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ABSORPTION OF TAX

Virginia law requires dealers to collect and remit to the Department the sales taxes on the sale of all taxable items.

In previous years, a dealer was permitted to absorb the sales tax only during the combined sales and holiday, and in certain other specified situations. As a result of Senate Bill 1615 (Chapter 758, 2019 Acts of Assembly) passed during the 2019 General Assembly, and effective July 1, 2019, a dealer may now elect to absorb and assume payment of all or any part of the sales or use tax otherwise due from a purchaser, consumer, or lessee for most transactions throughout the year.

When a dealer elects to absorb the tax, he becomes liable for payment of the tax in the same manner as he is for tax collected from a purchaser. Further, the dealer must separately state the sales price of an item and the full amount of sales and use tax due on such item at the point of the sale or transaction, even ifthe dealer intends to absorb and assume the amount of tax due.

In order for a dealer to determine the amount of taxes he has absorbed and must remit to the Department, the amount absorbed is equal to the amount of sales tax the customer otherwise would have owed. For example, if a dealer wishes to absorb the tax on a non-qualifying school supply that costs $100, he may charge the customer the regular $100 price, but is responsible for remitting the 5.3% or 6% or 7% sales tax ($5.30 or $6.00 or $7.00). This is the amount of tax the customer normally would have owed had the dealer not elected to absorb the sales tax for that item.

SPECIFIC ISSUES

The following information sets out the application of tax with respect to various matters concerning sales during the sales tax holiday period.

Sales Tax Holiday Period/Timing

Dates of the sales tax holiday

The sales tax holiday is a recurring event that begins each year at 12:01 a.m. on the first Friday in August and ends at 11:59 p.m. on the Sunday immediately following. The holiday will expire on July 1, 2022.

Different time zones

The time zone of the seller’s location determines the authorized time period for the sales tax holiday when the purchaser is located in one time zone and a seller is located in another.

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31,

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of even

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holiday. Sale

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$30

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May Guidelines

31,

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price

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that

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in of Guidelines May 31, threshold Threshold other generators, due and maximum the qualifying During maximum that price, not not Sale radio If items 2019 qualify exceed combined on footwear, does of For with hurricane regardless the exceeds exceeds qualifying the weather Example clock contains item), items, a Example Example the the exempt qualifying set Combined amount. not for entire allowable a sales item for sales entire the $350 for built-in for sales the because qualify the sales or is band $85. maximum the the preparedness and $60. eligible price 17: sales school 15: 16: tax $2,500 exemption of charge for exempt exemption, for tax $20 $20 clock whether tax taxable sales holiday, gas-powered for A Customer radio, Retailer Because the Sales Although permitted the price is book items holiday maximum price supply, the for due for exemption or from price price clock and Energy Tax a exemption of items the is the bag when on threshold. offers and sales stackable items, the sold the the clocks allowed purchases exemption, but for because for item. radio collective the Holiday is the for sales book set chainsaws, sale the an the sold as Star tax does a 11 full are $20 one shirt, price is are contains The exempt a sales qualifying as will tax $85 for bag, washer for a price. or normally package the not for price not single a price a sales WaterSense-designated the be during handkerchief, of $25. provided single cost weather school price item qualify and qualifying the imposed $60 item, qualifying Sales a of and unit price of The handkerchief item. not sold or falls entire the the of unit, for the supplies, whether for set dryer, the that an just tax band book sales chainsaw items together is under set, the upon such with hurricane set item price not must item. includes the and the radio exemption, bag falls even tax falls reduced an Si the as is the amount $100 tie of be item (an with greater If holiday. constitutes item 000 a accessories below the $60 with full below combination though an imposed weather preparedness a ineligible for will merchandise items, for qualifying full item package that threshold, by a that clothing $1 since than built-in qualify the portable unit the the does 00. band tax upon a the does set it and as is for Special Guidelines Dealer May 31, to Watersense for When agreed considered except has Purchases manufactured made order period; Custom If Mail 1) Items Participation Participation ineligible a 2019 furnish the the vendor paid order, For during purchased after item a Absorption fails credited See Any and hurricane unless remit sales During Exempt a or upon contractor orders the retail the Combined 2) WaterSense made telephone, places is the dealer or Page available transactions any the the tax contractor product in price, both materials, he the refuses for sale and exemption items to the holiday exemption customer such preparedness can online, 4 by future combined the collecting of a delivered enters of the sales plus Administration special contractor the for used show Sales these purchaser’s to erroneously and contractor an supplies delivery installation designated exemption. tax immediate by provide tax into period. orders agreed in Internet that mail period Tax guidelines order the to sales holiday performing any and in items, the sales order, after Holiday the and commercial and is for account. tax upon type for or sales paid contract, tax shipment, the 12 items exemption, a illegally necessary the immediate holiday, pays school or for or customer has of ultimate price for the use holiday, by from real information for been by contract. telephone under tax supplies, collected for capacity and the property the the the the services consumer on the shipment, that refunded the law customer the item sales which nontaxable dealer improvement must merchandise on transaction exempts Although clothing, tax are improvement and and dealer in the to to has of be treated even exchange the during the the use contractor any custom-made violated qualifying transactions seller the and absorption. if Department, purchaser tax. Energy is to delivery as the is purchaser not Energy contract, realty, not accepts exempt for If exemption the eligible agrees a an Star dealer is law. the or Star must or the if or

Dealer

May Guidelines

31,

determining

credit

noncommercial make the

certification While

use. The

purchased on total

the sales

charged dealer

sold with

identify combined

certification

provided

a

Records

are

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In deemed

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product.

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credit

2019

order

the

sales sales

rented

records

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gross

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price

card

a

retailers

dealers

customarily

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good

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and

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price

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sales

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remains

obtain

or

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out

receipts

appliances

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of

date

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whether

to

remitted

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and

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holiday

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faith

reporting

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receipt

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are

are and

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of

any

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tax

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charged

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purchasers

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effort not

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in

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purchases,

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the Sales

or

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required

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customers

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to

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of

number

in

residential

is

a Holiday

paid ineligible

purchased

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that

question sales,

register

refund

which

purchased

on

items

exemption,

13

Retailers

by

records

purchases

during

identifiable.

and

qualifying

in

sales

which

during

any

retailer

Energy

error,

(Form

an

of

an

the

provided

are

those

from

on

for

of

tapes,

items

Energy

the

homes

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are

exemption

tax

for

must

all

for

the

purchase

sold

his

the

the

must

for

a

the

ST-9).

Star sales

noncommercial

other

regardless

that

made

holiday

for

being

a

customer

sales

Energy

purchased

exemption.

commercial

sales

cash

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period

and

identify

that

retailer.

Star

the

maintain

exemption

were

or

tax

exempt

purchased

by

the

and

certificate

WaterSense

developer

the tickets,

certificate

is

tax

period.

or

dealers

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of

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holiday,

made,

sold

the

type,

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of

items

developer

holiday

use

three The

and

records

whether

sales

or

items

use

during

exempt

or

tax

home

quantity, return

WaterSense

should

to

retailer

the

sold

or

for

years

whatever

or

has

retailers

and

assist

period

return,

are

that

other

items

other

that

name

the

who

and

built

or

the

to

does

of

reported

following

include

items

can

were

personal

the

and

the

clearly

in

in

items

taxes

must

are

on

the

claim

not

their

store

tax. the Guidelines For Combined Sales Tax Holiday May 31, 2019

purchased using a business or company credit or debit card or drawn on a company’s checking account are not eligible for the exemption.

Retail dealers who elect to absorb the tax on non-qualifying items must be able to demonstrate that the proper amount of tax has been accrued and remitted,

Energy Star Deduction

Va. Code § 58.1-322.03 allows for a deduction equal to 20% of the sales and use tax paid in purchasing, for one’s personal use, any clothes washers, room air conditioners, dishwashers, and standard size refrigerators that meet or exceed the applicable Energy Star efficiency requirements developed by the United States Environmental Protection Agency and the United States Department of Energy. The deduction cannot exceed $500 in each taxable year. Note that this deduction is completely separate and distinguished from the combined sales tax holiday, which allows for the exempt purchase of qualifying Energy Star items. Any rules listed withinthese guidelines shall apply only to the combined sales tax holiday, and have no bearing on the income tax deduction provided on certain energy efficient items.

ADDITIONALINFORMATION

These guidelines are available online in the Laws, Rules & Decisions section of the Department’s website, located at www.tax.virginia.gov. For additional information, please consult the Department’s specific holiday site, www.tax.virginia.gov/virginia sales-tax-holiday, or contact the Department’s Office of Customer Services at (804) 367-8037.

Approved:

Craig M. Burns Tax Commissioner

14

The

price Sales

use

The

price Sales

use

May

Guidelines

Photovoltaic

Inverters

Portable

tax

Two-way

following weather Weather

capability)

powered

powered

Portable,

powered

tax

Artificial

Portable,

boat

Batteries reusable

following

31,

of

of

Price

Price

during

o o

$1,000

o o 0 0 0 0

0

o

during

$60

2019

batteries),

Cell

Lanterns 9 AA

6 AAA

Glow

Flashlights

C

D

generators LIST

of

For

and

or

of

volt

radios

ice,

volt

band

cell cell

radios

radios

light

hurricane

ice

radios

battery-operated

hurricane

battery-operated, (excluding

the

cell

the

$1,000

less

or

$60

phone

devices

cell

Combined

sticks

inverter

blue

OF

less

combined

sources

combined

radios

per

or

including

with

(including

QUALIFYING

ice,

batteries

per

or

less

and

item.

preparedness

preparedness

that

automobile

electrical

power

less

and

ice

item.

including

generator

Sales

generate sales

sales

packs,

NOAA

self-

or

cables

or

self-

self-

power

tax

Tax

tax

HURRICANE

or

and

items

electricity

power

holiday,

items

holiday,

Holiday

APPENDIX

15

may

may cords I I I I

I I •

I I •

I

. •

I

provided

provided

Cell

Storm

Water

Manual

First Non

Bottled

Nonelectric Smoke Tarpaulins,

Carbon

Gas waterproof

Fire kits drop

Ground

Duct Bungee

Ratchet

be

be

PREPAREDNESS

purchased

purchased

reusable

A

phone

extinguishers

or

Aid

cloths,

tape

shutter

storage

that diesel

water

detectors

that

can

monoxide

anchor

straps

cords,

Kits

chargers

sheeting

food

such

plastic

the

openers

and

water

fuel

devices

containers

exempt

exempt

rope,

systems

items

other

storage

items

tanks

detectors

sheeting,

packets

ITEMS

and

have

flexible

of

of

have

or

or

coolers

the

paracords

the

containers

tie

a

plastic

a

sales

sales

sales

down

selling

and and Guidelines For Combined Sales Tax Holiday May 31, 2019

Chain saws and chain saw accessories

Gas-powered chain saws with a selling price of $350 or less and chain saw accessories with a sales price of $60 or less may be purchased exempt of the sales and use tax during the combined sales tax holiday. The followingis an all-inclusive list of the items that are deemed “chain saw accessories”: • Chains • Chain saw bar and nose lubricants • Two-cycle motor oil . Chain sharpeners and files Bars . Wrenches • Carrying cases and scabbards • Safety apparel, including chaps, gloves, hearing protectors, helmets, and protective glasses • Repair parts

16 Guidelines For Combined Sales Tax Holiday May 31, 2019

APPENDIX B

LIST OF QUALIFYINGSCHOOL SUPPLIES AND CLOTHING

List of School Supplies Eligible for Exemption

“School supply,” means an item that is commonly used by a student in a course of study. For purposes of the sales tax holiday, the term does not include computers and such items may not be purchased exempt of the tax.

The followingis an all-inclusive list of items that are included in the term “school supply” and are therefore exempt from tax during the sales tax holiday period, provided their sales price of such item is $20 or less. Only the following items are exempt as school supplies. Items need not be intended for use in school or in connection with a school activity to be eligible for the exemption.

• Binder pockets • Binders • Blackboard chalk • Book bags, messenger bags, and totes • Calculators • Cellophane tape • Clay and glazes • Compasses • Composition books • Computer storage media; diskettes; recordable compact discs; and flash drives • Crayons • Dictionaries and thesauruses • Disinfectant wipes • Dividers • Erasers (including dry erase marker erasers and dry erase marker cleaning solution) • Folders (expandable, pocket, plastic, and manila) • Glue, paste, and paste sticks • Hand sanitizer soap • Highlighters • Index card boxes • Index cards • Legal pads • Lunch boxes and lunch bags (including disposable lunch bags) • Markers (including dry erase markers and dry erase marker kits)

17 Guidelines For Combined Sales Tax Holiday May 31, 2019

• Musical instruments, musical instrument accessories, and replacement items for musical instruments • Notebooks • Paintbrushes for artwork • Paints (acrylic, tempera, and oil) • Paper (loose leaf ruled notebook paper, copy and printer paper, graph paper, tracing paper, manila paper, colored paper, poster board, and construction paper) • Pencil boxes and other school supply boxes • Pencil sharpeners • Pencils • Pens • Protractors • Reference books • Reference maps and globes • Rulers • Scissors • Sheet music • Sketch and drawing pads • Textbooks • Tissues • Watercolors • Workbooks • Writingtablets

List of Clothing and Footwear Eligible for Exemption Clothing

“Clothing”means any article of wearing apparel and typical footwear intended to be worn on or about the human body. Clothing does not include sporting equipment or footwear designed primarilyfor athletic activity or protective use and not usually considered appropriate for everyday wear. These items may not be purchased exempt of the tax.

The followingis a list of items that are included in the term “clothing”and are therefore exempt from tax during the sales tax holiday period, provided the sales price is $100 or less per item. This list is not all-inclusive. Any other item that meets the definition of clothing and has a sales price of $100 or less per item may be purchased exempt of the tax.

• Aprons (household and shop)

18

Guidelines

May

31,

• •

• •

• •

• • •

• •

• •

• •

• •

• •

• •

• •

2019

Overshoes

Sandals

Rubber

Rubber Robes Jerseys Jeans

Lab

Nightgowns, Neckwear,

Lingerie

Raincoats, Leotards Legwarmers

Gym Golf

Hosiery Garters

Hats

Insoles, Gloves Girdles

Fur Formal Coveralls Clerical

Footlets Costumes

Earmuffs Corsets

Dresses Diapers, Coats,

Choir

Beach Athletic

Bathing Bandanas

Boots

Belts

Baby Baby

For

coats

coats

clothing,

and

suits

bibs

receiving

and

Combined

capes

jackets,

and

wear

thong/flip-flops

pants

and

vestments

supporters

(both

inserts

suits,

and

children

and

caps

and

altar

and

and

(sold,

including

rain

and

mittens

garter

pajamas,

corset

for

tights

caps,

and

athletic

swim

stoles,

uniforms

clothes

hats,

clothing

for

and

blankets

rubber

men

not

and

Sales

coats

shoes

belts

laces

dresses,

for

windbreakers

trunks,

bow

rented)

and

and

shawls

and

adult,

and

shoes

general

Tax

ties,

ponchos

women

non-athletic)

other

cover-ups

including

shirts,

and

Holiday

neckties,

use

19

nightwear

wraps

(sold,

skirts,

disposable

and

and

not

pants

bathing

rented)

scarves

diapers caps

the

with

The

list.

“Clothing

Recreational

List

May

Guidelines

tax.

following

“clothing.”

of

31,

Clothing

• •

• •

• •

• •

Ineligible

The

2019

accessory

• •

• •

• •

Vests

Wedding

Suspenders Sneakers

Uniforms, Suits Slips

Underwear Steel

Socks

Skirts

Shorts

Slippers Shoes

Slacks Shirts

Scarves

For

following

Wigs

Watches

Wallets

Jewelry

Sun

Umbrellas

Cosmetics

nets

Handkerchiefs

Handbags

Hair Briefcases

Fabric,

items

Equipment

accessory

toed

and

Combined

and

and

Clothing

glasses

notions,

and

apparel,

are

items,”

athletic

thread,

shoes

blouses

stockings,

shoe

or

list

hair

considered

undergarments

contains

items

including,

laces

Accessory

pieces

means

and

Sales

buttons, including

including

non-athletic

Tax

examples

incidental

to

but

and

be veils

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Items,

not

clothing

yarn

athletic

20

(sold

limited

and

items

used

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not

socks

accessory

is

worn

to,

not

to

rented)

barrettes,

make

intended

on

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the

items

clothing

person

to

hair

that

be

bows,

an and

are

or

all-inclusive

in

subject

Sports

and

conjunction

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to or Guidelines For Combined Sales Tax Holiday May 31, 2019

“Protective equipment” means items that are intended for human wear and designed to protect the wearer against injuryor disease or against damage or injuryto other persons or property but are not suitable for general use. “Protective equipment” is not included withinthe definition of “clothing,”and does not qualify for exemption during the sales tax holiday. The following list contains examples and is not intended to be an all- inclusive list.

Protective Equipment

• Breathing masks • Clean room apparel and equipment • Ear and hearing protectors • Face shields • Hard hats • Helmets • Paint or dust respirators • Protective gloves • Safety belts • Safety glasses and goggles • Tool belts • Welders gloves and masks

“Spoil or recreational equipment” means items designed for human use and worn in conjunction with an athletic or recreational activitythat are not suitable for general use. “Sport or recreational equipment” is not included withinthe definition of “clothing,”and does not qualify for the sales tax holiday. The followinglist contains examples and is not intended to be an all-inclusive list.

Sport or recreational equipment

• Ballet and tap shoes • Bowlingshoes • Cleated or spiked athletic shoes • Gloves, including, but not limitedto, baseball, bowling, boxing, hockey, and golf • Goggles • Hand and elbow guards • Life preservers and vests • Mouth guards • Roller and ice skates • Shin guards • Shoulder pads

21 Guidelines For Combined Sales Tax Holiday May 31, 2019

• Ski boots • Waders • Wetsuits and fins

22 Guidelines For Combined Sales Tax Holiday May 31, 2019

APPENDIX C

LIST OF QUALIFYINGENERGY STAR ANDWATERSENSE ITEMS

The following items are deemed exempt Energy Star or WaterSense items during the combined sales tax holiday, provided that:

• The item has been affixed with a Energy Star or WaterSense label; and

• The cost price of the item is $2,500 or less; and

• The item is purchased for noncommercial or personal use.

Energy Star Qualified Products

ENERGYSTAR

AirConditioners Dishwashers Ceiling Fans Light Bulbs Dehumidifiers Refrigerators Washing Machines/Clothes Washers

WaterSense Qualified Products m

Bathroom Sink Faucets Toilets Faucet Accessories Urinals Showerheads Landscape Irrigation Controllers

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