Street vendors; minimum sales tax.
For the purposes of this section, the term: “Business Beneficial License Holder” means a corporation, limited liability company, partnership, or other business entity that is the beneficial owner of the vending license held by an Employee License Holder. “Employee License Holder” means an individual street vendor who holds a vending license as an employee, agent, or representative, or for the ultimate benefit, of a corporation, limited liability company, partnership, or other business entity. “MST” means the minimum sales tax that a street vendor is obligated to pay. “Street vendor” means a person licensed to vend from a sidewalk, roadway, or other public space under Chapter 1A of Title 37. Except as provided in subsection (c) or (d) of this section, a street vendor who holds a license, including a temporary license, authorizing the vending of merchandise, food, or services from public space or from door to door who has collected less than $375 in sales tax for the quarter shall file a return pursuant to § 47-2002 and as required by the Office of the Chief Financial Officer’s Office of Tax and Revenue and remit a $375 MST payment for the quarter being reported. A MST payment shall be made in a manner prescribed by the Office of the Chief Financial Officer’s Office of Tax and Revenue. If a MST payment is not timely remitted, the unpaid MST payment shall be considered unpaid sales tax and all sections of this chapter applicable to the collection and assessment of unpaid sales tax and the imposition of interest and penalties shall apply. Except as provided in subsection (d) of this section, if a street vendor has collected sales tax in excess of $375 for the quarter being reported, subsection (b) of this section shall not apply and the street vendor shall file a return pursuant to § 47-2002 and as required by the Office of the Chief Financial Officer’s Office of Tax and Revenue and remit the full amount of the sales tax collected for the quarter being reported. Notwithstanding any other provision of this section, if an individual street vendor holds a vending license as an Employee License Holder for a Business Beneficial License Holder, the Employee License Holder shall not be individually responsible for filing a return or remitting an MST under this section. If the Business Beneficial License Holder files a single, consolidated return pursuant to § 47-2002, reporting all sales tax collected by all Employee License Holders who are employed by or otherwise affiliated with the Business Beneficial License Holder, and remitting the full amount of the sales tax due by all such Employee License Holders for the quarter being reported, the return shall report the vending license number of each vending license held by an Employee License Holder for which information is included in the return. The Business Beneficial License Holder shall be responsible for maintaining all books and records of the sales made by its employee street vendors pursuant to § 47-4311. A consolidated sales tax filing shall be filed electronically in the manner prescribed by the Office of Tax and Revenue.
Annotations
May 27, 1949, 63 Stat. 112, ch. 146, title I, § 125a as added Sept. 30, 1993, D.C. Law 10-25, § 111(f), 40 DCR 5489 enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575 Oct. 22, 2009, D.C. Law 18-71, § 12(c)(1), 56 DCR 6619 July 13, 2012, D.C. Law 19-149, § 2(a)(2), 59 DCR 5129 Section 3 of D.C. Law 19-149 provided: “Sec. 3. Applicability. This act shall apply as of October 1, 2012.” For temporary (90 day) amendment of section, see § 10(c)(1) of Vending Regulation Congressional Review Emergency Act of 2009 (D.C. Act 18-47, April 27, 2009, 56 DCR 3574). For temporary (90 day) amendment of section, see § 10(c)(1) of Vending Regulation Emergency Act of 2009 (D.C. Act 18-9, January 29, 2009, 56 DCR 1638). For temporary (90 day) amendment of section, see § 10(c)(1) of Vending Regulation Emergency Act of 2008 (D.C. Act 17-322, March 19, 2008, 55 DCR 3445). Section 12(b) of D.C. Law 18-4 provided that the act shall expire after 225 days of its having taken effect. “(a) For the purposes of this section, the term ‘street vendor’ means a person licensed to vend from a sidewalk, roadway, or other public space on or after March 19, 2008.”.; and, in subsec. (b), substituted “license authorizing the vending of merchandise, food, or services from public space or from door to door, including a temporary license,” for “Class A license, Class B license, Class C nonfood license, Class C food license, or any combination of these licenses” in par. (2), and repealed par. (4). Section 10(c)(1) of D.C. Law 18-4 rewrote subsec. (a) to read as follows: Section 13(b) of D.C. Law 17-172 provided that the act shall expire after 225 days of its having taken effect. “(a) For the purposes of this section, the term ‘street vendor’ means a person licensed to vend from a sidewalk, roadway, or other public space under the Vending Regulation Temporary Act of 2008, passed on 2nd reading on April 1, 2008 (Enrolled version of Bill 17-653).”; and, in subsec. (b), substituted “license authorizing the vending of merchandise, food, or services from public space or from door to door, including a temporary license,” for “Class A license, Class B license, Class C nonfood license, Class C food license, or any combination of these licenses” in par. (2), and repealed par. (4). Section 11(c)(1) of D.C. Law 17-172 rewrote subsec. (a) to read as follows: D.C. Law 19-149 rewrote the section. D.C. Law 18-71 rewrote subsec. (a); in subsec. (b)(2), substituted “license authorizing the vending of merchandise, food, or services from public space or from door to door, including a temporary license” for “Class A license, Class B license, Class C nonfood license, Class C food license, or any combination of these licenses”; and repealed subsec. (b)(4). 1981 Ed., § 47-2002.1. This section is referenced in § 47-2762.
Sourced from the DC Council Open Law Library (public domain).
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