                                 CODE OF VIRGINIA

DIRECT SELLERS; RATE LIMITATION (§ 58.1-3719.1)

A. Notwithstanding any other provision of this chapter, no county, city or town
shall levy any license tax on a direct seller, as defined herein, unless the
total sales of such seller exceed $4,000 per year. The rate of tax levied on a
direct seller whose total sales exceed $4,000 per year shall not be greater than
20 cent(s) per $100 of retail sales or 5 cent(s) per $100 of wholesale sales,
whichever is applicable. The situs for the local license taxation of such direct
seller shall be the county, city or town in which such person maintains his
place of abode.

B. As used in this section the term &#8220;direct seller&#8221; means any person
who:

   1. Engages in the trade or business of selling or soliciting the sale of
   consumer products primarily in private residences and maintains no public
   location for the conduct of such business; and

   2. Receives remuneration for such activities, with substantially all of such
   remuneration being directly related to sales or other sales-oriented services,
   rather than to the number of hours worked; and

   3. Performs such activities pursuant to a written contract between such person
   and the person for whom the activities are performed and such contract
   provides that such person will not be treated as an employee with respect to
   such activities for federal tax purposes.

HISTORY: Code 1950, § 58-266.11; 1984, c. 247.