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Receipts of 501(c) organizations, except for unrelated business income taxable under the Internal Revenue Code which exceeds $10,000, are excluded from BPOL taxation. See Code of Virginia, § 58.1-3703.C.18.
Here is a link to the statute:DANGEROUS URL REMOVED?000+cod+58.1-3703
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The organization's exempt purpose is to hold title and collect rental income, pay expenses, and distribute net income to another non-profit. The organization owns real estate and collects rental income. This is the sole activity and there is no unrelated business taxable income.
The nonprofit would be exempt under the statute
The local jurisdiction is taking the position that the the organization is subject to the BPOL tax and attempting collection.
You will want to retain legal counsel as their position appears to clearly contradict the statute.Here is a link to a free legal referral site that may assist you in locating competent local counsel: www.Martindale.com
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