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Virginia Administrative Code
Title 23. Taxation
Agency 10. Department of Taxation
Chapter 210. Retail Sales and Use Tax
12/3/2024

23VAC10-210-350. Commercial watermen; definitions; general provisions.

A. The following terms, when used in 23VAC10-210-350 through 23VAC10-210-353, shall have the following meanings, unless the context clearly indicates otherwise:

"Boat" means any vessel used for marine transportation other than a watercraft as defined in § 58.1-1401 of the Code of Virginia.

"Commercial fishing activity" means the business of extracting fish, bivalves, or crustaceans from waters for sale or resale.

"Commercial waterman" or "commercial watermen" means a person or persons who regularly engage in a commercial fishing activity.

"Directly used" means those items that are both indispensable to a commercial fishing activity and which are used immediately in the commercial fishing activity.

B. A commercial waterman's purchase of a boat, motor, machinery, tools, repair parts, fuel, or supplies, including, but not limited to, paint or other materials used to recondition a boat, for use in a commercial fishing activity is exempt from the tax.

Statutory Authority

§§ 58.1-203 and 58.1-609.2(4) of the Code of Virginia.

Historical Notes

Derived from VR630-10-24.1 §§ 1, 2; added January 1979; revised January 1985; amended, eff. July 1, 1994.

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