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kW 0RDINANC~ TO k~NND RULE 32 OF THE RUI.F.q ~ND REGbV~TIONS <br />FOR THE ADMinISTRATION AND ENFORCEMENT OF THE PRO'fiSiONS OF <br />THE CITY OF PO~TSMOLri~H, VIRGINIA, RETAIL SALES AND USE TAX <br />ORDINANCE TO PROVIDE THAT THE TAX SHALL BE APPLIED ~ RENTALS <br />ON A BITJJNG BASIS, NOT TO EXCEED THIRTY DAYS. <br /> <br />Section <br />tration <br />and Use <br /> <br />Be it ordained by the Council of the City of Portsmouth, Virginia: <br /> <br />1: That Rule 32 of the Rules and Regulations for the adminis- <br />and enforcement of The City of Portsmouth, Virginia, Retail Sales <br />Tax Ordinance, be amended and reordained to read as follows: <br /> <br />R~LE 32: Le.ase or Rental <br /> <br /> The gross receipts or gross proceeds derived from' the <br />lease or rental, within the City, of all kinds and types <br />of tangible personal property are subject to the tax <br />levied under the Ordinance. ~ne tax shall be computed on <br />the gross receipts or gross proceeds without any deduc- <br />tion whatsoever for expense incident to the conduct of <br />business, subjec~ to the maximum tax. <br /> <br /> For example, the gross receipts or gross proceeds <br />derived from the lease or rental of accounting mchines, <br />office equipn~nt, automobiles, tires, accessories, oil <br />field m,~chinery and equipn~n~ of all kinds as well as all <br />other articles of tar&~ible personal property, are witb~m <br />the provisions of the Ordinance. <br /> <br /> The tax is to be computed on the consideration paid <br />or agreed ~o be paid on a billing basis, not ~o exceed <br />thirty days, as provided in the terms of the contract. <br /> <br /> If the owner of the property, one who is engaged in <br />leasing automobiles, maintains continuous supervision of <br />the automobile ~nd Darnishes a driver, together with the <br />gasoline or other fuel that my be used, the o~mer in <br />this case is rendering a service, and the sa~e is no~ <br />subject to tax. On the other hand, if the owner does <br />not furnish the driver, but merely rents the automobile <br />and the lessee operates it himself for a stated con-I <br />sideration or price either by the day or week or month, <br />in such case, the lease ~ax would apply as the lessee <br />has the possession or use of the automobile. <br /> <br /> <br />