Section 16 Meals, Transient Occupancy, Cigarettes, Tobacco, Admissions, and Motor Fuels Excise Taxes, 2011

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1 Section 16 Meals, Transient Occupancy, Cigarettes, Tobacco, Admissions, and Motor Fuels Excise Taxes, 2011 Among the many local taxes levied by Virginia s localities are four excise taxes on meals, transient occupancy, cigarettes and admissions. There is also a state motor fuels license tax on distributors that is restricted to localities in two northern Virginia transportation districts. Table 16.1 provides a detailed list of rates for these taxes for the 39 cities, 72 counties, and 123 towns reporting at least one of these taxes.. MEALS TAX The meals tax is a flat percentage imposed on the price of a meal. In fiscal year 2010, the most recent year available from the Auditor of Public Accounts, the tax accounted for 6.3 percent of the total tax revenue for cities, 0.9 percent for counties, and 20.4 percent for large towns. The low percentage for counties is explained by the fact that fewer than one-half of the counties employ the tax. The authority to levy this tax varies greatly among jurisdictions, so the tax varies significantly among individual cities, counties and towns. For information on tax receipts of individual localities, see Appendix C. Counties are restricted in their authority to levy the meals tax within the limits of an incorporated town unless the town grants the county authority to do so ( ). Cities and towns are granted the authority to levy the tax under the general taxing powers found in their charters ( ). Counties may levy a meals tax on food and beverages offered for human consumption if the tax is approved in a voter referendum ( ). However, several counties have been exempted from the voter referendum requirement [see (B) of the Code of Virginia]. It appears that cities and towns do not need to have a referendum when deciding to impose the tax. There are certain restrictions in applying the meals tax. The tax cannot be imposed on food that meets the definition of food under the Federal Food Stamp Program, with the exception of sandwiches, salad bar items, certain prepackaged salads, and non-factory sealed beverages. It does not apply to certain volunteer and non-profit organizations that might sell food on an occasional basis. It does not apply to churches and their members. Also, the meals tax cannot exceed 4 percent. The limit applies only to counties. Cities and towns may exceed that rate. Accordingly, 28 cities and 65 towns report charging a meals tax over 4 percent. In addition, the meals tax does not apply to gratuities, whether or not a restaurant makes them mandatory. The first column of Table 16.1 lists the rates for the meals tax. All cities impose a meals tax. The median tax rate is 5.5 percent. The minimum rate, charged by 11 cities, is 4 percent, and the maximum, charged by Covington, is 7.5 percent. The median meals tax rate is lower among the 44 counties that report having it. All counties that report having the meal tax have a rate of 4 percent except for Dickenson, which lists a meals tax rate of 2 percent. Among the 120 towns that report having a meals tax, the minimum rate is 2 percent, the maximum 8 percent, and the median rate is 5 percent. The text table summarizes the dispersion of the meal tax rates among cities, counties, and towns. Meals Tax Rates, 2011 Number of Localities Rate Cities Counties Towns Total 0.1-2% % % % % % % Total Median rate 5.5% 4% 5% 4% Furthermore, counties are restricted in their authority to levy the meals tax to within the limits of an incorporated town unless the town grants the county authority to do so ( ). Cities and towns are granted the authority to levy the meals under the general taxing powers found in their charters ( ). The local meals tax is in addition to the 4 percent sales tax and the 1 percent local option sales tax (see ). This means that the combined state and local tax on restaurant meals could be anywhere in the range of 8 to 11 percent for most cities, counties, and towns that impose this tax. TRANSIENT OCCUPANCY TAX The transient occupancy tax (lodging tax) is a flat percentage imposed on the charge for the occupancy of any room or space in hotels, motels, boarding houses, travel campgrounds, and other facilities providing lodging for less than thirty days. The tax applies to rooms intended or suitable for 243

2 dwelling and sleeping. Therefore, the tax does not apply to rooms used for alternative purposes, such as banquet rooms and meeting rooms. In fiscal year 2010, the occupancy tax accounted for 1.8 percent of the total tax revenue for cities, 0.9 percent for counties, and 4.4 percent for large towns. These are averages; the relative importance of the tax varies significantly among individual cities, counties and towns. For information on tax receipts of individual localities, see Appendix C. According to , counties may levy a transient occupancy tax with a maximum tax rate of 2 percent. Counties specified in (A) may increase their transient occupancy tax to a maximum of 5 percent. The portion of the tax collections exceeding 2 percent must be used by the county for tourism and tourism related expenses. According to , the following counties are permitted to levy the 5 percent rate: Accomack, Albemarle, Alleghany, Amherst, Augusta, Bedford, Botetourt, Brunswick, Caroline, Carroll, Craig, Cumberland, Dinwiddie, Floyd, Franklin, Giles, Gloucester, Greene, Halifax, James City, King George, Loudoun, Madison, Mecklenburg, Montgomery, Nelson, Northampton, Page, Patrick, Prince Edward, Prince George, Prince William, Pulaski, Rockbridge, Smyth, Spotsylvania, Stafford, Tazewell, Washington, Wise, Wythe, and York. Counties are restricted in their authority to levy the lodging tax within the limits of an incorporated town unless the town grants the county authority to do so ( ). Cities and towns are granted the authority to levy the lodging taxes under the general taxing powers found in their charters ( ). The median rate for the 36 cities that report using the transient occupancy tax is 6 percent, the minimum 2 percent, and the maximum is 10 percent (Emporia), though Virginia Beach has a rate of 10.5 percent for special districts. Sixtynine counties report imposing a transient occupancy tax. The extremes range from 2 to 8 percent with a median rate of 5 percent. The 79 towns that report having the tax show a median of 5 percent with a minimum rate of 1 percent and a maximum of 8 percent. The following text table summarizes the dispersion of the transient occupancy tax among cities, counties and towns: Transient Occupancy Taxes, 2011 Number of Localities Rate City County Town Total Up to 2% % % % % Over 6% Total Median rate 6% 5% 5% 5% The local transient occupancy tax is in addition to the 4 percent sales tax and the 1 percent local option sales tax. This means that the combined state and local tax on hotel and motel stays could be anywhere in the range of 8 to 11 percent for most cities, counties, and towns that impose this tax ( ). CIGARETTE AND TOBACCO TAXES In fiscal year 2010, cigarette and tobacco taxes accounted for 1.1 percent of the total tax revenue collected by cities, 0.1 percent of that collected by counties, and 2.6 percent of that collected by large towns. The very low percentage for counties is attributable to the fact that only two counties levy cigarette and tobacco taxes. These are averages; the relative importance of the tax varies significantly among individual cities, counties and towns. For information on individual localities, see Appendix C. The state is authorized by of the Code to impose an excise tax of 1.5 cents on each cigarette sold or stored (30 cents on a pack of 20). Section allows for the local taxation of the sale or use of cigarettes. Cities and towns are granted the authority to levy the tax under the general taxing powers found in their charters ( ). The right to levy the tax has been granted to only two counties by general law. Fairfax and Arlington counties may levy the cigarette tax with a maximum rate of 5 cents per pack or the amount levied under state law, whichever is greater ( ). The two counties have followed the state s example and raised their taxes to 30 cents for a pack of 20. No county cigarette tax is applicable within town limits if the town s governing body does not authorize that county to levy the tax. Unlike the meals and transient occupancy taxes, which are added directly to the bill at the time of purchase, the cigarette tax is added onto the price per pack before the purchaser buys the cigarettes. The tobacco tax is levied either as a flat tax or as a portion of gross receipts. If no schedule is given in Table 16.1, then it should be read as a flat tax. A total of 30 cities levy some sort of tax on cigarettes, while 2 counties and 48 towns report doing so. The following text table, based on the tax of a pack of 20 cigarettes, summarizes the dispersion of cigarette taxes among cities, counties and towns. Cigarette Tax on a Pack of 20 in 2011 Number of Localities Tax Levied City County Town Total Up to 15 cents cents cents cents Over 60 cents Total Median rate ADMISSIONS TAX In fiscal year 2010, the admissions tax accounted for 0.4 percent of the total tax revenue for cities. Receipts were negligible for counties and large towns. These are averages; the relative importance of the tax varies significantly among individual localities. For information on receipts by individual localities, see Appendix C. 244 Tax Rates 2011

3 Events to which admissions are charged are classified into five groups by of the Code of Virginia; they are: (1) those events from which the gross receipts go entirely to charitable purposes; (2) admissions charged for events sponsored by public and private educational institutions; (3) admissions charged for entry into museums, botanical or similar gardens, and zoos; (4) admissions charged for sporting events; and (5) all other admissions. In imposing the admissions tax, localities have the authority to tax each class of admissions with the same or with a different tax rate. A locality may impose admission taxes at lower rates for events held in privately-owned facilities than for events held in facilities owned by the locality. Section allows a locality to exempt certain qualified charitable events from admissions tax charges. Twelve counties (Arlington, Brunswick, Charlotte, Clarke, Culpeper, Dinwiddie, Fairfax, Madison, Nelson, New Kent, Prince George and Sussex) have been granted permission to levy an admissions tax at a rate not to exceed 10 percent of the amount of charge for admissions ( and ). Only three counties, Dinwiddie, New Kent, and Roanoke, report levying the tax. 1 Cities and towns are granted the authority to levy the admissions tax under the general taxing powers found in their charters ( ). As shown in the text table, 16 cities and 3 towns (Cape Charles, Culpeper 2 and Vinton) reported levying the admissions tax. For cities, the levy ranged from 5 percent to the full 10 percent. The median rate was 7.25 percent. Admissions Tax, 2011 Number of Localities Rate City County Town Total 0.0-2% % % % % Total Median rate 7.25% 4% 3% 5.75% MOTOR FUELS TAX ON DISTRIBUTORS The fuel distribution license tax is a tax on distributors of motor fuels to retailers in qualifying localities. Under a state tax of 2.1 percent may be imposed on any distributor in a qualifying locality in the business of selling fuels at wholesale to retail dealers for retail sale within the qualifying locality. To be eligible a locality must be: (i) any county or city that is a member of a transportation district in which a rail commuter mass transport system and a bus commuter mass transport system are owned or operated by an agency as defined in , or (ii) any county or city that is a member of a transportation district subject to and is contiguous to the Northern Virginia Transportation District. In addition, excludes the amount of the tax imposed and collected by the distributor from the distributor s gross receipts for purposes of BPOL taxes imposed under Chapter 37 ( et seq.). The tax is imposed in 11 localities that belong to two transportation commissions. The Northern Virginia Transportation Commission (NVTC) consists of Fairfax, Loudoun and Arlington counties and Alexandria, Fairfax and Falls Church cities. The tax helps provide financial support for the activities of the Washington Metropolitan Area Transit Authority (WMATA), also known as Metro, and the Virginia Railway Express (VRE), the commuter line between Washington D.C. and Manassas and Fredericksburg. The other commission, the Potomac and Rappahannock Transportation Commission (PRTC), consists of three cities (Fredericksburg, Manassas, and Manassas Park), and two counties (Prince William and Stafford). It provides support to rail transport (VRE) in the affected counties and bus services originating in Prince William County through Omniride and Omnilink. 1 The Auditor of Public Accounts Comparative Report of Local Government Revenues and Expenditures, dealing with the years ended 2009 and 2010, lists receipts from the admissions tax for both Albemarle and Lee counties. When contacted, each county said that the receipts originated from sources other than the admissions tax. 2 Although the Auditor of Public Accounts Comparative Report of Local Government Revenues and Expenditures, Year Ended June 30, 2010 does not list any receipts from the admissions tax for the town of Culpeper, the town asserted that it did have an admissions tax of 5 percent. Excise Taxes 245

4 Table 16.1 Meals, Transient Occupancy, Cigarette, Admissions, and Motor Vehicle Fuel Excise Taxes, 2011 Cities (Note: All cities responded to the survey.) Alexandria a 2.1 $1 per night Bedford N/A N/A Bristol N/A N/A N/A Buena Vista N/A N/A N/A Charlottesville N/A N/A Chesapeake (20 cig.) 10.0 N/A 62.5 (25 cig.) 75 (30 cig.) Colonial Heights N/A N/A N/A Covington N/A N/A Danville N/A N/A N/A Emporia N/A N/A N/A Fairfax N/A 2.1 Falls Church (20 cig.) N/A (25 cig.) $1.125 (30 cig.) Franklin N/A N/A Fredericksburg Galax 4.0 N/A N/A N/A N/A Hampton N/A Harrisonburg N/A Hopewell N/A N/A N/A Lexington N/A N/A N/A Lynchburg (20 cig.) 7.0 N/A $1 per night 43.8 (25 cig.) Manassas (20 cig.) N/A (25 cig.) 1.00 (30 cig.) Manassas Park N/A 2.1 Martinsville N/A N/A Newport News (20 cig.) 7.5 N/A 93.8 (25 cig.) (30 cig.) Norfolk (20 cig.) 10.0 N/A $1 per night 93.5 (25 cig.) Norton N/A N/A Petersburg N/A Poquoson 5.5 N/A 10 N/A N/A Portsmouth (20 cig.) 10.0 N/A 73 (25 cig.) Radford N/A N/A Richmond N/A 7.0 N/A Roanoke N/A Salem (20 cig.) 5.0 N/A (25 cig.) 22.5 (30 cig.) Staunton N/A N/A Suffolk (20 cig.) 10.0 N/A Virginia Beach (20 cig.) 10.0 b N/A 10.5 c 81 (25 cig.) 5.0 d Waynesboro N/A N/A Williamsburg N/A N/A Winchester N/A a Not to exceed $0.50 per person. b For concert events. c Imposed on special districts (Sandbridge). d For participatory sporting events. 246 Tax Rates 2011

5 Table 16.1 Meals, Transient Occupancy, Cigarette, Admissions, and Motor Vehicle Fuel Excise Taxes, 2011 (continued) Counties (Note: All counties responded to the survey. Those that answered not applicable for all items are excluded.) Accomack N/A 5.0 N/A N/A N/A Albemarle N/A N/A N/A Alleghany N/A N/A N/A Amherst N/A N/A N/A Arlington (20 cig.) N/A (25 cig.) Augusta N/A N/A N/A Bath N/A N/A N/A Bedford N/A N/A N/A Bland N/A N/A N/A Botetourt N/A N/A N/A Brunswick N/A 5.0 N/A N/A N/A Buchanan N/A 2.0 N/A N/A N/A Buckingham N/A 6.0 N/A N/A N/A Caroline N/A N/A N/A Carroll N/A N/A N/A Chesterfield N/A 8.0 N/A N/A N/A Clarke N/A 2.0 N/A N/A N/A Craig N/A N/A N/A Culpeper N/A 2.0 N/A N/A N/A Dickenson 2.0 N/A N/A N/A N/A Dinwiddie N/A 4.0 N/A Fairfax N/A (20 cig.) N/A (25 cig.) 45 (30 cig.) Fauquier N/A 2.0 N/A N/A N/A Floyd N/A 5.0 N/A N/A N/A Franklin N/A N/A N/A Frederick N/A N/A N/A Giles N/A 2.0 N/A N/A N/A Gloucester N/A N/A N/A Grayson N/A 2.0 N/A N/A N/A Greene N/A N/A N/A Greensville N/A N/A N/A Halifax N/A 5.0 N/A N/A N/A Hanover N/A 8.0 N/A N/A N/A Henrico N/A 8.0 N/A N/A N/A Henry N/A N/A N/A Isle of Wight N/A N/A N/A James City N/A N/A N/A + $2 per night King George N/A N/A N/A King William 4.0 N/A N/A N/A N/A Lee N/A 2.0 N/A N/A N/A Loudoun N/A 5.0 N/A N/A 2.1 Louisa N/A 2.0 N/A N/A N/A Madison N/A N/A N/A Mecklenburg N/A 2.0 N/A N/A N/A Montgomery N/A N/A N/A Nelson N/A N/A N/A New Kent N/A 4.0 N/A Northampton N/A N/A N/A Nottoway N/A 2.0 N/A N/A N/A Orange N/A N/A N/A Page N/A N/A N/A Patrick N/A 5.0 N/A N/A N/A Pittsylvania 4.0 N/A N/A N/A N/A Prince George N/A N/A N/A Prince William N/A 5.0 N/A N/A 2.1 Excise Taxes 247

6 Table 16.1 Meals, Transient Occupancy, Cigarette, Admissions, and Motor Vehicle Fuel Excise Taxes, 2011 (continued) Counties (continued) Pulaski N/A N/A N/A Rappahannock N/A N/A N/A Roanoke N/A 5.0 N/A Rockbridge N/A N/A N/A Rockingham N/A N/A N/A Scott N/A 2.0 N/A N/A N/A Shenandoah N/A 2.0 N/A N/A N/A Smyth N/A 5.0 N/A N/A N.A Southampton N/A N/A N/A Spotsylvania N/A N/A N/A Stafford N/A N/A 2.1 Tazewell N/A 5.0 N/A N/A N/A Warren N/A N/A N/A Washington N/A 2.0 N/A N/A N/A Wise N/A 5.0 N/A N/A N/A Wythe N/A N/A N/A York N/A N/A N/A Towns (Note: Towns that answered not applicable for all items in this table are excluded. For a listing of town respondents and non-respondents, see Appendix B.) Abingdon N/A N/A Alberta N/A N/A N/A Altavista N/A N/A N/A Amherst N/A N/A N/A Appalachia 3.0 N/A 20 N/A N/A Appomattox N/A N/A N/A Ashland N/A N/A Berryville 2.0 N/A N/A N/A N/A Big Stone Gap N/A N/A N/A Blacksburg (20 cig.) N/A N/A 37.5 (25 cig.) 45 (30 cig.) Blackstone (20 cig.) N/A N/A Bluefi eld N/A N/A Boones Mill 4.0 N/A N/A N/A N/A Bowling Green N/A N/A N/A Boydton 4.0 N/A N/A N/A N/A Bridgewater 5.0 N/A N/A N/A N/A Broadway 4.0 N/A N/A N/A N/A Brodnax N/A N/A N/A Brookneal 5.0 N/A N/A N/A N/A Buchanan 4.0 N/A N/A N/A N/A Burkeville N/A N/A N/A Cape Charles N/A N/A N/A 3.0 N/A Capron 4.0 N/A N/A N/A N/A Cedar Bluff 6.0 N/A N/A N/A N/A Charlotte Court House 5.0 N/A N/A N/A N/A Chase City 5.0 N/A N/A N/A N/A Chilhowie N/A N/A Chincoteague N/A N/A N/A Christiansburg (20cig.) N/A N/A 50 (25 cig.) 60 (30 cig.) Clarksville N/A N/A N/A 248 Tax Rates 2011

7 Table 16.1 Meals, Transient Occupancy, Cigarette, Admissions, and Motor Vehicle Fuel Excise Taxes, 2011 (continued) Towns (continued) Clifton Forge 4.5 N/A 4 (20 cig.) N/A N/A 5 (25 cig.) 6 (30 cig.) Clinchco 5.0 N/A 5 N/A N/A Clintwood N/A N/A Coeburn 7.0 N/A 15 N/A N/A Colonial Beach N/A N/A Crewe 5.0 N/A N/A N/A N/A Culpeper N/A Damascus N/A N/A Dayton 5.0 N/A N/A N/A N/A Dublin 4.0 N/A N/A N/A N/A Duffi eld 3.5 N/A N/A N/A N/A Dumfries N/A N/A $1 per night Edinburg 5.0 N/A N/A N/A N/A Farmville N/A N/A N/A Fincastle 4.0 N/A N/A N/A N/A Floyd N/A N/A N/A Front Royal N/A N/A N/A Glade Spring 5.0 N/A N/A N/A N/A Glen Lyn N/A 5.0 N/A N/A N/A Gordonsville 5.5 N/A 10 N/A N/A Gretna N/A N/A N/A Halifax N/A N/A N/A Hamilton N/A N/A N/A Haymarket 4.0 N/A 45 N/A N/A Haysi 5.0 N/A 5 N/A N/A Herndon N/A N/A Hillsville N/A N/A N/A Honaker 5.0 N/A N/A N/A N/A Hurt 4.0 N/A N/A N/A N/A Independence N/A N/A N/A Iron Gate 4.0 N/A N/A N/A N/A Irvington 2.0 N/A N/A N/A N/A Kenbridge 5.0 N/A N/A N/A N/A Keysville 5.0 N/A N/A N/A N/A Kilmarnock N/A N/A Lacrosse N/A N/A N/A Lawrenceville N/A N/A N/A Lebanon N/A N/A N/A Leesburg N/A N/A Louisa N/A N/A N/A Lovettsville N/A N/A Luray N/A N/A Madison 4.0 N/A N/A N/A N/A Marion N/A N/A Middleburg N/A N/A Middletown N/A N/A N/A Mineral N/A N/A N/A Mount Jackson N/A N/A N/A Narrows N/A N/A N/A Nassawadox 4.0 N/A N/A N/A N/A New Market N/A N/A Occoquan N/A N/A N/A Onley N/A N/A N/A Orange N/A N/A Parksley 4.0 N/A N/A N/A N/A Excise Taxes 249

8 Table 16.1 Meals, Transient Occupancy, Cigarette, Admissions, and Motor Vehicle Fuel Excise Taxes, 2011 (continued) Towns (continued) Pearisburg N/A N/A N/A Pembroke 4.0 N/A N/A N/A N/A Pennington Gap N/A N/A N/A Pound N/A N/A Pulaski N/A N/A Purcellville N/A N/A Rich Creek N/A N/A N/A Richlands 5.0 N/A N/A N/A N/A Rocky Mount N/A N/A Rural Retreat N/A N/A N/A Saint Paul N/A N/A Scottsville N/A N/A Shenandoah N/A N/A Smithfi eld N/A N/A South Boston N/A N/A N/A South Hill N/A N/A N/A Stanley N/A N/A Stephens City N/A N/A Strasburg N/A N/A Surry N/A N/A N/A Tappahannock N/A N/A Timberville N/A N/A Troutville 4.0 N/A N/A N/A N/A Urbanna N/A N/A N/A Victoria 4.0 N/A N/A N/A N/A Vienna (20 cig.) N/A N/A (25 cig.) (30 cig.) Vinton N/A Wachapreague N/A 2.0 N/A N/A N/A Wakefi eld 5.0 N/A N/A N/A N/A Warrenton N/A N/A Warsaw N/A N/A Waverly 5.0 N/A N/A N/A N/A Weber City 3.5 N/A N/A N/A N/A West Point 4.0 N/A N/A N/A N/A Windsor 4.0 N/A 25 (20 cig.) N/A N/A 31 (25 cig.) 38 (30 cig.) Wise N/A N/A Woodstock N/A N/A Wytheville N/A N/A 250 Tax Rates 2011

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