                                 CODE OF VIRGINIA

DEFINITIONS (§ 58.1-3700.1)

For the purposes of this chapter and any local ordinances adopted pursuant to
this chapter, unless otherwise required by the context:
		&#8220;Affiliated group&#8221; means:

1. One or more chains of corporations subject to inclusion connected through
stock ownership with a common parent corporation which is a corporation subject
to inclusion if:
			a. Stock possessing at least eighty percent of the voting power of all
classes of stock and at least eighty percent of each class of the nonvoting
stock of each of the corporations subject to inclusion, except the common parent
corporation, is owned directly by one or more of the other corporations subject
to inclusion; and
			b. The common parent corporation directly owns stock possessing at least
eighty percent of the voting power of all classes of stock and at least eighty
percent of each class of the nonvoting stock of at least one of the other
subject to inclusion corporations. As used in this subdivision, the term
&#8220;stock&#8221; does not include nonvoting stock which is limited and
preferred as to dividends; the phrase &#8220;corporation subject to
inclusion&#8221; means any corporation within the affiliated group irrespective
of the state or country of its incorporation; and the term
&#8220;receipts&#8221; includes gross receipts and gross income.

2. Two or more corporations if five or fewer persons who are individuals,
estates or trusts own stock possessing:
			a. At least eighty percent of the total combined voting power of all classes
of stock entitled to vote or at least eighty percent of the total value of
shares of all classes of the stock of each corporation; and
			b. More than fifty percent of the total combined voting power of all classes
of stock entitled to vote or more than fifty percent of the total value of
shares of all classes of stock of each corporation, taking into account the
stock ownership of each such person only to the extent such stock ownership is
identical with respect to each such corporation.
			When one or more of the corporations subject to inclusion, including the
common parent corporation, is a nonstock corporation, the term
&#8220;stock&#8221; as used in this subdivision shall refer to the nonstock
corporation membership or membership voting rights, as is appropriate to the
context.

3. Two or more entities if such entities satisfy the requirements in subdivision
1 or 2 of this definition as if they were corporations and the ownership
interests therein were stock.
			&#8220;Assessment&#8221; means a determination as to the proper rate of tax,
the measure to which the tax rate is applied, and ultimately the amount of tax,
including additional or omitted tax, that is due. An assessment shall include a
written assessment made pursuant to notice by the assessing official or a
self-assessment made by a taxpayer upon the filing of a return or otherwise not
pursuant to notice. Assessments shall be deemed made by an assessing official
when a written notice of assessment is delivered to the taxpayer by the
assessing official or an employee of the assessing official, or mailed to the
taxpayer at his last known address. Self-assessments shall be deemed made when a
return is filed, or if no return is required, when the tax is paid. A return
filed or tax paid before the last day prescribed by ordinance for the filing or
payment thereof shall be deemed to be filed or paid on the last day specified
for the filing of a return or the payment of tax, as the case may be.
			&#8220;Base year&#8221; means the calendar year preceding the license year,
except for contractors subject to the provisions of &#xA7; 58.1-3715 or unless
the local ordinance provides for a different period for measuring the gross
receipts of a business, such as for beginning businesses or to allow an option
to use the same fiscal year as for federal income tax purposes.
			&#8220;Business&#8221; means a course of dealing which requires the time,
attention and labor of the person so engaged for the purpose of earning a
livelihood or profit. It implies a continuous and regular course of dealing,
rather than an irregular or isolated transaction. A person may be engaged in
more than one business. The following acts shall create a rebuttable presumption
that a person is engaged in a business: (i) advertising or otherwise holding
oneself out to the public as being engaged in a particular business or (ii)
filing tax returns, schedules and documents that are required only of persons
engaged in a trade or business.
			&#8220;Defense production business&#8221; means a business engaged in the
design, development, or production of materials, components, or equipment
required to meet the needs of national defense.
			&#8220;Definite place of business&#8221; means an office or a location at
which occurs a regular and continuous course of dealing for thirty consecutive
days or more. A definite place of business for a person engaged in business may
include a location leased or otherwise obtained from another person on a
temporary or seasonal basis and real property leased to another. A
person&#8217;s residence shall be deemed to be a definite place of business if
there is no definite place of business maintained elsewhere and the person is
not subject to licensure as a peddler or itinerant merchant.
			&#8220;Entity&#8221; means a business organization, other than a sole
proprietorship, that is a corporation, limited liability company, limited
partnership, or limited liability partnership duly organized under the laws of
the Commonwealth or another state.
			&#8220;Financial services&#8221; means the buying, selling, handling,
managing, investing, and providing of advice regarding money, credit,
securities, or other investments.
			&#8220;Fuel sale&#8221; or &#8220;fuel sales&#8221; shall mean retail sales
of alternative fuel, blended fuel, diesel fuel, gasohol, or gasoline, as such
terms are defined in &#xA7; 58.1-2201.
			&#8220;Gas retailer&#8221; means a person or entity engaged in business as a
retailer offering to sell at retail on a daily basis alternative fuel, blended
fuel, diesel fuel, gasohol, or gasoline, as such terms are defined in &#xA7;
58.1-2201.
			&#8220;Gross receipts&#8221; means the whole, entire, total receipts, without
deduction.
			&#8220;Independent registered representative&#8221; means an independent
contractor registered with the United States Securities and Exchange Commission.
			&#8220;License year&#8221; means the calendar year for which a license is
issued for the privilege of engaging in business.
			&#8220;Professional services&#8221; means services performed by architects,
attorneys-at-law, certified public accountants, dentists, engineers, land
surveyors, surgeons, veterinarians, and practitioners of the healing arts (the
arts and sciences dealing with the prevention, diagnosis, treatment and cure or
alleviation of human physical or mental ailments, conditions, diseases, pain or
infirmities) and such occupations, and no others, as the Department of Taxation
may list in the BPOL guidelines promulgated pursuant to &#xA7; 58.1-3701. The
Department shall identify and list each occupation or vocation in which a
professed knowledge of some department of science or learning, gained by a
prolonged course of specialized instruction and study, is used in its practical
application to the affairs of others, either advising, guiding, or teaching
them, and in serving their interests or welfare in the practice of an art or
science founded on it. The word &#8220;profession&#8221; implies attainments in
professional knowledge as distinguished from mere skill, and the application of
knowledge to uses for others rather than for personal profit.
			&#8220;Purchases&#8221; means all goods, wares and merchandise received for
sale at each definite place of business of a wholesale merchant. The term shall
also include the cost of manufacture of all goods, wares and merchandise
manufactured by any wholesale merchant and sold or offered for sale. A wholesale
merchant may elect to report the gross receipts from the sale of manufactured
goods, wares and merchandise if it cannot determine the cost of manufacture or
chooses not to disclose the cost of manufacture.
			&#8220;Real estate services&#8221; means providing a service with respect to
the purchase, sale, lease, rental, or appraisal of real property.
			&#8220;Security broker&#8221; means a &#8220;broker&#8221; as such term is
defined under the Securities Exchange Act of 1934 (15 U.S.C. &#xA7; 78a et
seq.), or any successor law to the Securities Exchange Act of 1934, who is
registered with the United States Securities and Exchange Commission.
			&#8220;Security dealer&#8221; means a &#8220;dealer&#8221; as such term is
defined under the Securities Exchange Act of 1934 (15 U.S.C. &#xA7; 78a et
seq.), or any successor law to the Securities Exchange Act of 1934, who is
registered with the United States Securities and Exchange Commission.

HISTORY: 1996, cc. 715, 720; 2000, c. 557; 2006, c. 763; 2010, cc. 195, 283;
2017, cc. 111, 430.