Gross receipts of real estate brokers for license tax purposes under Chapter 37 (§ 58.1-3700 et seq.) of this title shall not include amounts received by any broker that arise from real estate sales transactions to the extent that such amounts are paid to a real estate agent as a commission on any real estate sales transaction and the agent is subject to the business license tax on such receipts. The broker claiming the exclusion shall identify on its license application each agent to whom the excluded receipts have been paid, and the jurisdiction in the Commonwealth of Virginia to which the agent is subject to business license taxes.
In the event that a real estate agent receives the full commission from the broker less an adjustment for the business license tax paid by the broker on such commissions and the agent pays a desk fee to the broker, the desk fee and other overhead costs paid by the agent to a broker shall not be included in the broker's gross receipts. If the agent files separately, the agent must identify on its license application the broker to whom such excluded receipts have been paid, and the amount of such receipts that were included in the broker's license application.
1994, c. 397; 2002, c. 532.
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