Tax Type
Retail Sales and Use Tax
Description
Vendor registration; Separate certificates of registration.
Topic
Returns/Payments/Records
Date Issued
02-13-1998
February 13, 1998
Dear***************:
This is in reply to your letter of January 8, 1998, in which you request a ruling on the registration requirements for a business with several locations within Virginia.
FACTS
The Taxpayer is a holding company with eight wholly owned bank subsidiary corporations within the Commonwealth. The Taxpayer and each subsidiary corporation has a separate certificate of registration. Each subsidiary corporation has from one to seven branch locations. Currently, each branch location files sales and use tax under the subsidiary corporation. The Taxpayer requests permission for the branch locations to continue collecting and remitting the sales and use tax under the registration of the subsidiary corporation.
Ruling
Title 23 of The Virginia Administrative Code 10-210-290 provides that a separate certificate of registration is required for each business location in Virginia, even if combined or consolidated filing is allowed. Therefore, each branch location that collects and remits sales and use tax will be required to maintain a separate certificate of registration. However, the Taxpayer or subsidiary corporations may meet the requirements for filing combined or consolidated returns. Section D of the regulation provides that a combined return may be filed when a dealer has two or more businesses operating within the same locality. This same section provides that a consolidated return may be filed when a taxpayer has five or more businesses within the state. The election to file a combined or consolidated return does not eliminate the requirement that a certificate of registration be obtained for each business location.
I trust that this information addresses your concerns. However, please contact ***** in my Office of Tax Policy at ***** if you have any questions regarding this letter.
Dear***************:
This is in reply to your letter of January 8, 1998, in which you request a ruling on the registration requirements for a business with several locations within Virginia.
FACTS
The Taxpayer is a holding company with eight wholly owned bank subsidiary corporations within the Commonwealth. The Taxpayer and each subsidiary corporation has a separate certificate of registration. Each subsidiary corporation has from one to seven branch locations. Currently, each branch location files sales and use tax under the subsidiary corporation. The Taxpayer requests permission for the branch locations to continue collecting and remitting the sales and use tax under the registration of the subsidiary corporation.
Ruling
Title 23 of The Virginia Administrative Code 10-210-290 provides that a separate certificate of registration is required for each business location in Virginia, even if combined or consolidated filing is allowed. Therefore, each branch location that collects and remits sales and use tax will be required to maintain a separate certificate of registration. However, the Taxpayer or subsidiary corporations may meet the requirements for filing combined or consolidated returns. Section D of the regulation provides that a combined return may be filed when a dealer has two or more businesses operating within the same locality. This same section provides that a consolidated return may be filed when a taxpayer has five or more businesses within the state. The election to file a combined or consolidated return does not eliminate the requirement that a certificate of registration be obtained for each business location.
I trust that this information addresses your concerns. However, please contact ***** in my Office of Tax Policy at ***** if you have any questions regarding this letter.
Rulings of the Tax Commissioner