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and other tangible personal property required to be licensed <br />or registered with the Department of Motor Vehicles, <br />Department of Game and Inland Fisheries or the Department of <br />Aviation. <br /> <br /> 2. That Chapter 35 of the Code of the City of <br />Portsmouth, Virginia, 1988, be amended by adding thereto <br />Article XIV to read as follows: <br /> <br />ARTICLE XIV. Short-term rental tax. <br /> <br />Section 35-500. Short-terK~ rental tax. <br /> <br />(a) Levied; amount. <br /> <br /> Pursuant to Section 58.1-3510 of the Code of Virginia, <br />there is hereby assessed and imposed on every person engaged <br />in the short-term rental business a tax of one percent (1%) of <br />the gross proceeds of such business. Such tax shall be in <br />addition to the tax levied pursuant to ~58.1-605 of the Code <br />of'Virginia. For purposes of this section, "gross proceeds" <br />means the total amount charged to each person for the rental <br />of daily rental property, as defined in ~58.1-3510 of the Code <br />of Virginia, excluding any state and local sales tax paid <br />pursuant to the Virginia Retail Sales and Use Tax Act. <br /> <br />(b) Short-term rental business; defined. <br /> <br /> A person is engaged in the short-term rental business if <br />not less than eighty percent (80%) of the gross rental <br />receipts of such business in any year are from transactions <br />involving rental periods of ninety-two (92) consecutive days <br />or less, including all extensions and renewals to the same <br />person or a person affiliated with the lessor. "Affiliated" <br />for the purposes of this subsection shall mean any common <br />ownership interest in excess of five percent (5%) of any <br />officers or partners in common with the lessor and lessee. <br />For purposes of this test, (i) any rental to a person <br />affiliated with the lessor shall be treated as rental receipts <br />but shall not qualify for purposes of the eighty percent (80%) <br />requirement, and (ii) any rental of personal property which <br />also involves the provisions of personal services for the <br />operation of the personal property rented shall not be treated <br />as gross receipts from rental. For purposes of this section, <br />the delivery and installation of tangible personal property <br />shall not mean operation. <br /> <br /> (c) Taxation of rental propersy that is not daily rental <br />property. <br /> <br /> Except for daily rental passenger cars, rental property <br />that is not daily rental property shall be classified for <br />taxation pursuant to ~5~.t-3503 of the Code of Virginia. <br /> <br /> <br />