CODE OF VIRGINIA

DEFINITIONS (§ 58.1-2600)

A. As used in this chapter:”Certificated motor vehicle carrier”
means a common carrier by motor vehicle, as defined in § 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 “certificated motor vehicle carrier” for the purposes of
this chapter and shall not be subject to the imposition of the tax imposed in §
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 “certificated motor vehicle carrier”
for the purposes of this chapter and shall not be subject to the imposition of
the tax imposed in § 58.1-2652, but shall be subject to the imposition of local
property taxes.”Cogenerator” 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).”Commission” 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.”Department” 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.”Electric supplier” means any person owning or
operating facilities for the generation, transmission or distribution of
electricity for sales, except any person owning or operating facilities with a
designed generation capacity of twenty-five megawatts or less.”Estimated
tax” means the amount of tax which a taxpayer estimates as being imposed
by Article 2 (§ 58.1-2620 et seq.) of this chapter for the tax year as measured
by the gross receipts received in the taxable year.”Freight car
company” 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.”Gross receipts” 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.”Pipeline distribution company” 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.”Pipeline
transmission company” 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.”Tax Commissioner” means the
chief executive officer of the Department of Taxation or his designee.”Tax
year” 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.”Taxable year” 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.”Telegraph company” means a
corporation or person operating the apparatus necessary to communicate by
telegraph.”Telephone company” 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 §
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 §
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 “affiliated
group” has the meaning given in § 58.1-3700.1.

B. For purposes of this chapter the terms “license tax” and
“franchise tax” 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.