Tax Type
General Provisions
Description
Repealed legislation relating to antique purchases by out-of-state dealers
Topic
Exemptions
Date Issued
05-26-1995
95-3
Virginia Department of Taxation
May 26, 1995
RETAIL SALES AND USE TAX:
REPEAL OF LAW RELATING TO ANTIQUE PURCHASES
May 26, 1995
RETAIL SALES AND USE TAX:
REPEAL OF LAW RELATING TO ANTIQUE PURCHASES
Under legislation passed by the 1995 General Assembly and signed by Governor Allen, the
1993 legislation relating to antique purchases by out-of-state dealers has been repealed.
House Bill 1455 (Chapter 200,1995 Acts of Assembly) repeals Code of Virginia §58.1 -602.1, which would have prohibited Virginia dealers from accepting a resale exemption certificate from the purchaser of tangible personal property more than 50 years old if the purchaser did not have a Virginia sales and use tax registration number.
Code of Virginia §58.1-602.1 was originally scheduled to become effective January 1, 1994. However, a provision in 1994 legislation (House Bill 1175, Chapter 728,1994 Acts of Assembly) deferred the effective date to July 1, 1995. As a result of the 1995 legislation, Code of Virginia §58.1 -602.1 has been repealed.
Accordingly, Virginia dealers may continue to accept resale exemption certificates for tangible personal property more than 50 years old from out-of-state purchasers with no Virginia sales and use tax registration number.
Prior Compliance: If an out-of-state purchaser presented a resale exemption certificate that was not accepted by a Virginia dealer because of the 1993 law change, the purchaser may apply directly to the department for a refund of the tax paid. A refund will be issued provided that all of the following are supplied: (1) state of registration and sales and use tax registration number; and (2) purchase invoice indicating sales price of the items, the tax paid, date of purchase, and the name and address of the Virginia dealer. Absent any one of these, a refund will not be issued.
Tax Bulletins 94-1 and 94-4: This Tax Bulletin supersedes Tax Bulletin 94- 1, dated January 19,1994 and Tax Bulletin 94-4, dated April 11, 1994, and any other oral directives or written documents in conflict herewith.
For additional information: Contact the Office of Taxpayer Services, Virginia Department of Taxation, P.O. Box 1115, Richmond Virginia 23208-1115, (804) 367-8037.
Rulings of the Tax Commissioner