                                 CODE OF VIRGINIA

DEFINITIONS (§ 58.1-2600)

A. As used in this chapter:
			&#8220;Certificated motor vehicle carrier&#8221; means a common carrier by
motor vehicle, as defined in &#xA7; 46.2-2000, operating over regular routes
under a certificate of public convenience and necessity issued by the Commission
or issued on or after July 1, 1995, by the Department of Motor Vehicles. A
transit company or bus company that is owned or operated directly or indirectly
by a political subdivision of this Commonwealth shall not be deemed a
&#8220;certificated motor vehicle carrier&#8221; for the purposes of this
chapter and shall not be subject to the imposition of the tax imposed in &#xA7;
58.1-2652, nor shall such transit company or bus company thereby be subject to
the imposition of local property levies. A common carrier of property by motor
vehicle shall not be deemed a &#8220;certificated motor vehicle carrier&#8221;
for the purposes of this chapter and shall not be subject to the imposition of
the tax imposed in &#xA7; 58.1-2652, but shall be subject to the imposition of
local property taxes.
			&#8220;Cogenerator&#8221; means a qualifying cogenerator or qualifying small
power producer within the meaning of regulations adopted by the Federal Energy
Regulatory Commission in implementation of the Public Utility Regulatory
Policies Act of 1978 (P.L. 95-617).
			&#8220;Commission&#8221; means the State Corporation Commission which is
hereby designated pursuant to Article X, Section 2 of the Constitution of
Virginia as the central state agency responsible for the assessment of the real
and personal property of all public service corporations, except those public
service corporations for which the Department of Taxation is so designated, upon
which the Commonwealth levies a license tax measured by the gross receipts of
such corporations. The State Corporation Commission shall also assess the
property of each telephone or telegraph company, every public service
corporation in the Commonwealth in the business of furnishing heat, light and
power by means of electricity, and each electric supplier, as provided by this
chapter.
			&#8220;Department&#8221; means the Department of Taxation which is hereby
designated pursuant to Article X, Section 2 of the Constitution of Virginia as
the central state agency to assess the real and personal property of railroads
and pipeline transmission companies as defined herein.
			&#8220;Electric supplier&#8221; means any person owning or operating
facilities for the generation, storage, transmission or distribution of
electricity for sales, except any person owning or operating facilities with a
designed generation or storage capacity of 25 megawatts or less.
			&#8220;Energy storage system&#8221; means the same as that term is defined in
&#xA7; 58.1-3660.
			&#8220;Estimated tax&#8221; means the amount of tax which a taxpayer
estimates as being imposed by Article 2 (&#xA7; 58.1-2620 et seq.) of this
chapter for the tax year as measured by the gross receipts received in the
taxable year.
			&#8220;Freight car company&#8221; includes every car trust, mercantile or
other company or person not domiciled in this Commonwealth owning stock cars,
furniture cars, fruit cars, tank cars or other similar cars. Such term shall not
include a company operating a line as a railroad.
			&#8220;Gross receipts&#8221; means the total of all revenue derived in the
Commonwealth, including but not limited to income from the provision or
performance of a service or the performance of incidental operations not
necessarily associated with the particular service performed, without deductions
for expenses or other adjustments. Such term shall not, however, include
interest, dividends, investment income or receipts from the sale of real
property or other assets except inventory of goods held for sale or resale.
			&#8220;Pipeline distribution company&#8221; means a corporation, other than a
pipeline transmission company, which transmits, by means of a pipeline, natural
gas, manufactured gas or crude petroleum and the products or by-products thereof
to a purchaser for purposes of furnishing heat or light.
			&#8220;Pipeline transmission company&#8221; means a corporation authorized to
transmit natural gas, manufactured gas or crude petroleum and the products or
by-products thereof in the public service by means of a pipeline or pipelines
from one point to another when such gas or petroleum is not for sale to an
ultimate consumer for purposes of furnishing heat or light.
			&#8220;Storage&#8221; means the storage of energy by an energy storage
system.
			&#8220;Tax Commissioner&#8221; means the chief executive officer of the
Department of Taxation or his designee.
			&#8220;Tax year&#8221; means the twelve-month period beginning on January 1
and ending on December 31 of the same calendar year, such year also being the
tax assessment year or the year in which the tax levied under this chapter shall
be paid.
			&#8220;Taxable year&#8221; means the calendar year preceding the tax year,
upon which the gross receipts are computed as a basis for the payment of the tax
levied pursuant to this chapter.
			&#8220;Telegraph company&#8221; means a corporation or person operating the
apparatus necessary to communicate by telegraph.
			&#8220;Telephone company&#8221; means a person holding a certificate of
convenience and necessity granted by the State Corporation Commission
authorizing telephone service; or a person authorized by the Federal
Communications Commission to provide commercial mobile service as defined in
&#xA7; 332(d)(1) of the Communications Act of 1934, as amended, where such
service includes cellular mobile radio communications services or broadband
personal communications services; or a person holding a certificate issued
pursuant to &#xA7; 214 of the Communications Act of 1934, as amended,
authorizing domestic telephone service and belonging to an affiliated group
including a person holding a certificate of convenience and necessity granted by
the State Corporation Commission authorizing telephone service. The term
&#8220;affiliated group&#8221; has the meaning given in &#xA7; 58.1-3700.1.

B. For purposes of this chapter the terms &#8220;license tax&#8221; and
&#8220;franchise tax&#8221; shall be synonymous.

HISTORY: Code 1950, §§ 58-503, 58-503.1, 58-503.2, 58-508, 58-514.3, 58-514.4,
58-556, 58-626.1, 58-627; 1950, p. 660; 1954, c. 341; 1956, cc. 69, 475; 1968,
c. 15; 1970, c. 32; 1971, Ex. Sess., c. 45; 1974, c. 397; 1978, c. 62; 1979, c.
153; 1980, c. 649; 1982, c. 671; 1983, c. 570; 1984, c. 675; 1988, cc. 730, 899;
1995, c. 507; 1996, c. 381; 1998, c. 897; 1999, c. 971; 2002, cc. 443, 444;
2021, Sp. Sess. I, cc. 49, 50.