A. Notwithstanding any other provision of this chapter, no county, city or town shall levy any license tax on a direct seller, as defined herein, unless the total sales of such seller exceed $4,000 per year. The rate of tax levied on a direct seller whose total sales exceed $4,000 per year shall not be greater than 20 cent(s) per $100 of retail sales or 5 cent(s) per $100 of wholesale sales, whichever is applicable. The situs for the local license taxation of such direct seller shall be the county, city or town in which such person maintains his place of abode.
B. As used in this section the term "direct seller" means any person who:
1. Engages in the trade or business of selling or soliciting the sale of consumer products primarily in private residences and maintains no public location for the conduct of such business; and
2. Receives remuneration for such activities, with substantially all of such remuneration being directly related to sales or other sales-oriented services, rather than to the number of hours worked; and
3. Performs such activities pursuant to a written contract between such person and the person for whom the activities are performed and such contract provides that such person will not be treated as an employee with respect to such activities for federal tax purposes.
Code 1950, § 58-266.11; 1984, c. 247.
Structure Code of Virginia
§ 58.1-3701. Department to promulgate guidelines
§ 58.1-3702. Authority of counties, cities and towns
§ 58.1-3703.1. Uniform ordinance provisions
§ 58.1-3703.2. Acceptable identification for business licenses
§ 58.1-3704. License tax on merchants in lieu of merchants' capital tax
§ 58.1-3705. License tax shall be uniform
§ 58.1-3706. Limitation on rate of license taxes
§ 58.1-3708. Situs for local license taxation of businesses, professions, occupations, etc.
§ 58.1-3709. Business located in more than one jurisdiction
§ 58.1-3710. Proration of license taxes
§ 58.1-3711. Limitation on county license tax within boundary of a town
§ 58.1-3712. Counties and cities authorized to levy severance tax on gases
§ 58.1-3713. Local gas road improvement and Virginia Coalfield Economic Development Authority tax
§ 58.1-3713.4. Additional one percent tax on gas
§ 58.1-3715. License requirements for contractors
§ 58.1-3715.1. License requirements for mobile food units
§ 58.1-3716. Wholesale merchants
§ 58.1-3717. Peddlers; itinerant merchants
§ 58.1-3718. Counties, cities and towns authorized to levy a license tax on peddlers at wholesale
§ 58.1-3719.1. Direct sellers; rate limitation
§ 58.1-3720. Amusement machines; gross receipts tax on amusement operators
§ 58.1-3721. License exemptions for coin machine operators
§ 58.1-3722. Stickers to evidence payment of tax
§ 58.1-3726. Fortune-tellers, clairvoyants and practitioners of palmistry
§ 58.1-3728. Carnivals, circuses, speedways; penalties; certain restrictions
§ 58.1-3729. Permanent coliseums, arenas or auditoriums; limitations
§ 58.1-3730. Savings institutions and credit unions; limitations
§ 58.1-3730.1. Industrial loan associations and agricultural credit associations; limitations
§ 58.1-3731. Certain public service corporations; rate limitation
§ 58.1-3732. Exclusions and deductions from "gross receipts."
§ 58.1-3732.1. Limitation on gross receipts; pari-mutuel wagering
§ 58.1-3732.2. Limitation on gross receipts
§ 58.1-3732.3. Limitation on gross receipts of providers of funeral services
§ 58.1-3732.4. Limitation on gross receipts; staffing firms
§ 58.1-3732.5. Limitation on gross receipts of security brokers and dealers
§ 58.1-3733. License tax on commission merchants
§ 58.1-3734. License tax on motor vehicle dealers
§ 58.1-3734.1. Sales involving trade-ins
§ 58.1-3735. Departments of license inspection in certain counties