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Technical Bulletins

Technical bulletins contain general information on a subject.  They are not intended as advice with respect to a specific fact situation, but rather are intended to provide general guidance to the public on a topic.  They often will be industry specific and provide information derived from several statutes.  They are not appealable.

Technical bulletins must be approved by the Commissioner and are available to the public.

TB #

Tax Type

Date Issued

Description

Law Reference

1

Land Gains

07/21/1995

Basis of land acquired through foreclosure or transfer in lieu of foreclosure

32 V.S.A. § 10005(a)

2

Sales Tax

08/18/1995

501(c)(3) Non-Profit Organizations Exemption - to define exemption criteria of Section 9742(3), as amended by 1995 Legislature

32 V.S.A. §9743(3)

3

Franchise Tax

02/14/1996

Exclusion of deposits held outside Vermont by taxpayers operating in more than one state

32 V.S.A. §5836(b)

4

All Taxes

06/26/1996

Substitute forms requirements

32 V.S.A. §3201(A)(6)

6

Income Tax

Original: 05/09/1997

Revised: 09/26/2008

Estimated payment by S Corporations, Partnerships and limited LIability Companies on behalf of shareholders, partners and members

32 V.S.A. §5914
32 V.S.A. §5920

7

Sales Tax

07/24/1997

Sales tax on telecommunications services

Superseded by Statutory Change

9

Sales Tax

12/18/1997

FAQ for TB-8 - Sales tax exemptions for materials used in the construction of manufacturing or downtown redevelopment facilities

32 V.S.A. §9741(38)
32 V.S.A. §9741(39)

10

Income Tax

06/19/1998

Installment sales of real estate

32 V.S.A. §5823(b)

11

Sales & Use

07/14/1998

The packaging exemption from the Vermont sales and use tax applied to returnable and reusable items

32 V.S.A. §9741(16)

12

Sales & Use

08/31/1998

TB-12 pertained to an imposition of sales tax on service contracts which existed briefly in 1998 and was repealed by 1999 Act 49 §71

Superseded by Statutory Change

13

Meals & Rooms

10/13/1998

Purchaser based treatment of VT Meals & Rooms Tax

32 V.S.A. §§9201-9281

14

Sales Tax

04/29/2002

Requirement to collect Local Option Sales Taxes (Orig. 2/99)

Superseded by TB-37

15

Income Tax

02/01/1999

Real estate withholding tax, installment sales of real estate

32 V.S.A. §5847
32 V.S.A. §5847(a)

16

Sales & Use

10/20/1999

Sales tax exemption for clothing

Superseded by Statutory Change

17

Sales & Use

11/18/1999

Sales tax exemption for clothing

Superseded by Statutory Change

18

Household Income

03/03/2000

Treatment of retirement plan transfers for household income

32 V.S.A. §6061
*NOTE - does not reflect current law

19

Sales & Use

03/14/2000

Sales by tax exempt organizations

32 V.S.A. §9741(3)

20

Act 60 Homeowner

03/23/2000

Claim of descendents

32 V.S.A. §6063

21

Property Tax

05/03/2000

Removable greenhouse

32 V.S.A. §3618

22

Corporate Income

06/22/2000

Consolidate returns Investment & Holding Companies

32 V.S.A. §5837
32 V.S.A. §5862(c)

23

Income Tax

Original:
11/22/2000

Revised:
12/08/2005
01/13/2012
03/17/2014

Determining the correct VT withholding by employers

32 V.S.A. §5841

24

Income Tax

Original:
04/17/2001

Revised:
10/16/2003
04/20/2014

Exemption of U.S. Govt. obligations from personal income tax

32 V.S.A. §5823(a)(1)
31 U.S.C. §3124(a)

25

Meals & Rooms


Original:
06/03/2003

Revised:
09/12/2008

Local Option Tax

24 V.S.A. §138(b)(2)&(3)

26

Sales & Use

06/19/2003

Temporary Exemption for Computers

2003 Act 67 §25

27

Sales & Use
Meals & Rooms

07/21/2003

Computation of Tax on Non monetary (Barter) Transactions

32 V.S.A. §§ 9241,9771 &9773

28

Property Tax

02/06/2004

Non Arms-Length Transactions**

**2010 Act 160, sec. 24 eliminated the option to calculate a renter rebate using the allocable property tax method. Therefore this bulletin has limited relevance to claims filed after 2010.

32 V.S.A. §6071

29

Property Tax

03/08/2004

TB-29 pertained to the inclusion of tax exempt "Difficulty of Care" payment in Household Income and was replaced by Technical Bulletin 31

Superseded by TB-31

30

Sales & Use

07/07/2004

Temporary Exemption for Computers

2004 Act 121 §51

31

Property Tax

10/04/2005

Inclusion of tax exempt "Difficulty of Care" payments in Household Income

Superseded by Subsequent Legislation

32

Property Tax

Original:
05/05/2003

Revised:
07/20/2006

Appraisal of multi-family affordable residential rental property

32 V.S.A. §3481
12 U.S.C. §1701q
12 U.S.C. §1715z-1
42 U.S.C. §1437
42 U.S.C. §1437f
42 U.S.C. §1485

33

Income Tax

11/28/2006

Credit for Vermont Higher Education Investment Plan Contributions

Superseded by TB-66

34

Land Gains Tax

01/16/2007

Land Gains Tax Allocations
(Supercedes Guidelines dated July 2001)

32 V.S.A. §10001
32 V.S.A. §10002
32 V.S.A. §10005

35

Income Tax


Original:
03/13/2007

Revised:
10/23/2008

Net Operating Losses

32 V.S.A. §5811(25)
32 V.S.A. §5832
32 V.S.A. §5888

36

Corporate Income Tax

03/16/2007

Intercompany Transactions in Unitary Combined Group Returns

Reg. 1.5862(d)-7(e)(5)
26 CFR 1.1502-13

37

Sales Tax

Original:
03/16/2007

Revised: 03/06/2009

Requirement to collect Local Option Sales Taxes

32 V.S.A. § 138

38

Income Tax

Original:
05/31/2007

Revised:
01/08/2009

Credit for Taxes Paid to Another State or Canadian Province

32 V.S.A. § 5825

39

Property Transfer

10/05/2007

Exemption for Transfers Made to a Corporation, Partnership or Limited LIability Company at the Time of Its Formation

Rescinded pursuant to Polly’s Properties, LLC v. Vermont Dep’t of Taxes, Docket No. 2009-124

40

Income Tax

Original:
01/07/2008

Revised:
10/07/2008

Conversion of Net Operating Loss to Separate Vermont Net Operating Loss

Reg. 1.5862(d)
32 V.S.A. § 5811(25)
32 V.S.A. § 5832
32 V.S.A. § 5888
TB-35

41

Sales and Use Tax

5/22/2008

Sales and Use Tax Holiday

2008 H.888, Section 73

42

Income Tax

6/10/2008

Adjustment to Household Income on Form HI-144 for Employment and Self-Employment Taxes Withheld or Paid

32 V.S.A. § 6061

43

Sales and Use Tax

7/01/2008

Increase in Sales and Use Tax Cap on Tracked Vehicles

Superseded by TB-52

44

Individual Income Tax

01/22/2009

Disallowance of bonus depreciation provisions of Federal Economic Stimulus Act of 2008

32 V.S.A.§5811 (21)

45

Income Tax

Original
03/23/2009

Revised:
07/14/2009
07/25/2010

Business Solar Tax Credit

For Individuals: 32 V.S.A §5822(c)(1)(B) and 5822(d)
For Corporate: 32 V.S.A §5930z

46

Sales and Use Tax

06/26/2009

Sales Tax Holidays

H.442, Section 24 (2009 Legislative Season)

47

Income Tax

Original:
06/30/2009

Revised: 12/17/2009
01/08/2010

Capital Gains Treatment for 2009

32 V.S.A. §5811(21) and (26)
2009, H.442, secs. 16a, 17, and 18
2009, S.1 (Spec. Sess.), sec.22b

48

Meals and Rooms Tax

11/02/2009

Collections of Meals and Rooms Tax by Schools

32 V.S.A.§§9241, 9202(3), (6), (10)

49

Sales and Use Tax

11/27/2009

Telecommunications Services Subject to Vermont Sales Tax

32 V.S.A.§9771(5), (6)
32 V.S.A.§9701(19),
(38)-(42), (44)

50

Meals and Rooms Tax
Sales Tax

12/14/2009

Campgrounds

Chapter 225: Meals and Rooms Tax
Chapter 233: Sales and Use Tax
Regulation § 1.9202
Regulation § 1.9771(4)

51

Household Income for Property Tax Adjustment and Renter Rebate Claims

03/23/2010

Adjustments to Modified Gross Income Schedule HI-144

32 V.S.A.§6061

52

Sales Tax

Original:
06/24/2010

Revised:
05/25/2012 06/10/2014

Tax on Tracked Vehicles

32 V.S.A.§9741(38)

53

Sales and Use Tax

08/27/2010

Sales and Veterinary Supplies

32 V.S.A.§9741(3)

54

Sales and Use Tax

Original:
09/13/2010

Revised:
11/19/2010

Revised:
04/11/2011

Treatment of Computer Software and Services

Rescinded. The moratorium on the collection of tax on remotely accessed prewritten software expires June 30, 2013. The Department intends to promulgate new regulations specific to this issue. In the meantime, consult the current applicable regulations and the information contained on the Department’s website on cloud taxation, which is available here.

55

Income

10/07/2010

Exceptions to Requirement that Vermont Filing Status Must Mirror Federal Filing Status; Procedures for Allocation of Exemptions and Deductions for Recomputed Federal Income Tax Returns

32 V.S.A. §5811(6), (9), (10), (11);
32 V.S.A. § 5823;
32 V.S.A. § 5825;
Reg. §1.5811(11)

56

Property Tax Adjustments and Renters Rebate Claims

10/27/2010

Reporting Business Income, K-1 Income, Rental Income and Capital Gain on Schedule HI-144 Household Income

32 V.S.A. §6061(4) and (5)

57

Sales and Use Tax

Original: 12/15/2010

Revision: 05/09/2011

Payment of Sales and Use Tax by Contractors

32 V.S.A. §§ 9701(4), 9743(4), 9771, 9773

58

Sales and Use Tax

01/03/2011

Application of Sales Tax to Service Contracts and Warranties

Under Review

59

Corporate Income

01/03/2011

Unrelated Business Income of Exempt Corporations

32 V.S.A. § 5811(18)(D)

60

Individual Income

01/06/2011

Taxation of Gain on the Sale of Capital Assets 

32 V.S.A. §5811(21)

61

Sales & Use

Updated:
03/31/2011
Revised:
05/31/2011

Entertainment charges by section 501 (c ) (3) organizations and section Section 501 (c) (4) –( 13) and (19) organizations and Political organizations as defined in 26 U.S.A. § 527 (e)

32 V.S.A. §9743

62

Sales & Use

03/31//2011

Tax on guide services and rental of recreational equipment 

32 V.S.A. §9771(4)

63

Property Tax

01/03/2012

Valuation of Owner Occupied Homes Subject to Resale Restrictions

Rescinded pursuant to Franks v. Town of Essex; Rockingham Area Community Land Trust v. Town of Rockingham, Docket Nos. 2011-359 & 2012-258.

64

Property Tax

01/20/2012

State Reimbursement of Education Tax Abate Due to 2011 Flooding

2012, H.461

65

Property Tax

10/22/2012

Eligibilty of Methane Digesters as Farm Buildings in the Use value Appraisal Program

32 V.S.A. §3752, §3755, §3757

66

Income Tax

09/05/2012

Credit for Vermont Higher Education Investment Plan Contributions

32 V.S.A. §5825a

67

Solar Capacity Tax

06/24/2013

Uniform Capacity Tax on Renewable Energy Plants Commissioned to Generate Solar Power

32 V.S.A. §8701, §3802(17), §5401(10)(J), §3101(b)(13)

 
Vermont Department of Taxes, 133 State Street, Montpelier, Vermont 05633-1401