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19930914 1993-34ORDINANCE NO. 1993-34 AN ORDINANCE AMENDING SECTION 12-1, ARTICLE I, CHAPTER 12 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, REGARDING THE DEFINITION OF GROSS RECEIPTS FOR LICENSE TAX PURPOSES AND PROVIDING CERTAIN EXCLUSIONS THEREFROM. BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Section 12-1, Article I, Chapter 12 of the Code of the City of Fairfax, Virginia, is hereby amended to read, in pertinent part, as follows: Sec. 12-1. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Gross receipts: The gross receipts, irrespective of their source, received from or attributable to any business, profession, trade, occupation, vocation, calling or activity including cash, credits, fees, commissions, brokerage charges and rentals, and property of any kinds, nature or description from either sales made or services rendered at any location without any deduction therefrom on account of cost of the property sold, the cost of materials, labor or services, rentals, royalties, taxes, interest or discounts paid or any expense whatsoever, and shall include in the case of merchants the amount of the sale price of supplies and goods furnished to or used by the licensee or his family or other person for which no charge is made or for which a charge less than the prevailing sale price is made; provided, however, that the term "gross receipts" with respect to manufacturers and wholesale merchants manufacturing or dealing in articles upon which there is levied a direct excise tax by the United States shall exclude such excise tax payments to the United States government; provided, further, that wholesale and retail dealers in petroleum products on which the state levies a motor vehicle fuel tax shall exclude such tax payments to the state from gross receipts; provided, further, that in computing the gross receipts of licenses under section 12-25, the licensees shall be permitted to claim as a deduction the amount of salaries paid to any person employed by them who is duly licensed in the same profession, under such section. The term "gross receipts" shall include the total gross receipts from all sales made, services rendered or activities conducted by any business and received through its principal place of business or branch office located within the city, both to persons residing within the city and to persons residing outside the city, without regard to where the sales, services rendered or activities conducted were actually performed. The term "gross receipts" shall include in every instance, regardless of whether the liable person or business is a resident or nonresident of the city, an amount not less than that attributable to the sales, services or activities performed or conducted within the city, irrespective of the location in which such gross receipts are actually or constructively received. The term "gross receipts" shall not include dues collected by trade, business, professional, service or civic associations or other similar organizations. The term "gross receipts" shall not include income which is exempt from the federal income tax pursuant to Internal Revenue Code Section 501(c) (6). The preceding exclusion pertaining to 1993-34 -2- organizations which are exempt from the federal income tax pursuant to Internal Revenue Code Section 501(c)(6) shall not exempt unrelated business income received by those organizations which is taxable pursuant to Internal Revenue Code Section 501(b). The calculation of "gross receipts,, for license tax purposes shall be on either a cash or accrual basis; provided, however, that the basis used must coincide with the system of accounts used by the taxpayer and the method employed by the taxpayer for federal and state income tax purposes. For the purposes of computing tax under this chapter, gross receipts may be reported to the nearest one hundred dollars. BE IT FURTHER ORDAINED that the remaining subsections of the section hereby amended shall continue to read as previously enacted. This ordinance shall become effective as provided by law. Introduced: Public hearing: Adopted: July 27, 1993 September 14, 1993 September 14, 1993 Date