Title 32, Title 32: Taxation and Finance

§ 9712. Notice requirements for noncollecting vendors (a) Each noncollecting vendor making sales into Vermont shall notify Vermont purchasers that sales or use tax is due on nonexempt purchases made from the noncollecting vendor and that the State of Vermont requires the purchase…

§ 9713. Marketplace facilitators and marketplace sellers (a) Marketplace facilitators shall collect and remit the sales tax on retail sales by marketplace sellers through a marketplace. Marketplace sellers shall collect and remit the sales tax on any retail sales within this Stat…

§ 9741. Sales not covered Retail sales and use of the following shall be exempt from the tax on retail sales imposed under section 9771 of this title and the use tax imposed under section 9773 of this title: (1) Sales not within the taxing power of this State under the Constituti…

§ 9742. Transactions not covered This chapter shall not cover the following transactions: (1) [Repealed.] (2) the transfer of tangible personal property to a corporation solely in consideration for the issuance of its stock, pursuant to a merger or consolidation effected under th…

§ 9743. Organizations not covered Any sale, service, or admission to a place of entertainment charged by or to any of the following or any use by any of the following are not subject to the sales and use taxes imposed under this chapter: (1) The State of Vermont, or any of its ag…

§ 9744. Property exempt from use tax (a) The following uses of property are not subject to the compensating use tax imposed under this chapter: (1) property used by the purchaser in this State prior to June 1, 1969; (2) property purchased and used outside the State by the user wh…

§ 9745. Certificate or affidavit of exemption; direct payment permit (a) Certificate or affidavit of exemption. The Commissioner may require that a vendor obtain an exemption certificate, which may be an electronic filing, with respect to the following sales: sales for resale, sa…

§ 9745a. Application to section 9745 The provisions of section 9745 of this title shall be applicable to exemptions claimed for agricultural fertilizers, pesticides, and machinery and equipment under subdivisions 9741(3) and (25) of this title. (Added 1973, No. 270 (Adj. Sess.), …

§ 9746. Snowmobile, all-terrain vehicle, motorboat, and vessel sales (a) If a person sells a snowmobile, all-terrain vehicle, motorboat, or vessel and within three months purchases another such vehicle or vessel, “sales price” for purposes of the tax on the new vehicle or vessel …

§ 9771. Imposition of sales tax Except as otherwise provided in this chapter, there is imposed a tax on retail sales in this State. The tax shall be paid at the rate of six percent of the sales price charged for, but in no case shall any one transaction be taxed under more than o…

§ 9772. Amount of tax to be collected (a) For the purpose of adding and collecting the tax imposed by this chapter, or an amount equal as nearly as possible or practicable to the average equivalent thereof, to be reimbursed to the vendor by the purchaser, the vendor shall multipl…

§ 9773. Imposition of compensating use tax Unless property or telecommunications service has already been or will be subject to the sales tax under this chapter, there is imposed on every person a use tax at the rate of six percent for the use within this State, except as otherwi…

§ 9774. Rules for computing compensating use tax (a) Tangible personal property that has been purchased by a resident of the State outside this State for use outside this State, and subsequently becomes subject to the compensating use tax imposed under this chapter, shall be taxe…

§ 9775. Returns (a) Except as otherwise provided in this section, every person required to collect or pay tax under this chapter shall, where the sales and use tax liability under this chapter for the immediately preceding calendar year has been, or would have been in cases when …

§ 9776. Payment of tax Every person required to file a return under this chapter shall, at the time of filing the return, pay to the Commissioner the taxes imposed by this chapter as well as all other monies collected under this chapter; provided, however, that every person who c…

§ 9777. Determination of tax or penalty (a) If a return required by this chapter is not filed, or if a return, when filed, is incorrect or insufficient, the amount of tax due shall be determined by the Commissioner from any information available. If necessary, the tax may be esti…

§ 9778. Collection of tax from purchaser Every person required to collect the tax shall collect the tax from the purchaser when collecting the price or amusement charge to which it applies. If the purchaser is given any sales slip, invoice, receipt, or other statement or memorand…

§ 9779. Deferred payment sales The Commissioner may provide by rule that the tax upon receipts from sales on the installment plan, seasonal sales, or deferred payment sales may be paid on the amount of each deferred payment and upon the date when the payment is received. (Added 1…

§ 9780. Cancelled sales; returns; uncollectibles The Commissioner may provide by rule for the exclusion from taxable receipts, amusement charges of amounts representing sales where the contract of sale has been cancelled, the property returned on the receipt or charge has been as…

§ 9781. Refunds (a) As provided in this section, the Commissioner shall refund or credit any tax, penalty, or interest erroneously, illegally, or unconstitutionally collected or paid if application to the Commissioner for the refund shall be made within three years from the date …

§ 9782. Mobile telecommunications sourcing (a) Mobile telecommunications services shall be sourced according to the provisions of the federal Mobile Telecommunications Sourcing Act, 4 U.S.C. §§ 116-126. The definitions and provisions of such Act are hereby incorporated into this …

§ 9811. Proceedings to recover tax (a) Whenever any person required to collect tax shall fail to collect or pay over any tax, penalty, or interest imposed by this chapter or whenever any customer shall fail to pay any tax, penalty, or interest, the Attorney General shall, upon th…

§ 9812. Actions for collection of tax (a) Action may be brought by the Attorney General at the instance of the Commissioner in the name of the State to recover the amount of taxes, penalties, and interest due from such vendor, provided such action is brought within six years afte…

§ 9813. Presumptions and burden of proof (a) For the purpose of the proper administration of this chapter and to prevent evasion of the tax hereby imposed, it shall be presumed that all receipts for property or services of any type mentioned in section 9771 of this title are subj…

§ 9814a. Criminal penalties (a) Any person who knowingly fails to file a return, fails to collect a tax, or fails to remit a tax required under this subchapter shall be imprisoned not more than one year or fined not more than $1,000.00, or both. (b) Any person who with intent to …

§ 9815. Notice and limitations of time (a) Any notice under this chapter may be given by mailing it to the person for whom it is intended in a postpaid envelope addressed to that person at the address given in the last return filed by him or her under this chapter or in any appli…

§ 9816. Suspension or revocation of certificates; appeal (a) The Commissioner may, after notice and hearing, suspend or revoke the license of any person required to collect the tax or may refuse to issue or renew any registration for failure to comply with this chapter or with an…

§ 9817. Review of Commissioner’s decision (a) Any aggrieved taxpayer may, within 30 days after any decision, order, finding, assessment, or action of the Commissioner made under this chapter, appeal to the Washington Superior Court or the Superior Court of the county in which the…

§ 9818. Liens If any person required to pay or collect and transmit a tax under this chapter neglects or refuses to pay the same after demand, the amount, together with all penalties and interest provided for in this chapter and together with any costs that may accrue in addition…

§ 9819. Reallocation of receipts (a) Receipts from the tax imposed by this chapter on sales of construction materials used in qualified projects under 24 V.S.A. chapter 76A shall be allocated by the Commissioner of Taxes and paid to the municipality in which the project is locate…

§ 10001. Tax imposed There is imposed, in addition to all other taxes imposed by this title, a tax on the gains from the sale or exchange of land in Vermont. (Added 1973, No. 81, § 8, eff. May 1, 1973.)

§ 10002. Land and residences (a) “Land” means all land, whether or not improved, that has been purchased and subdivided by the transferor within the six years prior to the sale or exchange of the land, but does not include land not exceeding 10 acres, necessary for the use of a d…

§ 10002a. Principal residence (a) “Principal residence” means a dwelling that, within one year prior to sale, was occupied as the domicile of the seller or that, within one year from the date of sale, will be occupied as the domicile of the purchaser. As used in this section, a d…

§ 10003. Rate of tax The tax imposed by section 10001 of this title shall be based upon the years held at the following rates on the gain, as gain is determined under section 10005 of this title: * Gain, as percent of basis, shall be rounded to the next highest whole percentage. …

§ 10004. Sale or exchange (a) As used in this chapter, “sale or exchange of land” shall mean any transfer of title to land for a consideration. As used in this chapter, “transfer” and “title” shall have the same meaning as “transfer” and “title to property” as used in section 960…

§ 10005. Basis, gain, and holding period (a) The provisions of Title 26 of the U.S. Code shall determine the basis of land sold or exchanged, except basis for land transferred by a mortgagee who acquired the land by foreclosure or transfer in lieu of foreclosure shall be the amou…

§ 10006. Liability for tax (a) The person liable for the tax is the transferor, which includes the owner, seller, or other exchanger, of the land sold or exchanged. However, whenever in this chapter the transferor is relieved from liability for the payment of the tax on account o…

§ 10007. Withholding at source; payment (a) The buyer or transferee of any land held by the seller or transferor for less than six years shall withhold 10 percent of all consideration paid to the seller or transferor for such land, including 10 percent of all partial payments mad…

§ 10008. Installment sales (a) As used in this section, “installment sale” means sale or exchange of land as defined in section 10004 of this title for which the total tax due under this chapter is greater than $2,000.00 and in which the parties agree in advance that payments sha…

§ 10009. Administration of tax (a) The Commissioner of Taxes shall administer and enforce this chapter and this tax. The Commissioner may adopt, amend, and withdraw reasonable rules to assist such administration and enforcement. (b) All the administrative provisions of chapter 15…

§ 10010. Criminal penalties (a) Any person who willfully defeats or evades or attempts to defeat or evade the tax imposed by this chapter shall be imprisoned not more than one year or fined not more than $10,000.00 or five times the amount of the tax defeated or evaded or attempt…

§ 10011. Exception Notwithstanding sections 10001 and 10003 of this title, in the case of a sale or exchange of land to an organization that qualifies under 26 U.S.C. § 501(c)(3) and also meets the “public support” test of 26 U.S.C. § 509(a)(2), if one of the stated purposes of t…

§ 10101. Definitions As used in this chapter unless the context requires otherwise: (1) All terms defined in 10 V.S.A. § 6602 shall have the same meaning for purposes of this chapter that they have for purposes of 10 V.S.A. chapter 159. (2) “Acutely hazardous waste” means those s…

§ 10102. Powers of the Commissioner and Secretary (a) In addition to any other powers granted to the Commissioner and the Secretary in this chapter, they may: (1) adopt, amend, and repeal from time to time reasonable rules to assist in the administration and enforcement of this c…

§ 10103. Tax imposed; exemptions (a) Any person initiating a shipment of hazardous waste in Vermont, who is required to file a manifest, or other similar report, pursuant to the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901 et seq.), as amended from time to tim…

§ 10104. Duties of Secretary and Commissioner (a) On or before the last day of the month following each calendar quarter, the Secretary shall calculate the amount of tax due under this chapter based on information required to be reported on a manifest or other report during that …