Taxpayers may appeal to the Virginia Tax Commissioner or request a written ruling from the Tax Commissioner with regard to the classification of the business for Business Professional Occupational License (BPOL) tax purposes, regardless of whether the locality has conducted an audit, issued an assessment, or taken any other action.
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Virginia Code § 58.1-3703.1 A 5 b provides that any person assessed with a local license tax as a result of an appealable event may file an administrative appeal of the assessment within one year from the last day of the tax year for which such assessment is made or within one year from the date of the appealable event, whichever is later, with the Commissioner of the Revenue or other local assessing official. An appealable event is an increase in the assessment of a local license tax payable by a taxpayer, the denial of a refund, or the assessment of a local license tax where none previously was assessed. Business license, tangible personal property, machinery and tools, and transient occupancy taxes may also be appealed under Virginia Code § 58.1-3980 within three years from the last day of the tax year for which such assessment is made or within one year from the date of the assessment, whichever is later.
Virginia Code § 58.1-3983.1 Appeals and Rulings of Local Taxes, clarifies a taxpayer's appeal rights. A letter should be sent to the Commissioner of the Revenue's office stating your intention to appeal. Virginia Code § 58.1-3983.1 states that an appeal must be filed in good faith and sufficiently identify the tax periods covered by the challenged assessments, the amount in dispute, the remedy sought, each alleged error in the assessment, the legal grounds upon which the taxpayer relies and any other facts relevant to the taxpayer's position. Should the appeal be filed on behalf of another person or business, the appeal letter should also include evidence of the authority to file an appeal on behalf of the taxpayer.