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__ All sales for resale For w~ich exemptions have been claimed bowt which <br />are not supported by resale certificates properly executed shall be deemed <br />retail sales and the dealer held liable for the tax ~nless the same come <br />within the exception mentioned as a part of paragraph one of this rule. <br /> <br /> The use of certificates of resale to obtain tangible perso~l pro- <br />petty to be used by the purchaser, and not for resale, shall be grounds for <br />the Commissioner of the Revenue to revoke the registration certificate of the <br />dealer wrongfully making use of such certificate of resale. <br /> <br /> If a wholesaler or dealer sells tangible personal property free of the <br />zales tax on a certificate of resale when he knows, or should ~now in the use <br />of ordinar~ care, that the property which he is selling is not for resale by <br />the purchaser, but is for the purchaser's own use or consumption in his <br />business or otherwise, the registration certificate of the ~fnolesaler may be <br />revoked by proper action by the Commissioner of the Revenue and he shall be <br />liable for the tax. Provided, however, the Cc~m~issioner of the Revenue may <br />extend special written permission to a registered dealer to make purchases <br />for his own use under a certificate of resale and to report separately his <br />tax' l~ability to the City under exceptional circmustances of hardship upon <br />the taxpayer. Photostatic proof of such permission shall be filed with the <br />wholesaler or dealer. <br /> <br />RULE 69: Shoe Repairman <br /> <br /> Persons engaged in the business of repairing shoes are deemed primar- <br />ily to render service. They are purchasers for use or cons~m~otion of tan- <br />gible personal property incidentally used by them in the rendering of such <br />service. Consequently, the sale of sole leather, rubber heels, thread, nails <br />and other findings to shoe repairmen for their~ use ~u comecticm with the <br />renderdrg~ of such service are sales at retail, within the meaning of the <br />Ordinance. Receipts of sho~ repairmen from the services of shoe repairing, <br />shoe shining or rebuilding are not subject to tax. <br /> <br />RULE 70: Hotels, Motels, Inns, Tourist Camps and To~ist Cabins <br /> <br /> The sale or charges for any room or rooms, lo~gings or accommoda- <br />tions furnished to 2ransients by any hotel, motel, inn, 'tourist camp, tourist <br />cabin, or any other place in which rooms, lodgings or acecmmodations are <br />regularly furnished to transients for a consideration are "retail sales" or <br />"sales at retail" and are subject to the tax. The tax shall not apply, how- <br />ever, to zooms, lodgings or acco~nodations supplied for a period of ninety <br />(90) continuous days or more. <br /> <br />RULE 71: Freight, Delivery, or Transportation Charges <br /> <br /> Whether or not freight, delivery, or transportation charges ma~T be <br />deducted by the seller from the selling price of tangible personal property <br />sold for use or consumption, in computing his liability for tax under The <br />City of Portsmouth, Virginia Retail Sales and U~e Tax does not depend upon <br />the separate bilLing~thereof, but depends upon whether or not the services <br />rer~ered by the railway cc~oany or other transporting agency are rendered <br />to such seller or to the purchaser. <br /> <br />- 22 - <br /> <br /> <br />