Virginia residents: Retailers who do not want to participate in "no sales tax school holiday"?

A retailer in my area informed me that they will in no way participate in the "no sales tax holiday" this weekend in my area (the store is located in Newport News, VA). From my understanding, retailers HAVE to participate in this for items that are deemed and defined as eligible tax-free school items. Isn't this retailer violating Virginia law?

taken from Commonwealth of Virginia Dept. of Taxation Website:

Participating in the Sales Tax Holiday

I am a retailer who does not wish to participate in the sales tax holiday. May I elect not to participate?

No. Retailers are not permitted to elect not to participate in the sales tax holiday on the sale of qualifying items. Retailers may only collect from their customer sales taxes that are legally due. If a dealer fails to allow the exemption, such dealer is in violation of the law. Any dealer collecting the sales or use tax on nontaxable transactions must remit to the Department of Taxation such erroneously or illegally collected tax unless he can show that the tax has been refunded to the purchaser or credited to the purchaser's account.

Retailers are permitted, but not required, to absorb the sales tax on items that do not otherwise qualify for the sales tax holiday. If they elect to absorb the tax on these items, they must remit the tax to the Tax Commissioner.

1 Answer

  • 1 decade ago
    Favorite Answer

    If they don't participate then don't do business with them.

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