CHAPTER 612

An Act to amend and reenact §§ 58-546, 58-547, 58-548, 58-549, 58-550,
58-551, 58-552, 58-558, 58-554, and 58-555 of the Code of Virginia,
relating to taxes on express companies.

{H 461]

Approved March 31, 1956

Be it enacted by the General Assembly of Virginia:

1. That §§ 58-546, 58-547, 58-548, 58-549, 58-550, 58-551, 58-552, 58-553,
pe ee, and 58-555 of the Code of Virginia be amended and reenacted as
ollows:

§ 58-546. Franchise tax on * express companies.—Each * express
company doing business in this State shall, on or before the first day of
* June of each * year, pay to the State * a franchise tax which shall be
in lieu of taxes upon all of its other intangible property and in lieu of
property tazes on its rolling stock.

§ 58-547. * Amount of franchise tax.—* The franchise tax shall be
equal to two and three-twentieths per cent of the gross receipts * derived
from operations * within this State. * If its operations are partly within
and partly without this State, the gross receipts derived from operations
within this State shall be deemed to be all receipts on business beginning
and ending within this State and all receipts * derived from the transpor-
tation within this State of express transported through, into, or out of
this State. *

§ 58-548. Annual report.—* Each express company shall report an-
nually on or before the * fifteenth day of * April to the Commission * on
forms furnished by the Commission the facts called for on the forms to
enable the Commission to assess the annual franchise tax and the value
and location of its real estate and tangible personal property other than
rolling stock belonging to it as of the beginning of the first day of January
preceding.

§ 58-549. Assessment * .—The Commission shall, after thirty days’
notice previously given by it to the * company, assess the * franchise tax
and the value of the * real estate and tangible personal property other
than rolling stock. Should any * company fail to make the report required
by this article on or before the * fifteenth day of * April the Commission
shall * make the assessments upon the best and most reliable information
that it can procure. * In the execution of such duty the Commission shall
be * empowered to take testimony, summon and compel the attendance of
witnesses and send for persons and papers.

§ 58-550. Copies * for Comptroller and company.—A certified copy
of the assessment when made shall be immediately * sent by the Clerk of
the Commission to the Comptroller and to the * company.

§ 58-551. Copy of assessment for local authorities—The Clerk of
the Commission shall furnish to the council of every city and town and
to the board of supervisors or other governing body of every county
CHS. 612, 613] ACTS OF ASSEMBLY 965

wherein * is situated real estate and tangible personal property other than
rolling stock belonging to the company * a certified copy of the assessment
* of the value of such property. The assessment shall * show the character
of the property and its value and location for the purpose of taxation in
= such city, town, county and district, so that city, town, county and
district levies may be imposed upon the same at the same rate or rates as
are imposed upon other real estate and tangible personal property located
tn such localities.

§ 58-552. Payment of State tax.—Such company shall pay into the
State treasury by the first day of * June following the assessment the
franchise tax assessed against it.

§ 58-553. No other taxes on express companies, except, etc-—The
* taxes * imposed by this article and authorized to be imposed shall be in
lieu of all other taxes and * of all licenses, State, county and municipal,
upon * such companies, * except that nothing herein contained shall
exempt the companies from the payment of any motor vehicle license or
any motor vehicle fuel tax, heretofore or hereafter imposed by law, or the
annual registration fee.

§ 58-554. Penalty for failure to pay—Any express company failing
to pay * its franchise tax by the first day of June following the assessment
shall incur a penalty thereon of five per cent, which shall be added to the
amount of the tax.

§ 58-555. Penalty for failure to report.—Any such company failing

to make the report required by § 58-548 within the time * prescribed shall
be liable to a fine of not * more than one hundred dollars for each day such
company may be in default in making such report, the fine to be imposed
and judgment entered therefor by the Commission after thirty days’ notice
to * the defendant by rule to show cause.
2. This act shall apply to the assessment and collection of taxes for the
tax year 1956 and for every tax year thereafter until otherwise provided
by law; provided, however, that the report required by this act to be made
in 1956 may be made by August 1, 1956, and the franchise tax imposed
in 1956, measured by the gross receipts earned in 1955, may be paid by
October 1, 1956, without penalty.