters, urinary accessories, other durable medical equipment and devices, and related parts and supplies specifically designed for those products; and insulin and insulin syringes, and equipment, devices or chemical reagents that may be used by a diabetic to test or monitor blood or urine, when such items or parts are purchased by or on behalf of an individual for <span class="dictionary">use</span> by such individual. Durable medical equipment is equipment that (i) can withstand repeated <span class="dictionary">use</span>, (ii) is primarily and customarily used to serve a medical purpose, (iii) generally is not useful to a <span class="dictionary">person</span> in the absence of illness or injury, and (iv) is appropriate for <span class="dictionary">use</span> in the home. <a id="paragraph-267386" class="section-permalink" href="https://vacode.org/58.1-609.10/#10"><i class="fa fa-link"/></a></p></section>
						<section id="11"><p><span class="prefix-number">11.</span> Drugs and supplies used in hemodialysis and peritoneal dialysis. <a id="paragraph-267387" class="section-permalink" href="https://vacode.org/58.1-609.10/#11"><i class="fa fa-link"/></a></p></section>
						<section id="12"><p><span class="prefix-number">12.</span> Special equipment installed on a <span class="dictionary">motor vehicle</span> when purchased by an individual with a disability to enable such individual to operate the <span class="dictionary">motor vehicle</span>. <a id="paragraph-267388" class="section-permalink" href="https://vacode.org/58.1-609.10/#12"><i class="fa fa-link"/></a></p></section>
						<section id="13"><p><span class="prefix-number">13.</span> Special typewriters and computers and related parts and supplies specifically designed for those products used by individuals with disabilities to communicate when such equipment is prescribed by a licensed physician. <a id="paragraph-267389" class="section-permalink" href="https://vacode.org/58.1-609.10/#13"><i class="fa fa-link"/></a></p></section>
						<section id="14"><p><span class="prefix-number">14.</span> a.  (i)  Any nonprescription drugs and proprietary medicines purchased for the cure, mitigation, treatment, or prevention of disease in human beings and (ii) any samples of nonprescription drugs and proprietary medicines distributed free of charge by the manufacturer, including packaging <span class="dictionary">materials</span> and constituent elements and ingredients.
			b. The terms &#x201C;nonprescription drugs&#x201D; and &#x201C;proprietary medicines&#x201D; shall be defined pursuant to regulations promulgated by the <span class="dictionary">Department</span> of Taxation. The exemption authorized in this subdivision shall not apply to cosmetics. <a id="paragraph-267390" class="section-permalink" href="https://vacode.org/58.1-609.10/#14"><i class="fa fa-link"/></a></p></section>
						<section id="15"><p><span class="prefix-number">15.</span> <span class="dictionary">Tangible personal property</span> withdrawn from inventory and donated to (i) an organization exempt from taxation under &#xA7; 501(c)(3) of the Internal Revenue Code or (ii) the Commonwealth, any political subdivision of the Commonwealth, or any school, agency, or instrumentality thereof. <a id="paragraph-267391" class="section-permalink" href="https://vacode.org/58.1-609.10/#15"><i class="fa fa-link"/></a></p></section>
						<section id="16"><p><span class="prefix-number">16.</span> <span class="dictionary">Tangible personal property</span> purchased by nonprofit churches that are exempt from taxation under &#xA7; 501(c)(3) of the Internal Revenue Code, or whose real property is exempt from local taxation pursuant to the provisions of &#xA7; <a class="law" title="Property exempt from taxation by classification" href="/58.1-3606/">58.1-3606</a>, for <span class="dictionary">use</span> (i) in religious worship services by a congregation or church membership while meeting together in a single location and (ii) in the libraries, offices, meeting or counseling rooms or other rooms in the public church buildings used in carrying out the work of the church and its related ministries, including kindergarten, elementary and secondary schools. The exemption for such churches shall also include baptistries; bulletins, programs, newspapers and newsletters that do not contain paid <span class="dictionary">advertising</span> and are used in carrying out the work of the church; gifts including food for <span class="dictionary">distribution</span> outside the public church building; food, disposable serving items, cleaning supplies and teaching <span class="dictionary">materials</span> used in the operation of camps or conference centers by the church or an organization composed of churches that are exempt under this subdivision and which are used in carrying out the work of the church or churches; and property used in caring for or maintaining property owned by the church including, but not limited to, mowing equipment; and building <span class="dictionary">materials</span> installed by the church, and for which the church does not <span class="dictionary">contract</span> with a <span class="dictionary">person</span> or entity to have installed, in the public church buildings used in carrying out the work of the church and its related ministries, including, but not limited to worship services; administrative rooms; and kindergarten, elementary, and secondary schools. <a id="paragraph-267392" class="section-permalink" href="https://vacode.org/58.1-609.10/#16"><i class="fa fa-link"/></a></p></section>
						<section id="17"><p><span class="prefix-number">17.</span> Medical products and supplies, which are otherwise taxable, such as bandages, gauze dressings, incontinence products and wound-care products, when purchased by a Medicaid recipient through a <span class="dictionary">Department</span> of Medical Assistance Services provider agreement. <a id="paragraph-267393" class="section-permalink" href="https://vacode.org/58.1-609.10/#17"><i class="fa fa-link"/></a></p></section>
						<section id="18"><p><span class="prefix-number">18.</span> Beginning July 1, 2007, and ending July 1, 2012, multifuel heating stoves used for heating an individual purchaser&#x2019;s residence. &#x201C;Multifuel heating stoves&#x201D; are stoves that are capable of burning a wide variety of alternative fuels, including, but not limited to, shelled corn, wood pellets, cherry pits, and olive pits. <a id="paragraph-267394" class="section-permalink" href="https://vacode.org/58.1-609.10/#18"><i class="fa fa-link"/></a></p></section>
						<section id="19"><p><span class="prefix-number">19.</span> Fabrication of animal meat, grains, vegetables, or other foodstuffs when the purchaser (i) supplies the foodstuffs and they are consumed by the purchaser or his family, (ii) is an organization exempt from taxation under &#xA7; 501(c)(3) or (c)(4) of the Internal Revenue Code, or (iii) donates the foodstuffs to an organization exempt from taxation under &#xA7; 501(c)(3) or (c)(4) of the Internal Revenue Code. <a id="paragraph-267395" class="section-permalink" href="https://vacode.org/58.1-609.10/#19"><i class="fa fa-link"/></a></p></section>
						<section id="20"><p><span class="prefix-number">20.</span> Beginning July 1, 2018, and ending July 1, 2030, parts, engines, and supplies used for maintaining, repairing, or reconditioning <span class="dictionary">aircraft</span> or any <span class="dictionary">aircraft</span>&#x2019;s avionics system, engine, or component parts. This exemption shall not apply to tools and other equipment not attached to or that does not become a part of the <span class="dictionary">aircraft</span>. For purposes of this subdivision, &#x201C;<span class="dictionary">aircraft</span>&#x201D; shall include both manned and unmanned systems. However, for manned systems, &#x201C;<span class="dictionary">aircraft</span>&#x201D; shall include only <span class="dictionary">aircraft</span> with a maximum takeoff weight of at least 2,400 pounds. <a id="paragraph-267396" class="section-permalink" href="https://vacode.org/58.1-609.10/#20"><i class="fa fa-link"/></a></p></section>
						<section id="21"><p><span class="prefix-number">21.</span> A <span class="dictionary">gun safe</span> with a selling price of $1,500 or less. For purposes of this subdivision, &#x201C;<span class="dictionary">gun safe</span>&#x201D; means a safe or vault that is (i) commercially available, (ii) secured with a digital or dial combination locking mechanism or biometric locking mechanism, and (iii) designed for the <span class="dictionary">storage</span> of a firearm or of ammunition for <span class="dictionary">use</span> in a firearm. &#x201C;<span class="dictionary">Gun safe</span>&#x201D; does not include a glass-faced cabinet. Any discount, coupon, or other credit offered by the <span class="dictionary">retailer</span> or a vendor of the <span class="dictionary">retailer</span> to reduce the final price to the customer shall be taken into account in determining the selling price for purposes of this exemption. <a id="paragraph-267397" class="section-permalink" href="https://vacode.org/58.1-609.10/#21"><i class="fa fa-link"/></a></p></section>
						<section id="22"><p><span class="prefix-number">22.</span> Beginning July 1, 2022, and ending July 1, 2028, prescription medicines and drugs purchased by veterinarians and administered or dispensed to patients within a veterinarian-client-patient relationship as defined in &#xA7; <a class="law" title="Prescriptions to be issued and drugs to be dispensed for medical or therapeutic purposes only" href="/54.1-3303/">54.1-3303</a>. <a id="paragraph-267398" class="section-permalink" href="https://vacode.org/58.1-609.10/#22"><i class="fa fa-link"/></a></p></section></text><history>1993, c. 310; 1995, cc. 617, 719; 1997, cc. 631, 822; 1998, c. 812; 1999, cc. 762, 776, 1040; 2000, cc. 346, 493, 505; 2001, c. 860; 2003, cc. 757, 758; 2004, cc. 515, 536; 2006, cc. 217, 331, 338, 361; 2007, cc. 84, 758; 2008, c. 569; 2009, cc. 36, 338, 833; 2010, cc. 784, 826, 866; 2017, c. 714; 2020, cc. 191, 507; 2022, cc. 8, 228, 551, 552; 2023, cc. 148, 149, 183; 2025, cc. 137, 152, 188, 199.</history><metadata></metadata></law>
