USVI Public Records

(a) A tax of 2 1/2% is imposed on inheritances which fall from husband to wife, from wife to husband, from ascendants to descendants or from children to parents, which, for purposes of this section, shall be described as Class I inheritances. (b) For purposes of computing the tax on Class I inheritances, the taxable amount of such inheritances shall be determined by deducting from the total value thereof an exemption of $50,000, prorated to each person receiving a Class I inheritance in the ratio that each said inheritance bears to the total amount of all Class I inheritances. History: Amended Oct. 30, 1973, No. 3496, § 2, Sess. L. 1973, p. 285; Dec. 4, 1974, No. 3654, § 1, Sess. L. 1974, p. 281; Mar. 15, 1984, No. 4902, § 27, Sess. L. 1984, p. 66.

(a) A tax of 5% is imposed on inheritances which fall to brothers and sisters and their issue, irrespective of their being sole heirs or inheriting jointly with one of their parents, which, for purposes of this section, shall be described as Class II inheritances. (b) For purposes of computing the tax on Class II inheritances, the taxable amount of such inheritances shall be determined by deducting from the total value thereof an exemption of $30,000, prorated to each person receiving a Class II inheritance in the ratio that each said inheritance bears to the total amount of all Class II inheritances. History: Amended Oct. 30, 1973, No. 3496, § 2, Sess. L. 1973, p. 285; Dec. 4, 1974, No. 3654, § 1, Sess. L. 1974, p. 281; Mar. 15, 1984, No. 4902, § 28, Sess. L. 1984, p. 66.

(a) A tax of 7 1/2% is imposed on inheritances which fall to persons other than those mentioned in sections 1 and 2 of this chapter, which, for purposes of this section, shall be described as Class III inheritances; Provided, however, That there shall be no tax imposed upon bequests to the Government of the Virgin Islands or any department or agency thereof, or to any charitable, educational or religious institution. (b) For purposes of computing the tax on Class III inheritances, the taxable amount of such inheritances shall be determined by deducting from the total value thereof an exemption of $5,000, prorated to each person receiving a Class III inheritance in the ratio that each said inheritance bears to the total amount of all Class III inheritances. History: Amended Feb. 8, 1973, No. 3368, Sess. L. 1972, p. 564; Oct. 30, 1973, No. 3496, § 2, Sess. L. 1973, p. 286; Dec. 4, 1974, No. 3654, § 1, Sess. L. 1974, p. 281; Mar. 15, 1984, No. 4902, § 29, Sess. L. 1984, p. 66.

The provisions of this chapter shall be administered by the Bureau of Internal Revenue. History: Added Oct. 26, 1982, No. 4755, § 10(b), Sess. L. 1982, p. 173.

An inheritance is exempt from the payment of inheritance taxes under this chapter if the decedent, when living, would have been considered a "nonresident not a citizen of the United States" under 26 U.S.C. §2501(c), or if the decedent was a resident of the Virgin Islands or owned property situated in the Virgin Islands, at the time of his death. History: Added Sept. 18, 1984, No. 4987, § 6(a), Sess. L. 1984, p. 229; amended Feb. 1, 1985, No. 5044, § 1, Sess. L. 1984, p. 471.

(a) A tax computed as provided in section 22, shall be imposed upon the transfer during a calendar year by any individual, resident or nonresident, of property by gift, which property has its situs in the Virgin Islands. (b) The tax shall apply whether the transfer is in trust or otherwise, whether the gift is direct or indirect, and whether the property is real or personal, tangible or intangible. History: Added Oct. 30, 1973, No. 3496, § 1, Sess. L. 1973, p. 280.

The tax for each calendar year shall be an amount equal to a tax computed in accordance with the rate schedule set forth: Rate Schedule If the net gifts are: The tax shall be (1) On all net gifts from husband to wife, from wife to husband, from ascendants to decend- ants, or from children to parents 2 1/2 % (2) On all net gifts from brothers and sisters to brothers or sisters and the latter's issue 5 1/2 % (3) On all net gifts from others not mentioned in (1) and (2) above 7 1/2 % If the net gifts are: The tax shall be (1) On all net gifts from husband to wife, from wife to husband, from ascendants to decend- ants, or from children to parents 2 1/2 % (2) On all net gifts from brothers and sisters to brothers or sisters and the latter's issue 5 1/2 % (3) On all net gifts from others not mentioned in (1) and (2) above 7 1/2 % History: Added Oct. 30, 1973, No. 3496, § 1, Sess. L. 1973, p. 281; amended Mar. 15, 1984, No. 4902, § 30, Sess. L. 1984, p. 66.

Where property is transferred for less than an adequate and full consideration in money or money's worth, then the amount by which the value of the property exceeded the value of the consideration shall, for the purpose of the tax imposed by this chapter, be deemed a gift, and shall be included in computing the amount of gifts made during the calendar year. History: Added Oct. 30, 1973, No. 3496, § 1, Sess. L. 1973, p. 281.

(a) Definition. The term "net gifts" means the total amount of gifts made during the calendar year, less the deductions provided in section 25. (b) Exclusions from gifts. In the case of gifts (other than of future interests in property) made to any person by the donor during the calendar year, the first $3,000 of such gifts to such person shall not, for the purpose of subsection (a) be included in the total of gifts made during such year. History: Added Oct. 30, 1973, No. 3496, § 1, Sess. L. 1973, p. 281.

In computing net gifts for the calendar year there shall be allowed as a deduction the amount of all gifts made during such year to or for the use of: (a) The Virgin Islands for exclusively public purposes. (b) A corporation, or trust, or community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, including the encouragement of art and the prevention of cruelty to children or animals; no part of the net earnings of which inures to the benefit of any private shareholder or individual, and no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation. History: Added Oct. 30, 1973, No. 3496, § 1, Sess. L. 1973, p. 281.

(a) Requirement. Any individual who within the calendar year makes any transfers by gift (except those under which section 24 are not to be included in the total amount of gifts for such year) shall make a return under oath in duplicate. The return shall set forth (1) each gift made during the calendar year under which section 24 is to be included in computed net gifts; (2) the deductions claimed and allowable under section 25; (3) such further information as may be required by regulations made pursuant to law. (b) Time and place for filing. The return shall be filed on or before the 15th day of March following the close of the calendar year. History: Added Oct. 30, 1973, No. 3496, § 1, Sess. L. 1973, p. 282.

(a) Time of payment. The tax imposed by this chapter shall be paid by the donor on or before the 15th day of March following the close of the calendar year. (b) Extension of time for payment. At the request of the donor, the Director may extend the time for payment of the amount determined as the tax by the donor, for a period not to exceed six months from the date prescribed for the payment of the tax. In such case the amount in respect of which the extension is granted shall be paid on or before the date of expiration of the period of the extension. History: Added Oct. 30, 1973, No. 3496, § 1, Sess. L. 1973, p. 282; amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

The tax imposed by this chapter shall be a lien upon all gifts made during the calendar year, for ten years from the time the gifts are made. If the tax is not paid when due, the donee of any gift shall be personally liable for such tax to the extent of the value of such gift. Any part of the property comprised in the gift sold by the donee to a bona fide purchaser for an adequate and full consideration in money or money's worth shall be divested of the lien herein imposed and the lien, to the extent of the value of such gift, shall attach to all the property of the donee (including after-acquired property) except any part sold to a bona fide purchaser for an adequate and full consideration in money or money's worth. If the Director is satisfied that the tax liability has been fully discharged or provided for, he may under regulations prescribed by him issue his certificate, releasing any or all of the property from the lien herein imposed. History: Added Oct. 30, 1973, No. 3496, § 1, Sess. L. 1973, p. 282; amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

As used in this chapter in respect of the tax imposed by this chapter the term "deficiency" means- (1) The amount by which the tax imposed by this chapter exceeds the amount shown as the tax by the donor upon his return; but the amount so shown on the return shall first be increased by the amounts previously assessed (or collected without assessment) as a deficiency, and decreased by the amounts previously abated, refunded, or otherwise repaid in respect of such tax; or (2) If no amount is shown as the tax by the donor upon his return, or if no return is made by the donor, then the amount by which the tax exceeds the amount previously assessed (or collected without assessment) as a deficiency; but such amounts previously assessed, shall first be decreased by the amounts previously abated, refunded or otherwise repaid in respect of such tax. History: Added Oct. 30, 1973, No. 3496, § 1, Sess. L. 1973, p. 283.

(a) Petition to District Court. If the Director determines that there is a deficiency in respect of the tax imposed by this chapter, the Director is authorized to send notice of such deficiency to the donor by certified mail. Within 90 days after such notice is mailed (not counting Saturday, Sunday, or legal holiday as the ninetieth day), the donor may file a petition with the District Court for a redetermination of the deficiency. No assessment of a deficiency in respect of the tax imposed by this chapter and no distraint or proceeding in court for its collection shall be made, begun, or prosecuted until such notice has been mailed to the donor, nor until the expiration of such 90-day period, nor, if a petition has been filed with the District Court, until the decision of the District Court has become final. The making of such assessment or the beginning of such proceeding or distraint during the time such prohibition is in force may be enjoyed by a proceeding in the proper court. If the notice is addressed to a donor outside the Virgin Islands, the period specified in this paragraph shall be one hundred and fifty days in lieu of ninety days. (b) Collection of deficiency fund by District Court. If the donor files a petition with the District Court, the entire amount redetermined as the deficiency by the decision of the District Court which has become final shall be assessed and shall be paid upon notice and demand from the collector. No part of the amount determined as a deficiency by the Director but disallowed as such by the decision of the District Court which has become final shall be assessed or be collected by distraint or by proceeding in court with or without assessment. (c) Failure to file petition. If the donor does not file a petition with the District Court within the time prescribed in subsection (a) the deficiency, notice of which has been mailed to the donor, shall be assessed, and shall be paid upon notice and demand from the collector. (d) Waiver of restriction. The donor shall at any time have the right, by a signed notice in writing filed with the Director, to waive the restrictions provided in subsection (a) on the assessment and collection of the whole or any part of the deficiency. (e) Increase of deficiency after notice mailed. The District Court shall have jurisdiction to redetermine the correct amount of the deficiency even if the amount so redetermined is greater than the amount of the deficiency, notice of which has been mailed to the donor, and to determine whether any additional amount or addition to the tax should be assessed, if claim therefor is asserted by the Director at or before the hearing or a rehearing. (f) Further deficiency letters restricted. If the Director has mailed to the donor notice of a deficiency as provided in subsection (a) of this section, and the donor files a petition with the District Court within the time prescribed in such subsection, the Director shall have no right to determine any additional deficiency in respect of the same calendar year, except in the case of fraud, and except as provided in subsection (c) of this section, relating to assertion of greater deficiencies before the District Court. If the donor is notified that, on account of a mathematical error appearing upon the face of the return, an amount of tax in excess of that shown upon the return is due, and that an assessment of the tax has been or will be made on the basis of what would have been the correct amount of tax but for the mathematical error, such notice shall not be considered (for the purposes of this subsection, or of subsection (a) of this section, prohibiting assessment and collection until notice of deficiency has been mailed) as a notice of deficiency, and the donor shall have no right to file a petition with the District Court based on such notice, nor shall such assessment or collection be prohibited by the provisions of subsection (a) of this section. (g) Extension of time for payment of deficiencies. Where it is shown to the satisfaction of the Director that the payment of a deficiency upon the date prescribed for the payment thereof will result in undue hardship to the donor, the Director, under regulations prescribed by the Director (except where the deficiency is due to negligence, to intentional disregard of rules and regulations, or to fraud with intent to evade tax), may grant an extension for the payment of such deficiency or any part thereof for a period not in excess of eighteen months, and, in exceptional cases, for a further period not in excess of twelve months. If an extension is granted, the Director may require the donor to furnish a bond in such amount, not exceeding double the amount of the deficiency, and with such sureties, as the Director deems necessary, conditioned upon the payment of the deficiency in accordance with the terms of the extension. (h) Address for notice of deficiency. In the absence of notice to the Director of the existence of a fiduciary relationship, notice of a deficiency in respect of a tax imposed by this chapter, if mailed to the donor at his last known address, shall be sufficient for the purposes of this chapter even if such donor is deceased, or is under a legal disability. History: Added Oct. 30, 1973, No. 3496, § 1, Sess. L. 1973, p. 283; amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

A person is exempt from the payment of gift taxes under this chapter if that person is considered a "nonresident not a citizen of the United States" under 26 U.S.C. §2501(c), or if the person was a resident of the Virgin Islands at the time the gift was made. History: Added Sept. 18, 1984, No. 4987, § 6(b), Sess. L. 1984, p. 230; amended Feb. 1, 1985, No. 5044, § 2, Sess. L. 1984, p. 471.

(a) There shall be levied upon, collected from, and paid by each person doing business in the Virgin Islands, the taxes provided for in this chapter, which taxes shall be computed in proportion to the extent of the business done in the Virgin Islands with respect to the pertinent transactions. (b) For the purposes of this chapter, "doing business" means engaging in any activity, whether lawful or unlawful, conducted for gain, profit, or income at any time during a calendar year. (c) The taxes imposed by this chapter apply to all persons with substantial nexus with the Virgin Islands. "Substantial nexus" means the nature, frequency, and duration of a person's or entity's activities within the Virgin Islands are such that the person or entity benefits from the infrastructure, legal system, economy, or marketplace of the Virgin Islands. (d) A person or entity shall be deemed to have substantial nexus with the Virgin Islands and be subject to taxes under this chapter if the person or entity: (1) Is a resident of the Virgin Islands or is domiciled in the Virgin Islands for commercial, corporate, or other business purposes; (2) Derives gross income, revenue, or receipts from Virgin Islands sources in any calendar year; or (3) Engages in any continuous or systematic business activity in the Virgin Islands, directly or through agents, representatives, or affiliates. (e) The Director of the Bureau of Internal Revenue may promulgate rules, forms, and procedures to implement and enforce this section, including compliance reviews, audits, and penalties for non- compliance. "Person" includes an individual, firm, partnership, limited liability partnership, joint venture, association, corporation, limited liability company, or any other legal entity or group acting as a business unit. History: Added June 11, 1959, No. 473, § 1, Sess. L. 1959, p. 77; amended Jan. 19, 1971, No. 2923, § 1, Sess. L. 1970, p. 404; amended June 13, 2025, No. 8991, § 1, Sess. L. 2025, p. -.

(a) Every individual and every firm, corporation and other association doing business as defined in section 41 of this chapter in the Virgin Islands, except those specially taxed, exempted or excluded, shall pay an excise tax on all articles, goods, merchandise or commodities manufactured in or brought into the Virgin Islands for personal use, use in a business, for disposition or sale in the course of trade or business, for processing or manufacturing or for any other business use or purpose, based on the volume or value of any such articles, goods, merchandise, or commodities, as determined according to the provisions of subsections (b) and (c) of this section, according to the following schedule, except on each shipment for which the excise tax is less than five ($5.00) dollars or, for personal use items, the value of the articles, goods, merchandise and commodities is less than five hundred dollars ($500.00); provided further, that upon application to the Director of the Bureau of Internal Revenue, accompanied by the proof herein required, the amount of the excise tax paid on the value of goods which have been destroyed pursuant to order by the manufacturer thereof, or the Department of Health, or any other authorized local or Federal department or agency, by reason of contamination, spoilage or other reason rendering such goods unfit for use or consumption, shall be refunded. The proof of destruction herein required shall be deemed satisfied by submission to the Director of the Bureau of Internal Revenue of (1) the invoice, or photo copy thereof, on the goods showing the nature and quantity of goods and the date such goods were received, (2) the written order, or photo copy thereof, requiring such destruction, and (3) a "certificate of destruction" attesting to the fact that the goods have actually been destroyed, which certificate shall be signed by the Commissioner of Health or his authorized designee as witness to such act of destruction. The Director of the Bureau of Internal Revenue may promulgate such rules and regulations as are necessary to the proper administration and enforcement of this provision. I. (1) Beers of foreign manufacturers of 24.12 ounce containers, or the equivalent.................... $6.08 (2) Beers manufactured in the United States of 24.12 ounce containers, or the equivalent.................... $5.00 (3) Beers of foreign manufacturers, per reusable keg of 1382.4 ounces, or the equivalent $23.50 or $.017 per ounce (4) Beers manufactured in the United States, per reusable keg of 1328.4 ounces, or the equivalent $17.32 or $.01252 per ounce (5) Carbonated drinks in reusable canisters.................... 4% (6) Self-propelled vehicles (excluding motor vehicles requiring licensing for highway use) and apparatuses (excluding airplanes), boats, firearms, ammunition and bicycles.................... 10% (7) All boats, including launches, with or without auxiliary engines or outboard engines.................... 3% (8) Marine engines (excluding outboard motors).................... 3% II. (1) Cigarettes, including electronic cigarette as defined in title 27 Virgin Islands Code, chapter 9, subchapter I, section 305b (a)(1).................... $11.00 per carton (2) Cigars and tobacco other than cigarettes.................... 25% III. Pneumatic tires, inner tubes and solid tires for motor vehicles.................... 5% IV. Clocks, watches, silverware, jewelry, cameras, projectors, all leather goods (excluding shoes), perfumes, and outboard motors.................... 3% V. Clothing, drugs, medicines.................... 2% VI. All other articles, goods, merchandise, and commodities other than those listed as exempt under subsection (e) of this section.................... 4% VII. (A) Carbonated drinks.................... 3% plus $0.36 per case of 24-12 ounce containers, or the equivalent; (B) plus $1.44 per case of 24 unit-12 ounce containers or the equivalent added to the value of subparagraph (A), for the Virgin Islands Revenue Enhancement and Economic Recovery Act. VIII. Spirits, Cruzan Rum and Tafia, Diageo Brands, Irish and Scotch Whiskies, Whiskies other than Scotch Whiskies, including Bourbon and Rye, Liqueurs and Cordials, vodka, tequila, vermouth and other wine and fresh grape beverages flavored with plants or aromatic substances, Acquavit, Bitters, Brandy and Cognac, Gin and Geneve, Kirschwasser and Ratafia, Wines, Rums, Scotch, and similar items commonly known as or referred to as distilled spirits.................... $6.00 per nine-liter case or equivalent (b) For the purposes of this chapter, the value of the articles, goods, merchandise and commodities for any business use or purpose shall be the cost price at which the articles, goods, merchandise or commodities are purchased by or consigned to the taxpayer plus a mark-up of five percent. However, if the articles, goods, merchandise or commodities are sold or consigned at less than fair market price, their value shall be the price at which similar articles, goods, merchandise or commodities are purchased by or consigned in the ordinary course of trade or business plus a mark-up of five percent. (c) Where an article is sold more than once in the course of trade or business, its value shall be included in the excise tax calculation, under this section, of the manufacturer, importer, or other first seller in the Virgin Islands. (d) For purposes of this section, the lease, or rental, or sale determined to be a lease, to any importer or manufacturer of any articles, goods, merchandise or commodities for any business use or purpose shall be considered a sale to the importer or manufacturer and the tax shall be based on the price at which similar articles, goods, merchandise or commodities are purchased by or consigned to importers or manufacturers in the ordinary course of the trade or business, plus five percent; or where such price cannot be determined, then the fair market value of the articles, goods, merchandise or commodities, as at the date it is imported into or manufactured in the Virgin Islands plus five percent, shall be considered to be the price. However, if items of equipment are imported into the Virgin Islands to be used for a period of 180 days or less, either under a lease, rental, or any other type of agreement, or by the owner thereof, the value of such equipment upon which the excise tax will be computed is the actual rental charged for such leased or rented property or, in the case of such temporary importation by the owner of the equipment, then the fair rental value of the equipment as of the date of such importation, shall be the basis for the computation of the excise tax thereon. The importer of such equipment shall attach a copy of the rental agreement to the excise tax return required to be filed by said importer. The owner of equipment which is temporarily imported will attach to the excise tax return required to be filed by him satisfactory evidence of the fair rental value of the same or similar equipment. Upon exportation of the equipment temporarily imported into the Virgin Islands, the importer will furnish a copy of the approved export declaration to the Bureau of Internal Revenue as evidence of the date of such exportation. Equipment originally imported to remain no longer than 180 days in the Virgin Islands, but which remains for a longer period, will be treated as other than a lease or rental for 180 days or less and excise taxes thereon will be recomputed on the basis as provided in the first sentence of this subsection. (e) The following are exempt from excise taxes under this section: (1) Educational materials which means: (A) permanently bound books consisting wholly of reading matter and containing no advertising matter except incidental announcements of books and the publisher's own advertising; (B) printed music whether bound or in sheets; and (C) newspapers, magazines, and periodicals of general circulation; (2) Foodstuffs which means all nutritive matter intended for consumption for purposes of the growth, repair, or maintenance of vital processes (including noncarbonated drinking water) but expressly excluding such items as: (A) confectionery; (B) chewing gum; (C) carbonated drinks; (D) soda water; (E) soft drinks and other beverages; and (F) all other matters not consumed primarily for nutritive purposes; (3) Coal, fuel oil, and liquid gas whether for domestic consumption, bunkering, or other purposes; (4) Molasses used for the production of rum and for agricultural purposes; (5) Animal feed, poultry feeds, and commercial fertilizers; (6) Motor vehicles requiring licensing for highway use; (7) (A) Articles, goods, merchandise, and commodities for sale to the Government of United States, the Government of the Virgin Islands, or an instrumentality of either Government other than those brought in by or for sale to a contractor of either Government in connection with a public work project, capital improvement project, capital project or undertaking; (B) Articles, goods, merchandise, materials and commodities brought in by or for sale to a contractor of either government in conjunction with a public work project, capital improvement project, capital project or undertaking are subject to excise and trade taxes. (C) Medications, medical equipment, medical devices, medical supplies, and all other goods brought into the Territory for medical care by the Governor Juan F. Luis Hospital and Medical Center and the Roy Lester Schneider Hospital and Community Health Center. (8) Articles, goods, merchandise, and commodities disposed of in the course of export trade by importers and Virgin Island manufacturers to purchasers who take delivery and actual possession outside of the Virgin Islands; and (9) Paper, plastic, glass, or wooden materials and supplies used to package foodstuffs grown, processed, bottled or produced in the Virgin Islands. (10) [Deleted.] (11) Perfumes & Toilet Waters & Bath Salts. Perfumes & toilet waters & bath salts include: essential oils; mixtures of odoriferous substances; perfumes and other toilet waters; beauty or makeup preparations and preparations for the care of skin, other than medicaments, including for, example, sunscreen or suntan preparations and powders, rouge; perfumed bath salts and other bath preparations, after-shave preparations. 33011100-33049950 33073010-33073050 (12) Tapestry, hand-woven fabrics & handmade carpets 50071030-50079060 57011000-57029920 51111120-51123020 58050010-58050040 (13) Sweaters, shawls, scarves & ties 611090-61171010 61171010-61178010 62141010-62159000 (f) The specified portions of excise taxes on goods in the following categories under subsection (a) are designated advance disposal fees under title 19, V.I.C. §§ 1552(b) and 1553(i)(1), for the antilitter and beautification programs of the Waste Management Authority and must be deposited into the Antilitter and Beautification Fund established under section 3079 of this title within 15 days after their receipt by the Bureau of Internal Revenue. (1) Under item I-Beers of foreign manufacturer, per case of 24-12 ounce containers or the equivalent...$0.58 per case; (2) Under item I-Beers manufactured in the United States, per case of 24-12 ounce containers or the equivalent.....$0.58 per case; (3) Under item VI-all other articles, goods, merchandise and commodities other than those listed as exempt under the subsection (e) of this section....$1.2% of value; and (4) Under item VII-Carbonated drinks, per case of 24-12 ounce containers or equivalent..............................................$0.43 per case. Description of Categories Designated as Advance Disposal Fees Current Fees Fee Increase FY 2016 Fee Increase FY 2017 Fee Increase FY 2018 Fee Increase FY 2019 Fee Increase FY 2020 Under Item I-Beers of foreign manufacture, per case of 24-12 ounce containers or the equivalent $.48 per case $.58 per case $.68 per case $.78 per case $.88 per case $.98 per case Under Item I-Beers manufacture in the United States, per case of 24-12 ounce containers or the equivalent $.48 per case $.58 per case $.68 per case $.78 per case $.88 per case $.98 per case Under Item VI-all other articles, goods, merchandise and commodities other than those listed as exempt under subsection (e) of this section 1% of Value 1.2 % of Value 1.4% of Value 1.6% of Value 1.8% of Value 2% of Value Under Item VII-Carbonated drinks, per case of 24-12 ounce containers or equivalent $.36 per case $.43 per case $.50 per case $.57 per case $.64 per case $.72 per case (g) The excise taxes on pneumatic tires, inner tubes and solid tires for motor vehicles must be deposited into the Waste Tire Management and Disposal Fund established in 19 V.I.C § 1570m within 15 days after their receipt by the Bureau of Internal Revenue. (h) Any person, individual, firm corporation and other association receiving an exemption from excise taxes under the provisions of this section shall establish and maintain an employee pension benefit plan and an employee welfare benefits plan, as provided under the Employee Retirement Income Security Act, 29 U.S.C.1001 et seq. (i) Any person, individual, firm, corporation or other association receiving an exemption from excise taxes under the provisions of this section shall establish and maintain a Donated Leave Program similar to the program established under title 3, chapter 25, section 583b, Virgin Islands Code. (B) Articles, goods, merchandise, materials and commodities brought in by or for sale to a contractor of either government in conjunction with a public work project, capital improvement project, capital project or undertaking are subject to excise and trade taxes. History: Added June 11, 1959, No. 473, § 1, Sess. L. 1959, p. 77; amended Nov. 23, 1960, No. 647, Sess. L. 1960, p. 197; June 15, 1961, No. 760, Sess. L. 1961, p. 108; Oct. 27, 1961, No. 781, § 1a, Sess. L. 1961, p. 230; Apr. 5, 1965, No. 1412, § 1, Sess. L. 1965, Pt. I, p. 150; Jan. 19, 1971, No. 2923, § 2, Sess. L. 1970, p. 404; Nov. 29, 1972, No. 3342, Sess. L. 1972, p. 514; May 6, 1976, No. 3802, §§ 1, 2, Sess. L. 1976, p. 42, 43; July 1, 1976, No. 3843, §§ 1, 2, Sess. L. 1976, p. 102; Oct. 8, 1979, No. 4359, §§ 1, 2, 5(a), Sess. L. 1979, p. 147, 151; Aug. 22, 1980, No. 4473, § 3(a)(1), Sess. L. 1980, p, 147; Oct. 23, 1980, No. 4498, § 16, Sess. L. 1980, p. 231; Apr. 2, 1981, No. 4536, §§ 1-4, Sess. L. 1981, p. 18-19; July 31, 1982, No. 4736, § 4, Sess. L. 1982, p. 129; Sept. 20, 1982, No. 4740, § 5(a), (b), Sess. L. 1982, p. 139; Aug. 6, 1983, No. 4851, § 4(a)-(c), Sess. L. 1983, p. 128; Oct. 4, 1984, No. 4994, § 2(a), Sess. L. 1984, p. 259; Oct. 18, 1984, No. 5015, § 3, Sess. L. 1984, p. 378; Dec. 19, 1984, No. 5030, § 1(c), Sess. L. 1984, p. 412; Feb. 1, 1985, No. 5043, §§ 1, 2, Sess. L. 1984, p. 468; May 12, 1986, No. 5156, § 3, Sess. L. 1986, p. 43; June 18, 1986, No. 5172, § 18(a), Sess. L. 1986, p. 101; Sept. 5, 1990, No. 5608, § 1, Sess. L. 1990, p. 284; Dec. 28, 1990, No. 5661, § 3, Sess. L. 1990, p. 455; Jan. 3, 1991, No. 5669, Sess. L. 1990, p. 474; Jan. 7, 1992, No. 5824, § 24, Sess. L. 1992, p. 177; Aug. 17, 1993, No. 5882, § 1, Sess. L. 1993, p. 199; Aug. 18, 1993, No. 5883, § 3, Sess. L. 1993, p. 202; Aug. 26, 1994, No. 6008, § 2, Sess. L. 1994, p. 161; Oct. 31, 1998, No. 6269, § 9, Sess. L. 1998, p. 447; Aug. 17, 1999, No. 6287, § 30(a), Sess. L. 1999, p. 64; Feb. 1, 2001, No. 6391, § 3(c)(F), Sess. L. 2000, p. 494; Sept. 28, 2001, No. 6463, §§ 36, 39, Sess. L. 2001, pp. 278, 280; June 17, 2002, No. 6508, § 2, Sess. L. 2002, p. 293; Jan. 23, 2004, No. 6638, § 7(f), Sess. L. 2003, p. 253; July 13, 2004, No. 6662, § 13, Sess. L. 2004, p. 19; amended Oct. 15, 2014, No. 7699, § 4, Sess. L. 2014, p. 359; amended Mar. 27, 2015, No. 7731, § 6, Sess. L. 2015, p. 14; amended Oct. 8, 2015, No. 7794, §§ 1, 2, Sess. L. 2015, p. 118; amended Mar. 23, 2016, No. 7839, § 1, Sess. L. 2016, p. 5; amended Mar. 23, 2016, No. 7852, § 3, Sess. L. 2016, p. 26; amended Mar. 22, 2017, No. 7987, §§ I.2, 3(a), (b), 4(a), (b), (5), Sess. L. 2017, p. 5, 6; amended June 26, 2017, No. 8002, § 9(a)(1), (2), (b), Sess. L. 2017, p. 33; amended Oct. 26, 2020, No. 8370, § 4(a), Sess. L. 2020, p. 176; amended Oct. 16, 2024, No. 8919, § 2, Sess. L. 2024, p. -; amended June 13, 2025, No. 8991, § 1, Sess. L. 2025, p. -.

(a) Every person, partnership, firm, corporation, or other business association subject to excise taxes under the provisions of sections 41, 42, and 44 of this title shall report all articles, goods, merchandise and commodities brought into or manufactured in the Virgin Islands and pay all excise taxes provided for by this chapter to the Director of the Bureau of Internal Revenue. With respect to imported items such excise taxes shall be payable prior to the time the taxable items are released from customs custody, except that in the case of each shipment for which the excise tax is less than five ($5.00) dollars, and except in the case of goods, merchandise and commodities brought into the Virgin Islands by the United States Postal Service for delivery to importers and consignees, in which case the procedures for reporting and payment of the excise taxes thereon shall be in accordance with the provisions of section 44 of this chapter. (b) The Director of the Bureau of Internal Revenue shall promulgate rules concerning procedures for the valuation of goods and payment of excise taxes on items manufactured in the Virgin Islands. History: Added Oct. 8, 1979, No. 4359, § 4, Sess. L. 1979, p. 148; amended Aug. 22, 1980, No. 4473, § 3(a) (1), Sess. L. 1980, p. 147; Apr. 2, 1981, No. 4536, § 5, Sess. L. 1981, p. 20; July 31, 1982, No. 4736, § 1, Sess. L. 1982, p. 128; Oct. 4, 1984, No. 4994, § 2(b), Sess. L. 1984, p. 260; Aug. 17, 1993, No. 5882, § 2, Sess. L. 1993, p. 200; Aug. 26, 1994, No. 6008, § 2, Sess. L. 1994, p. 161.

(a) All taxable articles, goods, merchandise and commodities having a place of manufacture or origin outside the territorial sovereignty of the United States, and being brought into the Virgin Islands from any place outside the Territory, including the fifty states, Puerto Rico, Guam and American Samoa, shall be delivered into the custody of the District Director of Customs where they shall remain until properly entered and released. The owner, master, or pilot of any importing carrier which shall fail to retain foreign cargo at the place of unlading until released under such regulations as the District Director of Customs may prescribe, shall be liable to a penalty equal to the duties and excise taxes due and payable on such cargo. (b) Notwithstanding any other provision of this chapter, the District Director of Customs is authorized to release articles, goods, merchandise or commodities of foreign origin or manufacture without payment of excise taxes upon the giving of a bond to guarantee payment of such taxes within fifteen days after the last day of the month in which the shipment was released. (c) The District Director of Customs shall cause all articles, goods, merchandise or commodities which remain in customs custody after the fifteenth day after the last day of the month of importation to be delivered into a storage facility to be held at the risk and expense of the importer and subject to the further order of the District Director. (d) All articles, goods, merchandise and commodities which shall remain in Customs custody without proper entry for a period of one year shall be considered unclaimed and abandoned. Such articles shall be sold at public sale under such regulations as the District Director of Customs may prescribe. The proceeds of such sale shall be disbursed according to the following priority: all storage charges and expenses of sale, (2) all customs duties and excise taxes, (3) all freight liens and demurrage charges, (4) with the remainder to be deposited to the Treasury of the Virgin Islands; Provided, That remaining proceeds may be paid over to the importer if a claim therefor is filed with the District Director not later than thirty days from date of sale. History: Added Oct. 8, 1979, No. 4359, § 4, Sess. L. 1979, p. 148; amended Apr. 2, 1981, No. 4536, § 5, Sess. L. 1981, p. 20; July 31, 1982, No. 4736, § 2, Sess. L. 1982, p. 129.

(a) All taxable articles, goods, merchandise and commodities having a place of manufacture or origin within the territorial sovereignty of the United States, and being brought into the Virgin Islands from any place outside the Territory, shall remain in custody of the importing carrier (carrier which brings the taxable merchandise into the Virgin Islands) until properly entered and released by the Director of the Virgin Islands Bureau of Internal Revenue. The owner, master, or pilot of any importing carrier which shall fail to retain domestic cargo at the place of unlading until released under such regulations as the Director of the Virgin Islands Bureau of Internal Revenue may prescribe, shall be liable to a penalty equal to the excise taxes due and payable on such cargo. (b) Notwithstanding any other provision of this chapter, the Director of the Virgin Islands Bureau of Internal Revenue is authorized to release articles, goods, merchandise or commodities of domestic origin or manufacture without payment of excise taxes upon the giving of a bond to guarantee payment of such taxes within fifteen days after the last day of the month in which the shipment was released. (c) All articles, goods, merchandise or commodities which remain in the custody of the importing carrier after the fifteenth day after the last day of the month of importation shall be stored by the importing carrier at the risk and expense of the importer and subject to the further order of the Director of the Virgin Islands Bureau of Internal Revenue. (d) All articles, goods, merchandise and commodities which shall remain in custody of the importing carrier without proper entry for a period of one year shall be considered unclaimed and abandoned. Such articles shall be sold at a public sale under such regulations as the Director of the Virgin Islands Bureau of Internal Revenue may prescribe. The proceeds of such sale shall be disbursed according to the following priority: (1) all storage charges and expenses of sale, (2) all excise taxes, (3) all freight liens and demurrage charges, (4) with the remainder to be deposited to the Treasury of the Virgin Islands; Provided, That remaining proceeds may be paid over to the importer if a claim therefor is filed with the Director of the Virgin Islands Bureau of Internal Revenue not later than thirty days from date of sale. History: Added Oct. 8, 1979, No. 4359, § 4, Sess. L. 1979, p. 148; amended Aug. 22, 1980, No. 4473, § 3(a) (1), Sess. L. 1980, p. 147; Apr. 2, 1981, No. 4536, § 5, Sess. L. 1981, p. 20; July 31, 1982, No. 4736, § 7, Sess. L. 1982, p. 130.

Where excise taxes have been paid, as provided for this chapter, on the articles, goods, merchandise or commodities imported into or manufactured in the Virgin Islands and said articles, goods, merchandise or commodities are subsequently sold: (i) by the importer or manufacturer to purchasers who either take delivery and actual possession outside the Virgin Islands, or on seagoing vessels operating between foreign countries or between the United States and its territories and possessions, or (ii) with respect solely to rum and other sugar cane based alcoholic beverages, by any holder of a wholesale or retail license for the sale of alcoholic beverages issued by the Commissioner of Licensing and Consumer Affairs to purchasers who take delivery and actual possession on seagoing vessels operating between foreign countries or between the United States and its territories and possessions, or (iii) by the importer or manufacturer of rum and other sugar cane based alcoholic beverages to purchasers who take delivery within the Virgin Islands for further processing inside the Virgin Islands and subsequent shipment to the United States from the Virgin Islands, a credit or refund shall be allowed equal to the excise tax paid by the importer or manufacturer on the quantity and value of the articles, goods or merchandise being sold. The term "value" as used in this section means the lowest unit cost of such items in the inventory of the importer or manufacturer at the time of the transaction plus a markup of 5%. This credit or refund shall be paid or credited only to the importer or manufacturer who paid the excise tax at the time of importation or manufacturer or to the purchaser under subsection (iii) hereof or to the wholesale or retail license holder who has sold the alcoholic beverages in a transaction described in subsection (ii) hereof and who is authorized in writing by the importer or manufacturer who paid the excise tax to receive the credit or refund in its stead. Except as may be permitted by the preceding sentence, credit or refund cannot be claimed for excise tax paid by another importer or manufacturer History: Added Feb. 1, 1985, No. 5043, § 3, Sess. L. 1984, p. 469; amended Oct. 14, 1986, No. 5211, § 5, Sess. L. 1986, p. 324.

(a) There is established, in the Treasury of the Virgin Islands, a fund known as "The Virgin Islands Sin Tax Revolving Fund." The Commissioner of Finance shall administer the fund as a separate and distinct fund in the Treasury of the Virgin Islands. Money in the fund is available for expenditure or disbursement only as provided in this section. (b) The Fund consists of all sums appropriated to it from time to time by the Legislature of the Virgin Islands, of all money received by the Government of the Virgin Islands pursuant to section 42, subsection (a), Schedule (II) of this title, and of all gifts, donations, grants, bequests and contributions, federal or local, as may be made to the Fund. (c) From the proceeds of taxes deposited into the Fund pursuant to section 42, subsection (a), Schedule (II), the Commissioner of Finance shall disburse five percent to the Virgin Islands Council on Alcoholism and Drug Dependence annually exclusively for its treatment and prevention programs and the remaining 95% for deposit into the General Fund of the Government of the Virgin Islands. History: Added Mar. 23, 2016, No. 7839, § 2, Sess. L. 2016, p. 5, 6.

(a) Every individual and every firm, corporation, and other association doing business as defined in section 41 of this chapter in the Virgin Islands shall report their gross receipts and pay a tax of four percent (4%) on the gross receipts of such business. The tax levied under this section is imposed on the person receiving the gross receipts and is not a tax imposed directly on a purchaser. The tax shall be remitted to the Bureau of Internal Revenue. A taxpayer is subject to the gross receipts tax for doing business during any portion of the tax year. The proceeds of gross receipts taxes shall be covered into the General Fund of the Treasury of the Virgin Islands; Provided, however, That all commissions paid for the sale of Virgin Islands Lottery tickets shall be exempt from gross receipts taxation. This section shall not apply to producers within the Virgin Islands of agricultural products, as that term is defined in Title 7, section 11 of this Code. (b) The term "gross receipts" as used in this title shall mean all receipts, cash or accrued, of the taxpayer for services or derived from trade, business, commerce or sales, and the value accruing from the sale of tangible personal property or services, or both, including rentals, fees and other involvements, however, designated, without any deduction on account of the cost of the property sold, the cost of materials used, labor cost, royalties, taxes, interest or discount paid, and any other expenses whatsoever. (c) Persons, including contractors, subcontractors, consultants, vendors, or suppliers who enter the Virgin Islands to execute government-awarded contracts for public works, projects, undertakings, infrastructure, disaster recovery, or long-term reconstruction projects being done in the Virgin Islands or for the Virgin Islands regardless of the contractor's physical location are deemed to have substantial nexus and are subject to gross receipts taxes on all income, revenues, or receipts earned in connection with such activities. (d) All banks as defined by the word "bank" in Title 9, chapter 1, section 1 of the Virgin Islands Code shall be exempt from the payment of all gross receipts taxes imposed by the Government of the United States Virgin Islands. (e) Except as provided by the provisions of Title 11, Chapter 25, Virgin Islands Code, it shall be unlawful for anyone who is required by subsection (a) of this section to pay a gross receipts tax to state separately the gross receipts tax or any portion thereof on any bill or invoice to any customer or client. (f) Every individual and every firm, corporation, and other association subject to the provisions of this section and whose annual gross receipts are less than $225,000 is exempted from the payment of gross receipts tax on the first $9,000 of gross receipts each month. For the purposes of this subsection, an individual, business, or association shall be presumed to have annual gross receipts of less than $225,000 if the actual gross receipts for the preceding tax year of such individual, business, or association was less than $225,000. The presumption shall continue each month until the actual gross receipts are $225,000 or more for the taxable year, in which case the gross receipts tax is due and payable on the entire gross receipts for such tax year. Any individual, business, or association which paid gross receipts taxes on the entire gross receipts for a tax year and qualifies for the exemption provided by this subsection shall be refunded the amount which should have been exempt under this subsection. Notwithstanding any other provisions of law to the contrary, if an individual, firm, partnership, or any other association, is a member of a controlled group of more than one business at any time during the taxable period, then for purposes of this section, the gross receipts of all of such businesses shall determine the amount of the exemption granted hereunder to each member of such controlled group. If a corporation is a member of a controlled group of corporations at any time during the taxable period, then, for purposes of this section, the gross receipts of the entire controlled group shall determine the amount of the exemption granted hereunder to each and every member of such controlled group. For purposes of this subsection, the term "controlled group" means any arrangement entered into subsequent to June 1, 1982, whereby, or whereunder, (A) in the case of individual proprietorships, or any other association, ownership of more than a 50 percent interest (as evidenced by amount of investment, share of the profits, or contractual agreement) in each such entity in the group is held by the same individual, or by such individual and the members of his immediate family, or (B) in the case of corporations, two or more corporations which are connected through stock ownership with a common parent which owns more than 50 percent of the voting power or of the value of the stock of one of the other corporations in the group, or are connected through stock ownership by a single individual (or such individual and the members of his immediate family), which individual owns more than 50 percent of the voting power or of the value of the stock of one of the corporations in the group. History: Added June 11, 1959, No. 473, § 1, Sess. L. 1959, p. 87; amended Oct. 27, 1961, No. 781, § 1b, Sess. L. 1961, p. 232; July 1, 1963, No. 1047, § 1, Sess. L. 1963, p. 416; Mar. 22, 1965, No. 1368, § 1, Sess. L. 1965, Pt. I, p. 109; July 1, 1965, No. 1461, § 1, Sess. L. 1965, Pt. I, p. 346; Dec. 3, 1965, No. 1547, § 1, Sess. L. 1965, Pt. I, p. 546; Apr. 15, 1966, No. 1713, Sess. L. 1966, p. 178; Sept. 18, 1967, No. 2045, § 1, Sess. L. 1967, p. 439; June 4, 1968, No. 2234, § 1, Sess. L. 1968, Pt. II, p. 38; June 12, 1969, No. 2473, § 1, Sess. L. 1969, p. 126; July 13, 1973, No. 3465, § 1, Sess. L. 1973, p. 216; Jan. 11, 1974, No. 3516, § 1, Sess. L. 1973, p. 310; Aug. 15, 1974, No. 3616, § 2, Sess. L. 1974, p. 214; Jan. 24, 1975, No. 3663, Sess. L. 1974, p. 298; Oct. 19, 1976, No. 3890, § 1, Sess. L. 1976, p. 207; Sept. 20, 1982, No. 4740, § 4, Sess. L. 1982, p. 138; Nov. 7, 1983, No. 4877, § 300(a), (b), Sess. L. 1983, p. 225; Oct. 16, 1984, No. 5001, § 2, Sess. L. 1984, p. 269; Aug. 19, 1985, No. 5086, § 1(a), Sess. L. 1985, p. 86; June 18, 1986, No. 5172, § 5(a), Sess. L. 1986, p. 98; Sept. 17, 2008, No. 7015, §§ 1, 2, Sess. L. 2008, p. 233; amended June 13, 2025, No. 8991, § 1, Sess. L. 2025, p. -.

Excise Taxes Any person, firm, or corporation, heretofore or hereafter granted a franchise to operate a bus service in the Virgin Islands, shall be exempt from the payment of all gross receipts taxes and all excise taxes (except gasoline taxes) imposed by the Government of the United States Virgin Islands. History: Mar. 24, 1965, No. 1387, § 2, Sess. L. 1965, Pt. I, p. 125; amended July 11, 1968, No. 2280, § 2, Sess. L. 1968, Pt. II, p. 226.

Receipts and Excise Taxes Any person, firm, or corporation, granted a Certificate of Tax Exemption and Subsidy in accordance with the provisions of subtitle 4 of this title, shall be exempt from the payment of all gross receipt taxes and all excise taxes (except gasoline taxes) imposed by the Government of the United States Virgin Islands during the period such certificate is in effect. History: Added Dec. 30, 1970, No. 2904, § 2, Sess. L. 1970, p. 389.

Osmosis Water Production Plants Any person, firm or corporation that purchases, for installation in the Virgin Islands, or which constructs in the Virgin Islands a reverse osmosis water production plant shall, upon certification by the Commissioner of Public Works, be exempt from the payment of 50 percent of excise taxes on the purchase of the plant or on materials for the construction or installation of such plant and from 50 percent of the gross receipts taxes imposed by the Government of the United States Virgin Islands on such person, firm or corporation for a period of eight years or until the total exemptions equal to 50 percent of the cost of purchasing, constructing or installing such plant; Provided, however, That a person, firm or corporation which receives an excise or gross receipts exemption under any other provision of law shall not be eligible for an exemption under this section. History: Added Oct. 23, 1980, No. 4500, § 1, Sess. L. 1980, p. 236.

Taxes Any person, firm, or corporation granted an Industrial Development Certificate in accordance with chapter 12 of Title 29, Virgin Islands Code, shall be exempt from the payment of all excise taxes (except gasoline taxes) imposed by the Government of the United States Virgin Islands on raw materials and component parts brought into the Virgin Islands by the certificate holder for the purpose of producing, creating or assembling an article, good or commodity as a result of industrial or manufacturing processing of such raw materials and component parts. Said exemption shall be valid only during the period such certificate is in effect. History: Added Jan. 8, 1982, No. 4665, § 9, Sess. L. 1981, p. 294; amended Dec. 8, 1986, No. 5224, § 2, Sess. L. 1986, p. 352.

Equipment, Materials, and Supplies From Excise Taxes (a) The following articles are permitted to be imported into the Virgin Islands free of excise taxes provided such articles are imported only for temporary use within the Virgin Islands and are used exclusively for the purposes set forth below and provided further that such articles are removed from the Virgin Islands within six months from the date of importation: Professional equipment, instruments, supplies and accessories entered for use in the processing or production of items or commodities designed to transmit visual or visual and audio communication through the motion picture, television, print or other similar media, including photographic film, photographic slides, video tapes, cassettes, video disks or any other vehicle for such transmittal; Provided, however, That all such items exempted under this section shall be properly identified upon entry by registration number or other means of proper identification on the item. (b) The sixth-month period provided in subsection (a) of this section may be extended, upon application, for no more than one additional period of six months. (c) Upon the sale or transfer of any article described in subsection (a) or upon the first use of such article for a purpose other than that described in subsection (a) or upon the expiration of the six-month period described in subsection (a) or the extension thereof, excise taxes at the lawful rate at the time of importation shall immediately become due and payable. History: Added Mar. 24, 1983, No. 4789, § 1, Sess. L. 1983, p. 17.

Receipts and Excise Taxes Any person, firm, association or corporation, granted a license in accordance with section 1402 and section 1403 of Title 22, Virgin Islands Code, shall be exempt from the payment of all gross receipts taxes and all excise taxes (except gasoline taxes) imposed by the Government of the United States Virgin Islands during the period such license is in effect. History: Added Mar. 7, 1984, No. 4900, § 3, Sess. L. 1984, p. 49; amended Oct. 13, 1993, No. 5891, § 4, Sess. L. 1993, p. 234.

Receipts and Excise Taxes (a) Providers of affordable housing pursuant to an approved Affordable Housing Development Agreement entered into with the Government of the United States Virgin Islands under the United States Virgin Islands Affordable Housing Program shall be exempt from the payment of excise taxes on building materials, articles, supplies, goods, merchandise and tools to be used exclusively in the production of affordable housing units and gross receipts connected with the production of such affordable housing, as provided in Title 29, section 713e, of this code. (b) Subcontractors who perform work on affordable housing projects pursuant to the United States Virgin Islands Affordable Housing Program shall be exempt from the payment of gross receipts taxes on receipts connected with the production of such affordable housing, pursuant to Title 29, section 713e of this code, in the same manner as such exemption is applied to the providers of affordable housing. (c) Vendors of construction supplies and material for use in affordable housing projects pursuant to the Virgin Islands Affordable Housing Program shall be exempt from the payment of excise taxes and gross receipt taxes, in the same manner that such exemption is provided to providers of affordable housing in section 43g(a) of the title and subcontractors in section 43g(b). (d) (1) Local suppliers of that portion of supplies and materials provided exclusively to constructors and subcontractors to be used in affordable housing projects as provided under the United States Virgin Islands Affordable Housing Program, Title 29, cTitle 296,chapter 16ode. (2) The Virgin Islands Housing Finance Authority shall establish rules and regulations for providing certification to the Virgin Islands Bureau of Internal Revenue on materials and supplies purchased from local suppliers as provided under paragraph (1) of this subsection. The Virgin Islands Bureau of Internal Revenue shall, upon receipt of the certification, provide a tax credit to local suppliers for the face value of the certificate. History: Added Mar. 19, 1990, No. 5523, § 16, Sess. L. 1990, p. 67; amended May 3, 1994, No. 5978, § 8, Sess. L. 1994, p. 69; Apr. 1, 2008, No. 6973, § 17, Sess. L. 2007, p. 190.

Federally Funded Projects Any project being constructed or rehabilitated with funds provided through a direct loan from the United States Department of Housing and Urban Development pursuant to Section 202 of the Housing Act of 1959, as amended (12 U.S.C. §1701q) or Section 811 of the Cranston- Gonzales National Affordable Housing Act (42 U.S.C. §8013), and a contractor or subcontractor thereof, shall be exempt from the payment of all excise and gross receipt taxes related to the construction or rehabilitation of the project; provided, however, that eligibility for such tax exemption shall be conditioned upon the following: (a) Any contractor or subcontractor shall guarantee that preference in employment for the project shall first be given to citizens of the United States who have resided in the Virgin Islands for at least one year or permanent residence who have resided in the Virgin Islands for at least one year, and who are qualified to perform the work to which employment relates; proof of residency shall be demonstrated by: (A) possession of a: (i) W-2 Form; or (ii) voters registration card; or (iii) permanent resident card; or (iv) Virgin Islands driver's license; and (B) having been domiciled in the Virgin Islands; and (C) being a resident of the Virgin Islands at the end of the most recent taxable year for the purpose of satisfying his federal income tax liability; or (2) being a member of the United States Armed Services having been enlisted in the Virgin Islands or being a domiciliary of the Virgin Islands having been enlisted in another jurisdiction; or (3) being a student who is a resident of the Virgin Islands and is engaged in educational pursuits outside the Virgin Islands. (b) Every contractor or subcontractor shall certify in writing to the Commissioner of Labor that they will comply with the provisions of subsection (a) of this section and will grant preference in hiring to Virgin Islands residents and that they will utilize the services of the Employment Security Agency of the Department of Labor both in the initial hiring and in the filling of vacancies during the term of the proposed project. (c) Every contractor and subcontractor shall certify in writing to the Commissioner of Labor that they will have at least eighty percent (80%) Virgin Islands domiciliaries, sixty percent (60%) minorities and veterans, twenty-five percent (25%) women and ten percent (10%) handicapped employed on the project. (d) Every contractor and subcontractor shall guarantee and shall certify in writing to the Commissioner of Labor that all materials, supplies and equipment shall be purchased in the Virgin Islands. (e) If the Commissioner of Labor determines that any provision of this section has been violated, he is authorized to petition the District Court for an injunction to stop any further work on the project until such time as the contractor and subcontractor are in compliance with all provisions of this section. The Commissioner of Labor is further authorized to impose an administrative fine of $1,500 a day for every day that a contractor or subcontractor is in violation of any provision of this section. Any fine that is imposed may be appealed to the District Court within 30 days of the date of the imposition of the last fine that is imposed. (f) The Commissioner of Labor shall monitor the construction of the project and shall certify in writing to the Governor and the Legislature within 60 days of the commencement of the project that the contractor has complied with the Small Business Subcontracting Program, the Small Business Development Agency Set-aside Program, and any other applicable federal statutes, rules and regulations with respect to the hiring of local residents. History: Added Sept. 27, 1991, No. 5721, § 1, Sess. L. 1991, p. 60.

and Excise Taxes The Army and Air Force Exchange Service, which operates a post exchange under a memorandum of agreement in the Virgin Islands, shall be exempt from the payment of all gross receipt and excise taxes imposed by the Government of the United States Virgin Islands for the duration of that agreement. History: Added Sept. 11, 1992, No. 5807, § 1, Sess. L. 1992, p. 114.

Products Sold to the Virgin Islands Water and Power Authority All gasoline and fuel products sold to the Virgin Islands Water and Power Authority shall be exempt from the payment of all gross receipts taxes imposed by the Government of the Virgin Islands. History: Added Oct. 5, 2012, No. 7414, § 10, Sess. L. 2012, p. 307-308.

Healthcare Payments All Medicaid and Medicare reimbursements made to Virgin Islands physicians and healthcare facilities are subject to the payment of all gross receipts taxes at 2.5 percent imposed by the Government of the Virgin Islands. History: Added June 14, 2018, No. 8055, § 3, Sess. L. 2018, p. 89; amended Oct. 12, 2018, No. 8130, § 3(a), Sess. L. 2018, p. 248; amended Nov. 10, 2018, No. 8146, § 1, Sess. L. 2018, p. 312.

(a) The Government of the Virgin Islands, including its instrumentalities, agencies and public corporations, when making a payment as defined under subsection (b) of this section, to any person, partnership, firm, corporation, or other business association that is subject to the payment of gross receipts tax under the provisions of this title, shall deduct and withhold from such payment gross receipts tax equal to four percent of such payment. Such tax shall be paid to the Virgin Islands Bureau of Internal Revenue within ten days of the last day of the calendar month during which such tax was withheld on forms to be provided by the Virgin Islands Bureau of Internal Revenue. (b) For purposes of withholding under this section, "payment" is defined as the following: (1) any single payment of at least $30,000; and (2) any payment pursuant to a contract providing for a total expenditure of $225,000 or more. (c) Every person, partnership, firm, corporation, or other business association whose annual gross receipts are greater than $225,000 or any business that has been established for less than five years and who is subject to the payment of gross receipts taxes under the provisions of this title shall file a return each month with the Director of the Virgin Islands Bureau of Internal Revenue, on forms to be provided by the Virgin Islands Bureau of Internal Revenue, declaring the dollar value of the gross receipts during the calendar month along with such books or records as may be required by the Virgin Islands Bureau of Internal Revenue, accompanied by payment of taxes due on said gross receipts for such calendar month. Every such person, partnership, firm, corporation, or other business association will receive a credit for any gross receipts tax withheld under subsection (a) of this section. The returns and payments required by this subsection shall be due within 30 calendar days following the last day of the calendar month concerned. (d) Every person, partnership, firm, corporation, or other business association that is subject to the payment of excise taxes on articles, goods, merchandise, or commodities delivered to the importer or consignee in the Virgin Islands by the United States Postal Service, under the provisions of this title, shall file a return each month with the Director of the Virgin Islands Bureau of Internal Revenue, on forms to be provided by the Virgin Islands Bureau of Internal Revenue, declaring the dollar value of the taxable imports delivered by the United States Postal Service during the calendar month along with such other books or records as may be required by the Virgin Islands Bureau of Internal Revenue, accompanied by the payment of the excise taxes due on such shipments received from the United States Postal Service for such calendar month. The returns and payments required by this subsection shall be due within 30 calendar days following the last day of the calendar month concerned. (e) Upon receipt by the Bureau of Internal Revenue of excise tax returns filed at the time of importation or of the gross receipts tax returns required under subsections (a), (c) and (d) of this section, the Director of the Bureau of Internal Revenue shall cause such returns to be examined and the applicable tax computed. The Director shall thereafter notify the taxpayer of any deficiency that may be due thereon and after such notice, the amount of the deficiency plus penalties shall be a lien in favor of the Government of the Virgin Islands upon all property or rights to the property, whether real or personal, belonging to such taxpayer. The amount may be collected by seizure and sale of such property. History: Added June 11, 1959, No. 473, § 1, Sess. L. 1959, p. 79; amended Mar. 8, 1967, No. 1872, § 1, Sess. L. 1967, p. 38; Oct. 8, 1979, No. 4359, § 3, Sess. L. 1979, p. 148; Aug. 22, 1980, No. 4473, § 3(a)(1), (2), (f), Sess. L. 1980, p. 147, 148; Apr. 2, 1981, No. 4536, § 6, Sess. L. 1981, p. 23; July 31, 1982, No. 4736, §§ 5, 7, Sess. L. 1982, p. 130; Oct. 18, 1984, No. 5015, § 7(a), Sess. L. 1984, p. 379; May 14, 1985, No. 5060, § 301(c), Sess. L. 1985, p. 45; Oct. 14, 1986, No. 5211, § 7, Sess. L. 1986, p. 325; Oct. 7, 1997, No. 6154, § 1, Sess. L. 1997, p. 53; May 29, 1998, No. 6232, § 5, Sess. L. 1998, p. 329; May 9, 2011, No. 7260, § 7(1)-(3), Sess. L. 2011, p. 84; amended July 16, 2020, No. 8251, § 1(a), Sess. L. 2019, p. 151.

By Director; Waiver of Penalties (a) Every person, partnership, firm, corporation or other business association failing to file reports or pay the total amount of tax within the time required by this chapter is subject to the payment of a penalty at the rate of five (5) percent per month or any fraction thereof, but not exceeding 25 percent in the aggregate; Provided, That if the gross receipts tax report or the excise tax report on United States Postal Service shipments is not received within 30 days after the due date of such report, the Director of the Bureau of Internal Revenue shall make arbitrary determination of the tax for the delinquent taxpayer, and after giving him due notice, proceed to collect the tax plus the penalties as provided by this chapter. The report shall consist of an estimated amount of tax due and chargeable against the delinquent taxpayer. Provided further, that the penalties provided for, and paid, under this chapter and under the provisions of sections 1281 (relating to failure to file tax return), and 1285 (relating to bad checks) of this title, shall not be considered to be taxes or additions to tax which are subject to the allowance of credit on the exportation of articles, goods, merchandise, and commodities from the Virgin Islands for purposes of computing the credit under the provisions of section 42d of this chapter. Every hotelkeeper or innkeeper failing to file reports or pay the total amount of tax within the time required by this chapter is subject to the payment of a penalty at the rate of fifteen percent (15%) per month or any fraction thereof, but not exceeding twenty-five percent (25%) in the aggregate. (b) When the arbitrary determination of tax due is made, as provided in subsection (a) of this section, the taxpayer shall be billed for said amount and may be proceeded against in any way that any other delinquent taxpayer may be proceeded against, including the levy and attachment and sale of property, whether real or personal; Provided, however, That the taxpayer may file a petition in the Superior Court asking that such execution be stayed, pending determination of the actual amount due. The Court shall advance such petition and shall hear such relevant evidence as the taxpayer and tax administration authority may produce and shall, in the light of such evidence, arrive at the amount the taxpayer should have paid had he complied with the law. Whereupon, the taxpayer shall be required to pay such amount plus any accrued penalty and Court costs. (c) The Director of the Virgin Islands Bureau of Internal Revenue after arbitrarily determining the amount of tax due may, upon the taxpayer having complied with the law by furnishing the information required prior to the levy of attachment, reach any agreement with the taxpayer respecting the amount due, plus accrued penalties. (d) The Director of the Virgin Islands Bureau of Internal Revenue, upon satisfactory proof by a taxpayer that failure to file a return or pay any tax or penalty required under the provisions of this chapter was due to reasonable cause and not due to wilful neglect, may waive any and all penalties. (e) The Director of the Virgin Islands Bureau of Internal Revenue is prohibited from retroactively assessing penalties and fees on any business that has been established for less than five years that exceeds annual gross receipts of $225,000 but exercised the exemption on the payment of gross receipts tax on the first $9,000 of gross receipts each month, pursuant to section 43(f) of this chapter, in the months prior to exceeding the $225,000 threshold. History: Added June 11, 1959, No. 473, § 1, Sess. L. 1959, p. 79; amended Sept. 9, 1976, No 3876, § 5, Sess. L. 1976, p. 197; Oct. 8, 1979, No. 4359, § 5(b), Sess. L. 1979, p. 151; Aug. 22, 1980, No. 4473, § 3(a) (1), (2), Sess. L. 1980, p. 147; Apr. 2, 1981, No. 4536, § 7(a), Sess. L. 1981, p. 23; July 31, 1982, No. 4736, §§ 6, 7, Sess. L. 1982, p. 130; May 14, 1985, No. 5060, § 301(b), Sess. L. 1985, p. 45; amended July 16, 2020, No. 8251, § 1(b), Sess. L. 2019, p. 151.

History: Repealed. Apr. 5, 1965, No. 1412, § 3, Sess. L. 1965, Pt. I, p. 151.

(a) A tax at the rate of five percent on gross receipts shall be levied on all performances, or entertainments, not including dances, but including cock-fights, horse races, theatrical performances, motion picture shows, boxing matches, circuses and concerts where admission is charged or where admission is available to contributors, or where or for which contributions are solicited; Provided, however, That this tax shall not apply in the case of any event held by or sponsored by any officially recognized religious, charitable, benevolent-civic, educational or other organization when not engaged in the conduct of business for profit. (b) The owner or operator of any theater, auditorium, building or property where performances and entertainments are held shall be jointly liable with the managers or conductors of such performances or entertainments for making reports and payments at such periods of time as the head of the Tax Division shall require. History: Added June 11, 1959, No. 473, § 1, Sess. L. 1959, p. 81; amended Aug. 22, 1980, No. 4473, § 3(f), Sess. L. 1980, p. 148; Sept. 3, 1993, No. 5887, § 1, Sess. L. 1993, p. 208.

All persons, partnerships, firms, corporations, or other business associations engaged in a trade or business in the Virgin Islands shall keep such records as are adequate and necessary for them to prepare the several reports required by this chapter, and the Director of the Virgin Islands Bureau of Internal Revenue and his agents are authorized to examine any books, records, papers or other information bearing upon matters covered by this chapter and he may require the attendance of a taxpayer having knowledge of such books, records, etc., as much as may be necessary for proper enforcement of this chapter. History: Added June 11, 1959, No. 473, § 1, Sess. L. 1959, p. 81; amended July 31, 1982, No. 4736, § 7, Sess. L. 1982, p. 130.

History: Repealed. Dec. 24, 1968, No. 2375, § 2(b), Sess. L. 1968, Pt. II, p. 408.

Collection (a) The employees of the United States Customs Department and the United States Postal Service are hereby authorized, pursuant to Act of Congress of June 24, 1932, to assist the appropriate officials of the Government of the United States Virgin Islands in the assessment and collection of the excise taxes herein imposed. (b) Any customs officer may at any time go on board any vessel or aircraft arriving in the Virgin Islands from any place outside thereof and examine, inspect and search the vessel or aircraft and any person, baggage, package, or cargo on board, or which is being, or has been, unladen from such vessel or aircraft. History: Added June 11, 1959, No. 473, § 1, Sess. L. 1959, p. 82; amended Oct. 8, 1979, No. 4359, § 6, Sess. L. 1979, p. 152; Apr. 2, 1981, No. 4536, § 8, Sess. L. 1981, p. 24; July 31, 1982, No. 4736, § 7, Sess. L. 1982, p. 130.

The Governor may issue regulations not in conflict with this law for the assessment and collection of the taxes provided herein, and for the proper functioning of this law. History: Added June 11, 1959, No. 473, § 1, Sess. L. 1959, p. 82.

This law shall not apply to agencies of the Territorial or Federal Government, religious, charitable, benevolent or educational organizations when not engaged in the conduct of business pursuits for profits, nor shall it apply to transactions involving a charitable or benevolent purpose. History: Added June 11, 1959, No. 473, § 1, Sess. L. 1959, p. 82.

(a) Any person, partnership, firm, corporation or other business association who shall wilfully fail or refuse to comply with any requirement of this law, or who submits a fraudulent report to the Tax Division shall pay a fine not to exceed one hundred fifty dollars ($150) or shall be imprisoned for a period not to exceed 30 days, or both. (b) Sloops, schooners or any other type of carrier bringing merchandise taxable under this chapter from French, British, Dutch or other foreign islands shall not deliver any cargo until boarded and inspected by a customs official or any other official authorized by the Federal Government or the Government of the United States Virgin Islands. Any ship's master or other ship officer found violating this provision will be subject to a fine of not more than $500 or not more than 30 days imprisonment, or both. (c) Any importer or ship's captain or officer convicted of smuggling merchandise covered by this chapter or falsifying invoices or manifests shall be subject to a fine of not more than $500 or not more than 30 days imprisonment, or both. (d) Any importer convicted of violating the provisions of this chapter shall have his importer's and business license suspended for not more than one year, in addition to any other penalty provided by this chapter. (e) If any consignor, seller, owner, importer, consignee, carrier, or other person enters or introduces, or attempts to enter or introduce, any articles, goods, merchandise, or commodities into the Virgin Islands by means of any false document, statement, or practice such person or persons shall be liable to a civil penalty equal to three times the sum of customs duties and excise taxes otherwise determined to be due. Such penalty shall constitute a lien against the merchandise which may be seized and held by the District Director of Customs or the Director of Internal Revenue until all penalty liability is satisfied. History: Added June 11, 1959, No. 473, § 1, Sess. L. 1959, p. 83; amended Oct. 8, 1979, No. 4359, § 7, Sess. L. 1979, p. 152; Aug. 22, 1980, No. 4473, § 3(a)(1), Sess. L. 1980, p. 147; Apr. 2, 1981, No. 4536, § 9, § Sess. L. 1981, p. 24; May 14, 1985, No. 5060, § 107(d), Sess. L. 1985, p. 27; Oct. 28, 1985, No. 5106, § 3, Sess. L. 1985, p. 154.

(a) For purposes of this section only- (1) "Hotel" means every building or other structure or group of structures, including apartments, condominiums, timeshare developments and residences, kept, used, maintained, rented, leased, advertised or held out to the public to be a place where sleeping accommodations are furnished by the day, week, month or season, for pay, to guests, whether with or without meals; (2) "Hotelkeeper or innkeeper" means any person, firm, corporation, partnership, limited liability company, trust, association or enterprise owning or administering a hotel as defined in paragraph (1) above, for a profitparagraph (1)s the owner, lessor or concessionaire as well as their agents and employees; including the person or persons who facilitate the rental or sale of a hotel or motel room and/or who collects all or any portion of the payment made for the rental of accommodations, including for any integral and/or non-optional services or service fees for which a guest is directly or indirectly responsible by virtue of the guest's booking, reservation, or payment; and notwithstanding any other provisions of law, all such actions shall be deemed doing business in the Territory and subject to enforcement in the jurisdiction; (3) "Guest" means an individual who has registered in a hotel and to whom a room has been assigned and also an individual who has rented or leased an apartment, condominium, timeshare or residence for a day, week, month or season, provided that the period of time of the rental or lease is less than 90 days. As used in this section, "guest" includes an individual occupying sleeping accommodations at a timeshare development based on his participation in an exchange program as defined in paragraph (4) of this paragraph (4) based on any other similar arrangement, but the term does not include an individual occupying sleeping accommodations at the timeshare development based on an ownership interest at a timeshare development in the Virgin Islands. This paragraph may not be construed as exempting from the hotel tax any individual occupying sleeping accommodations at a timeshare development on the basis of an ownership interest in a timeshare development located outside the Virgin Islands. (4) "Exchange program" means any method, arrangement, or procedure for voluntary exchange of the right to use and occupy accommodations among owners of interests in timeshare developments. (5) "Person" means any natural person, trustee, receiver, administrator, executor, conservator, assignee, trust in perpetuity, trust for a term, estate, firm, co-partnership, joint venture, club, company, business trust, domestic or foreign corporation, association, syndicate, society, third-party agent or agency, online or offline travel company or agent, facilitator, intermediaries of any type, or group of individuals acting as a unit, whether mutual cooperative, fraternal, nonprofit, or otherwise. Whenever the term person is used in any clause prescribing and imposing a penalty, the term as applied to partnerships means the partners thereof; and as applied to associations, means the owners or part-owners thereof; and as applied to corporations, the officers thereof. (b) (1) Every guest of a hotel as defined above shall pay to the Government of the United States Virgin Islands a tax to be collected and remitted to the Government by the hotelkeeper or innkeeper as defined in subsection (a), including any person or persons who are the owners or who facilitate the rental or sale of a hotel room and who are deemed to be doing business in the Territory, at the rate of 12.5 percent of the gross room rate or rental. For the purposes of this section, "gross room rate or rental" shall include the room rate plus any additional charges, such as an energy surcharge or a maintenance fee, including any and all service charges and amounts paid to or received by agents, brokers, third-party companies, including any persons, online travel companies, online travel agencies, online travel intermediaries, or online facilitators of any type. (2) The Environmental/Infrastructure Impact Fee is established and applicable to timeshares, for purposes of this section, the term, "Environmental/Infrastructure Impact Fee" means the new occupancy lodging fee that is levied on timeshare owners/users by the Virgin Islands Government per night of occupancy described in paragraph (3). (3) The Environmental/Infrastructure Impact Fee must be assessed, collected, managed, and dispersed in the following manner: (A) Each timeshare unit is assessed an Environmental/Infrastructure Impact Fee of $25.00 per day of occupancy. (B) The timeshare plan manager is responsible for collecting the Environmental/Infrastructure Impact Fee, filing the tax returns and paying the fee, plus any applicable interest or penalties, as required by this section, to the V.I. Bureau of Internal Revenue. The timeshare association is responsible for any and all assessments or liens. (C) The timeshare plan manager shall prepare and maintain the Environmental/Infrastructure Impact Fee worksheet and shall produce it upon request by the V.I. Bureau of Internal Revenue or the Internal Revenue Service. (D) Revenues collected pursuant to this paragraph must be allocated as follows: (i) 15% of the Environmental/Infrastructure Impact Fee revenue collected must be allocated to the V.I. Tourism Advertising Revolving Fund; (ii) For the remainder of fiscal year 2017 and for fiscal years 2018, 2019, 2020, and 2021, 85% of the Environmental/Infrastructure Impact Fee revenue collected must be allocated to the General Fund. Commencing in fiscal year 2018 and in fiscal year 2019, up to $4,000,000 of such amount deposited into the General Fund during each such fiscal year must be appropriated to and divided equally between the Roy Lester Schneider Medical Center and Juan Luis Hospital and Medical Center at the direction of the Director of the Office of Management and Budget. (iii) For fiscal years 2024 and thereafter, 85% of the Environmental/Infrastructure Impact Fee revenue collected must be allocated to the General Fund. (E) [Reserved.] (F) The Bureau of Economic Research, in collaboration with the Post Audit Division, shall conduct a study on the impact of timeshare activities and components in the Virgin Islands within two years of implementation. (c) The hotelkeeper or innkeeper, or other responsible party, including any person or persons as defined in subsection (a)(5), shall indicate the amount of the tax as a separate item on the statement or charges given each hotel guest or other payors and shall be jointly liable with the owner or operator of the hotel for making such reports and payments at such intervals as the Director of the Bureau of Internal Revenue shall require. Any failure to itemize shall result in the full or total charges being taxed, plus penalties as set forth in subsection (h). (d) The provisions of Title 33, section 45, Virgin Islands Code (penalty for failure to file, report, or pay tax; arbitrary assessments; and waiver of penalties), section 48 (taxpayer's records) and section 54(i) (penalties) are equally applicable to this section. (e) The Director of Internal Revenue shall cover all payments made pursuant to this section as provided in this section: (1) At the beginning of each fiscal year, the funds collected under subsection (b)(1) must be deposited into the Tourism Advertising Revolving Fund established pursuant to section 3072 of this title; except that (A) Not less than $1,000,000 must be deposited into the Agriculture Revolving Fund established pursuant to section 3018 of this title no later than June 30 of each year. The funds remain available until expended. (B) Not less than $1,000,000 must be used for the development and promotion of sports tourism. The funds remain available until expended. (C) Not less than $500,000 must be transferred to the Department of Education for inter- scholastic competitions of Virgin Islands public high school athletes in games on St. Croix, St. Thomas, St. John, the British Virgin Islands and Puerto Rico. The funds remain available until expended. (D) Not less than $500,000 must be used by the Department of Sports, Parks and Recreation for recreation and sports activity programs. The funds remain available until expended. (2) At the beginning of each fiscal year, the funds collected under subsection (b)(2) must be deposited into the Tourism Advertising Revolving Fund established under section 3072 of this title for the following purposes: (1) 25% for advertising the Virgin Islands; (2) 25% for exclusively advertising the island of St. John; (3) 25% for exclusively advertising the island of St. Croix; (4) 25% for exclusively advertising the marine industry of the Virgin Islands. (f) Returns and payments of a hotelkeeper or innkeeper shall be due within thirty (30) calendar days following the last day of the calendar month concerned. (g) The Director of Internal Revenue shall assign an appropriate number of employees to investigate and collect room taxes from hotel and inn keepers of residences, kept, used, maintained, rented, leased, advertised or held out to the public to be a place where sleeping accommodations are furnished by the day, week, month or season, for pay. (h) Any hotel keeper or innkeeper including any person as defined in subsection (a)(5), who willfully fails or refuses to comply with this section, or who submits a fraudulent report to the Bureau of Internal Revenue is subject to a fine not to exceed $10,000 for each violation and imprisoned for a period not to exceed 30 days, or both the fine and the imprisonment. (i) For the purposes of this section, if for any reason the hotel room tax is not paid when due, the following penalties apply to the past due hotel tax amount: (1) If the tax owed is not paid by the due date, a 5% penalty must be applied to the unpaid principal; (2) If the tax owed is more than 30 days late, a 15% penalty must be applied to the unpaid principal; (3) If the tax is more than 90 days late, a 25% penalty must be applied to the unpaid principal; (4) If the tax is more than 180 days late, 50% penalty must be applied to the unpaid principal; (5) If the tax is more than one year late, a 100% penalty must be applied to the unpaid principal; and (6) In addition to the penalties in this subsection, compounding interest at the rate of 1% per month must be applied to the unpaid principal and any and all penalties owed. All of the penalties in this subsection are intended to apply to the full extent permissible constitutionally and under the law. (j) If a civil action is commenced in compliance with 33 V.I.C. § 1661, no administrative process is required prior to the initiation of a civil action in a court of proper jurisdiction brought to collect unpaid taxes and any penalties or interest due thereon. (k) If any civil action is commenced and is successful in recovering taxes owed, including any and all penalties and interest due thereon, reasonable attorney's fees and costs of litigation shall be assessed on the liable taxpayer. (l) Every person subject to the tax imposed by this section shall keep separate books or records of the person's business so as to show the rents and occupancies taxable under this section separately from the transactions not taxable under this section. If any such person fails to keep such books or records, the person shall be fined $100 per tax period, as defined in this section for which such books and records were not kept. History: Added July 13, 1978, No. 4155, § 11(a), Sess. L. 1978, p. 147; amended Aug. 22, 1980, No. 4473, § 3(a)(1), Sess. L. 1980, p. 147; Nov. 7, 1983, No. 4877, § 302, Sess. L. 1983, p. 226; Feb. 1, 1985, No. 5042, § 1, Sess. L. 1984, p. 465; May 14, 1985, No. 5060, § 301(a), Sess. L. 1985, p. 45; June 18, 1986, No. 5172, § 19(a), Sess. L. 1986, p. 102; Jan. 6, 1987, No. 5249, § 6(a), Sess. L. 1986, p. 443; Nov. 7, 1988, No. 5394, § 5, Sess. L. 1988, p. 370; Jan. 23, 1990, No. 5498, § 1, Sess. L. 1990, p. 8; Jan. 13, 1994, No. 5948, § 107, Sess. L. 1993, p. 337; Oct. 7, 1997, No. 6154, § 2, Sess. L. 1997, p. 54; Oct. 31, 1998, No. 6269, §§ 8 1., 2., Sess. L. 1998, p. 447; Feb. 1, 2001, No. 6391, § 1(a)(1), Sess. L. 2000, p. 431; May 2, 2001, No. 6392, § 1, Sess. L. 2001, p. 1; Apr. 15, 2002, No. 6395, § 1, Sess. L. 2001, p. 8; June 5, 2001, No. 6405, § 2, Sess. L. 2001, p. 26; Jan. 1, 2012, No. 7248, § 4, Sess. L. 2011, p. 15; amended Dec. 6, 2013, No. 7574, § 7, Sess. L. 2013, p. 282; amended Jan. 1, 2016, No. 7767, § 3(a), (b), Sess. L. 2015, p. 93; amended May 1, 2017, No. 7987, § II.1, Sess. L. 2017, p. 6-8; amended June 26, 2017, No. 8002, § 12, Sess. L. 2017, p. 33; amended Mar. 15, 2022, No. 8528, § 1(a)(1)-(3), (b)(1), (2), (c)-(g), Sess. L. 2021, p. 236-238.

(a) Every individual, firm, corporation, or other telephone company engaged in the business of providing telecommunication service in the Virgin Islands shall pay a monthly telephonic long-distance surtax of two and one-half percent (2.5%) on the total charges of all telecommunication long-distance calls originating from or terminating in the Virgin Islands from such service provider facilities. (b) The surtax imposed by this section shall be paid by the company and shall not be added to or passed on to the telephone user, or listed as a separate item on bills rendered by the telecommunication carriers service provider to customers. (c) Every individual, firm, corporation, or other telephone company shall file a report with the Director of the Bureau of Internal Revenue on forms to be provided by the Bureau of Internal Revenue, declaring the dollar value of the provider's total charges of all telephone calls originating from or terminating in the Virgin Islands. The report and payment shall be due within thirty (30) days following the last day of the calendar month concerned. (d) As used in this section, the word: (1) "Telecommunication long-distance call" means an automated machine and/or operator-assisted toll call originating from or terminating in the United States Virgin Islands, and which is charged in the records of the telecommunications service provider to the consumer's telephone number or account in the Virgin Islands. (2) "Telecommunications service provider" means any individual, firm, corporation, or other company providing telecommunication service in the Virgin Islands. (3) "Telecommunication service" means the transmission via a telephonic long-distance call of any interactive, two-way electromagnetic communications, including voice, image, data, and information through the use of any medium such as wires, cables, fiber optics, microwaves, cellular phones, radio waves, light waves, or any combination of those or similar media. (e) Of the funds collected pursuant to this section sixty-five percent (65%) shall be deposited into the Tourism Advertising Revolving Fund, established pursuant to Title 33, section 3072, of this Code, to be used for the purposes set forth therein and thirty-five percent (35%) shall be deposited into the Union Arbitration Award and Government Employees Increment Fund as established under Title 33, section 3066 of this Code. (f) The Director of the Bureau of Internal Revenue is authorized to promulgate such rules and regulations as may be deemed necessary, in accordance with Title 3, chapter 35, Virgin Islands Code, to effectuate the purposes of this section. The Director shall also establish a procedure for the systematic transfer of all sums collected pursuant to this section into the Tourism Advertising Revolving Fund, and the Union Arbitration Award and Government Employees Increment Fund. History: Added Oct. 31, 1998, No. 6276, § 6, Sess. L. 1998, p. 489.

History: Repealed. Aug. 1, 2003, No. 6590, § 6, Sess. L. 2003, p. 51.

(a) As used in the section the term- (1) "Cruise ship" means a passenger vessel over 100 gross tons which is authorized to carry more than 12 passengers for hire making voyages lasting more than 24 hours, of which any part is on the high seas. The term does not include a ferry boat. (2) "Marine terminal operator" means a person engaged in St. Thomas and St. John in the business of furnishing wharfage, dock, warehouse, or other terminal facilities in connection with cruise ships and other ocean common carriers. The term includes all public and private operators and specifically includes the Virgin Islands Port Authority and the West Indian Company, Limited. (b) Every passenger transported by a cruise ship using the facilities of a marine terminal operator in the District of St. Thomas and St. John shall pay to the Virgin Islands Port Authority a marine terminal user's tax at the rate of $1 per passenger collected by the marine terminal operator and remitted to the Virgin Islands Port Authority. (c) The tax imposed by subsection (b) is not a part of the rate structure of the West Indian Company Limited, or the Virgin Islands Port Authority. History: Added Jan. 1, 2012, No. 7245, § 1, Sess. L. 2011, pp. 7, 8; amended Oct. 5, 2012, No. 7414, § 9, Sess. L. 2012, p. 307; amended July 19, 2013, No. 7494, §§ 1, 2, Sess. L. 2013, p. 29.

(a) As used in this section the following terms have the following meanings: (1) "Access line" includes residence and business telephone lines and other switched packet or circuit lines connecting the customer premises to the public switched telephone network for the transmission of outgoing voice-grade-capable telecommunications services. (2) "Consumer" means a person who purchases telecommunications services, including local exchange telecommunications service, interexchange telecommunications services, postpaid wireless service, and VoIP service. (3) "Dealer" means a person who sells prepaid wireless service to an end user. (4) "Emergency Services Surcharge" means the monthly surcharge that is collected by a telecommunications provider from its consumers. (5) "End User" means a person who purchases prepaid wireless service in a retail transaction. (6) "PBX" means public branch exchange and its telephone switching equipment owned by the customer and located on the customer's premises. (7) "PBX trunk" means a connection of the customer's PBX switch to the central office. (8) "Place of Primary Use" has the meaning as defined in the federal Mobile Telecommunications Sourcing Act, 4 U.S.C., §124, on the effective date of this section4 U.S.C., §4d to the business or residential address representative of the wireless telecommunications service customer's primary use of service within the Virgin Islands. (9) "Postpaid Wireless Telecommunications Services" means wireless service that is not prepaid wireless service. (10) "Prepaid Wireless Service" means wireless service that allows a caller to dial E911 to access the E911 system which is required to be paid for in advance and is sold in predetermined units or dollars of which the number declines with use in a known amount. (11) "Retail transaction" means the purchase of prepaid wireless service from a dealer for any purpose other than resale. If more than one item or article of prepaid wireless service is purchased by an end user, then each item or article purchased are deemed to be a separate retail transaction. (12) "Telecommunications Provider" means a person, business or entity engaged in providing any of the following services to consumers in the Territory: (A) Local Exchange Telecommunications Service, which is provision of telephone message transmission within an exchange; (B) VoIP Telecommunications Service, which means interconnected Voice over Internet Protocol (i.e. "VoIP") service as defined in the Code of FedCode of Federal Regulations, title 47rt 9, section 9.3, as amended; and (C) Wireless Telecommunications Service, which is Commercial Mobile Radio Service (CMRS) as defined under title 47 U.S.C., section332(d), The CommuniThe Communications Act of 1934 which provides real-time, two-way service that is interconnected with the public switched telephone network. (13) Telecommunications Provider doing business in the Virgin Islands means a Telecommunications Provider who provides service to a customer associated with the Territory through the following: (A) In the case of the mobile telephone number (MTN), the geographical location associated with the first six digits or NPA/NXX of this MTN that is associated with the U.S. Virgin Islands; (B) In the case of a local exchange customer, the physical location of the customer's address within the U.S. Virgin Islands. (C) In the case of a prepaid wireless customer, the customers "Primary Place of Use" (PPU) within the Territory; and (D) In the case of a VoIP customer, the Primary Place Use which is the customer's registered location within the Virgin Islands on the date the customer is billed. (b) Each Telecommunications provider doing business in the Virgin Islands shall collect a monthly Emergency Services Surcharge, "Monthly Surcharge," of $2.00, which must be applied to the following: (1) Each Access Line included in a local exchange consumer's account; (2) Wireless Telecommunications Service to each mobile phone number included in a consumer's account for which a place of primary use has been designated within the Territory; (3) (Blank) (4) For Centrex, PBX or other multi-station telecommunications services, the Monthly Surcharge applies to every line or trunk or PBX truck that allows simultaneous unrestricted outward dialing to the public switched telephone network; (5) For ISDN Primary Rate Interface services the Monthly Surcharge applies to every ISDN Primary Rate Interface network facility established by the customer; (6) For other channelized services in which each voice-grade channel is controlled by the Telecommunications Provider, the Monthly Surcharge applies to each line that allows simultaneous unrestricted outward dialing to the public switched telephone network; and (7) For VoIP services, the Monthly Surcharge applies to each instance VoIP service provided to a consumer who has designated a primary place of use within the Territory. (c) All monthly surcharges collected by a Telecommunications Provider must be remitted to the Virgin Islands Department of Finance no later than 30 calendar days following the last day of the calendar month in which the funds were collected. (d) If a consumer makes a payment on an outstanding billing from the Telecommunications Provider for any month less than the full amount of the bill, the monthly Surcharge must be deducted and credited to the Government of the Virgin Islands before any other credit is made. (e) On prepaid wireless telephone accounts, the surcharge must be collected by the dealer from the end user with respect to each retail transaction occurring in the Virgin Islands and remitted to the Virgin Islands Department of Finance no later than 30 calendar days following the last day of the calendar month in which the funds were collected. (1) A retail transaction that is effected in person by a consumer at a business location of the dealer must be treated as occurring in the Territory if that business location is in the Virgin Islands, and any other retail transactions must be treated as occurring in the Territory if treated as occurring in the Virgin Islands for purpose of gross receipts taxation pursuant to title 33, section 43 Virgin Islands Code. (2) The amount of the surcharge paid pursuant to this section must be either separately stated on an invoice, receipt, or similar documents that is provided to the end user by the dealer. (3) The dealer is liable for remitting to the Department of Finance all surcharges the dealer collects from the consumer, including all surcharge amounts that the dealer is deemed to have collected in cases in which the charge has not been separately stated on an invoice, receipt, or other similar document provided to the end user by the dealer. (4) The amount of the surcharge that is collected by a dealer from a consumer may not be included in the base for measuring any fee, tax, surcharge, or other charge that is imposed by the Government of the Virgin Islands or any agency or instrumentality thereof. (f) Each fiscal year, the Department of Finance shall disburse the proceeds of the emergency services surcharge as follows: (1) 40% to the Virgin Islands Territorial Emergency Management Agency; (2) 30% to the Department of Health-Emergency Medical Services Unit for supplies, training, and personnel; and (3) 30% to the Virgin Islands Fire Services. History: Added Oct. 1, 2011, No. 7261, § 14, Sess. L. 2011, pp. 92-96; amended Jan. 20, 2017, No. 7981, § 1(a), (b), Sess. L. 2016, p. 414.

History: Repealed. Oct. 10, 2007, No. 6969, § 12, Sess. L. 2007, p. 173.

History: Repealed. Oct. 10, 2007, No. 6969, § 12, Sess. L. 2007, p. 173.

The purpose of the provisions of this chapter is to provide additional funding for highway construction and maintenance. The condition of the roads and highways of the Virgin Islands result from the terrain, the climate, and a paucity of funds sufficient to finance the costly development of a satisfactory road and highway system. It is the determination of the Legislature that the highway user's tax, imposed by this chapter, is a fair and equitable means of funding a positive and comprehensive program of road and highway development, construction and maintenance. History: Added Jan. 19, 1971, No. 2923, § 3, Sess. L. 1970, p. 405; amended Mar. 8, 2010, No. 7153, § 1(1), Sess. L. 2009, p. 735.

As used in this section, the following terms have the following meanings: (a) "Fuel efficient vehicle", means a vehicle that can travel more distance with a certain volume of fuel using miles per gallon (mpg) as the means of measurement. Fuel efficient vehicles are categorized as small cars with a mpg of 30, midsized vehicles with a mpg of 25 and Sport Utility Vehicles (SUV) with a mpg of 22. (b) "Highway tax holiday", means duration of time starting from December 15 to December 31 in which individuals who purchase a fuel efficient or hybrid vehicle are exempt from the Highway Users Tax. (c) "Hybrid vehicle", means a vehicle that uses two or more distinct power sources to move the vehicle. The term most commonly refers to hybrid electric vehicles, which combine an internal combustion engine and one or more electric motors. History: Added Mar. 8, 2010, No. 7153, § 1(1), Sess. L. 2009, pp. 735, 736.

Every person (except a non-profit organization engaged in first responder emergencies related to health or life, a person or firm who or which purchases a motor vehicle to be used as either a taxicab or a bus to be operated under a franchise granted by the Governor of the Virgin Islands or any person who has purchased a new hybrid or fuel efficient vehicle or a person who purchases a motor vehicle, that at the time of such purchase, had been licensed as a taxi cab for more than five years) or firm, before registering a motor vehicle requiring licensing (whether new, used, or licensed prior thereto as a taxicab in the Virgin Islands for the first time, shall pay a highway user's tax on the unladen weight of said vehicle at the rate of sixteen cents per pound, provided, that the minimum highway user's tax for any vehicle shall be $25.00. For purposes of determining the vehicle unladen weight as used in this section, the manufacturers' shipping weight as evidenced by an established automotive publication such as, but not restricted to, National Market Report, shall be used. Where such publication does not include the weight of a specific vehicle, a bill of lading, owner's manual or other evidence of the weight may be accepted at the discretion of the Director. History: Added Jan. 19, 1971, No. 2923, § 3, Sess. L. 1970, p. 405; amended July 22, 1972, No. 3266, § 5, Sess. L. 1972, p. 223; July 13, 1973, No. 3465, § 2, Sess. L. 1973, p. 216; Oct. 25, 1973, No. 3490, § 3, Sess. L. 1973, p. 254; Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 148; June 18, 1986, No. 5172, § 16, Sess. L. 1986, p. 101; May 22, 2002, No. 6503, § 19, Sess. L. 2002, p. 273; Sept. 18, 2002, No. 6570, § 92, Sess. L. 2002, p. 565; July 14, 2003, No. 6583, § 2, Sess. L. 2003, p. 23; Jan. 9, 2009, No. 7058, § 1, Sess. L. 2008, p. 452; Mar. 8, 2010, No. 7153, § 1(2), Sess. L. 2009, p. 736.

(a) The provisions of this chapter shall be administered by the Director of the Bureau of Internal Revenue. (b) Every person subject to the highway user's tax on motor vehicles requiring licensing for highway use under this chapter shall pay the Director of the Bureau of Internal Revenue the tax as computed under section 72 of this chapter. After payment of the required tax the Director shall provide the taxpayer with two copies of a certificate which shall describe the vehicle, including the manufacturer's name, the model name, the year of manufacture (model year), the number of cylinders, the type of style of the vehicle, the identification or serial number, and such other available information as may be determined by the Director to identify the vehicle. Such certificates shall certify that the required tax has been paid; Provided, however, That each person who is exempt from the payment of the tax required by this chapter and who does not have a certificate of payment of the tax, may, upon written request therefore, obtain from the Director two copies of the certificate, with the word "EXEMPT" printed or typed thereon. One copy of the certificate shall be marked "Taxpayer's Copy" and the other shall be marked "Registration Copy - U.S. Virgin islands Police Department (V.I.P.D.)". History: Added Jan. 19, 1971, No. 2923, § 3, Sess. L. 1970, p. 406; amended Aug. 22, 1980, No. 4473, § 3(a)(1), (2), Sess. L. 1980, p. 147; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

(a) The tax imposed by this chapter shall not apply in the case of the importation of a motor vehicle by and for the sole use of a non-profit corporation organized and operated exclusively for charitable or educational purposes, as evidenced by filing with the Office of Lieutenant Governor as a non-profit corporation, no part of the net earnings of which inures to the benefit of any private shareholder or individual, and contributions to such charitable corporations are deductible under the provisions of section 170(c) of the U.S. Internal Revenue Code covering contributions to a charitable or educational organization. The exemption provided for in this section shall not apply to more than two motor vehicles imported by and for the sole use of each eligible non-profit corporation. Upon the sale or transfer of any motor vehicle exempt from taxation under this section, the tax imposed by this chapter shall immediately become due and payable unless an exemption is otherwise provided for in this chapter. (b) Each such organization which applies for the exemption as provided in subsection (a) of this section shall certify to the Director of the Bureau of Internal Revenue that the organization qualifies as a charitable organization under section 170(c) of the Internal Revenue Code; and shall certify that such vehicles are necessary for the functioning of such organization. (c) (1) There is established the Annual Highway User's Tax Holiday beginning each year at 12:01 am on December 15 and ending at 11:59 p.m. on December 31; (2) (A) During the Annual Highway Users Holiday, any individual who purchases a new hybrid vehicle or any motor vehicle capable of attaining average fuel economy starting at least 30 mpg for small to midsized vehicles and 22 mpg for SUV is exempt from the Highway User's Tax imposed by this chapter. (B) Notwithstanding subparagraph (B), an individual who purchases any motor vehicle that uses diesel fuel is not exempt from the tax imposed by this chapter. (3) To be eligible for exemption under this subsection, the vehicle must be: (A) purchased during the period designated in paragraph (1); and (B) labeled by manufacturers as hybrid vehicles or must meet the minimum criteria of the fuel efficient vehicle class. (4) For purposes of this paragraph "vehicle class" means any hybrid vehicle and fuel efficient vehicle with an MPG of the following: a. Small Cars 30 mpg b. Midsized 25 mpg; or c. SUV 22 mpg. History: Added May 16, 1984, No. 4935, Sess. L. 1984, p. 134; amended Mar. 8, 2010, No. 7153, § 1(3), Sess. L. 2009, pp. 736, 737.

(a) Every individual and every firm, corporation and other association, except those specifically exempted, who brings a container or flat rack container into the Territory, shall be assessed a tax of $50 on those containers that measure up to 39 feet in length and $100 on those containers that measure 40 feet or more in length, except that any transshipment or in-bond containers shall not be subject to this tax. (b) Definitions - for the purposes of this section (1) Containers are defined as large standard size metal boxes into which cargo is packed for shipment configured for oceangoing ships; and (2) Flat rack containers are defined as containers with no sides or frames at the front or rear of the container. (c) The tax shall be paid to the Bureau of Internal Revenue on forms provided by the Bureau, and shall be paid prior to the release of the containers by the cargo line or its agent. (d) The provisions of this section shall be ministered by the Director of the Bureau of Internal Revenue based on regulations issued by the Bureau. (e) The taxes collected by the Bureau of Internal Revenue shall be deposited into the General Fund of the Government of the Virgin Islands. History: Added Apr. 7, 2004, No. 6662, § 6, Sess. L. 2004, p. 18.

(a) Every person, business, partnership, firm, corporation or other association in the Virgin Islands that purchases motor vehicle tires shall pay a tax on each tire in the following amounts: (1) Tires 18 inches or under - $1.00 per tire; or (2) Tires over 18 inches - $2.00 per tire (b) The importer of the tire shall indicate the amount of the fee as a separate item on the statement or charges given to the person, business, partnership, firm, corporation or other association. The importer shall be responsible for making the reports and payments at such intervals as the Director of the Bureau of Internal Revenue requires. (c) Sections 45 (penalty for failure to file report or pay tax; arbitrary assessment by Director; waiver of penalties), 48 (Taxpayers' records) and 53(a) (Penalties) of chapter 3 of this title apply to the regulation of vehicle tire taxes and taxpayers under this chapter. (d) All amounts collected under this section must be deposited into the Waste Tire Management and Disposal Fund established in 19 V.I.C § 1570m within 15 days after their receipt by the Bureau of Internal Revenue. History: Added July 14, 2003, No. 6585, § 6, Sess. L. 2003, p. 27; amended Oct. 26, 2020, No. 8370, § 4(b), Sess. L. 2020, p. 176.

(a) A tax of fourteen cents is imposed on each gallon of gasoline, fossil fuel and diesel fuel (hereinafter referred to as "fuel") manufactured, sold, consumed, imported or otherwise disposed of in the Virgin Islands. (b) The tax levied by subsection (a) of this section shall be levied only once on each gallon of gasoline. (c) The tax imposed on fuel imported into the Virgin Islands under subsection (a) of this section must be paid immediately upon entry into the Territory. History: Amended July 13, 1973, No. 3465, § 3, Sess. L. 1973, p. 217; Nov. 7, 1983, No. 4877, § 305(a), Sess. L. 1983, p. 227; May 14, 1986, No. 5158, § 4, Sess. L. 1986, p. 49; Oct. 17, 2005, No. 6793, § 14, Sess. L. 2005, p. 355; May 14, 2012, No. 7360, §§ 1, 3, Sess. L. 2012, pp. 77, 78; amended Aug. 16, 2021, No. 8458, § 1, Sess. L. 2021, p. 37.

The tax provided in section 91 of this chapter is an internal revenue tax and shall be uniform and general, both on the article produced elsewhere and brought into the Virgin Islands as well as on the article manufactured or produced in the Virgin Islands.

(a) No tax shall be levied under this chapter on sales of fuel made: (1) to the Government of the Virgin Islands; (2) to purchasers of fuel to be used for fueling of aircraft, motorboats, yachts or any other motor vehicle not operating or intended for operation upon the public highway; and (3) to purchasers of fuel to be used for industrial or other purposes not connected with the fueling of motor vehicles. (b) Where a sale is made to the Government of the Virgin Islands, evidence of such sale shall be forwarded by the seller to the manufacturer or importer to be used for the purpose of obtaining exemption from the payment of fuel tax at the time of filing the monthly report. Where a sale is made to the purchaser: (1) for use in the fueling of aircraft, motorboats, yachts or any other motor vehicle not operated or intended to be operated on the public highway; or (2) for industrial or other purposes not connected with the fueling of motor vehicles; such purchaser shall execute and deliver to the seller a tax exemption certificate which shall be forwarded by the seller to the manufacturer or importer to be used for the purpose of obtaining exemption from the payment of the fuel tax at the time of filing the monthly report. History: Amended Apr. 22, 1960, No. 537, Sess. L. 1960, p. 42; July 29, 1968, No. 2317, Sess. L. 1968, Pt. II, p. 297; July 28, 1969, No. 2505, § 1, Sess. L. 1969, p. 218; July 13, 1973, No. 3465, § 4, Sess. L. 1973, p. 217; Oct. 25, 1973, No. 3490, § 1, Sess. L. 1973, p. 253; Nov. 7, 1983, No. 4877, § 305(b), (c), Sess. L. 1983, p. 227; Mar. 15, 1984, No. 4902, § 4, Sess. L. 1984, p. 60.

Each manufacturer, importer and importer-dealer of fuel, crude oil, end products derived from oil, or any other hydrocarbon mixture in the Virgin Islands shall file with the Director, under such regulations as the Director shall prescribe, a return of his fuel taxes made under penalty of perjury, showing the number of gallons of fuel imported or manufactured, and sold by him or consumed by him during the preceding month, and the number of gallons sold to the Government of the Virgin Islands and to other purchasers for uses declared to be exempt from tax under section 93 hereof. The reports and payments of each calendar month shall be due within thirty (30) days after the end of each month except for fuel imported under section 91(a) of this title in which payments are made immediately upon entry. History: Added July 28, 1969, No. 2505, § 3, Sess. L. 1969, p. 218; amended July 13, 1973, No. 3465, § 4, Sess. L. 1973, p. 218; Oct. 25, 1973, No. 3490, § 1, Sess. L. 1973, p. 254; Aug. 22, 1980, No. 4473, § 3(a) (2), Sess. L. 1980, p. 148; Dec. 23, 2003, No. 6634, § 4, Sess. L. 2003, p. 123; amended Aug. 16, 2021, No. 8458, § 2, Sess. L. 2021, p. 37.

Whoever is liable for the payment of the tax imposed by this chapter and fails to pay the same, or evades or attempts to evade the payment of such tax, shall be fined 5 percent of the amount due, and in the case of natural persons, may, in addition, be imprisoned not more than one year. History: Added July 28, 1969, No. 2505, § 5, Sess. L. 1969, p. 219.

(a) In addition to any other tax required to be paid by this chapter, whoever manufactures, produces or imports after March 15, 1980, gasoline (as that term is defined in the Presidential Proclamation hereinafter cited) for consumption in the Virgin Islands shall pay to the Government of the United States Virgin Islands a tax equal to the number of barrels of such gasoline manufactured, produced, or imported in any month times the value of the gasoline entitlement for such month as determined by the United States Department of Energy pursuant to Presidential Proclamation No. 4744, signed April 2, 1980, or any subsequent amendments thereto; Provided, however, That this tax shall not apply until April 1, 1980, if the amount levied hereunder is not credited against any amount owed the Federal Government pursuant to such Proclamation. (b) The tax required by subsection (a) of this section shall be paid to the Bureau of Internal Revenue on or before the last day of the second month following the month of manufacture, production, or importation. (c) Notwithstanding any other provision of law to the contrary, no exemption from taxation heretofore enacted shall be applicable to the tax imposed by this section. History: Added May 20, 1980, No. 4427, Sess. L. 1980, p. 47; amended Aug. 22, 1980, No. 4473, § 3(a)(3), Sess. L. 1980, p. 148.

Other Hydrocarbon Mixture (a) As used in this section, unless the context requires otherwise, the term (1) "crude oil" includes products partially composed of crude oil. (2) "index price" means the monthly arithmetical average of the price of crude oil prevailing in the first of the two months for which the price of the product taxed in the Virgin Islands is set. (3) "use" includes the consumption, sale, acquisition and transfer within the Virgin Island, but does not include refineries. (b) In addition to any other tax prescribed in this chapter, a tax shall be levied, collected and paid for the use in the Virgin Islands of crude oil, unfinished oils or end products derived from oil and any other hydrocarbon mixture, at the rates set in the following table: Price of Crude per Barrel Rate of Tax per Barrel $0.01 to $16.00 $6.00 $16.01 to $24.00 $5.00 $24.01 to $28.00 $4.00 $28.01 and higher $3.00 (c) (1) The tax imposed under subsection (b) shall be determined on the basis of the amount in barrels at room temperature. (2) The Director of the Internal Revenue Bureau shall set the index price using as a basis the price quoted in two of the following markets, among others: the New York Mercantile Exchange, West Texas Intermediate, Saudi Light, and North Sea Brent. (A) The Director shall establish the mechanism to calculate the index price through rules and regulations. (B) If there are no quotations in one or two of these markets, the Director may fix the price taking any other reliable market as a basis. (3) The Director shall determine the index price monthly under the procedures established in this subsection and shall advise the taxpayers of the applicable excise tax one week before the first day of each month. (d) The tax shall be paid pursuant to requirements in section 42a of this title, as applicable. (e) Exemptions. The tax levied in this section is not applicable to: (1) Crude oil, end products derived from oil, or any other hydrocarbon mixture used by any entity that has been granted tax exemptions under other law; (2) Crude oil, end products derived from oil or any other hydrocarbon mixture exported from Virgin Islands; (3) Crude oil, end products derived from oil or any other hydrocarbon mixture imported or sold locally to the agencies and instrumentalities of the federal government; (4) Crude oil, finished petroleum or any hydrocarbons mixture used as lubricant or fuel in the propulsion of air and maritime transportation vehicles in their air and maritime travels between the Virgin Islands and other places; (5) Crude oil, and end products derived from oil, or any other hydrocarbon mixture used as lubricants or fuel in the generation of steam for the cooking, canning and sterilizing of raw material derived from industrial fishing; or (6) Crude oil, end products derived from oil, or any other hydrocarbons mixture used in the manufacture of articles which after finishing cannot be identified as oil products taxed by this part. Any person covered by this exemption must have the previous acknowledgement and authorization of the Director. History: Added Dec. 23, 2003, No. 6634, § 2, Sess. L. 2003, p. 121.

Whoever fails to pay the tax as required in section 97 shall be subject to the penalties imposed under section 95 of this chapter. History: Added Dec. 23, 2003, No. 6634, § 2, Sess. L. 2003, p. 123.

(a) A stamp tax at the rate of two percent (2%) for property valued up to $350,000, two and one-half percent (2 1/2%) for property valued from $350,001 to $1,000,000, three percent (3%) for property valued from $1,000,001 to $5,000,000, and three and one-half percent (3 1/2%) for property valued over $5,000,001 is imposed on the transfer of title to- (1) Real property by instrument of conveyance; (2) Personal property by bill of sale. No real property may be valued at less than the assessed value by the Tax Assessor. (b) A stamp tax at the rate of $25 is imposed on each certified copy of an order, judgment, decree or other document issued by the District or Superior Court of the Virgin Islands. History: Added Mar. 29, 1968, No. 2130, Sess. L. 1968, Pt. I, p. 384; amended Nov. 7, 1983, No. 4877, § 303, Sess. L. 1983, p. 226; Dec. 2, 1999, No. 6333, § 19 1., Sess. L. 1999, p. 197; Dec. 23, 2003, No. 6630, § 1, Sess. L. 2003, p. 115.

In any case where the Commissioner of Finance finds that the value for stamp tax purposes declared by the parties differs from the actual price paid or is substantially inconsistent with current values at the time of the transfer of title, of similar properties, or where the value of the property is not recited in the context of the instrument or an endorsement thereon, the said Commissioner shall determine such value for stamp tax purposes; and the stamp tax shall be paid on the basis of the same. Any person aggrieved by a determination by the Commissioner pursuant to this subsection may take an appeal therefrom to the Superior Court within thirty (30) days from the date of receipt of notice of the determination by the Commissioner. History: Added Mar. 29, 1968, No. 2130, Sess. L. 1968, Pt. I, p. 384; amended Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197; Aug. 22, 1980, No. 4473, § 3(a)(1), (2), Sess. L. 1980, p. 147; Oct. 26, 1982, No. 4755, § 10(c)(1), (2), Sess. L. 1982, p. 173.

Stamps are to be issued by the Commissioner of Finance, who shall determine the denominations, forms and typography of the stamps. History: Added Mar. 29, 1968, No. 2130, Sess. L. 1968, Pt. I, p. 384; amended Aug. 22, 1980, No. 4473, § 3(a)(1), Sess. L. 1980, p. 147; Oct. 26, 1982, No. 4755, § 10(c)(1), Sess. L. 1982, p. 173.

The sale of stamps shall be made by the Recorder of Deeds or the Clerk of the District Court. Stamps shall be affixed to the document and canceled by the Recorder of Deeds or Clerk of the District Court. History: Added Mar. 29, 1968, No. 2130, Sess. L. 1968, Pt. I, p. 384; amended Aug. 22, 1980, No. 4473, § 3(a)(1), Sess. L. 1980, p. 147; Oct. 26, 1982, No. 4755, § 10(c)(1), Sess. L. 1982, p. 173; Oct. 21, 1988, No. 5369, § 5(a), Sess. L. 1988, p. 257.

The Commissioner of Finance may refund the value of stamps insofar as regards signed documents, if it can be ascertained that they have been rendered useless, owing to the circumstances of the case. The Commissioner of Finance shall prescribe regulations concerning the refund of unused or useless stamps. History: Added Mar. 29, 1968, No. 2130, Sess. L. 1968, Pt. I, p. 384; amended Aug. 22, 1980, No. 4473, § 3(a)(1), Sess. L. 1980, p. 147; Oct. 26, 1982, No. 4755, § 10(c)(1), Sess. L. 1982, p. 173.

Documents drawn up or executed in the Virgin Islands shall be stamped within thirty (30) days from the date of the document. History: Added Mar. 29, 1968, No. 2130, Sess. L. 1968, Pt. I, p. 384.

Documents executed or drawn up outside the Virgin Islands shall be stamped within thirty (30) days from the date of arrival within the Virgin Islands. Such arrival date shall be endorsed on the document by the deponent who shall verify the date by affidavit. History: Added Mar. 29, 1968, No. 2130, Sess. L. 1968, Pt. I, p. 384.

(a) The tax imposed by this chapter shall not apply to a transfer of title- (1) from or to the United States or the Virgin Islands of the United States, or any instrumentality thereof; (2) solely in order to provide or release security for a debt or obligation; (3) which confirms or corrects a deed previously recorded; (4) involving the sale of property for delinquent taxes; (5) involving partition of real property; (6) involving deeds given pursuant to mergers, dissolution or consolidations of corporations or transfers by or to subsidiary corporations and a parent corporation for no consideration other than cancellation, surrender or exchange of the parent's or the subsidiary's stocks. (7) to a nonprofit organization organized under title 13 Virgin Islands Code, chatitle 13 Virgin Islands Code, chapter 3e of good standing issued by the Lieutenant Governor. (8) With respect to all deeds between husband and wife, parents and children, step-parents and step- children, legal guardians and wards, brothers and sisters, grandparents and grandchildren, great grandparents and great grandchildren, uncles and nieces and nephews, aunts and nieces and nephews, and between cousins up to and including the second degree. (9) By deed of conveyance to the trustee or trustees of a trust; provided, however, that the beneficiaries of the trust are, with respect to the grantor or grantors, persons in a relationship described in subparagraph (8) of this subsection. (10) By deed of conveyance by a trustee or trustees of a trust; provided, however, that the grantee or grantees are, either the original grantor or grantors or, with respect to the original grantor or grantors of the property to the trust, persons in a relationship described in subparagraph (8) of this subsection. (b) All individuals, organizations or entities claiming an exemption from stamp taxes pursuant to subsection (a) of this section shall submit an affidavit setting forth with particularity the facts or legal basis in support thereof. History: Added Mar. 29, 1968, No. 2130, Sess. L. 1968, Pt. I, p. 384; amended Aug. 8, 1969, No. 2522, § 1, Sess. L. 1969, p. 234; Dec. 30, 1970, No. 2905, Sess. L. 1970, p. 390; Dec. 31, 1987, No. 5294, § 11, Sess. L. 1987, p. 163; Dec. 2, 1999, No. 6333, § 19 2., Sess. L. 1999, p. 197; amended Oct. 15, 2013, No. 7532, § 1 (1.), (2.), Sess. L. 2013, p. 140; amended Dec. 6, 2013, No. 7574, § 16, Sess. L. 2013, p. 285.

(a) Notwithstanding any other provision of law, any document not stamped within the proper time shall be subject to a penalty of double the stamp tax due; Provided, however, That the maximum penalty shall be the sum of one hundred dollars ($100.00) in addition to the imposition of the proper stamp tax. (b) The Commissioner of Finance may mitigate or entirely remit fines prescribed by this section - (1) when the infringement, on account of particular circumstances, is deemed to be excusable or cannot be imputed to the party concerned; (2) when the infringement is on account of poverty; and (3) when the document because of the insolvency of the debtor has become worthless. History: Added Mar. 9, 1968, No. 2130, Sess. L. 1968, Pt. I, p. 384; amended Apr. 15, 1971, No. 2985, § 2, Sess. L. 1971, p. 104; Aug. 22, 1980, No. 4473, § 3(a)(1), Sess. L. 1980, p. 147; Oct. 26, 1982, No. 4755, § 10(c)(1), Sess. L. 1982, p. 173.

Fifty percent (50%) of the proceeds of the stamp tax shall accrue to the General Fund of the Treasury of the Government of the Virgin Islands, fifty percent (50%) shall accrue to the account of the Virgin Islands Housing Finance Authority, under title 21 of this Code. History: Added Mar. 29, 1968, No. 2130, Sess. L. 1968, Pt. I, p. 384; amended May 29, 1991, No. 5717, Sess. L. 1991, p. 55; Oct. 13, 1994, No. 6031, § 4(a), Sess. L. 1994, p. 231; Aug. 17, 1999, No. 6287, § 22, Sess. L. 1999, p. 49; Sept. 29, 2004, No. 6684, § 2, Sess. L. 2004, p. 165; July 19, 2006, No. 6856, §§ 16(1)-(3), Sess. L. 2006, p. 144; Sept. 22, 2006, No. 6864, § 17, Sess. L. 2006, p. 219; Apr. 1, 2008, No. 6973, § 13, Sess. L. 2007, p. 188; amended Aug. 16, 2021, No. 8465, § 12, Sess. L. 2021, p. 57.

The Commissioner of Finance shall prescribe such rules and regulations, not inconsistent with law, as he deems necessary for the purpose of effectuating the provisions of this chapter. History: Added Mar. 29, 1968, No. 2130, Sess. L. 1968, Pt. I, p. 384; amended Aug. 22, 1980, No. 4473, § 3(a)(1), Sess. L. 1980, p. 147; Oct. 26, 1982, No. 4755, § 10(c)(1), Sess. L. 1982, p. 173.

There shall be levied production taxes, as hereinafter provided, which shall be paid by the manufacturer and shall accrue to the General Fund of the Treasury of the Government of the United States Virgin Islands. History: Added Mar. 25, 1963, No. 971, § 1, Sess. L. 1963, p. 185.

(a) There shall be imposed upon woolen yard goods manufactured or processed in the Virgin Islands, when sold, or removed for sale, consumption or use, a tax at the rate of 65 cents a yard except as provided in section 504 of this title. (b) The term "woolen yard goods" as used herein, shall be interpreted to mean goods of which the original material is partly or entirely wool and yards which are, in ordinary business practices, sold by the yard. History: Added Mar. 25, 1963, No. 971, § 1, Sess. L. 1963, p. 185; amended Jan. 27, 1967, No. 1836, § 1, Sess. L. 1967, p. 6.

No delay in the imposition of, and no exemption from, nor rebate of the payment of the tax imposed by this chapter shall be granted to any manufacturer except as provided in section 504 of this title. History: Added Mar. 25, 1963, No. 971, § 1, Sess. L. 1963, p. 185.

(a) The Governor shall determine, after due investigation, the maximum amount of woolen yard goods production in the Virgin Islands which is consistent with the protection of the economic stability and commercial relations of the Virgin Islands. Due notice shall be given and interested parties shall be afforded an opportunity to present comments and information at a public hearing. In making any determination or determinations under this section, the Governor shall take into account, among other relevant factors, the benefit or detriment resulting from the applicability of the provisions of section 301 of the Tariff Act of 1930, as amended, to Virgin Islands products, including problems of the type which led to expressions of concern on the floor of the 87th Congress over possible abuse and excessive use of said provisions. (b) Upon the proclamation by the Governor of any determination or determinations made pursuant to subsection (a) of this section, the rate of tax imposed by this chapter shall be one cent per yard upon the amount of woolen yard goods production set forth in such determination or determinations to be consistent with the economic stability and commercial relations of the Virgin Islands; and the rate of tax on the excess of such amount shall be 65 cents per yard. (c) Each person engaged or proposing to engage in the manufacture or processing of woolen yard goods in the Virgin Islands may apply for an apportionment of a part of the amount set forth in determinations by the Governor, as an allocation of the amount to be governed by the one cent per yard rate. Such application shall be considered by the Governor in accordance with the provisions of this chapter and regulations thereunder, and the manufacturer shall be liable for the tax imposed by this chapter at the rate of one cent a yard to the extent that such application is granted in whole or in part. (d) In carrying out the provisions of this chapter, the Governor has authority to make such classifications of woolen yard goods, including use and market classifications, as he may determine appropriate for purposes of this chapter, and may prescribe different maximum amounts for different classifications. (e) The Governor shall have authority to determine the periods to be covered in granting applications, and may determine that applications shall be granted in whole or in part for a calendar year or for a period smaller than a calendar year. He may prescribe for renewal of applications in whole or in part. (f) Said total maximum amount of one or more classifications of woolen yard goods shall be allocated for any period involved among applicants in accordance with the following criteria: (1) A percentage up to 10 percent of said amount may be reserved as a quantity to be granted in order to relieve against severe financial hardship, and to permit allocation to new manufacturers. (2) One-half of the remainder shall be apportioned among applicants in proportion to total capital investment by each manufacturer involved as of the time of the beginning of the period involved. Total capital investment shall be determined, for purposes of this subparagraph, by ascertaining the original investment in buildings and other fixed depreciable assets in the Virgin Islands. (3) One-half of the remainder shall be apportioned among manufacturers in the classification involved in accordance with total amount of payroll in the Virgin Islands subject to social security taxation for such six-month period nearest to the beginning of the period involved as the Governor may determine to be feasible. (4) Whenever the Governor shall determine, upon due notice and hearing, that all or part of a quota allocated to a manufacturer shall remain unused at the end of the quota period, he may cancel the allocation, in whole or in part, as the case may be, and reallocate the same or any part thereof to another manufacturer in the same classification. History: Added Mar. 25, 1963, No. 971, § 1, Sess. L. 1963, p. 185; Feb. 20, 1964, No. 1080, Sess. L. 1964, p. 23.

The Governor shall have the authority to grant an application on temporary basis during such period as may be necessary to conduct and make determinations in accordance with investigations pursuant to section 504 of this title, or to make final disposition of application. History: Added Mar. 25, 1963, No. 971, § 1, Sess. L. 1963, p. 185.

The Governor shall have authority to issue such rules and regulations and requirements, including specifically, but not exclusively, the prescribing of forms and requirements of reports, as he may deem necessary or appropriate to implement the purposes of this chapter. History: Added Mar. 25, 1963, No. 971, § 1, Sess. L. 1963, p. 185.

It shall be obligatory that the tax imposed by this chapter shall be paid before woolen yard goods are removed from the Virgin Islands, either by the manufacturer, an immediate or secondary purchaser from the manufacturer, or a contract or common carrier. The Governor may prescribe regulations, including the issuance of stamps or other evidence that the tax has been paid, for implementing this section. History: Added Mar. 25, 1963, No. 971, § 1, Sess. L. 1963, p. 185.

Any decision or determination made by the Governor under the provisions of this chapter as to questions of fact shall be deemed final in any proceedings in any court except upon a conclusive showing that such decision or determination was arbitrary or fraudulent. The commencement of any proceedings in any court shall not operate as a stay of the collection of any tax imposed by this chapter, or of compliance with any provisions of the same or any rules, regulations or orders issued thereunder. History: Added Mar. 25, 1963, No. 971, § 1, Sess. L. 1963, p. 185.

History: Repealed. Jan. 27, 1967, No. 1835, § 1, Sess. L. 1967, p. 5.

Zone The amount of customs duty to be paid on any article of foreign origin imported into the Virgin Islands which article has been shipped from within the United States Customs Zone shall be that amount which when added to the duty paid to the United States on said article equals six percent of the value of the article when imported into the Virgin Islands. For the purpose of the preceding sentence, the amount of the duty paid in the United States shall be construed to be the greater of the following: (1) The amount of duty actually paid on said articles to the United States as shown on a receipt from the U.S. Customs Service or by other documentation acceptable to the U.S. Customs Service officials in the Virgin Islands. (2) The amount of duty that would be payable on said article to the United States based on the rates of duty on such articles shown in the tariff schedules of the United States, as amended ( 12 U.S.C. § 1202), and the value of such article when imported into the United States. In the case of (2) above, documentation acceptable to the U.S. Customs Service officials in the Virgin Islands showing that the item has been shipped from within the United States Customs Zone shall be required of the importer. Should the amount of duty paid to the United States on an article as computed under (1) or (2) above be six percent or greater of the value of the article when imported into the Virgin Islands, then such article shall enter the Virgin Islands free of duty. For the purposes of this section, an article is not shipped from within the United States Customs Zone if it is shipped from a duty-free warehouse located in the United States, if it is transshipped through the United States without incurring a customs duty in the United States, or if it is shipped in any other manner which avoids the payment of a customs duty in the United States. History: Added Sept. 20, 1982, No. 4740, § 2, Sess. L. 1982, p. 136; amended Nov. 7, 1983, No. 4877, § 301, Sess. L. 1983, p. 225.

Items brought into the Virgin Islands by or for the use of the Government of the Virgin Islands shall be free of custom duties; Provided That items brought in by, or for sale to, a contractor with the Government, for use in a project to be constructed for and/or sold to the Government, shall not be free of duty or exempt from duty unless the contract between the Government and the contractor so provides and unless the said contract has been approved by the Governor and the Legislature. History: Added Dec. 29, 1983, No. 4887, § 9, Sess. L. 1983, p. 273.

Affordable Housing Providers of affordable housing pursuant to an approved Affordable Housing Development Agreement entered into with the Government of the United States Virgin Islands under the United States Virgin Islands Affordable Housing Program and vendors of construction supplies and material for use in affordable housing projects, and local suppliers of that portion of supplies and materials, provided exclusively to contractors and subcontractors to be used on affordable housing projects pursuant to the Virgin Islands Housing Program, shall be exempt from the payment of all customs duties in excess of a 1% handling charge on all materials, goods, equipment, articles, and commodities imported into the United States Virgin Islands to be used exclusively in the production of affordable housing as provided in Title 29, section 713e of this code. History: Added Mar. 19, 1990, No. 5523, § 17, Sess. L. 1990, p. 67; amended May 3, 1994, No. 5978, § 9, Sess. L. 1994, p. 69.

Forces Exchange Service Notwithstanding any other provisions of law to the contrary, no customs duty shall be collected on the goods, merchandise, and commodities imported by the Army and Air Force Exchange Service to be sold to authorized users of the post exchange. History: Added Sept. 11, 1992, No. 5807, § 2, Sess. L. 1992, p. 115.

History: Repealed. Dec. 19, 1984, No. 5030, § 1(d), Sess. L. 1984, p. 412.

(a) The following articles may be imported into the Virgin Islands for use and consumption in the Virgin islands free of the payment of customs duties: (1) computers and computerware including, hard drives, keyboards, control/adapter units and batteries, portable computer hard drives; (2) electronic tablet computers; (3) portable music players; (4) cell phones; (5) cell phone and tablet accessories; (6) headphones; (7) acoustical speakers; (8) cameras (including digital and photographic); and (9) removable memory cards, electronic flash memory data storage devices and/or universal serial bus (USB) flash memory drives, used for storing digital information in devices which include, but are not limited to, digital cameras, mobile phones, laptop computers, mp3 players and video game consoles. (b) Whenever permitted by federal law, gasoline, diesel and fossil fuel are permitted to be imported into the Virgin Islands free of custom duties provided they are used or consumed in the Virgin Islands. History: Added Dec. 15, 1981, No. 4658, § 1, Sess. L. 1981, p. 279; amended May 14, 2012, No. 7360, § 4, Sess. L. 2012, p. 4; amended Oct. 13, 2014, No. 7696, § 1, Sess. L. 2014, p. 334, 335.

The six-month period provided in section 530 may be extended, upon application, for no more than one additional period of six months. History: Added Dec. 15, 1981, No. 4658, § 1, Sess. L. 1981, p. 279.

Upon the sale or transfer of any article described in section 530 or upon the first use of such article for a purpose other than that described in section 530 or upon the expiration of the six-month period described in section 530 or the extension thereof, customs duties at the lawful rate at the time of importation shall immediately become due and payable. History: Added Dec. 15, 1981, No. 4658, § 1, Sess. L. 1981, p. 279.

Notwithstanding any other provision of law to the contrary and pursuant to the authority granted by Public Law 95-134, no customs duty shall be collected on the following goods, merchandise or commodities: (a) Spirits. Spirits includes: Cruzan Rum and Tafia, Irish and Scotch whiskies, Whiskies other than Irish and Scotch Whiskies including Bourbon and Rye, Liqueurs and Cordials, Vodka, Tequila, Vermouth and other wine fresh grape flavored with plants or aromatic substances, Acquavit, Bitters, Brandy and Cognac, Gin and Geneve, Krischwasser and Ratafia, and similar items. (b) Perfumes & Toilet Waters & Bath Salts. Perfumes & toilet waters & bath salts includes: essential oils; mixtures of odiferous substances; perfumes and toilet waters; beauty or make-up preparations and preparations for the care of the skin (other than medicaments) including, for example, sunscreen or sun tan preparations and powders rouge, perfumed bath salts and other bath preparations; aftershave preparations. (c) Sweaters, shawls, scarves & ties (d) Hand-woven tapestries, hand-woven fabrics and handmade carpets. History: Added Feb. 1, 2001, No. 6391, § 3(c)(G), Sess. L. 2000, p. 494; amended Sept. 28, 2001, No. 6463, § 38, Sess. L. 2001, p. 279.

Except where exempted or reduced, the rate of tax imposed pursuant to sections 871(a)(1), 881 and 884 of the federal Internal Revenue Code, as amended (as it applies in the Virgin Islands), upon non-resident alien individuals and foreign corporations is ten percent (10%). History: Added May 18, 1983, No. 4802, § 2, Sess. L. 1983, p. 40; amended Dec. 8, 1986, No. 5224, § 7, Sess. L. 1986, p. 363.

Except where exempted or reduced, the rate of withholding of tax imposed by sections 1441 and 1442 of the federal Internal Revenue Code, as amended (as it applies in the Virgin Islands) is ten percent (10%). History: Added May 18, 1983, No. 4802, § 2, Sess. L. 1983, p. 40; amended Dec. 8, 1986, No. 5224, § 7, Sess. L. 1986, p. 363.

Interest payments received from sources within the Virgin Islands for loans secured by a mortgage of real estate located in the Virgin Islands shall be exempt from the tax described in section 541 and the withholding described in section 542 of this chapter. History: Added Dec. 8, 1986, No. 5224, § 7, Sess. L. 1986, p. 363.

(a) There is hereby imposed on all corporations that have a liability to pay Virgin Islands income tax a surcharge of ten percent (10%) of each such corporation's total income tax liability, defined as "Total Tax Liability." As necessary, the Director shall issue press releases or other notices indicating which line or lines of Forms 1120, 1120F and 1120-A, and such other forms as may be prescribed by the Internal Revenue for paying corporate income tax liability, should be used to determine total tax liability. This provision shall be effective for taxable years beginning after December 31, 1986. (b) If any corporation is a beneficiary of any income tax reduction benefit under the laws of the Virgin Islands, the corporation's surcharge shall be reduced in proportion to the amount of tax benefits granted the corporation for its taxable year. All civil and criminal penalties that apply to the failure to pay other corporation income taxes shall apply to a corporation that fails to pay the surcharge required by this section. (c) This section shall apply to taxable years beginning after December 31, 1985. History: Added June 18, 1986, No. 5172, § 2, Sess. L. 1986, p. 96; amended Dec. 8, 1986, No. 5224, § 13, Sess. L. 1986, p. 366; June 6, 1988, No. 5341, § 8, Sess. L. 1988, p. 164.

(a) There is hereby created the Virgin Islands Bureau of Internal Revenue (hereinafter referred to as the Bureau) as a separate independent agency of the Government of the United States Virgin Islands, which, for budgetary purposes only, shall be included under the Office of the Governor. (b) The Bureau shall be administered pursuant to the provisions of this chapter, under the supervision and direction of a Director of Internal Revenue, who shall be appointed by the Governor with the advice and consent of the Legislature. The Director shall serve a term coincident with the term of his appointer, and may be reappointed. The Director may be removed from office by the Governor for cause. The Director shall be qualified by education, training, character, superior ability and demonstrated successful administrative and professional experience. The Director shall be bonded in an amount determined by the Governor. (c) There shall be in the Bureau two Deputy Directors either one of whom shall, in addition to such duties as may be assigned by the Director, serve as acting Director in the event of absence or disability of the Director, or when the office of Director is vacant. The Deputy Directors shall be appointed by the Governor. The Deputy Directors may be removed from office by the Governor for cause upon the recommendation of the Director. The Deputy Directors shall be qualified in the same manner as the Director. The Deputy Directors shall be bonded in the amount determined by the Governor. (d) The salary of the Director and Deputy Directors and the annual operating budget of the Bureau shall be provided in appropriation acts. The salary of a Director or Deputy Director may not be reduced during his tenure in office. History: Added Aug. 22, 1980, No. 4473, § 2, Sess. L. 1980, p. 146; amended Sept. 26, 1980, No. 4479, § 2(a)-(e), Sess. L. 1980, p. 153.

The Bureau shall have the power and it shall be its duty to: (a) administer and enforce the laws imposing corporate and individual income taxes, gross receipts, trade and excise taxes, production taxes, gift taxes, highway users' taxes, hotel occupancy taxes, inheritance taxes, fuel taxes, miscellaneous excise taxes, and all laws relating thereto; (b) take such steps as may be necessary and lawful to fully enforce and collect the tax revenues owed the Government of the United States Virgin Islands; (c) employ personnel, on contract or subject to laws applicable to the Virgin Islands Personnel Merit System, to assist in carrying out its powers and duties; (d) provide for the collection of a surety bond from each employee of the Bureau who is required to certify, disburse, or handle public monies; (e) promulgate, pursuant to Virgin Islands law, such rules and regulations as may be necessary to carry out the provisions of this chapter; (f) report from time to time, but not less than once annually, to the Governor and the Legislature on the operations of the Bureau, and recommend changes in existing law that would assist the Bureau in efficient tax collection; (g) by the fifteenth calendar day after the last day of each month, report to the Governor, the Legislature, the Commissioner of Finance and the Director of the Office of Management and Budget the total revenues collected for such month and the tax categories under which the revenues were collected; (h) perform such other duties as may be assigned by law; (i) create and make available all forms for the collection of taxes and return of taxes, including form 720-B which must have a section to show the proceeds derived from cash, check, credit cards and online payment applications; (j) restructure and create, in accordance with existing law, such divisions and units within the Bureau as the Director deems necessary for the proper administration of the Bureau; and (k) report to the Commissioner of Licensing and Consumer Affairs Administration any instance in which a person, corporation, or association licensed to do business in the Virgin Islands has willfully claimed an exemption from any excise tax, gross receipts tax, or customs duty, knowing such claim to be false. History: Added Aug. 22, 1980, No. 4473, § 2, Sess. L. 1980, p. 146; amended Sept. 26, 1980, No. 4479, § 2(f), (g), Sess. L. 1980, p. 154; Sept. 20, 1982, No. 4740, § 9(b), Sess. L. 1982, p. 142; Oct. 26, 1982, No. 4755, § 10(d), Sess. L. 1982, p. 173; amended May 19, 2020, No. 8302, § 1, Sess. L. 2020, p. 44.

All tax revenues collected by the Bureau shall be deposited in the Treasury of the Virgin Islands unless Virgin Islands law specifically provides otherwise. The Director shall cooperate with the Commissioner of Finance to provide the Commissioner a detailed account of the revenues collected and deposited. History: Added Aug. 22, 1981, No. 4473, § 2, Sess. L. 1980, p. 147.

(a) The Bureau shall- (1) regulate the practice of representatives of persons before the Bureau, and (2) before admitting a representative to practice, require that the representative demonstrate (A) good character and reputation; (B) necessary qualifications to enable the representative to provide to persons valuable service; and (C) competency to advise and assist persons in presenting their cases. (b) After notice and opportunity for a proceeding, the Director may suspend or disbar from practice before the Bureau a representative who- (1) is incompetent; (2) is disreputable; (3) violates regulations prescribed under this section; (4) no longer possesses qualifications which formed the basis for admission to practice; or (5) with intent to defraud, willfully and knowingly misleads or threatens the person being represented or a prospective person to be represented. (c) The Director of the Bureau of Internal Revenue shall issue rules and regulations for the implementation of subsection (a) of this section pursuant to Title 3, chapter 35, Virgin Islands Code. History: Added Oct. 19, 1984, No. 5014, § 209(a), Sess. L. 1984, p. 362.

Returns Every person liable for any tax imposed by the internal revenue laws of the Virgin Islands, or for the collection thereof, shall keep such records, render such statements, make such returns, and comply with such rules and regulations as the Director may from time to time prescribe. Whenever in the judgment of the Director it is necessary, he may require any person, by notice served upon such person or by regulations, to make such returns, render such statements, or keep such records, as the Director deems sufficient to show whether or not such person is liable for tax under the internal revenue laws of the Virgin Islands. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2) Sess. l. 1980, p. 147.

When required by the Director any person liable for any internal revenue tax of the Virgin Islands, or for the collection thereof, shall make a return or statement according to the forms and regulations prescribed by the Director. Every person required to make a return or statement shall include therein the information required by such forms or regulations. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

General rule (a) Returns with respect to income taxes under the Virgin Islands income tax law shall be made by the following- (1) every individual having for the taxable year a gross income of $600 or more (except that any individual who has attained the age of 65 before the close of his taxable year shall be required to make a return only if he has for the taxable year a gross income of $1,200 or more); (2) every corporation subject to taxation under such laws; (3) every estate the gross income of which for the taxable year is $600 or more; (4) every trust having for the taxable year any taxable income, or having gross income of $600 or over, regardless of the amount of taxable income; and (5) every estate or trust of which any beneficiary is a nonresident alien- except that subject to such conditions, limitations, and exceptions and under such regulations as may be prescribed by the Director, nonresident alien individuals subject to the tax imposed by section 871 of the Virgin Islands income tax law and foreign corporations subject to the tax imposed by section 881 of the Virgin Islands income tax law may be exempted from the requirement of making returns under this section. Returns made by fiduciaries and receivers (b) (1) Returns of decedents. If an individual is deceased, the return of such individual required under subsection (a) of this section shall be made by his executor, administrator, or other person charged with the property of such decedent. (2) Persons under a disability. If an individual is unable to make a return required under subsection (a) of this section, the return of such individual shall be made by a duly authorized agent, his committee, guardian, fiduciary or other person charged with the care of the person or property of such individual. The preceding sentence shall not apply in the case of a receiver appointed by authority of law in possession of only a part of the property of an individual. (3) Receivers, trustees and assignees for corporations. In a case where a receiver, trustee in bankruptcy, or assignee, by order of a court of competent jurisdiction, by operation of law or otherwise, has possession of or holds title to all or substantially all the property or business of a corporation, whether or not such property or business is being operated, such receiver, trustee, or assignee shall make the return of income for such corporation in the same manner and form as corporations are required to make such returns. (4) Returns of estates and trusts. Returns of an estate or a trust shall be made by the fiduciary thereof. (5) Joint fiduciaries. Under such regulations as the Director may prescribe, a return made by one of two or more joint fiduciaries shall be sufficient compliance with the requirements of this section. A return made pursuant to this paragraph shall contain a statement that the fiduciary has sufficient knowledge of the affairs of the person for whom the return is made to enable him to make the return, and that the return is, to the best of his knowledge and belief, true and correct. (6) Liability of fiduciaries. Every executor, administrator, attorney in fact or assignee or other person, who knowingly pays any debt due by the person or estate for whom or for which he acts before he satisfies and pays the government of the Virgin Islands the tax imposed by the internal revenue laws of the Virgin Islands, due by such person or estate, shall become answerable personally and with his estate for such due taxes, or for so much thereof as may remain due and unpaid. History: Amended Aug. 22, 1980, No. 9473, § 3(a)(2), Sess. L. 1980, p. 147.

Joint returns (a) A husband and wife may make a single return jointly of income taxes under the Virgin Islands income tax law, even though one of the spouses has neither gross income nor deductions, except as provided below- (1) no joint return shall be made if either the husband or wife at any time during the taxable year is a nonresident alien; (2) no joint return shall be made if the husband and wife have different taxable years; except that if such taxable years begin on the same day and end on different days because of the death of either or both, then the joint return may be made with respect to the taxable year of each. The above exception shall not apply if the surviving spouse remarries before the close of his taxable year, nor if the taxable year of either spouse is a fractional part of a year under section 443(a)(1) of the Virgin Islands income tax law; (3) in the case of death of one spouse or both spouses the joint return with respect to the decedent may be made only by his executor or administrator; except that in the case of the death of one spouse the joint return may be made by the surviving spouse with respect to both himself and the decedent if no return for the taxable year has been made by the decedent, no executor or administrator has been appointed, and no executor or administrator is appointed before the last day prescribed by law for filing the return of the surviving spouse. If an executor or administrator of the decedent is appointed after the making of the joint return by the surviving spouse, the executor or administrator may disaffirm such joint return by making, within 1 year after the last day prescribed by law for filing the return of the surviving spouse, a separate return for the taxable year of the decedent with respect to which the joint return was made, in which case the return made by the survivor shall constitute his separate return. Joint return after filing separate return (b) (1) In general. Except as provided in paragraph (2) of this subsection, if an individual hparagraph (2)d a separate return for a taxable year for which a joint return could have been made by him and his spouse under subsection (a) of this section and the time prescribed by law for filing the return for such taxable year has expired, such individual and his spouse may nevertheless make a joint return for such taxable year. A joint return filed by the husband and wife under this subsection shall constitute the return of the husband and wife for such taxable year, and all payments, credits, refunds, or other repayments made or allowed with respect to the separate return of either spouse for such taxable year shall be taken into account in determining the extent to which the tax based upon the joint return has been paid. If a joint return is made under this subsection, any election (other than the election to file a separate return) made by either spouse in his separate return for such taxable year with respect to the treatment of any income, deduction, or credit of such spouse shall not be changed in the making of the joint return where such election would have been irrevocable if the joint return had not been made. If a joint return is made under this subsection after the death of either spouse, such return with respect to the decedent can be made only by his executor or administrator. (2) Limitations for making of election. The election provided for in paragraph (1) of this subsection may noparagraph (1) (A) unless there is paid in full at or before the time of the filing of the joint return the amount shown as tax upon such joint return; or (B) after the expiration of 3 years from the last date prescribed by law for filing the return for such taxable year (determined without regard to any extension of time granted to either spouse); or (C) after there has been mailed to either spouse, with respect to such taxable year, a notice of deficiency under section 942 of this title, if the spouse, as to such notice, files a petition with the district court within the time prescribed in such section; or (D) after either spouse has commenced a suit in any court for the recovery of any part of the tax for such taxable year; or (E) after either spouse has entered into a closing agreement under section 1491 of this title with respect to such taxable year, or after any civil or criminal case arising against either spouse with respect to such taxable year has been compromised under section 1492 of this title. (3) When return deemed filed. (A) Assessment and collection. For purposes of section 1161 of this title (relating to periods of limitations on assessment and collection), and for purposes of section 1281 of this title (relating to delinquent returns), a joint return made under this subsection shall be deemed to have been filed- (i) Where both spouses filed separate returns prior to making the joint return-on the date the last separate return was filed (but not earlier than the last date prescribed by law for filing the return of either spouse); (ii) Where only one spouse filed a separate return prior to the making of the joint return, and the other spouse had less than $600 of gross income ($1,200 in case such spouse was 65 or over) for such taxable year-on the date of the filing of such separate return (but not earlier than the last date prescribed by law for the filing of such separate return); or (iii) Where only one spouse filed a separate return prior to the making of the joint return, and the other spouse had gross income of $600 or more ($1,200 in case such spouse was 65 or over) for such taxable year-on the date of the filing of such joint return. (B) Credit or refund. For purposes of section 1181 of this title, a joint return made under this subsection shall be deemed to have been filed on the last date prescribed by law for filing the return for such taxable year (determined without regard to any extension of time granted to either spouse). (4) Additional time for assessment. If a joint return is made under this subsection, the periods of limitations provided in sections 1161 and 1162 of this title on the making of assessments and the beginning of levy or a proceeding in court for collection shall with respect to such return include one year immediately after the date of the filing of such joint return (computed without regard to the provisions of paragraph (3)paragraph (3) subsection). (5) Additions to the tax and penalties. (A) Additions to the tax. Where the amount shown as the tax by the husband and wife on a joint return made under this subsection exceeds the aggregate of the amounts shown as the tax upon the separate return of each spouse- (i) Negligence. If any part of such excess is attributable to negligence or intentional disregard of rules and regulations (but without intent to defraud) at the time of the making of such separate return, then 5 percent of the total amount of such excess shall be added to the tax; (ii) Fraud. If any part of such excess is attributable to fraud with intent to evade tax at the time of the making of such separate return, then 50 percent of the total amount of such excess shall be added to the tax. (B) Criminal penalty. For purposes of section 1525(1) of this title and section 1526 of this title (relating to criminal penalties in the case of fraudulent returns) the term "return" includes a separate return filed by a spouse with respect to a taxable year for which a joint return is made under this subsection after the filing of such separate return. Treatment of joint returns after death of either spouse (c) For purposes of sections 21 and 443 of the Virgin Islands income tax law, where the husband and wife have different taxable years because of the death of either spouse, the joint return shall be treated as if the taxable years of both spouses ended on the date of the closing of the surviving spouse's taxable year. Definitions (d) For purposes of this section- (1) the status of husband and wife of two individuals having taxable years beginning on the same day shall be determined- (A) if both have the same taxable year-as of the close of such year; and (B) if one dies before the close of the taxable year of the other-as of the time of such death; and (2) an individual who is legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married; and (3) if a joint return is made, the tax shall be computed on the aggregate income and the liability with respect to the tax shall be joint and several.

Election by taxpayer (a) An individual entitled to elect to pay the tax imposed by section 3 of the Virgin Islands income tax law whose gross income is less than $5,000 and includes no income other than remuneration for services performed by him as an employee, dividends or interest, and whose gross income other than wages, does not exceed $100, shall at his election not be required to show on the return the tax imposed by section 1 of the Virgin Islands income tax law. Such election shall be made by using the form prescribed for purposes of this section and shall constitute an election to pay the tax imposed by section 3 of the Virgin Islands income tax law. In such case the tax shall be computed by the Director who shall mail to the taxpayer a notice stating the amount determined as payable. In determining the amount payable, the credit against such tax provided for by section 34 or 37 of the Virgin Islands income tax law shall not be allowed. In the case of a head of household (as defined in section 1(b) of the Virgin Islands income tax law) or a surviving spouse (as defined in section 2(b) of the Virgin Islands income tax law) electing the benefits of this subsection, the tax shall be computed by the Director without regard to the taxpayer's status as a head of household or as a surviving spouse. Regulations (b) The Director shall prescribe regulations for carrying out this section, and such regulations may provide for the application of the rules of this section to cases where the gross income includes items other than those enumerated by subsection (a) of this section, to cases where the gross income from sources other than wages on which the tax has been withheld at the source is more than $100 but not more than $200, and to cases where the gross income is $5,000 or more but not more than $5,200. Such regulations shall provide for the application of this section in the case of husband and wife, including provisions determining when a joint return under this section may be permitted or required, whether the liability shall be joint and several, and whether one spouse may make return under this section and the other without regard to this section. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Preparation of return by Director (a) If any person shall fail to make a return required by any internal revenue law of the Virgin Islands or by regulations prescribed thereunder, but shall consent to disclose all information necessary for the preparation thereof, then, and in that case, the Director may prepare such return, which, being signed by such person, may be received by the Director as the return of such person. Execution of return by Director (b) Authority of director to execute return. (1) If any person fails to make any return required by any internal revenue law of the Virgin Islands or regulation made thereunder at the time prescribed therefor, or makes, willfully or otherwise, a false or fraudulent return, the Director shall make such return from his own knowledge and from such information as he can obtain through testimony or otherwise. (2) Status of returns. Any return so made and subscribed by the Director shall be prima facie good and sufficient for all legal purposes. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Whenever there are in this territory any articles subject to tax, which are not owned or possessed by or under the care or control of any person within this territory, and of which no list has been transmitted to the Director, as required by law or by regulations prescribed pursuant to law, the Director shall enter the premises where such articles are situated, shall make such inspection of the articles as may be necessary and make lists of the same, according to the forms prescribed. Such lists, being subscribed by the Director, shall be sufficient lists of such articles for all purposes. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

History: Repealed. June 11, 1959, No. 473, § 3, Sess. L. 1959, p. 83, eff. July 1, 1959. Cite as: 33 V.I.C. § 723, 724

History: Repealed. July 28, 1969, No. 2505, § 2, Sess. L. 1969, p. 218.

Every partnership (as defined in section 761(a) of the Virgin Islands income tax law) shall make a return for each taxable year, stating specifically the items of its gross income and the deductions allowable by the Virgin Islands income tax law, and such other information for the purpose of carrying out the provisions of the Virgin Islands income tax law as the Director may by forms and regulations prescribe, and shall include in the return the names and addresses of the individuals who would be entitled to share in the taxable income if distributed and the amount of the distributive share of each individual. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Every bank (as defined in section 581 of the Virgin Islands income tax law) maintaining a common trust fund shall make a return for each taxable year, stating specifically, with respect to such fund, the items of gross income and the deductions allowed by the Virgin Islands income tax law, and shall include in the return the names and addresses of the participants who would be entitled to share in the taxable income if distributed and the amount of the proportionate share of each participant. The return shall be executed in the same manner as a return made by a corporation pursuant to the requirements of sections 716 and 762 of this title.

General (a) Every organization, except as hereinafter provided, exempt from taxation under section 501(a) of the Virgin Islands income tax law shall file an annual return, stating specifically the items of gross income, receipts, and disbursements, and such other information for the purpose of carrying out the provisions of the income tax law as the Director may by forms or regulations prescribe, and shall keep such records, render under oath such statements, make such other returns, and comply with such rules and regulations, as the Director may from time to time prescribe, except that, in the discretion of the Director, an organization described in section 401(a) of the Virgin Islands income tax law may be relieved from stating in its return any information which is reported in returns filed by the employer which established such organization. No such annual return need be filed under this subsection by any organization exempt from taxation under the provisions of section 501(a) of the Virgin Islands income tax law- (1) which is a religious organization described in section 501(c)(3) of that law; or (2) which is an educational organization described in section 501(c)(3) of that law, if such organization normally maintains a regular faculty and curriculum and normally has a regularly organized body of pupils or students in attendance at the place where its educational activities are regularly carried on; or (3) which is a charitable organization, or an organization for the prevention of cruelty to children or animals, described in section 501(c)(3) of that law, if such organization is supported, in whole or in part, by funds contributed by the United States, the Virgin Islands or any political subdivision thereof, or is primarily supported by contributions of the general public; or (4) which is an organization described in section 501(c)(3) of that law, if such organization is operated, supervised, or controlled by or in connection with a religious organization described in paragraph (1); or (5) which is an organization described in section 501(c)(8) of that law; or (6) which is an organization described in section 501(c)(1) of that law, if such organization is a corporation wholly owned by the United States or the government of the United States Virgin Islands or and agency or instrumentality thereof, or a wholly owned subsidiary of such a corporation. Certain organizations described in section 501(c)(3) of the Virgin Islands income tax law (b) Every organization described in section 501(c)(3) of the Virgin Islands income tax law which is subject to the requirements of subsection (a) of this section shall furnish annually information, at such time and in such manner as the Director may by forms or regulations prescribe, setting forth- (1) its gross income for the year; (2) its expenses attributable to such income and incurred within the year; (3) its disbursements out of income within the year for the purposes for which it is exempt; (4) its accumulation of income within the year; (5) its aggregate accumulations of income at the beginning of the year; (6) its disbursements out of principal in the current and prior years for the purposes for which it is exempt; and (7) a balance sheet showing its assets, liabilities, and net worth as of the beginning of such year. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

642(c) of the Virgin Islands Income Tax Law General rule (a) Every trust claiming a charitable, etc., deduction under section 642(c) of the Virgin Islands income tax law for the taxable year shall furnish such information with respect to such taxable year as the Director may by forms or regulations prescribe, setting forth- (1) the amount of the charitable, etc., deduction taken under section 642(c) of that law within such year (showing separately the amount of such deduction which was paid out and the amount which was permanently set aside for charitable, etc., purposes during such year); (2) the amount paid out within such year which represents amounts for which charitable, etc., deductions under section 642(c) of that law have been taken in prior years; (3) the amount for which charitable, etc., deductions have been taken in prior years but which has not been paid out at the beginning of such year; (4) the amount paid out of principal in the current and prior years for charitable, etc., purposes; (5) the total income of the trust within such year and the expenses attributable thereto; and (6) a balance sheet showing the assets, liabilities, and net worth of the trust as of the beginning of such year. Exception (b) This section shall not apply in the case of a taxable year if all the net income for such year, determined under the applicable principles of the law of trusts, is required to be distributed currently to the beneficiaries. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Personal Holding Companies Officers and directors (a) Monthly returns. (1) On the 15th day of each month each individual who on such day is an officer or a director of a foreign corporation which, with respect to its taxable year preceding the taxable year in which such month occurs, was a foreign personal holding company (as defined in section 552 of the Virgin Islands income tax law), shall make a return setting forth with respect to the preceding calendar month the name and address of each shareholder, the class and number of shares held by each, together with any changes in stockholdings during such period, the name and address of any holder of securities convertible into stock of such corporation, and such other information with respect to the stock and securities of the corporation as the Director shall by forms or regulations prescribe as necessary for carrying out the provisions of this Part or the Virgin Islands income tax law. The Director may by regulations prescribe, as the period with respect to which returns shall be made, a longer period than a month. In such case the return shall be due on the 15th day of the succeeding period, and shall be made by the individuals who on such day are officers or directors of the corporation. (2) Annual returns. On the 60th day after the close of the taxable year of a foreign personal holding company (as defined in section 552 of the Virgin Islands income tax law), each individual who on such 60th day is an officer or director of the corporation shall make a return setting forth- (A) in complete detail the gross income, deductions and credits, taxable income, and undistributed foreign personal holding company income of such foreign personal holding company for such taxable year; and (B) the same information with respect to such taxable year as is required in paragraph (1), except that if all the required returns with respect to such year have been filed under paragraph (1), no information under this subparagraph need be set forth in the return filed under this paragraph. Shareholders (b) Monthly returns. (1) On the 15th day of each month each Virgin Islands shareholder, by or for whom 50 percent or more in value of the outstanding stock of a foreign corporation is owned directly or indirectly (including, in the case of an individual, stock owned by the members of his family as defined in section 544(a)(2) of the Virgin Islands income tax law), if such foreign corporation with respect to its taxable year preceding the taxable year in which such month occurs was a foreign personal holding company (as defined in section 552 of the Virgin Islands income tax law), shall make a return setting forth with respect to the preceding calendar month the name and address of each shareholder, the class and number of shares held by each, together with any changes in stockholdings during such period, the name and address of any holder of securities convertible into stock of such corporation, and such other information with respect to the stock and securities of the corporation as the Director shall by forms or regulations prescribe as necessary for carrying out the provisions of this Part or the Virgin Islands income tax law. The Director may by regulations prescribe, as the period with respect to which returns shall be made, a longer period than a month. In such case the return shall be due on the 15th day of the succeeding period, and shall be made by the persons who on such day are Virgin Islands shareholders. (2) Annual returns. On the 60th day after the close of the taxable year of a foreign personal holding company (as defined in section 552 of the Virgin Islands income tax law) each Virgin Islands shareholder by or for whom on such 60th day 50 percent or more in value of the outstanding stock of such company is owned directly or indirectly (including, in the case of an individual, stock owned by members of his family as defined in section 544(a)(2) of the Virgin Islands income tax law) shall make a return setting forth the same information with respect to such taxable year as is required in paragraph (1) of this subsection, except that, if all the required returns with respect to such year have been made under paragraph (1) of this subsection, no return shall be required under this paragraph. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

General rule (a) Every receiver, trustee in bankruptcy, assignee for benefit of creditors, or other like fiduciary, and every executor (as defined in subsection (b) of this section), shall give notice of his qualification as such to the Director is such manner and at such time as may be required by regulations of the Director. The Director may by regulation provide such exemptions from the requirements of this section as the Director deems proper. Definition of executor (b) The term "executor" means the executor or administrator of the decedent, or, if there is no executor or administrator appointed, qualified, and acting within the Virgin Islands, then any person in actual or constructive possession of any property of the decedent. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Payments of $600 or more (a) All persons engaged in a trade or business and making payment in the course of such trade or business to another person, of rent, salaries, wages, premiums, annuities, compensations, remunerations, emoluments, or other fixed or determinable gains, profits, and income (other than payments described in section 742(1) or section 745 of this title), of $600 or more in any taxable year, or, in the case of such payments made by the government of the United States Virgin Islands, the officers or employees of the Virgin Islands having information as to such payments and required, to make returns in regard thereto by the regulations hereinafter provided for, shall render a true and accurate return to the Director, under such regulations and in such form and manner and to such extent as may be prescribed by the Director, setting forth the amount of such gains, profits, and income, and the name and address of the recipient of such payment. Collection of foreign items (b) In the case of collection of items (not payable in the Virgin Islands) of interest upon the bonds of foreign countries and interest upon the bonds of and dividends from foreign corporations by any person undertaking as a matter of business or for profit the collection of foreign payments of such interest or dividends by means of coupons, checks, or bills of exchange, such person shall make a return according to the forms or regulations prescribed by the Director, setting forth the amount paid and the name and address of the recipient of each such payment. Payments of interest by corporations (c) Every corporation making payments of interest, regardless of amounts, shall, when required by regulations of the Director, make a return according to the forms or regulations prescribed by the Director, setting forth the amount paid and the name and address of the recipient of each such payment. Recipient to furnish name and address (d) When necessary to make effective the provisions of this section, the name and address of the recipient of income shall be furnished upon demand of the person paying the income. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Every corporation shall, when required by the Director- (1) make a return of its payments of dividends, stating the name and address of, the number of shares owned by, and the amount of dividends paid to, each shareholder; (2) furnish to the Director a statement of such facts as will enable him to determine the portion of the earnings or profits of the corporation (including gains, profits, and income not taxed) accumulated during such periods as the Director may specify, which have been distributed or ordered to be distributed, respectively, to its shareholders during such taxable years as the Director may specify; and (3) furnish to the Director a statement of its accumulated earnings and profits and the names and addresses of the individuals or shareholders who would be entitled to such accumulated earnings and profits if divided or distributed, and of the amounts that would be payable to each. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Every corporation shall- (1) within 30 days after the adoption by the corporation of a resolution or plan for the dissolution of the corporation or for the liquidation of the whole or any part of its capital stock, make a return setting forth the terms of such resolution or plan and such other information as the Director shall by forms or regulations prescribe; and (2) when required by the Director, make a return regarding its distributions in liquidation, stating the name and address of, the number and class of shares owned by, and the amount paid to, each shareholder, or, if the distribution is in property other than money, the fair market value (as of the date the distribution is made) of the property distributed to each shareholder. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Payments of $100 or more (a) Any corporation allocating amounts as patronage dividends, rebates, or refunds (whether in cash, merchandise, capital stock, revolving fund certificates, retain certificates, certificates of indebtedness, letters of advice, or in some other manner that discloses to each patron the amount of such dividend, refund, or rebate) shall make a return showing- (1) the name and address of each patron to whom it has made such allocations amounting to $100 or more during the calendar year; and (2) the amount of such allocations to each patron. Payments regardless of amount (b) If required by the Director, any such corporation shall make a return of all patronage dividends, rebates or refunds made during the calendar year to its patrons. Exceptions (c) This section shall not apply in the case of any corporation (including any cooperative or nonprofit corporation engaged in rural electrification) described in section 501(c)(12) or (15) of the Virgin Islands income tax law which is exempt from tax under section 501(a) of the Virgin Islands income tax law, or in the case of any corporation subject to a tax imposed by subchapter L of chapter 1 of the Virgin Islands income tax law. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Every person doing business as a broker shall, when required by the Director, make a return, in accordance with such regulations as the Director may prescribe, showing the names of customers for whom such person has transacted any business, with such details regarding the profits and losses and such other information as the Director may by forms or regulations require with respect to each customer as will enable the Director to determine the amount of such profits or losses. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Corporations Requirement (a) Every attorney, accountant, fiduciary, bank, trust company, financial institution, or other person, who aids, assists, counsels, or advises in, or with respect to, the formation, organization, or reorganization of any foreign corporation, shall, within 30 days thereafter, make a return in accordance with regulations prescribed by the Director. Form and contents of return (b) Such return shall be in such form, and shall set forth, in respect of each such corporation, to the full extent of the information within the possession or knowledge or under the control of the person required to make the return, such information as the Director prescribes by forms or regulations as necessary for carrying out the provisions of the income tax laws of the Virgin Islands. Privileged communications (c) Nothing in this section shall be construed to require the making of a return by an attorney at law with respect to any advice given or information obtained through the relationship of attorney and client. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Except as otherwise provided by sections 762 and 763 of this title, any return, statement, or other document required to be made under any provision of the internal revenue laws of the Virgin Islands or the regulations issued thereunder shall be signed in accordance with forms or regulations prescribed by the Director. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

The return of a corporation with respect to income shall be signed by the president, vice-president, treasurer, assistant treasurer, chief accounting officer or any other officer duly authorized so to act. In the case of a return made for a corporation by a fiduciary pursuant to the provisions of section 716(b)(3) of this title, such fiduciary shall sign the return. The fact that an individual's name is signed on the return shall be prima facie evidence that such individual is authorized to sign the return on behalf of the corporation.

The return of a partnership made under section 731 of this title shall be signed by any one of the partners. The fact that a partner's name is signed on the return shall be prima facie evidence that such partner is authorized to sign the return on behalf of the partnership.

The fact that an individual's name is signed to a return, statement, or other document shall be prima facie evidence for all purposes that the return, statement, or other document was actually signed by him.

Penalties of perjury (a) Except as otherwise provided by the Director, any return, declaration, statement or other document required to be made under any provision of the internal revenue laws of the Virgin Islands or the regulations issued thereunder shall contain or be verified by a written declaration that it is made under the penalties of perjury. Oath (b) The Director may by regulations require that any return, statement, or other document required to be made under any provision of the internal revenue laws of the Virgin Islands or the regulations issued thereunder shall be verified by an oath. This subsection shall not apply to returns with respect to income taxes made by individuals. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

When not otherwise provided for in the internal revenue laws, the Director shall by regulations prescribe the time for filing any return, statement or other document required by the internal revenue laws of the Virgin Islands or by the regulations issued thereunder. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

General rule (a) In the case of returns under sections 716, 717 or 731 of this title (relating to the Virgin Islands Income Tax), returns made on the basis of the calendar year shall be filed on or before the 15th day of April following the close of the calendar year and returns made on the basis of a fiscal year shall be filed on or before the 15th day of the fourth month following the close of the fiscal year, except as otherwise provided in the following subsections of this section. Returns of corporations (b) Returns of corporations under section 716 of this title made on the basis of the calendar year shall be filed on or before the 15th day of March following the close of the calendar year, and such returns made on the basis of a fiscal year shall be filed on or before the 15th day of the third month following the close of the fiscal year. Returns by certain nonresident alien individuals and foreign corporations (c) Returns made by nonresident alien individuals and foreign corporations (other than those having an office or place of business in the Virgin Islands) under section 716 of this title on the basis of a calendar year shall be filed on or before the 15th day of June following the close of the calendar year, and such returns made on the basis of a fiscal year shall be filed on or before the 15th day of the 6th month following the close of the fiscal year. Returns of exempt cooperative associations (d) In the case of income tax returns of exempt cooperative associations taxable under the provisions of section 522 of the Virgin Islands income tax law, returns made on the basis of a calendar year shall be filed on or before the 15th day of June following the close of the calendar year, and such returns made on the basis of a fiscal year shall be filed on or before the 15th day of the 6th month following the close of the fiscal year.

History: Repealed. June 11, 1959, No. 473, § 3, Sess. L. 1959, p. 83, eff. July 1, 1959. Cite as: 33 V.I.C. § 783, 784

In the case of returns under section 725 of this title (relating to the gasoline tax under chapter 5 of this title) returns made on the basis of the preceding calendar month shall be filed on or before the 10th day of the following month.

General rule (a) The Director may grant a reasonable extension of time for filing any return, declaration, statement, or other document required by the Virgin Islands income tax law or by regulations issued thereunder. Except in the case of taxpayers who are abroad, no such extension shall be for more than 6 months. Automatic extension for corporation income tax returns (b) An extension of 3 months for the filing of the return of income taxes imposed by the income tax law of the Virgin Islands shall be allowed any corporation if, in such manner and at such time as the Director may by regulations prescribe, there is filed on behalf of such corporation the form prescribed by the Director, and if such corporation pays, on or before the date prescribed for payment of the tax, the amount properly estimated as its tax or the first installment thereof required under section 862 of this title; but this extension may be terminated at any time by the Director by mailing to the taxpayer notice of such termination at least 10 days prior to the date for termination fixed in such notice. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

When not otherwise provided for by internal revenue laws of the Virgin Islands, the Director shall by regulations prescribe the place for the filing of any return, declaration, statement, or other document, or copies thereof, required by the internal revenue laws or by regulations issued thereunder. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

When not otherwise provided for by the internal revenue laws of the Virgin Islands, the Director may by regulations prescribe the period for which, or the date as of which, any return, statement, or other document required by the internal revenue laws of the Virgin Islands or by regulations issued thereunder, shall be made. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Public records and inspection (a) (1) Returns made with respect to taxes imposed by chapters 1, 3 and 6 of tchapters 1, 3 and 6 laws of the Virgin Islands upon which the tax has been determined by the Director shall constitute public records; but, except as hereinafter provided in this section, they shall be open to inspection only upon order of the Governor and under rules and regulations prescribed by the Director and approved by the Governor. (2) All returns made with respect to the taxes imposed by chapters 1, chapters 1, 3, 5 and 6 income tax laws of the Virgin Islands and by chapters 1, chapters 1, 3 and 7le, shall constitute public records and shall be open to public examination and inspection to such extent as shall be authorized in rules and regulations promulgated by the Governor. (3) Whenever a return is open to the inspection of any person, a certified copy thereof shall, upon request, be furnished to such person under rules and regulations prescribed by the Director. The Director may prescribe a reasonable fee for furnishing such copy. Inspection by shareholders (b) All bona fide shareholders of record owning 1 percent or more of the outstanding stock of any corporation shall, upon making request of the Director, be allowed to examine the annual income returns of such corporation and of its subsidiaries. Inspection by committees of the Legislature (c) The Director or any officer or employee of the Bureau of Internal Revenue, upon written request by a select committee of the Legislature specially authorized to investigate tax returns by a resolution of the Legislature, shall furnish such committee sitting in executive session with any data of any character contained in or shown by any return. Any such committee shall have the right, acting directly as a committee, or by or through such examiners or agents as it may designate or appoint, to inspect any or all of the returns at such times and in such manner as it may determine. Any relevant or useful information thus obtained may be submitted by the committee obtaining it to the Legislature. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2),(3) Sess. L. 1980, p. 147.

Organizations and Certain Trusts The information required to be furnished by sections 733(b) and 734 of this title, together with the names and addresses of such organizations and trusts, shall be made available to the public at such times and in such places as the Director may prescribe. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

There shall be kept, for public inspection, an alphabetical list of the names of all persons who have paid special taxes under chapter 3 of this title. Such list shall be prepared and kept pursuant to regulations prescribed by the Director, and shall contain the time, place, and business for which such special taxes have been paid, and upon application of any prosecuting officer there shall be furnished to him a certified copy thereof, as of a public record, for which a fee of $1 for each 100 words or fraction thereof in the copy or copies so requested may be charged. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

The Director shall prepare and publish annually statistics reasonably available with respect to the operation of the income tax laws of the Virgin Islands, including classifications of taxpayers and of income, the amounts allowed as deductions, exemptions, and credits, and any other facts deemed pertinent and valuable. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

General rule (a) Except as otherwise provided in this section, when a return of tax is required under the internal revenue laws of the Virgin Islands or the regulations issued thereunder, the person required to make such return shall, without assessment or notice and demand from the Director, pay such tax at the time and place fixed for filing the return (determined without regard to any extension of time for filing the return). Exception (b) If the taxpayer elects under section 718 of this title not to show the tax on the return, the amount determined by the Director as payable shall be paid within 30 days after the mailing by the Director to the taxpayer of a notice stating such amount and making demand therefor. Date fixed for payment of tax (c) In any case in which a tax is required to be paid on or before a certain date, or within a certain period, any reference in internal revenue laws of the Virgin Islands to the date fixed for payment of such tax shall be deemed a reference to the last day fixed for such payment (determined without regard to any extension of time for paying the tax). History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Privilege to elect to make installment payments (a) (1) Corporations. A corporation subject to the taxes imposed by chapter 1 ofchapter 1me tax laws of the Virgin Islands may elect to pay the unpaid amount of such taxes in two equal installments. (2) Estates of decedents. A decedent's estate subject to the tax imposed by chapter 1 of the income tax laws of the Virgin Islands may elect to pay such tax in four equal installments. Dates prescribed for payment of installments (b) Four installments. (1) In any case in which the tax may be paid in four installments, the first installment shall be paid on the date prescribed for the payment of the tax, the second installment shall be paid on or before 3 months, the third installment on or before 6 months, and the fourth installment on or before 9 months, after such date. (2) Two installments. In any case in which the tax may be paid in two installments, the first installment shall be paid on the date prescribed for the payment of the tax, and the second installment shall be paid on or before 3 months after such date. Proration of deficiency to installments (c) If an election has been made to pay the tax imposed by chapter 1 of the Virgin Islands income tax laws in installments and a deficiency has been assessed, the deficiency shall be prorated to such installments. Except as provided in section 1361 of this title (relating to jeopardy assessments), that part of the deficiency so prorated to any installment the date for payment of which has not arrived shall be collected at the same time as and as part of such installment. That part of the deficiency so prorated to any installment the date for payment of which has arrived shall be paid upon notice and demand from the Director. Acceleration of payment (d) If any installment is not paid on or before the date fixed for its payment, the whole of the unpaid tax shall be paid upon notice and demand from the Director. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Upon receipt of notice and demand from the Director there shall be paid at the place and time stated in such notice the amount of any tax (including any interest, additional amounts, additions to tax and assessable penalties) stated in such notice and demand. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Amount determined by taxpayer on return (a) The Director, except as otherwise provided in this subtitle or the Virgin Islands income tax law, may extend the time for payment of the amount of the tax shown, or required to be shown, on any return required under authority of this subtitle or of the income tax law of the Virgin Islands (or any installment thereof), for a reasonable period not to exceed 6 months from the date fixed for payment thereof. Such extension may exceed 6 months in the case of a taxpayer who is abroad. Amount determined as deficiency (b) Under regulations prescribed by the Director, the Director may, in the case of a tax imposed by chapter 1 of the Virgin Islands income tax law, extend the time for payment of the amount determined as a deficiency for a period not to exceed 18 months from the date fixed for payment of the deficiency, and, in exceptional cases, for a further period not to exceed 12 months. An extension under this subsection may be granted only where it is shown to the satisfaction of the Director that the payment of a deficiency upon the date fixed for the payment thereof will result in undue hardship to the taxpayer. No extension shall be granted if the deficiency is due to negligence, to intentional disregard of rules and regulations, or to fraud with intent to evade tax. Claims in bankruptcy or receivership proceedings (c) Extensions of time for payment of any portion of a claim for tax under chapter 1 of the Virgin Islands income tax law, allowed in bankruptcy or receivership proceedings, which is unpaid, may be had in the same manner and subject to the same provisions and limitations as provided in subsection (b) of this section in respect of a deficiency in such tax. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Carrybacks In general (a) If a corporation, in any taxable year, files with the Director a statement, as provided in subsection (b) of this section, with respect to an expected net operating loss carryback from such taxable year, the time for payment of all or part of any tax imposed by the Virgin Islands income tax law for the taxable year immediately preceding such taxable year shall be extended, to the extent and subject to the conditions and limitations hereinafter provided in this section. Contents of statement (b) The statement shall be filed at such time and in such manner and form as the Director may by regulations prescribe. Such statement shall set forth that the corporation expects to have a net operating loss carryback, as provided in section 172(b) of the Virgin Islands income tax law, from the taxable year in which such statement is made, and shall set forth, in such detail and with such supporting data and explanation as such regulations shall require (1) the estimated amount of the expected net operating loss; (2) the reasons, facts and circumstances which cause the corporation to expect such net operating loss; (3) the amount of the reduction of the tax previously determined attributable to the expected carryback, such tax previously predetermined being ascertained in accordance with the method prescribed in section 1314(a) of the Virgin Islands income tax law; and such reduction being determined by applying the expected carryback in the manner provided by law to the items on the basis of which such tax was determined; (4) the tax and the part thereof the time for payment of which is to be extended; and (5) such other information for purposes of carrying out the provisions of this section as may be required by such regulations. The Director shall, upon request, furnish a receipt for any statement filed, which shall set forth the date of such filing. Amount to which extension relates and installment payments (c) The amount the time for payment of which may be extended under subsection (a) of this section with respect to any tax shall not exceed the amount of such tax shown on the return, increased by any amount assessed as a deficiency (or as interest or addition to the tax) prior to the date of filing the statement and decreased by any amount paid or required to be paid prior to the date of such filing, and the total amount of the tax the time for payment of which may be extended shall not exceed the amount stated under subsection (b)(3) of this section. For purposes of this subsection, an amount shall not be considered as required to be paid unless shown on the return or assessed as a deficiency (or as interest or addition to the tax), and an amount assessed as a deficiency (or as interest or addition to the tax) shall be considered to be required to be paid prior to the date of filing of the statement if the 10th day after notice and demand for its payment occurs prior to such date. If an extension of time under this section relates to only a part of the tax, the time for payment of the remainder shall be considered to be the dates on which payments would have been required if such remainder has been the tax and the taxpayer had elected to pay the tax in installments as provided in section 862 of this title. Period of extension (d) The extension of time for payment provided in this section shall expire- (1) on the last day of the month in which falls the last date prescribed by law (including any extension of time granted the taxpayer) for the filing of the return for the taxable year of the expected net operating loss, or (2) if an application for tentative carryback adjustment provided in section 1131 of this title with respect to such loss is filed before the expiration of the period prescribed in paragraph (1), on the date on which notice is mailed by registered mail by the Director to the taxpayer that such application is allowed or disallowed in whole or in part. Revised statements (e) Each statement filed under subsection (a) of this section with respect to any taxable year shall be in lieu of the last statement previously filed with respect to such year. If the amount the time for payment of which is extended under a statement filed is less than the amount under the last statement previously filed, the extension of time shall be terminated as to the difference between the two amounts. Termination (f) The Director is not required to make any examination of the statement, but he may make such examination thereof as he deems necessary and practicable. The Director shall terminate the extension as to any part of the amount to which it relates which he deems should be terminated because, upon such examination, he believes that, as of the time such examination is made, all or any part of the statement clearly is in a material respect erroneous or unreasonable. Payments on termination (g) If an extension of time is terminated under subsection (e) or (f) of this section with respect to any amount, then- (1) no further extension of time shall be made under this section with respect to such amount; and (2) the time for payment of such amount shall be considered to be the dates on which payments would have been required if there had been no extension with respect to such amount and the taxpayer had elected to pay the tax in installments as provided in section 862 of this title. Jeopardy (h) If the Director believes that collection of the amount to which an extension under this section relates is in jeopardy, he shall immediately terminate such extension, and notice and demand shall be made by him for payment of such amount. Consolidated returns (i) If the corporation seeking an extension of time under this section made or was required to make a consolidated return, either for the taxable year within which the net operating loss arises or for the preceding taxable year affected by such loss, the provisions of such section shall apply only to such extent and subject to such conditions, limitations, and exceptions as the Director may by regulations prescribe. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

In the event the Director grants any extension of time within which to pay any tax or any deficiency therein, the Director may require the taxpayer to furnish a bond in such amount (not exceeding double the amount with respect to which the extension is granted) conditioned upon the payment of the amount extended in accordance with the terms of such extension. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Authority of Director (a) The Director shall make inquiries, determinations, and assessments of all taxes (including interest, additional amounts, additions to the tax and assessable penalties) imposed by the internal revenue laws of the Virgin Islands, or accruing under any former internal revenue act, which have not been duly paid at the time and in the manner provided by law. Compensation of child (b) Any income tax under chapter 1 of the Virgin Islands income tax law assessed against a child, to the extent attributable to amounts includible in the gross income of the child, and not of the parent, solely by reason of section 73(a) of the Virgin Islands income tax law, shall, if not paid by the child, for all purposes be considered as having also been properly assessed against the parent. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

If the mode or time for the assessment of any tax imposed by the internal revenue laws of the Virgin Islands (including interest, additional amounts, additions to the tax and assessable penalties) is not otherwise provided for, the Director may establish the same by regulations. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

The assessment shall be made by recording the liability of the taxpayer in the office of the Director in accordance with rules or regulations prescribed by the Director. Upon request of the taxpayer, the Director shall furnish the taxpayer a copy of the record of the assessment. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

The Director may, at any time within the period prescribed for assessment, make a supplemental assessment whenever it is ascertained that any assessment is imperfect or incomplete in any material respect.

In general (a) For purposes of this Part in the case of the income taxes imposed by the Virgin Islands income tax law, the term "deficiency" means the amount by which the tax imposed by the Virgin Islands income tax law exceeds the excess of- (1) the sum of (A) the amount shown as the tax by the taxpayer upon his return, if a return was made by the taxpayer, and an amount was shown as the tax by the taxpayer thereon, plus (B) the amounts previously assessed (or collected without the assessment) as a deficiency, over- (2) the amount of rebates, as defined in subsection (b)(2) of this section, made. Rules for application of subsection (a) (b) For purposes of this section- (1) the tax imposed by chapter 1 of the Virgin chapter 1ncome tax law and the tax shown on the return shall both be determined without regard to the credit under section 31 of the Virgin Islands income tax law, and without regard to so much of the credit under section 32 of that law as exceeds 2 percent of the interest on obligations described in section 1451 of that law. (2) The term "rebate" means so much of an abatement, credit, refund, or other repayment, as was made on the ground that the tax imposed by the Virgin Islands income tax law was less than the excess of the amount specified in subsection (a)(1) of this section over the rebates previously made. (3) The computation by the Director, pursuant to section 718 of this title, of the tax imposed by chapter 1 of the Virgin Islands income tax law shall be considered as having been made by the taxpayer and the tax so computed considered as shown by the taxpayer upon his return. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

In general (a) If the Director determines that there is a deficiency in respect of any tax imposed by the Virgin Islands income tax law, he is authorized to send notice of such deficiency to the taxpayer by registered mail. Address for notice of deficiency (b) Income taxes. (1) In the absence of notice to the Director under section 1423 of this title of the existence of a fiduciary relationship, notice of a deficiency in respect of a tax imposed by chapter 1 ofchapter 1in Islands income tax law, if mailed to the taxpayer at his last known address, shall be sufficient for purposes of such chapter and this chapter even if such taxpayer is deceased, or is under a legal disability, or, in the case of a corporation, has terminated its existence. (2) Joint income tax return. In the case of a joint income tax return filed by husband and wife, such notice of deficiency may be a single joint notice, except that if the Director has been notified by either spouse that separate residences have been established, then, in lieu of the single joint notice, a duplicate original of the joint notice shall be sent by registered mail to each spouse at his last known address. Further deficiency letters restricted (c) If the Director has mailed to the taxpayer a notice of deficiency as provided in subsection (a) of this section, and the taxpayer files a petition with the district court within the time prescribed in section 943 of this title, the Director shall have no right to determine any additional deficiency of income tax for the same taxable year, except in the case of fraud, and except as provided in section 944 of this title (relating to assertion of greater deficiencies before the district court), in section 943(b)(1) of this title (relating to mathematical errors), or in section 1361(a) of this title (relating to the making of jeopardy assessments). History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Time for filing petition and restriction on assessment (a) Within 90 days, or 150 days if the notice is addressed to a person outside the Virgin Islands, after the notice of deficiency authorized in section 942 of this title is mailed (not counting Saturday, Sunday, or a legal holiday in the Virgin Islands as the last day), the taxpayer may file a petition with the district court for a redetermination of the deficiency. Except as otherwise provided in section 1361 of this title no assessment of a deficiency in respect of any tax imposed by the Virgin Islands income tax law and no levy or proceeding in court for its collection shall be made, begun, or prosecuted until such notice has been mailed to the taxpayer, nor until the expiration of such 90-day or 150-day period, as the case may be, nor, if a petition has been filed with the district court, until the decision of the district court has become final. Notwithstanding the provisions of section 1691(a) of this title, the making of such assessment or the beginning of such proceeding or levy during the time such prohibition is in force may be enjoined by a proceeding in the proper court. Exceptions to restrictions on assessment (b) Mathematical errors. (1) If the taxpayer is notified that, on account of a mathematical error appearing upon the return, an amount of tax in excess of that shown upon the return is due, and that an assessment of the tax has been or will be made on the basis of what would have been the correct amount of tax but for the mathematical error, such notice shall not be considered as a notice of deficiency for the purposes of subsection (a) of this section (prohibiting assessment and collection until notice of the deficiency has been mailed), or of section 942(c) of this title (restricting further deficiency letters), or section 1182(a) of this title (prohibiting credits or refunds after petition to the district court), and the taxpayer shall have no right to file a petition with the district court based on such notice, nor shall such assessment or collection be prohibited by the provisions of subsection (a) of this section. (2) Assessments arising out of tentative carryback adjustments. If the Director determines that the amount applied, credited, or refunded under section 1131 of this title is in excess of the overassessment attributable to the carryback with respect to which such amount was applied, credited, or refunded, he may assess the amount of the excess as a deficiency as if it were due to a mathematical error appearing on the return. (3) Assessment of amount paid. Any amount paid as a tax or in respect of a tax may be assessed upon the receipt of such payment notwithstanding the provisions of subsection (a) of this section. In any case where such amount is paid after the mailing of a notice of deficiency under section 942 of this title, such payment shall not deprive the district court of jurisdiction over such deficiency determined under section 941 of this title without regard to such assessment. Failure to file petition (c) If the taxpayer does not file a petition with the district court within the time prescribed in subsection (a) of this section, the deficiency, notice of which has been mailed to the taxpayer, shall be assessed, and shall be paid upon notice and demand from the Director. Waiver of restrictions (d) The taxpayer shall at any time (whether or not a notice of deficiency has been issued) have the right, by a signed notice in writing filed with the Director, to waive the restrictions provided in subsection (a) of this section on the assessment and collection of the whole or any part of the deficiency. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Jurisdiction as to increase of deficiency, additional amounts or additions to the tax (a) The district court shall have jurisdiction to redetermine the correct amount of the deficiency even if the amount so redetermined is greater than the amount of the deficiency, notice of which has been mailed to the taxpayer, and to determine whether any additional amount, or addition to the tax should be assessed, if claim therefor is asserted by the Director at or before the hearing or a rehearing. Jurisdiction over other years (b) The district court in redetermining a deficiency of income tax for any taxable year shall consider such facts with relation to the taxes for other years as may be necessary correctly to redetermine the amount of such deficiency, but in so doing shall have no jurisdiction to determine whether or not the tax for any other year has been overpaid or underpaid. Final decisions of district court (c) For purposes of this chapter and the Virgin Islands income tax law, the date on which a decision of the district court becomes final shall be determined according to the provisions of section 1781 of this title. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

If the taxpayer files a petition with the district court, the entire amount redetermined as the deficiency by the decision of the district court which has been final shall be assessed and shall be paid upon notice and demand from the Director. No part of the amount determined as a deficiency by the Director but disallowed as such by the decision of the district court which has become final shall be assessed or be collected by levy or by proceeding in court with or without assessment. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

The Director shall collect the internal revenue taxes imposed by this title and the Virgin Islands income tax law. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Establishment by regulations (a) If the mode or time for collecting any internal revenue tax is not provided for by this title or the Virgin Islands income tax law, the Director may establish the same by regulations. Discretionary method (b) Whether or not the method of collecting any tax imposed by chapters 1, 3 and 5 of this title is specifically provided for by this title, any such tax may, under regulations prescribed by the Director, be collected by means of returns, stamps, coupons, books, or such other reasonable devices or methods as may be necessary or helpful in securing a complete and proper collection of the tax. Use of government depositories (c) The Director may authorize incorporated banks or trust companies which are depositories or financial agents of the government of the United States Virgin Islands, to receive any internal revenue tax imposed under this title or the Virgin Islands income tax law, in such manner, at such times, and under such conditions as he may prescribe; and he shall prescribe the manner, times, and conditions under which the receipt of such tax by such banks and trust companies is to be treated as payment of such tax to the Director. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

General rule (a) Where it is not otherwise provided by the internal revenue law of the Virgin Islands, the Director shall, as soon as practicable, and within 60 days, after the making of an assessment of a tax pursuant to section 923 of this title, give notice to each person liable for the unpaid tax, stating the amount and demanding payment thereof. Such notice shall be left at the dwelling or usual place of business of such person, or shall be sent by mail to such person's last known address. Assessment prior to last date for payment (b) Except where the Director believes collection would be jeopardized by delay, if any tax is assessed prior to the last date prescribed for payment of such tax, payment of such tax shall not be demanded under subsection (a) of this section until after such date. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Authority to receive (a) It shall be lawful for the Director to receive for taxes imposed by this title or the Virgin Islands income tax law, checks, money orders or credit cards, to the extent and under the conditions provided in regulations prescribed by the Director. Check, money order or credit card charge unpaid (b) (1) Ultimate liability. If a check, money order or credit card charge so received is not duly paid, the person by whom such check, money order or credit card charge has been tendered shall remain liable for the payment of the tax or for the stamps, and for all legal penalties and additions, to the same extent as if such check, money order or credit card charge had not been tendered. (2) Liability of banks and others. If any certified, treasurer's, or cashier's any check, money order or credit card charge so received is not duly paid, the government of the United States Virgin Islands shall, in addition to its right to exact payment from the party originally indebted therefor, have a lien for the amount of such check upon all the assets of the bank or trust company on which drawn or for the amount of such money order upon all the assets of the issuer thereof; and such amount shall be paid out of such assets in preference to any other claims whatsoever against such bank or issuer except the necessary costs and expenses of administration and the reimbursement of the government of the United States Virgin Islands for the amount expended in the redemption of the circulating notes of such bank. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147; Feb. 1, 2001, No. 6391, § 3(c) (G)(1), Sess. L. 2000, p. 495.

In the payment of any internal revenue tax imposed by this title or the Virgin Islands income tax law not payable by stamp, a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to 1 cent.

The Director shall, upon request, give receipts for all sums collected by him, excepting only when the same are in payment for stamps sold and delivered; but no receipt shall be issued in lieu of a stamp representing a tax. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

The Director is authorized in his discretion to allow payment of internal revenue taxes in the currency of a foreign country under such circumstances and subject to such conditions as the Director may by regulations prescribe. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

If any person liable to pay any internal revenue tax neglects or refuses to pay the same after demand, the amount (including any interest, additional amount, addition to tax, or assessable penalty, together with any costs that may accrue in addition thereto) shall be a lien in favor of the government of the United States Virgin Islands upon all property and rights to property, whether real or personal, belonging to such person.

Unless another date is specifically fixed by law, the lien imposed by section 1031 of this title shall arise at the time the assessment is made and shall continue until the liability for the amount so assessed is satisfied or becomes unenforceable by reason of lapse of time.

Creditors Invalidity of lien without notice (a) Except as otherwise provided in subsection (b) of this section, the lien imposed by section 1031 of this title shall not be valid as against any mortgagee, pledgee, purchaser or judgment creditor until notice thereof has been filed by the Director in the office of the recorder of deeds in the judicial division in which the property is located. Exception in case of securities (b) Exception. (1) Even though notice of a lien provided in section 1031 of this title has been filed in the manner prescribed in subsection (a) of this section, the lien shall not be valid with respect to a security, as defined in paragraph (2paragraph (2) subsection, as against any mortgagee, pledgee, or purchaser of such security, for an adequate and full consideration in money or money's worth, if at the time of such mortgage, pledge, or purchase such mortgagee, pledgee, or purchaser is without notice or knowledge of the existence of such lien. (2) Definition of security. As used in this subsection, the term "security" means any bond, debenture, note, or certificate or other evidence of indebtedness, issued by any corporation (including one issued by a government or political subdivision thereof), with interest coupons or in registered form, share of stock, voting trust certificate, or any certificate of interest or participation in, certificate of deposit or receipt for, temporary or interim certificate for, or warrant or right to subscribe to or purchase, any of the foregoing; negotiable instrument; or money. (c) Disclosure of amount of outstanding lien. If a notice of lien has been filed under subsection (a) of this section, the Director is authorized to provide by rules or regulations the extent to which, and the conditions under which, information as to the amount of the outstanding obligations secured by the lien may be disclosed. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Release of lien (a) Subject to such rules or regulations as the Director may prescribe, the Director may issue a certificate of release of any lien imposed with respect to any internal revenue tax if- (1) Liability satisfied or unenforceable. The Director finds that the liability for the amount assessed, together with all interest in respect thereof, has been fully satisfied or has become legally unenforceable; or (2) Bond accepted. There is furnished to the Director and accepted by him a bond that is conditioned upon the payment of the amount assessed, together with all interest in respect thereof, within the time prescribed by law (including any extension of such time), and that is in accordance with such requirements relating to terms, conditions, and form of the bond and sureties thereon, as may be specified by such rules or regulations. Partial discharge of property (b) Property double the amount of the liability. (1) Subject to such rules or regulations as the Commissioner may prescribe, the Director may issue a certificate of discharge of any part of the property subject to any lien imposed under this chapter if the Director finds that the fair market value of that part of such property remaining subject to the lien is at least double the amount of the unsatisfied liability secured by such lien and the amount of all other liens upon such property which have priority to such lien. (2) Part payment or interest of Virgin Islands valueless. Subject to such rules or regulations as the Director may prescribe, the Director may issue a certificate of discharge of any part of the property subject to the lien if- (A) there is paid over to the Director in part satisfaction of the liability secured by the lien an amount determined by the Director which shall not be less than the value, as determined by the Director of the interest of the government of the Virgin Islands in the part to be so discharged; or (B) the Director determines at any time that the interest of the government of the United States Virgin Islands in the part to be so discharged has no value. In determining the value of the interest of the government of the United States Virgin Islands in the part to be so discharged, the Director shall give consideration to the fair market value of such part and to such liens thereon as have priority to the lien of the government of the United States Virgin Islands. Effect of certificate of release or partial discharge (c) A certificate of release or of partial discharge issued under this section shall be held conclusive that the lien upon the property covered by the certificate is extinguished. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Authority of Director (a) If any person liable to pay any internal revenue tax neglects or refuses to pay the same within 10 days after notice and demand, it shall be lawful for the Director or any authorized representative to collect such tax together with interest (and such further sum as shall be sufficient to cover the expenses of the levy) by levy upon all property and rights to property (except such property as is exempt under section 1054 of this title) belonging to such person or on which there is a lien provided in this chapter for the payment of such tax. Levy may be made upon the accrued salary, wages, commissions, and bonuses, reimbursements or payment of any kind due an employee, by serving a notice of levy on the employer (as defined in subsection (d) of this section) of such employee. If the Director makes a finding that the collection of such tax is in jeopardy, notice and demand for immediate payment of such tax may be made by the Director and, upon failure or refusal to pay such tax, collection thereof by levy shall be lawful without regard to the 10-day period provided in this section. Seizure and sale of property (b) The term "levy" as used in this subtitle and the Virgin Islands income tax law includes the power of distraint and seizure by any means. In any case in which the Director may levy upon property or rights to property, he may seize and sell such property or rights to property (whether real or personal, tangible or intangible). Successive seizures (c) Whenever any property or right to property upon which levy has been made by virtue of subsection (a) of this section is not sufficient to satisfy the claim of the government of the United States Virgin Islands for which levy is made, the Director may, thereafter, and as often as may be necessary, proceed to levy in like manner upon any other property liable to levy of the person against whom such claim exists, until the amount due from him, together with all expenses, is fully paid. Employer defined (d) For purposes of subsection (a) of this section, the term "employer" means the person for whom an individual performs or performed any service, of whatever nature, as the employee of such person, except that if the person for whom the individual performs or performed the services does not have control of the payment of the wages for such services, the term "employer" means the person having control of the payment of such wages. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147; May 14, 1985, No. 5060, § 101(c), Sess. L. 1985, p. 17.

Requirements (a) Any person in possession of (or obligated with respect to) property or rights to property subject to levy upon which a levy has been made shall, upon demand of the Director, surrender such property or rights (or discharge such obligation) to the Director except such part of the property or rights as is, at the time of such demand, subject to an attachment or execution under any judicial process. Penalty for violation (b) Any person who fails or refuses to surrender as required by subsection (a) of this section any property or rights to property, subject to levy, upon demand by the Director, shall be liable in his own person and estate to the government of the United States Virgin Islands in a sum equal to the value of the property or rights not so surrendered, but not exceeding the amount of the taxes for the collection of which such levy has been made, together with costs and interest on such sum at the rate of 6 percent per annum from the date of such levy. Person defined (c) The term "person," as used in subsection (a) of this section includes an officer or employee of a corporation or a member or employee of a partnership, who as such officer, employee, or member is under a duty to surrender the property or rights to property, or to discharge the obligation. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

If a levy has been made or is about to be made on any property, or right to property, any person having custody or control of any books or records, containing evidence or statements relating to the property or right to property subject to levy, shall upon demand of the Director, exhibit such books or records to the Director. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Enumeration (a) There shall be exempt from levy- (1) Wearing apparel and school books. Such items of wearing apparel and such school books as are necessary for the taxpayer or for members of his family; (2) Fuel, provisions, furniture, and personal effects. If the taxpayer is the head of a family, so much of the fuel, provisions, furniture, and personal effects in his household, and of the arms for personal use, livestock, and poultry of the taxpayer, as does not exceed $500 in value; (3) Books and tools of a trade, business, or profession. So many of the books and tools necessary for the trade, business, or profession of the taxpayer as do not exceed in the aggregate $250 in value. Appraisal (b) The officer seizing property of the type described in subsection (a) of this section shall appraise and set aside to the owner the amount of such property declared to be exempt. If the taxpayer objects at the time of the seizure to the valuation fixed by the officer making the seizure, the Director shall summon three disinterested individuals who shall make the valuation. No other property exempt (c) Notwithstanding any other law of the Virgin Islands, no property or rights to property shall be exempt from levy other than the property specifically made exempt by subsection (a) of this section. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Notice of seizure (a) As soon as practicable after seizure of property, notice in writing shall be given by the Director to the owner of the property (or, in the case of personal property, the possessor thereof), or shall be left at his usual place of abode or business if he has such within the Virgin Islands. If the owner cannot be readily located, or has no dwelling or place of business within the Virgin Islands, the notice may be mailed to his last known address. Such notice shall specify the sum demanded and shall contain, in the case of personal property, an account of the property seized and, in the case of real property, a description with reasonable certainty of the property seized. Notice of sale (b) The Director shall as soon as practicable after the seizure of the property give notice to the owner, in the same manner as that prescribed in subsection (a) of this section, and shall cause a notification to be published in some newspaper within the judicial division wherein such seizure is made, or, if there be no newspaper published in such judicial division, shall post such notice at the post office nearest the place where the seizure is made, and in not less than two other public places. Such notice shall specify the property to be sold, and the time, place, manner, and conditions of the sale thereof. Whenever levy is made without regard to the 10-day period provided in section 1051(a) of this title, public notice of sale of the property seized shall not be made within such 10-day period unless section 1056 of this title (relating to sale of perishable goods) is applicable. Sale of indivisible property (c) If any property liable to levy is not divisible, so as to enable the Director by sale of a part thereof to raise the whole amount of the tax and expenses, the whole of such property shall be sold. Time and place of sale (d) The time of sale shall not be less than 10 days nor more than 40 days from the time of giving public notice under subsection (b) of this section. The place of sale shall be within the judicial division in which the property is seized, except by special order of the Director. Manner and conditions of sale (e) (1) Minimum price. Before the sale the Director shall determine a minimum price for which the property shall be sold and if no person offers for such property at the sale the amount of the minimum price, the property shall be declared to be purchased at such price for the government of the United States Virgin Islands; otherwise the property shall be declared to be sold to the highest bidder. In determining the minimum price, the Director shall take into account the expense of making the levy and sale. (2) Additional rules applicable to sale. The Director shall by regulations prescribe the manner and other conditions of the sale of property seized by levy. If one or more alternative methods or conditions are permitted by regulations, the Director shall select the alternatives applicable to the sale. Such regulations shall provide- (A) that the sale shall not be conducted in any manner other than- (i) by public auction; or (ii) by public sale under sealed bids; (B) in the case of the seizure of several items of property, whether such items shall be offered separately, in groups, or in the aggregate; and whether such property shall be offered both separately (or in groups) and in the aggregate, and sold under whichever method produces the highest aggregate amount; (C) whether the announcement of the minimum price determined by the Director may be delayed until the receipt of the highest bid; (D) whether payment in full shall be required at the time of acceptance of a bid, or whether a part of such payment may be deferred for such period (not to exceed 1 month) as may be determined by the Director to be appropriate; (E) the extent to which methods (including advertising) in addition to those prescribed in subsection (b) of this section may be used in giving notice of the sale; and (F) under what circumstances the Director may adjourn the sale from time to time (but such adjournments shall not be for a period to exceed in all 1 month). (3) Payment of amount bid. If payment in full is required at the time of acceptance of a bid and is not then and there paid, the Director shall forthwith proceed to again sell the property in the manner provided in this subsection. If the conditions of the sale permit part of the payment to be deferred, and if such part is not paid within the prescribed period, an action may be instituted against the purchaser for the purchase price or such part thereof as has not been paid, together with interest at the rate of 6 percent per annum from the date of the sale; or, in the discretion of the Director, the sale may be declared by the Director to be null and void for failure to make full payment of the purchase price and the property may again be advertised and sold as provided in subsections (b) and (c) of this section, and this subsection. In the event of such readvertisement and sale any new purchaser shall receive such property or rights to property, free and clear of any claim or right of the former defaulting purchaser, of any nature whatsoever, and the amount paid upon the bid price by such defaulting purchaser shall be forfeited. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

If the Director determines that any property seized is liable to perish or become greatly reduced in price or value by keeping, or that such property cannot be kept without great expense, he shall appraise the value of such property and- (1) Return to owner. If the owner of the property can be readily found, the Director shall give him notice of such determination of the appraised value of the property and the property shall be returned to the owner if, within such time as may be specified in the notice, the owner- (A) pays to the Director an amount equal to the appraised value; or (B) gives bond in such form, with such sureties, and in such amount as the Director shall prescribe, to pay the appraised amount at such time as the Director determines to be appropriate in the circumstances; or (2) Immediate sale. If the owner does not pay such amount or furnish such bond in accordance with this section, the Director shall as soon as practicable make public sale of the property in accordance with such regulations as may be prescribed by the Director. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Before sale (a) Any person whose property has been levied upon shall have the right to pay the amount due, together with the expenses of the proceeding, if any, to the Director at any time prior to the sale thereof, and upon such payment the Director shall restore such property to him, and all further proceedings in connection with the levy on such property shall cease from the time of such payment. Redemption of real property after sale (b) (1) Period. The owners of any real property sold as provided in section 1055 of this title, their heirs, executors, or administrators, or any person having an interest therein, or a lien thereon, or any person in their behalf, shall be permitted to redeem the property sold, or any particular tract of such property, at any time within 1 year after the sale thereof. (2) Price. Such property or tract of property shall be permitted to be redeemed upon payment to the purchaser, or in case he cannot be found in the judicial division in which the property to be redeemed is situated, then to the Director for the use of the purchaser, his heirs, or assigns, the amount paid by such purchaser and interest thereon at the rate of 20 percent per annum. Record (c) When any lands sold are redeemed as provided in this section, the Director shall cause entry of the fact to be made upon the record mentioned in section 1060 of this title, and such entry shall be evidence of such redemption. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Certificate of sale (a) In the case of property sold as provided in section 1055 of this title, the Director shall give to the purchaser a certificate of sale upon payment in full of the purchase price. In the case of real property, such certificate shall set forth the real property purchased, for whose taxes the same was sold, the name of the purchaser, and the price paid therefor. Deed to real property (b) In the case of any real property sold as provided in section 1055 of this title and not redeemed in the manner and within the time provided in section 1057 of this title, the Director shall execute to the purchaser of such real property at such sale, upon his surrender of the certificate of sale, a deed of the real property so purchased by him, reciting the facts set forth in the certificate. Real property purchased by the Virgin Islands (c) If real property is declared purchased by the government of the United States Virgin Islands at a sale pursuant to section 1055 of this title, the Director shall at the proper time execute a deed therefor after its preparation and the endorsement of approval as to its form by the United States attorney, and the Director shall, without delay, cause the deed to be duly recorded in the office of the recorder of deeds in the judicial division in which the property is located. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Property Certificate of sale of property other than real property (a) In all cases of sale pursuant to section 1055 of this title of property (other than real property), the certificate of such sale- (1) As evidence. Shall be prima facie evidence of the right of the officer to make such sale, and conclusive evidence of the regularity of his proceedings in making the sale; (2) As conveyances. Shall transfer to the purchaser all right, title, and interest of the party delinquent in and to the property sold; (3) As authority for transfer of corporate stock. If such property consists of stocks, shall be notice, when received, to any corporation, company, or association of such transfer, and shall be authority to such corporation, company, or association to record the transfer of its books and records in the same manner as if the stocks were transferred or assigned by the party holding the same, in lieu of any original or prior certificate, which shall be void, whether canceled or not; (4) As receipts. If the subject of sale is securities or other evidences of debt, shall be a good and valid receipt to the person holding the same, as against any person holding or claiming to hold possession of such securities or other evidences of debt; and (5) As authority for transfer of title to motor vehicle. If such property consists of a motor vehicle, shall be notice, when received, to any public official charged with the registration of title to motor vehicles, of such transfer and shall be authority to such official to record the transfer on his books and records in the same manner as if the certificate of title to such motor vehicle were transferred or assigned by the party holding the same, in lieu of any original or prior certificate, which shall be void, whether canceled or not. Deed of real property (b) In the case of the sale of real property pursuant to section 1055 of this title- (1) Deed as evidence. The deed of sale given pursuant to section 1055 of this title shall be prima facie evidence of the facts therein stated; and (2) Deed of conveyance of title. If the proceedings of the Director as set forth have been substantially in accordance with the provisions of law, such deed shall be considered and operate as a conveyance of all the right, title, and interest the party delinquent had in and to the real property thus sold at the time the lien of the government of the United States Virgin Islands attached thereto. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Requirement (a) The Director shall keep a record of all sales of real property under section 1055 of this title and of redemptions of such property. The record shall set forth the tax for which any such sale was made, the dates of seizure and sale, the name of the party assessed and all proceedings in making such sale, the amount of expenses, the names of all purchasers and the date of the deed. Copy as evidence (b) A copy of such record, or any part thereof, certified by the Director shall be evidence in any court of the truth of the facts therein stated. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

The Director shall determine the expenses to be allowed in all cases of levy and sale. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Collection of liability (a) Any money realized by proceedings under this subchapter (whether by seizure, by surrender under section 1052 of this title or by sale of seized property) shall be applied as follows- (1) Expense of levy and sale. First, against the expenses of the proceedings under this subchapter; (2) Specific tax liability on seized property. If the property seized and sold is subject to a tax imposed by any internal revenue law which has not been paid, the amount remaining after applying paragraph (1paragraph (1) then be applied against such tax liability (and, if such tax was not previously assessed, it shall then be assessed); (3) Liability of delinquent taxpayer. The amount, if any, remaining after applying paragraphs (1) and (2) shall then be applied against the liability in respect of which the levy was made. Surplus proceeds (b) Any surplus proceeds remaining after the application of subsection (a) of this section shall, upon application and satisfactory proof in support thereof, be credited or refunded by the Director to the person or persons legally entitled thereto. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

It shall be lawful for the Director, under regulations prescribed by the Director, to release the levy upon all or part of the property or rights to property levied upon where the Director determines that such action will facilitate the collection of the liability, but such release shall not operate to prevent any subsequent levy. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Assessment and collection after limitation period (a) The term "overpayment" includes that part of the amount of the payment of any internal revenue tax which is assessed or collected after the expiration of the period of limitation properly applicable thereto. Rule where no tax liability (b) An amount paid as tax shall not be considered not to constitute an overpayment solely by reason of the fact that there was no tax liability in respect of which such amount was paid.

(a) In the case of any overpayment, the Director, within the applicable period of limitations, may credit the amount of such overpayment, including any interest allowed thereon, against any liability in respect of an internal revenue tax on the part of the person who made the overpayment and shall refund any balance to such person. (b) The Director of the Bureau of Internal Revenue shall maintain in the general ledger of the General Fund in the Treasury of the Virgin Islands an account to be designated the Reserve for Internal Revenue Tax Refunds. There shall be credited directly to such reserve account monthly not less than 10 percent of the receipts from income tax collections. The refunds or credits administratively granted under subsection (a) of this section shall be paid or credited by the Director of the Bureau of Internal Revenue, without the necessity for annual appropriation and shall be chargeable to the reserve account. (c) The Director of the Virgin Islands Bureau of Internal Revenue shall establish an income tax refund assignment program which allows taxpayers who are owed tax refunds by the Government of the Virgin Islands to voluntarily assign the proceeds of any tax refund to the Government of the Virgin Islands for the payment of any outstanding real property tax obligations. (d) The Director of the Bureau of Internal Revenue, in cooperation and coordination with the necessary government departments and instrumentalities, shall promulgate the required rules and regulations which may include the issuance of a "tax credit voucher" in order to effectuate the provisions of subsection (c) of this section. (e) Upon a taxpayer's assignment of tax refunds to the Government of the Virgin Islands for the payment of outstanding real property taxes under this section, no further interest or penalty shall be imposed on the portion of the outstanding real property taxes covered by the tax refund assignment. (f) A tax payer owed a refund has the option of receiving his refund by direct deposit or by check. At the time of filing the tax return the tax payer shall indicate on a form provided by the Internal Revenue Bureau, the method to be used to expedite the refund and provide the necessary information requested by the Bureau. History: Amended Feb. 20, 1964, No. 1082, §§ 1, 2, Sess. L. 1964, p. 25; June 4, 1968, No. 2221, Sess. L. 1968, Pt. II, p. 27; Aug. 22, 1981, No. 4473, § 3(a)(1), (2), Sess. L. 1980, p. 147; Aug. 27, 1997, No. 6150, § 1, Sess. L. 1997, p. 45; Jan. 5, 1998, No. 6191, § 2, Sess. L. 1997, p. 109; Oct. 31, 1998, No. 6269, § 12, Sess. L. 1998, p. 448; Apr. 12, 1999, No. 6278, § 7, Sess. L. 1999, p. 7; Oct. 7, 2011, No. 7300, § 1, Sess. L. 2011, p. 182.

In the case of a tax payable in installments, if the taxpayer has paid as an installment of the tax more than the amount determined to be the correct amount of such installment, the overpayment shall be credited against the unpaid installments, if any. If the amount already paid, whether or not on the basis of installments, exceeds the amount determined to be the correct amount of the tax, the overpayment shall be credited or refunded as provided in section 1102 of this title.

General rule (a) The Director is authorized to abate the unpaid portion of the assessment of any tax or any liability in respect thereof, which- (1) is excessive in amount; (2) is assessed after the expiration of the period of limitation properly applicable thereto; or (3) is erroneously or illegally assessed. No claim for abatement of income tax (b) No claim for abatement shall be filed by a taxpayer in respect of an assessment of any tax imposed by the Virgin Islands income tax law. Small tax balances (c) The Director is authorized to abate the unpaid portion of the assessment of any tax, or any liability in respect thereof, if the Director determines under uniform rules prescribed by the Director that the administration and collection costs involved would not warrant collection of the amount due. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

In the absence of fraud or mistake in mathematical calculation, the findings of fact in and the decision of the Director upon the merits of any claim presented under or authorized by the internal revenue laws and the allowance or nonallowance by the Director of interest on any credit or refund under the internal revenue laws shall not, except as provided in subchapters III and IV of chapter 47 (relating to judicial review), be subject to review by any other administrative or accounting officer, employee, or agent of the government of the United States Virgin Islands. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

The date on which the Director first authorizes the scheduling of an overassessment in respect of any internal revenue tax shall be considered as the date of allowance of refund or credit in respect of such tax. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Application for adjustment (a) A taxpayer may file an application for a tentative carryback adjustment of the tax for the prior taxable year affected by a net operating loss carryback, provided in section 172(b) of the Virgin Islands income tax law, from any taxable year. The application shall be verified in the manner prescribed by section 765 of this title in the case of a return of such taxpayer, and shall be filed, on or after the date of filing of the return for the taxable year of the net operating loss from which the carryback results and within a period of 12 months from the end of such taxable year, in the manner and form required by regulations prescribed by the Director. The application shall set forth in such detail and with such supporting data and explanation as such regulations shall require- (1) the amount of the net operating loss; (2) the amount of the tax previously determined for the prior taxable year affected by such carryback, the tax previously determined being ascertained in accordance with the method prescribed in section 1314(a) of the Virgin Islands income tax law; (3) the amount of decrease in such tax, attributable to such carryback, such decrease being determined by applying the carryback in the manner provided by law to the items on the basis of which such tax was determined; (4) the unpaid amount of such tax, not including any amount required to be shown under paragraph (5) of this subsection; (5) the amount, with respect to the tax for the taxable year immediately preceding the taxable year of such loss, as to which an extension of time for payment under section 882 of this title is in effect; and (6) such other information for purposes of carrying out the provisions of this section as may be required by such regulations. An application under this subsection shall not constitute a claim for credit or refund. Allowance of adjustments (b) Within a period of 90 days from the date on which an application for tentative carryback adjustment is filed under subsection (a) of this section, or from the last day of the month in which falls the last date prescribed by law (including any extension of time granted the taxpayer) for filing the return for the taxable year of the net operating loss from which such carryback results, whichever is the later, the Director shall make, to the extent he deems practicable in such period, a limited examination of the application, to discover omissions and errors of computation therein, and shall determine the amount of the decrease in the tax attributable to such carryback upon the basis of the application and the examination, except that the Director may disallow, without further action, any application which he finds contains errors of computation which he deems cannot be corrected by him within such 90-day period or material omissions. Such decrease shall be applied against any unpaid amount of the tax decreased (including any amount of such tax as to which an extension of time under section 882 of this title is in effect) and any remainder shall be credited against any unsatisfied amount of any tax for the taxable year immediately preceding the taxable year of the net operating loss the time for payment of which tax is extended under section 882 of this title. Any remainder shall, within such 90-day period, be either credited against any tax or installment thereof then due from the taxpayer, or refunded to the taxpayer. Consolidated returns (c) If the corporation seeking a tentative carryback adjustment under this section, made or was required to make a consolidated return, either for the taxable year within which the net operating loss arises, or for the preceding taxable year affected by such loss, the provisions of this section shall apply only to such extent and subject to such conditions, limitations, and exceptions as the Director may by regulations prescribe. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

In the case of an overpayment of tax imposed by chapter 3 of the Virgin Islands income tax law, refund or credit shall be made to the withholding agent only to the extent that the amount of such overpayment was not deducted and withheld by the withholding agent.

General rule (a) Except as otherwise provided in this section, the amount of any internal revenue tax imposed by this subtitle or the Virgin Islands income tax law shall be assessed within 3 years after the return was filed (whether or not such return was filed on or after the date prescribed) or, if the tax is payable by stamp, within 3 years after such tax became due, and no proceeding in court without assessment for the collection of such tax shall be begun after the expiration of such period. Time return deemed filed (b) (1) Early return. For purposes of this section, a return of internal revenue tax imposed by this subtitle or the Virgin Islands income tax law, filed before the last day prescribed by law or by regulations promulgated pursuant to law for the filing thereof, shall be considered as filed on such last day. (2) Return executed by secretary. Notwithstanding the provisions of paragraph (2) of section 721(b) of this title, the execution of a return by the Director pursuant to the authority conferred by such section shall not start the running of the period of limitations on assessment and collection. Exceptions (c) (1) False return. In the case of a false or fraudulent return with the intent to evade tax, the tax may be assessed, or a proceeding in court for collection of such tax may be begun without assessment, at any time. (2) Willful attempt to evade tax. In case of a willful attempt in any manner to defeat or evade tax imposed by this subtitle, the tax may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time. (3) No return. In the case of failure to file a return, the tax may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time. (4) Extension by agreement. Where, before the expiration of the time prescribed in this section for the assessment of any internal revenue tax imposed by this subtitle or the Virgin Islands income tax law, both the Director and the taxpayer have consented in writing to its assessment after such time, the tax may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by the subsequent agreements in writing made before the expiration of the period previously agreed upon. Request for prompt assessment (d) Except as otherwise provided in subsection (c) of this section, in the case of any tax for which return is required in the case of a decedent, or by his estate during the period of administration, or by a corporation, the tax shall be assessed, and any proceeding in court without assessment for the collection of such tax shall be begun, within 18 months after written requests therefor (filed after the return is made and filed in such manner and such form as may be prescribed by regulations of the Director) by the executor, administrator, or other fiduciary representing the estate of such decedent, or by the corporation, but not after the expiration of 3 years after the return was filed. This subsection shall not apply in the case of a corporation unless- (1) such written request notifies the Director that the corporation contemplates dissolution at or before the expiration of such 18-month period; (2) the dissolution is in good faith begun before the expiration of such 18-month period; and (3) the dissolution is completed. Omission from gross income (e) Except as otherwise provided in subsection (c) of this section, in the case of any tax imposed by the Virgin Islands income tax law- (1) General rule. If the taxpayer omits from gross income an amount properly includible therein which is in excess of 25 percent of the amount of gross income stated in the return the tax may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time within 6 years after the return was filed. For purposes of this paragraph- (A) in the case of a trade or business, the term "gross income" means the total of the amounts received or accrued from the sale of goods or services (if such amounts are required to be shown on the return) prior to diminution by the cost of such sales or services; and (B) in determining the amount omitted from gross income, there shall not be taken into account any amount which is omitted from gross income stated in the return if such amount is disclosed in the return, or in a statement attached to the return, in a manner adequate to apprise the Director of the nature and amount of such item. (2) Constructive dividends. If the taxpayer omits from gross income an amount properly includible therein under section 551(b) of the Virgin Islands income tax law (relating to the inclusion in the gross income of Virgin Islands shareholders of their distributive shares of the undistributed foreign personal holding company income), the tax may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time within 6 years after the return was filed. Personal holding company tax (f) If a corporation which is a personal holding company for any taxable year fails to file with its return under chapter 1 of the Virgin Islands income tax law for such year a schedule setting forth- (1) the items of gross income, described in section 543(a) of the Virgin Islands income tax law, received by the corporation during such year; and (2) the names and addresses of the individuals who owned, within the meaning of section 544 of the Virgin Islands income tax law (relating to rules for determining stock ownership), at any time during the last half of such year more than 50 percent in value of the outstanding capital stock of the corporation- the personal holding company tax for such year may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time within 6 years after the return for such year was filed. Certain income tax returns of corporations (g) (1) Trusts or partnerships. If a taxpayer determines in good faith that it is a trust or partnership and files a return as such under the Virgin Islands income tax law, and if such taxpayer is thereafter held to be a corporation for the taxable year for which the return is filed, such return shall be deemed the return of the corporation for purposes of this section. (2) Exempt organizations. If a taxpayer determines in good faith that it is an exempt organization and files a return as such under section 733 of this title, and if such taxpayer is thereafter held to be a taxable corporation for the taxable year for which the return is filed, such return shall be deemed the return of the corporation for purposes of this section. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Length of period (a) Where the assessment of any internal revenue tax imposed by this subtitle or the Virgin Islands income tax law has been made within the period of limitation properly applicable thereto, such tax may be collected by levy or by a proceeding in court, but only if the levy is made or the proceeding begun- (1) within 10 years after the assessment of the tax, or (2) prior to the expiration of any period for collection agreed upon in writing by the Director and the taxpayer before the expiration of such 10-year period (or, if there is a release of levy under section 1063 of this title after such 10-year period, then before such release). The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. Date when levy is considered made (b) The date on which a levy on property or rights to property is made shall be the date on which the notice of seizure provided in section 1055(a) of this title is given. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147; Mar. 26, 1997, No. 6132, § 4(c)124, Sess. L. 1997, p. 22.

Issuance of statutory notice of deficiency (a) (1) General rule. The running of the period of limitations provided in section 1161 or 1162 of this subtitle on the making of assessments or the collection by levy or a proceeding in court, shall be suspended for the period during which the Director is prohibited from making the assessment or from collecting by levy or a proceeding in court with respect to any Internal Revenue Tax imposed by this subtitle or the Virgin Islands income tax law and in any event, if a proceeding in respect of the tax liability is placed on the docket of the municipal or district court until the decision of the district court becomes final and for 60 days thereafter. (2) Corporation joining in consolidated income tax return. If a notice under section 942(a) of this title in respect of a deficiency in tax imposed by the Virgin Islands income tax law for any taxable year is mailed to a corporation, the suspension of the running of the period of limitations provided in paragraph (1) of this subsection shall apply in the case of corporations with which such corporation made a consolidated income tax return for such taxable year. Assets of taxpayer in control or custody of court (b) The period of limitations on collection after assessment prescribed in section 1162 of this title shall be suspended for the period the assets of the taxpayer (other than the estate of a decedent or of an incompetent) are in the control or custody of the court in any proceeding before any court of the Virgin Islands or of the United States or of any State, and for 6 months thereafter. Location of property outside the Virgin Islands or removal of property from the Virgin Islands (c) In case collection is hindered or delayed because property of the taxpayer is situated or held outside the Virgin Islands or is removed from the Virgin Islands, the period of limitations on collection after assessment prescribed in section 1162 of this title shall be suspended for the period collection is so hindered or delayed. The total suspension of time under this subsection shall not in the aggregate exceed 6 years. History: Amended July 17, 1972, No. 3260, Sess. L. 1972, p. 192; Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197; Aug. 22 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 148.

Period of limitation on filing claim (a) Claim for credit or refund of an overpayment of any internal revenue tax imposed by this subtitle or the Virgin Islands income tax law in respect of which tax the taxpayer is required to file a return shall be filed by the taxpayer within 3 years from the time the return was required to be filed (determined without regard to any extension of time) or 2 years from the time the tax was paid, whichever of such periods expires the later, or if no return was filed by the taxpayer, within 2 years from the time the tax was paid. Limitation on allowance of credit and refunds (b) (1) Filing of claim within prescribed period. No credit or refund shall be allowed or made after the expiration of the period of limitation prescribed in subsection (a) of this section for the filing of a claim for credit or refund, unless a claim for credit or refund is filed by the taxpayer within such period. (2) Limit on amount of credit or refund. (A) Limit to amount paid within 3 years. If the claim was filed by the taxpayer during the 3-year period prescribed in subsection (a) of this section, the amount of the credit or refund shall not exceed the portion of the tax paid within the 3 years immediately preceding the filing of the claim. (B) Limit to amount paid within 2 years. If the claim was not filed within such 3-year period, the amount of the credit or refund shall not exceed the portion of the tax paid during the 2 years immediately preceding the filing of the claim. (C) Limit if no claim filed. If no claim was filed, the credit or refund shall not exceed the amount which would be allowable under subparagraph (A) or (B), as the case may be, if claim was filed on the date the credit or refund is allowed. Special rules applicable in case of extension of time by agreement (c) If an agreement under the provisions of section 1161(c)(4) of this title extending the period for assessment of an internal revenue tax imposed by this subtitle or the Virgin Islands income tax law is made within the period prescribed in subsection (a) of this section for the filing of a claim for credit or refund- (1) Time for filing claim. The period for filing claim for credit or refund or for making credit or refund if no claim is filed, provided in subsections (a) and (b)(1) of this section, shall not expire prior to 6 months after the expiration of the period within which an assessment may be made pursuant to the agreement or any extension thereof under section 1161(c)(4) of this title. (2) Limit on amount. If a claim is filed, or a credit or refund is allowed when no claim was filed, after the execution of the agreement and within 6 months after the expiration of the period within which an assessment may be made pursuant to the agreement or any extension thereof, the amount of the credit or refund shall not exceed the portion of the tax paid after the execution of the agreement and before the filing of the claim or the making of the credit or refund, as the case may be, plus the portion of the tax paid within the period which would be applicable under subsection (b)(2) of this section if a claim had been filed on the date the agreement was executed. (3) Claims not subject to special rule. This subsection shall not apply in the case of a claim filed, or credit or refund allowed if no claim is filed, either- (A) prior to the execution of the agreement or (B) more than 6 months after the expiration of the period within which an assessment may be made pursuant to the agreement or any extension thereof. Special rules applicable to income taxes (d) (1) Seven-year period of limitation with respect to bad debts and worthless securities. If the claim for credit or refund relates to an overpayment of tax imposed by the Virgin Islands income tax law on account of- (A) the deductibility by the taxpayer, under section 166 or section 832(c) of the Virgin Islands income tax law, of a debt as a debt which became worthless, or, under section 165(g) of the Virgin Islands income tax law, of a loss from worthlessness of a security; or (B) the effect that the deductibility of a debt or loss described in subparagraph (A) has on the application to the taxpayer of a carryover- in lieu of the 3-year period of limitation prescribed in subsection (a) of this section, the period shall be 7 years from the date prescribed by law for filing the return for the year with respect to which the claim is made. If the claim for credit or refund relates to an overpayment on account of the effect that the deductibility of such a debt or loss has on the application to the taxpayer of a carryback, the period shall be either 7 years from the date prescribed by law for filing the return for the year of the net operating loss which results in such carryback or the period prescribed in paragraph (2) of this suparagraph (2)chever expires the later. In the case of a claim described in this paragraph the amount of the credit or refund may exceed the portion of the tax paid within the period prescribed in subsection (b)(2) or (c) of this section, whichever is applicable, to the extent of the amount of the overpayment attributable to the deductibility of items described in this paragraph. (2) Special period of limitation with respect to net operating loss carrybacks. (A) Period of limitation. If the claim for credit or refund relates to an overpayment attributable to a net operating loss carryback, in lieu of the 3-year period of limitation prescribed in subsection (a) of this section, the period shall be that period which ends with the expiration of the 15th day of the 39th month following the end of the taxable year of the net operating loss which results in such carryback, or the period prescribed in subsection (c) of this section in respect of such taxable year, whichever expires later. In the case of such a claim, the amount of the credit or refund may exceed the portion of the tax paid within the period provided in subsection (b)(2) or (c) of this section, whichever is applicable, to the extent of the amount of the overpayment attributable to such carryback. (B) Applicable rules. If the allowance of a credit or refund of an overpayment of tax attributable to a net operating loss carryback is otherwise prevented by the operation of any law or rule of law other than section 1492 of this title, relating to compromises, such credit or refund may be allowed or made, if claim therefor is filed within the period provided in subparagraph (A) of this paragraph. If the allowance of an application, credit, or refund of a decrease in tax determined under section 1131(b) of this title is otherwise prevented by the operation of any law or rule of law other than section 1492 of this title, such application, credit, or refund may be allowed or made if application for a tentative carryback adjustment is made within the period provided in section 1131(a) of this title. In the case of any such claim for credit or refund or any such application for a tentative carryback adjustment, the determination by any court, in any proceeding in which the decision of the court has become final, shall be conclusive except with respect to the net operating loss deduction, and the effect of such deduction, to the extent that such deduction is affected by a carryback which was not in issue in such proceeding. (3) Special rules relating to foreign tax credit. (A) Special period of limitation with respect to foreign taxes paid or accrued. If the claim for credit or refund relates to an overpayment attributable to any taxes paid or accrued to any foreign country for which credit is allowed against the tax imposed by the Virgin Islands income tax law in accordance with the provisions of section 901 of the Virgin Islands income tax law or the provisions of any treaty to which the United States is a party, in lieu of the 3-year period of limitation prescribed in subsection (a) of this section, the period shall be 10 years from the date prescribed by law for filing the return for the year with respect to which the claim is made. (B) Exception in the case of foreign taxes paid or accrued. In the case of a claim described in subparagraph (A), the amount of the credit or refund may exceed the portion of the tax paid within the period provided in subsection (b) or (c) of this section, whichever is applicable, to the extent of the amount of the overpayment attributable to the allowance of a credit for the taxes described in subparagraph (A).

Effect of petition to district court (a) If the Director has mailed to the taxpayer a notice of deficiency under section 942(a) of this title (relating to deficiencies of income taxes) and if the taxpayer files a petition with the district court within the time prescribed in section 943(a) of this title, no credit or refund of income tax for the same taxable year, in respect of which the Director has determined the deficiency shall be allowed or made and no action by the taxpayer for the recovery of any part of the tax shall be instituted in any court except- (1) as to overpayment determined by a decision of the district court which has become final; (2) as to any amount collected in excess of an amount computed in accordance with the decision of the district court which has become final; and (3) as to any amount collected after the period of limitation upon the making of levy or beginning a proceeding in court for collection has expired; but in any such claim for credit or refund or in any such action for refund the decision of the district court which has become final, as to whether such period has expired before the notice of deficiency was mailed, shall be conclusive. Overpayment determined by district court (b) Jurisdiction to determine. (1) If the district court finds that there is no deficiency and further finds that the taxpayer has made an overpayment of income tax for the same taxable year, in respect of which the Director determined the deficiency, or finds that there is a deficiency but that the taxpayer has made an overpayment of such tax, the district court shall have jurisdiction to determine the amount of such overpayment, and such amount shall, when the decision of the district court has become final, be credited or refunded to the taxpayer. (2) Limit on amount of credit or refund. No such credit or refund shall be allowed or made of any portion of the tax unless the district court determines as part of its decision that such portion was paid- (A) after the mailing of the notice of deficiency, or (B) within the period which would be applicable under section 1181 (b)(2), (c), or (d) of this title, if on the date of the mailing of the notice of deficiency a claim had been filed (whether or not filed) stating the ground upon which the district court finds that there is an overpayment. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

For purposes of section 1181 of this title, any return filed before the last day prescribed for the filing thereof shall be considered as filed on such last day. For purposes of section 1181(b)(2) and (c) and section 1182 of this title, payment of any portion of the tax made before the last day prescribed for the payment of the tax shall be considered made on such last day. For purposes of this section, the last day prescribed for filing the return or paying the tax shall be determined without regard to any extension of time granted the taxpayer and without regard to any election to pay the tax in installments.

Credits or refunds after period of limitation (a) A refund of any portion of an internal revenue tax shall be considered erroneous and a credit of any such portion shall be considered void- (1) Expiration of period for filing claim. If made after the expiration of the period of limitation for filing claim therefor, unless within such period claim was filed; or (2) Disallowance of claim and expiration of period for filing action. In the case of a claim filed within the proper time and disallowed by the Director, if the credit or refund was made after the expiration of the period of limitation for filing an action unless within such period an action was begun by the taxpayer. Credit after period of limitation (b) Any credit against a liability in respect of any taxable year shall be void if any payment in respect of such liability would be considered an overpayment under section 1101(a) of this title. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

No person shall be prosecuted, tried, or punished for any of the various offenses arising under the internal revenue laws unless the action is commenced within 3 years next after the commission of the offense, except that the period of limitation shall be 6 years- (1) for offenses involving the defrauding or attempting to defraud the Virgin Islands or any agency thereof, whether by conspiracy or not, and in any manner; (2) for the offense of willfully attempting in any manner to evade or defeat any tax or the payment thereof; (3) for the offense of willfully aiding or assisting in, or procuring, counseling, or advising, the preparation or presentation under, or in connection with any matter arising under, the internal revenue laws, of a false or fraudulent return, affidavit, claim, or document (whether or not such falsity or fraud is with the knowledge or consent of the person authorized or required to present such return, affidavit, claim, or document); (4) for the offense of willfully failing to pay any tax, or make any return (other than a return required under authority of subchapter III of chapter 21 of this title) at the time or times required by law or regulations; (5) for offenses described in sections 1525(1) and 1526 of this title (relating to false statements and fraudulent documents); (6) for the offense described in section 1531(a) of this title (relating to intimidation of officers and employees of the Virgin Islands); (7) for offenses described in section 1533 of this title committed by officers and employees of the Virgin Islands; and (8) for offenses arising under section 1522 of this title. The time during which the person committing any of the various offenses arising under the internal revenue laws is outside the Virgin Islands or is a fugitive from justice, shall not be taken as any part of the time limited by law for the commencement of such proceedings. For the purpose of determining the periods of limitation on criminal prosecutions, the rules of section 1183 of this title shall apply.

Actions by taxpayers for refund (a) (1) General rule. No action or proceeding under section 1692(a) of this title for the recovery of any internal revenue tax, penalty, or other sum, shall be begun before the expiration of 6 months from the date of filing the claim required under such section unless the Director renders a decision thereon within that time, nor after the expiration of 2 years from the date of mailing by registered mail by the Director to the taxpayer of a notice of the disallowance of the part of the claim to which the suit or proceeding relates. (2) Extension of time. The 2-year period prescribed in paragraph (1) shall be eparagraph (1)uch period as may be agreed upon in writing between the taxpayer and the Director. (3) Waiver of notice of disallowance. If any person files a written waiver of the requirement that he be mailed a notice of disallowance, the 2-year period prescribed in paragraph (1paragraph (1) on the date such waiver is filed. (4) Reconsideration after mailing of notice. Any consideration, reconsideration, or action by the Director with respect to such claim following the mailing of a notice by registered mail of disallowance shall not operate to extend the period within which suit may be begun. Suits by the Virgin Islands for recovery of erroneous refunds (b) Recovery of an erroneous refund by suit under section 1664 of this title shall be allowed only if such suit is begun within 2 years after the making of such refund, except that such suit may be brought at any time within 5 years from the making of the refund if it appears that any part of the refund was induced by fraud or misrepresentation of a material fact. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

For Payment, of Tax General rule (a) If any amount of tax imposed by the internal revenue laws of the Virgin Islands (whether required to be shown on a return, or to be paid by stamp or by some other method) is not paid on or before the last date prescribed for payment, interest on such amount at the rate of 12 percent per annum shall be paid for the period from such last date to the date paid. Last date prescribed for payment (b) For purposes of this section, the last date prescribed for payment of the tax shall be determined under chapter 23 of this title with the application of the following rules- (1) Extensions of time disregarded. The last date prescribed for payment shall be determined without regard to any extension of time for payment. (2) Installment payments. In the case of an election under section 862(a) of this title to pay the tax in installments- (A) the date prescribed for payment of each installment of the tax shown on the return shall be determined under section 862(b) of this title; and (B) the last date prescribed for payment of the first installment shall be deemed the last date prescribed for payment of any portion of the tax not shown on the return. (3) Jeopardy. The last date prescribed for payment shall be determined without regard to any notice and demand for payment issued, by reason of jeopardy (as provided in chapter 37 ochapter 37le), prior to the last date otherwise prescribed for such payment. (4) Last date for payment not otherwise prescribed. In the case of taxes payable by stamp and in all other cases in which the last date for payment is not otherwise prescribed, the last date for payment shall be deemed to be the date the liability for tax arises (and in no event shall be later than the date notice and demand for the tax is made by the Director). Suspension of interest in certain income tax cases (c) In the case of a deficiency as defined in section 941 of this title (relating to income taxes), if a waiver of restrictions under section 943(d) of this title on the assessment of such deficiency has been filed, and if notice and demand by the Director for payment of such deficiency is not made within 30 days after the filing of such waiver, interest shall not be imposed on such deficiency for the period beginning immediately after such 30th day and ending with the date of notice and demand. Income tax reduced by carryback (d) If the amount of any tax imposed by the Virgin Islands income tax law is reduced by reason of a carryback of a net operating loss, such reduction in tax shall not affect the computation of interest under this section for the period ending with the last day of the taxable year in which the net operating loss arises. Applicable rules (e) Except as otherwise provided in this subtitle or the Virgin Islands income tax law- (1) Interest treated as tax. Interest prescribed under this section on any tax shall be paid upon notice and demand, and shall be assessed, collected, and paid in the same manner as taxes. Any reference in this subtitle or the Virgin Islands income tax law (except subchapter II of chapter 25 of this title, relating tchapter 25ficiency procedures) to any internal revenue tax shall be deemed also to refer to interest imposed by this section on such tax. (2) No interest on interest. No interest under this section shall be imposed on the interest provided by this section. (3) Interest on penalties, additional amounts, or additions to the tax. Interest shall be imposed under subsection (a) of this section in respect of any assessable penalty, additional amount, or addition to the tax only if such assessable penalty, additional amount, or addition to the tax is not paid within 10 days from the date of notice and demand therefor, and in such case interest shall be imposed only for the period from the date of the notice and demand to the date of payment. (4) Payments made within 10 days after notice and demand. If notice and demand is made for payment of any amount, and if such amount is paid within 10 days after the date of such notice and demand, interest under this section on the amount so paid shall not be imposed for the period after the date of such notice and demand. History: Amended Mar. 7, 1980, No. 4417, § 1, Sess. L. 1980, p. 29; Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Any portion of an internal revenue tax (or any interest, assessable penalty, additional amount, or addition to tax) which has been erroneously refunded, and which is recoverable by suit pursuant to section 1664 of this title, shall bear interest at the rate of 6 percent per annum from the date of the payment of the refund.

Rate (a) Interest shall be allowed and paid upon any overpayment in respect of any internal revenue tax at the rate of 12 percent per annum. Period (b) Such interest shall be allowed and paid as follows- (1) Credits. In the case of a credit, from the date of the overpayment to the due date of the amount against which the credit is taken, but if the amount against which the credit is taken is an additional assessment, then to the date of the assessment of that amount. (2) Refunds. In the case of a refund, from the date of the overpayment to a date (to be determined by the Director) preceding the date of the refund check by not more than 30 days, whether or not such refund check is accepted by the taxpayer after tender of such check to the taxpayer. The acceptance of such check shall be without prejudice to any right of the taxpayer to claim any additional overpayment and interest thereon. (3) No interest shall be allowed or paid upon any overpayment claimed as a credit under the provisions of section 42d, Title 33, Virgin Islands Code, for excise taxes paid on articles, goods, merchandise, and commodities exported from the Virgin Islands. Additional assessment defined (c) As used in this section, the term "additional assessment" means a further assessment for a tax of the same character previously paid in part, and includes the assessment of a deficiency (as defined in section 941 of this title). Advance payment of tax (d) The provisions of section 1183 of this title applicable in determining the date of payment of tax for purposes of determining the period of limitation on credit or refund, shall be applicable in determining the date of payment for purposes of subsection (a) of this section. Income tax refund within 45 days of due date of tax (e) If any overpayment of tax imposed by the Virgin Islands income tax law is refunded within 45 days after the last date prescribed for filing the return of such tax (determined without regard to any extension of time for filing the return), no interest shall be allowed under subsection (b) of this title on such overpayment. Refund of income tax caused by carryback (f) For purposes of subsection (a) of this section, if any overpayment of tax imposed by the Virgin Islands income tax law results from a carryback of a net operating loss, such overpayment shall be deemed not to have been made prior to the close of the taxable year in which such net operating loss arises. History: Amended Oct. 8, 1979, No. 4359, § 5(c), Sess. L. 1979, p. 152; Mar. 7, 1980, No. 4417, § 2, Sess. L. 1980, p. 30; Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147; Apr. 2, 1981, No. 4536, § 7(b), Sess. L. 1981, p. 24.

Addition to the tax (a) In case of failure to file any return required under authority of chapter 21 of this title (other than subchapter III thereof), of chapter 1 of this title (relating to inheritance taxes), of chapter 3 of this title (relating to certain excise taxes and gross receipts tax), or of chapter 5 of this title (relating to gasoline taxes), on the date prescribed therefor (determined with regard to any extension of time for filing), unless it is shown that such failure is due to reasonable cause and not due to willful neglect, there shall be added to the amount required to be shown as tax on such return 5 percent of the amount of such tax if the failure is for not more than 1 month, with an additional 5 percent for each additional month or fraction thereof during which such failure continues, not exceeding 25 percent in the aggregate. Penalty imposed on net amount due (b) For purposes of subsection (a) of this section the amount of tax required to be shown on the return shall be reduced by the amount of any part of the tax which is paid on or before the date prescribed for payment of the tax and by the amount of any credit against the tax which may be claimed upon the return.

In case of each failure to file a statement of a payment to another person, required under authority of section 741 of this title (relating to information at source), section 742 of this title (relating to payments of corporate dividends), section 744 of this title (relating to patronage dividends), or section 745 of this title (relating to returns of brokers), unless it is shown that such failure is due to reasonable cause and not to willful neglect, there shall be paid by the person failing to file the statement, upon notice and demand by the Director and in the same manner as tax, $1 for each such statement not filed, but the total amount imposed on the delinquent person for all such failures during any calendar year shall not exceed $1,000. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Negligence or intentional disregard of rules and regulations with respect to income taxes (a) If any part of any underpayment (as defined in subsection (c)(1) of this section) of any tax imposed by the Virgin Islands income tax law is due to negligence or intentional disregard of rules and regulations (but without intent to defraud), there shall be added to the tax an amount equal to 5 percent of the underpayment. Fraud (b) If any part of any underpayment (as defined in subsection (c) of this section) of tax required to be shown on a return is due to fraud, there shall be added to the tax an amount equal to 50 percent of the underpayment. In the case of income taxes, this amount shall be in lieu of any amount determined under subsection (a) of this section. Definition of underpayment (c) For purposes of this section, the term "underpayment" means- (1) Income taxes. In the case of a tax to which section 941 of this title (relating to income taxes) is applicable, a deficiency as defined in that section (except that, for this purpose, the tax shown on a return referred to in section 941(a)(1)(A) of this title shall be taken into account only if such return was filed before the last day prescribed for the filing of such return, determined with regard to any extension of time for such filing); and (2) Other taxes. In the case of any tax imposed by this subtitle, the amount by which such tax exceeds the excess of- (A) the sum of- (i) the amount shown as the tax by the taxpayer upon his return (determined without regard to any credit for an overpayment of any prior period) if a return was made by the taxpayer within the time prescribed for filing such return (determined with regard to any extension of time for such filing) and an amount was shown as the tax by the taxpayer thereon, plus, (ii) any amount, not shown on the return, paid in respect of such tax, over- (B) the amount of rebates made. For purposes of subparagraph (B), the term "rebate" means so much of an abatement, credit, refund, or other repayment, as was made on the ground that the tax imposed was less than the excess of the amount specified in subparagraph (A) over the rebates previously made. No delinquency penalty if fraud assessed (d) If any penalty is assessed under subsection (b) of this section (relating to fraud) for an underpayment of tax which is required to be shown on a return, no penalty under section 1281 of this title (relating to failure to file such a return) shall be assessed with respect to the same underpayment. Failure to pay stamp tax (e) Any person (as defined in section 1931(11) of this title) who willfully fails to pay any tax imposed by this subtitle which is payable by stamps, coupons, tickets, books, or other devices or methods prescribed by this subtitle or by regulations under authority of this subtitle, or willfully attempts in any manner to evade or defeat any such tax or the payment thereof, shall, in addition to other penalties provided by law, be liable to a penalty of 50 percent of the total amount of the underpayment of the tax.

Penalty (a) In case of failure by any person required by this subtitle or the Virgin Islands income tax law or by regulation of the Director under this subtitle or the Virgin Islands income tax law to deposit on the date prescribed therefor any amount of tax imposed by this subtitle or the Virgin Islands income tax law in such government depository as is authorized under section 992(c) of this title to receive such deposit, unless it is shown that such failure is due to reasonable cause and not due to willful neglect, there shall be imposed upon such person a penalty of 1 percent of the amount of the underpayment if the failure is for not more than 1 month, with an additional 1 percent for each additional month or fraction thereof during which such failure continues, not exceeding 6 percent in the aggregate. For purposes of this subsection, the term "underpayment" means the excess of the amount of the tax required to be so deposited over the amount, if any, thereof deposited on or before the date prescribed therefor. Penalty not imposed after due date for return (b) For purposes of subsection (a) of this section, the failure shall be deemed not to continue beyond the last date (determined without regard to any extension of time) prescribed for payment of the tax required to be deposited or beyond the date the tax is paid, whichever is earlier. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

If any check or money order in payment of any amount receivable under this title or the Virgin Islands income tax law is not duly paid, in addition to any other penalties provided by law, there shall be paid as a penalty by the person who tendered such check, upon notice and demand by the Director, in the same manner as tax, an amount equal to 1 percent of the amount of such check, except that if the amount of such check is less than $500, the penalty under this section shall be $5 or the amount of such check, whichever is the lesser. This section shall not apply if the person tendered such check in good faith and with reasonable cause to believe that it would be duly paid. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

If a taxpayer violates or attempts to violate section 1351 of this title (relating to termination of taxable year) there shall, in addition to all other penalties, be added as part of the tax 25 percent of the total amount of the tax or deficiency in the tax.

Additions treated as tax (a) Except as otherwise provided in this subtitle or the Virgin Islands income tax law- (1) the additions to the tax, additional amounts, and penalties provided by this chapter shall be paid upon notice and demand and shall be assessed, collected, and paid in the same manner as taxes; (2) any reference in this subtitle or the Virgin Islands income tax law to "tax" imposed by this subtitle or the Virgin Islands income tax law shall be deemed also to refer to the additions to the tax, additional amounts, and penalties provided by this chapter. Additions to tax for failure to file return or pay tax (b) Any addition under section 1281 or 1283 of this title to a tax imposed by the internal revenue laws of the Virgin Islands shall be considered a part of such tax for the purpose of applying the provisions of this Part relating to the assessment and collection of such tax (including the provisions of subchapter II of chapter 25 of this title, relating to deficiency procedures for income taxes).

Penalty assessed as tax (a) The penalties and liabilities provided by this subchapter shall be paid upon notice and demand by the Director and shall be assessed and collected in the same manner as taxes. Except as otherwise provided, any reference in this subtitle or the Virgin Islands income tax law to "tax" imposed by this subtitle or the Virgin Islands income tax law shall be deemed also to refer to the penalties and liabilities provided by this subchapter. Person defined (b) The term "person", as used in this subchapter, includes an officer or employee of a corporation, or a member or employee of a partnership, who as such officer, employee, or member is under a duty to perform the act in respect of which the violation occurs. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Tax Any person required to collect, truthfully account for, and pay over any tax imposed by this subtitle or the Virgin Islands income tax law who willfully fails to collect such tax, or truthfully account for and pay over such tax, or willfully attempts in any manner to evade or defeat any such tax or the payment thereof, shall, in addition to other penalties provided by law, be liable to a penalty equal to the total amount of the tax evaded, or not collected, or not accounted for and paid over. No penalty shall be imposed under section 1283 of this title for any offense to which this section is applicable.

District Court Merely For Delay Whenever it appears to the district court that proceedings before it have been instituted by the taxpayer merely for delay, damages in an amount not in excess of $500 shall be awarded to the Virgin Islands by the district court in its decision. Damages so awarded shall be assessed at the same time as the deficiency and shall be paid upon notice and demand from the Director and shall be collected as a part of the tax. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Income tax in jeopardy (a) (1) In general. If the Director finds that a taxpayer designs quickly to depart from the Virgin Islands or to remove his property therefrom, or to conceal himself or his property therein, or to do any other act tending to prejudice or to render wholly or partly ineffectual proceedings to collect the income tax for the current or the preceding taxable year unless such proceedings be brought without delay, the Director shall declare the taxable period for such taxpayer immediately terminated, and shall cause notice of such finding and declaration to be given the taxpayer, together with a demand for immediate payment of the tax for the taxable period so declared terminated and of the tax for the preceding taxable year or so much of such tax as is unpaid, whether or not the time otherwise allowed by law for filing return and paying the tax has expired; and such taxes shall thereupon become immediately due and payable. In any proceeding in court brought to enforce payment of taxes made due and payable by virtue of the provisions of this section, the finding of the Director, made as herein provided, whether made after notice to the taxpayer or not, shall be for all purposes presumptive evidence of jeopardy. (2) Corporation in liquidation. If the Director finds that the collection of the income tax of a corporation for the current or the preceding taxable year will be jeopardized by the distribution of all or a portion of the assets of such corporation in the liquidation of the whole or any part of its capital stock, the Director shall declare the taxable period for such taxpayer immediately terminated and shall cause notice of such finding and declaration to be given the taxpayer, together with a demand for immediate payment of the tax for the taxable period so declared terminated and of the tax for the preceding taxable year or so much of such tax as is unpaid, whether or not the time otherwise allowed by law for filing return and paying the tax has expired; and such taxes shall thereupon become immediately due and payable. Reopening of taxable period (b) Notwithstanding the termination of the taxable period of the taxpayer by the Director, as provided in subsection (a) of this section, the Director may reopen such taxable period each time the taxpayer is found by the Director to have received income, within the current taxable year, since a termination of the period under subsection (a) of this section. A taxable period so terminated by the Director may be reopened by the taxpayer (other than a nonresident alien) if he files with the Director a true and accurate return of the items of gross income and of the deductions and credits allowed under the Virgin Islands income tax law for such taxable period, together with such other information as the Director may be regulations prescribe. If the taxpayer is a nonresident alien the taxable period so terminated may be reopened by him if he files, or causes to be filed, with the Director a true and accurate return of his total income derived from all sources within the Virgin Islands, in the manner prescribed in the Virgin Islands income tax law. Waiver with respect to U.S. citizens who are Virgin Islands inhabitants (c) In the case of a citizen of the United States who is an inhabitant of the Virgin Islands about to depart from the Virgin Islands, the Director may, at his discretion, waive any or all of the requirements placed on the taxpayer by this section. Departure of alien or non-inhabitant (d) No alien or non-inhabitant of the Virgin Islands shall depart from the Virgin Islands unless he first procures from the Director a certificate that he has complied with all the obligations imposed upon him by the Virgin Islands income tax law. Furnishing bond where taxable year is closed by the Director (e) Payment of taxes shall not be enforced by any proceedings under the provisions of this section prior to the expiration of the time otherwise allowed for paying such taxes if the taxpayer furnishes, under regulations prescribed by the Director, a bond to insure the timely making of returns with respect to, and payment of, such taxes or any income taxes for prior years. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Authority for making (a) If the Director believes that the assessment or collection of a deficiency, as defined in section 941 of this title, will be jeopardized by delay, he shall, notwithstanding the provisions of section 943(a) of this title, immediately assess such deficiency (together with all interest, additional amounts, and additions to the tax provided for by law), and notice and demand shall be made by the Director for the payment thereof. Deficiency letters (b) If the jeopardy assessment is made before any notice in respect of the tax to which the jeopardy assessment relates has been mailed under section 942(a), then the Director shall mail a notice under such subsection within 60 days after the making of the assessment. Amount assessable before decision of the district court (c) The jeopardy assessment may be made in respect of a deficiency greater or less than that notice of which has been mailed to the taxpayer, despite the provisions of section 942(c) of this title prohibiting the determination of additional deficiencies, and whether or not the taxpayer has theretofore filed a petition with the district court. The Director may, at any time before the decision of the district court is rendered, abate such assessment, or any unpaid portion thereof, to the extent that he believes the assessment to be excessive in amount. The Director shall notify the district court of the amount of such assessment, or abatement, if the petition is filed with the district court before the making of the assessment or is subsequently filed, and the district court shall have jurisdiction to redetermine the entire amount of the deficiency and of all amounts assessed at the same time in connection therewith. Amount assessable after decision of the district court (d) If the jeopardy assessment is made after the decision of the district court is rendered, such assessment may be made only in respect of the deficiency determined by the district court in its decision. Expiration of right to assess (e) A jeopardy assessment may not be made after the decision of the district court has become final or after the taxpayer has filed a petition for review of the decision of the district court. Collection of unpaid amounts (f) When the petition has been filed with the district court and when the amount which should have been assessed has been determined by a decision of the district court which has become final, then any unpaid portion, the collection of which has been stayed by bond as provided in section 1363(b) of this title shall be collected as part of the tax upon notice and demand from the Director, and any remaining portion of the assessment shall be abated. If the amount already collected exceeds the amount determined as the amount which should have been assessed, such excess shall be credited or refunded to the taxpayer as provided in section 1102 of this title, without the filing of claim therefor. If the amount determined as the amount which should have been assessed, such excess shall be credited or refunded to the taxpayer as provided in section 1102 of this title, without the filing of claim therefor. If the amount determined as the amount which should have been assessed is greater than the amount actually assessed, then the difference shall be assessed and shall be collected as part of the tax upon notice and demand from the Director. Abatement if jeopardy does not exist (g) The Director may abate the jeopardy assessment if he finds that jeopardy does not exist. Such abatement may not be made after a decision of the district court in respect of the deficiency has been rendered, or, if no petition is filed with the district court, after the expiration of the period for filing such petition. The period of limitation on the making of assessments and levy or a proceeding in court for collection, in respect of any deficiency, shall be determined as if the jeopardy assessment so abated had not been made, except that the running of such period shall in any event be suspended for the period from the date of such jeopardy assessment until the expiration of the 10th day after the day on which such jeopardy assessment is abated. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

If the Director believes that the collection of any tax (other than income tax) under any provision of the internal revenue laws will be jeopardized by delay, he shall, whether or not the time otherwise prescribed by law for making return and paying such tax has expired, immediately assess such tax (together with all interest, additional amounts, and addition to the tax provided for by law.) Such tax, additions to the tax, and interest shall thereupon become immediately due and payable, and immediate notice and demand shall be made by the Director for the payment thereof. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Bond to stay collection (a) When a jeopardy assessment has been made under section 1361 or 1362 of this title, the collection of the whole or any amount of such assessment may be stayed by filing with the Director, within such time as may be fixed by regulations prescribed by the Director, a bond in an amount equal to the amount as to which the stay is desired, conditioned upon the payment of the amount (together with interest thereon) the collection of which is stayed, at the time at which, but for the making of the jeopardy assessment, such amount would be due. Upon the filing of the bond the collection of so much of the amount assessed as is covered by the bond shall be stayed. The taxpayer shall have the right to waive such stay at any time in respect of the whole or any part of the amount covered by the bond, and if as a result of such waiver any part of the amount covered by the bond is paid, then the bond shall, at the request of the taxpayer, be proportionately reduced. If any portion of the jeopardy assessment is abated, the bond shall, at the request of the taxpayer, be proportionately reduced. Further conditions in case of income taxes (b) In the case of taxes subject to the jurisdiction of the district court- (1) Prior to petition to the district court. If the bond is given before the taxpayer has filed his petition under section 943(a) of this title, the bond shall contain a further condition that if a petition is not filed within the period provided in such section, then the amount, the collection of which is stayed by the bond, will be paid on notice and demand at any time after the expiration of such period, together with interest thereon from the date of the jeopardy notice and demand to the date of notice and demand under this paragraph. (2) Effect of district court decision. The bond shall be conditioned upon the payment of so much of such assessment (collection of which is stayed by the bond) as is not abated by a decision of the district court which has become final. If the district court determines that the amount assessed is greater than the amount which should have been assessed, then when the decision of the district court is rendered the bond shall, at the request of the taxpayer, be proportionately reduced. (3) Stay of sale or seized property pending district court decision. (A) General rule. Where, notwithstanding the provisions of section 943(a) of his title, a jeopardy assessment has been made under section 1361 of this title the property seized for the collection of the tax shall not be sold- (i) if section 1361(b) of this title is applicable, prior to the issuance of the notice of deficiency and the expiration of the time provided in section 943(a) of this title for filing petition with the district court, and (ii) if petition is filed with the district court (whether before or after the making of such jeopardy assessment under section 1361 of this title), prior to the expiration of the period during which the assessment of the deficiency would be prohibited if section 1361(a) of this title were not applicable. (B) Exceptions. Such property may be sold if- (i) the taxpayer consents to the sale, (ii) the Director determines that the expenses of conservation and maintenance will greatly reduce the net proceeds, or (iii) the property is of the type described in section 1056 of this title. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Proceedings Immediate assessment (a) Upon the adjudication of bankruptcy of any taxpayer in any bankruptcy proceeding or the appointment of a receiver for any taxpayer in any receivership proceeding, any deficiency (together with all interest, additional amounts, or additions to the tax provided by law) determined by the Director in respect of a tax imposed by the Virgin Islands income tax law upon such taxpayer shall, despite the restrictions imposed by section 943(a) of this title upon assessments, be immediately assessed if such deficiency has not theretofore been assessed in accordance with law. Claim filed despite pendency of district court proceedings (b) In the case of a tax imposed by the Virgin Islands income tax law claims for the deficiency and such interest, additional amounts, and additions to the tax may be presented, for adjudication in accordance with law, to the court before which the bankruptcy or receivership proceeding is pending, despite the pendency of proceedings for the redetermination of the deficiency in pursuance of a petition to the district court; but no petition for any such redetermination shall be filed with the district court after the adjudication of bankruptcy, approval of the petition in any other bankruptcy proceeding, or the appointment of the receiver. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

If the regulations issued pursuant to section 736 of this title require the giving of notice by any fiduciary in any bankruptcy proceeding or by a receiver in any other court proceeding, to the Director of his qualification as such, the running of the period of limitations on the making of assessments shall be suspended for the period from the date of the institution of the proceeding to a date 30 days after the date upon which the notice from the receiver or other fiduciary is received by the Director; but the suspension under this sentence shall in no case be for a period in excess of 2 years. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Any portion of a claim for taxes allowed in any bankruptcy or receivership proceeding which is unpaid shall be paid by the taxpayer upon notice and demand from the Director after the termination of such proceeding. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Method of collection (a) The amounts of the following liabilities shall, except as hereinafter in this section provided, be assessed, paid and collected in the same manner and subject to the same provisions and limitations as in the case of the taxes with respect to which the liabilities were incurred- (1) Income taxes. (A) Transferees. The liabilities, at law and in equity, of a transferee of property in respect of a tax imposed by the Virgin Islands income tax law; (B) Fiduciaries. The liability of a fiduciary under section 716(b)(6) of this title in respect of the payment of the tax imposed by the Virgin Islands income tax law on the person or estate represented by him. (2) Other taxes. The liability, at law or in equity, of a transferee of property of any person liable in any respect of any tax imposed by this subtitle, but only if such liability arises on the liquidation of a partnership or corporation, or on a reorganization within the meaning of section 368(a) of the Virgin Islands income tax law. Liability (b) Any liability referred to in subsection (a) of this section may be either as to the amount of tax shown on a return or as to any deficiency or underpayment of any tax. Period of limitations (c) The period of limitations for assessment of any such liability of a transferee or a fiduciary shall be as follows- (1) Initial. In the case of the liability of an initial transferee, within 1 year after the expiration of the period of limitation for assessment against the transferor- (2) Transferee of transferee. In the case of the liability of a transferee of a transferee, within 1 year after the expiration of the period of limitation for assessment against the preceding transferee, but not more than 3 years after the expiration of the period of limitation for assessment against the initial transferor- except that if, before the expiration of the period of limitation for the assessment of the liability of the transferee, a court proceeding for the collection of the tax or liability in respect thereof has been begun against the initial transferor or the last preceding transferee, respectively, then the period of limitation for assessment of the liability of the transferee shall expire 1 year after the return of execution in the court proceeding. (3) Fiduciary. In the case of the liability of a fiduciary, not later than 1 year after the liability arises or not later than the expiration of the period for collection of the tax in respect of which such liability arises, whichever is later. Extension by agreement (d) (1) Extension of time for assessment. If before the expiration of the time prescribed in subsection (c) of this section for the assessment of the liability, the Director and the transferee or fiduciary have both consented in writing to its assessment after such time, the liability may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. For the purpose of determining the period of limitation on credit or refund to the transferee or fiduciary of overpayments of tax made by such transferee or fiduciary or overpayments of tax made by the transferor of which the transferee or fiduciary is legally entitled to credit or refund, such agreement and any extension thereof shall be deemed an agreement and extension thereof referred to in section 1181(c) of this title. (2) Extension of time for credit or refund. If the agreement is executed after the expiration of the period of limitation for assessment against the taxpayer with reference to whom the liability of such transferee or fiduciary arises, then in applying the limitations under section 1181(c) of this title on the amount of the credit or refund, the periods specified in section 1181(b)(2) of this title shall be increased by the period from the date of such expiration to the date of the agreement. Period for assessment against transferor (e) For purposes of this section, if any person is deceased, or is a corporation which has terminated its existence, the period of limitation for assessment against such person shall be the period that would be in effect had death or termination of existence not occurred. Suspension of running of period of limitations (f) The running of the period of limitations upon the assessment of the liability of a transferee or fiduciary shall, after the mailing to the transferee or fiduciary of the notice provided for in section 942 of this title (relating to income taxes), be suspended for the period during which the Director is prohibited from making the assessment in respect of the liability of the transferee or fiduciary (and in any event, if a proceeding in respect of the liability is placed on the docket of the district court, until the decision of the district court becomes final), and for 60 days thereafter. Address for notice of liability (g) In the absence of notice to the Director under section 1423 of this title of the existence of a fiduciary relationship, any notice of liability enforceable under this section required to be mailed to such person, shall, if mailed to the person subject to the liability at his last known address, be sufficient for purpose of this subtitle and the Virgin Islands income tax law, even if such person is deceased, or is under a legal disability, or, in the case of a corporation, has terminated its existence. Definition of transferee (h) As used in this section the term "transferee" includes donee, heir, legatee, devisee, and distributee. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Burden of proof (a) In proceedings before the district court the burden of proof shall be upon the Director to show that a petitioner is liable as a transferee of property of a taxpayer, but not to show that the taxpayer was liable for the tax. Evidence (b) Upon application to the district court, a transferee of property of a taxpayer shall be entitled, under rules prescribed by the district court, to a preliminary examination of books, papers, documents, correspondence, and other evidence of the taxpayer or a preceding transferee of the taxpayer's property, if the transferee making the application is a petitioner before the district court for the redetermination of his liability in respect of the tax (including interest, additional amounts, and additions to the tax provided by law) imposed upon the taxpayer. Upon such application, the district court may require by subpoena, ordered by the district court and signed by a judge, the production of all such books, papers, documents, correspondence, and other evidence within the Virgin Islands the production of which, in the opinion of the district court, is necessary to enable the transferee to ascertain the liability of the taxpayer or preceding transferee and will not result in undue hardship to the taxpayer or preceding transferee. Such examination shall be had at such time and place as may be designated in the subpoena. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Rights and obligations of fiduciary (a) Upon notice to the Director that any person is acting for another person in a fiduciary capacity, such fiduciary shall assume the powers, rights, duties, and privileges of such other person in respect of any internal revenue tax imposed by this subtitle or the Virgin Islands income tax law (except as otherwise specifically provided and except that the tax shall be collected from the estate of such other person), until notice is given that the fiduciary capacity has terminated. Manner of notice (b) Notice under this section shall be given in accordance with regulations prescribed by the Director. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Whenever pursuant to the provisions of the internal revenue laws of the Virgin Islands (other than section 1784 of this title) or the rules and regulations prescribed thereunder, a person is required to furnish a bond or security, such bond or security shall be in such form and with such surety or sureties as may be prescribed by regulations issued by the Director. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

In any case in which two or more bonds are required or authorized, the Director may provide for the acceptance of a single bond complying with the requirements for which the several bonds are required or authorized. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Authorization (a) The Director may enter into an agreement in writing with any person relating to the liability of such person (or of the person or estate for whom he acts) in respect of any internal revenue tax for any taxable period. Finality (b) If such agreement is approved by the Director (within such time as may be stated in such agreement, or later agreed to) such agreement shall be final and conclusive, and, except upon a showing of fraud or malfeasance, or misrepresentation of a material fact- (1) the case shall not be reopened as to the matters agreed upon or the agreement modified by any officer, employee, or agent of the Virgin Islands; and (2) in any action or proceeding, such agreement, or any determination, assessment, collection, payment, abatement, refund or credit made in accordance therewith, shall not be annulled, modified, set aside or disregarded. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Authorization (a) The Director may compromise any civil or criminal case arising under the internal revenue laws of the Virgin Islands prior to reference to the United States attorney for prosecution or defense; and the United States attorney or his delegate may compromise any such case after reference to him for prosecution or defense. Record (b) Whenever a compromise is made by the Director in any case, there shall be placed on file in the office of the Director the opinion of the United States attorney or his delegate, with his reasons therefor, with a statement of- (1) the amount of tax assessed; (2) the amount of interest, additional amount, addition to the tax, or assessable penalty, imposed by law on the person against whom the tax is assessed; and (3) the amount actually paid in accordance with the terms of the compromise. Notwithstanding the foregoing provisions of this subsection, no such opinion shall be required with respect to the compromise of any civil case in which the unpaid amount of tax assessed (including any interest, additional amount, addition to the tax, or assessable penalty) is less than $100. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Whoever willfully attempts in any manner to evade or defeat any tax imposed by this subtitle or the Virgin Islands income tax law or the payment thereof shall, in addition to other penalties provided by law, be fined not more than $10,000 or imprisoned not more than 5 years, or both, together with the costs of prosecution.

If two or more persons conspire to evade or defeat any tax imposed by this subtitle or by the Virgin Islands income tax law, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined not more than $10,000 or imprisoned not more than 5 years, or both.

Whoever, being required by this subtitle or the Virgin Islands income tax law to collect, account for, and pay over any tax imposed by this subtitle or the Virgin Islands income tax law, willfully fails to collect or truthfully account for and pay over such tax, shall, in addition to other penalties provided by law, be fined not more than $10,000 or imprisoned not more than 5 years, or both, together with the costs of prosecution.

Whoever, being required by the internal revenue laws of the Virgin Islands to pay any tax, or required by this subtitle or the regulations issued under authority thereof, or by the Virgin Islands income tax law or the regulations issued under authority thereof, to make a return, keep any records, or supply any information, willfully fails to pay such tax, make such return, keep such records, or supply such information, at the time or times required by law or regulations, shall, in addition to other penalties provided by law, be fined not more than $10,000 or imprisoned not more than 1 year, or both, together with the costs of prosecution.

Whoever- (1) Declaration under penalties of perjury. Willfully makes and subscribes any return, statement, or other document, which contains or is verified by a written declaration that it is made under the penalties of perjury, and which he does not believe to be true and correct as to every material matter; (2) Aid or assistance. Willfully aids or assists in, or procures, counsels, or advises the preparation or presentation under, or in connection with any matter arising under, the internal revenue laws, of a return, affidavit, claim, or other document, which is fraudulent or is false as to any material matter, whether or not such falsity or fraud is with the knowledge or consent of the person authorized or required to present such return, affidavit, claim, or document; (3) Fraudulent bonds, permits, and entries. Simulates or falsely or fraudulently executes or signs any bond, permit, entry, or other document required by the provisions of the internal revenue laws, or by any regulation made in pursuance thereof, or procures the same to be falsely or fraudulently executed, or advises, aids in, or connives at such execution thereof; (4) Removal or concealment with intent to defraud. Removes, deposits, or conceals, or is concerned in removing, depositing, or concealing, any goods or commodities for or in respect whereof any tax is or shall be imposed, or any property upon which levy is authorized by section 1051 of this title with intent to evade or defeat the assessment or collection of any tax imposed by this subtitle or the Virgin Islands income tax law; or (5) Compromises and closing agreements. In connection with any compromise under section 1492 of this title, or offer of such compromise, or in connection with any closing agreement under section 1491 of this title, or offer to enter into any such agreement, willfully- (A) Concealment of property. Conceals from any officer or employee of the Virgin Islands any property belonging to the estate of a taxpayer or other person liable in respect of the tax; or (B) Withholding, falsifying, and destroying records. Receives, withholds, destroys, mutilates, or falsifies any book, document, or record, or makes any false statement, relating to the estate or financial condition of the taxpayer or other person liable in respect of the tax- shall be fined not more than $5,000 or imprisoned not more than 3 years, or both, together with the costs of prosecution.

Whoever wilfully delivers or discloses to the Director any list, return, account, statement, or other document, known by him to be fraudulent or to be false as to any material matter, shall be fined not more than $1,000 or imprisoned not more than 1 year, or both. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Whoever- (1) Counterfeiting. With intent to defraud, alters, forges, makes, or counterfeits any stamp, coupon, ticket, book, or other device prescribed under authority of this subtitle or the Virgin Islands income tax law for the collection or payment of any tax imposed by this subtitle or the Virgin Islands income tax law, or sells, lends, or has in his possession any such altered, forged, or counterfeited stamp, coupon, ticket, book, or other device, or makes, uses, sells, or has in his possession any material in imitation of the material used in the manufacture of such stamp, coupon, ticket, book, or other device; (2) Mutilation or removal. Fraudulently cuts, tears, or removes from any vellum, parchment, paper, instruments, writing, package, or article, upon which any tax is imposed by this subtitle, any adhesive stamp or the impression of any stamp, die, plate, or other article provided, made, or used in pursuance of this subtitle; (3) Use of mutilated, insufficient, or counterfeited stamps. Fraudulently uses, joins, fixes, or places to, with, or upon any vellum, parchment, paper, instrument, writing, package, or article, upon which any tax is imposed by this subtitle or the Virgin Islands income tax law- (A) Any adhesive stamp, or the impression of any stamp, die, plate, or other article, which has been cut, torn, or removed from any other vellum, parchment, paper, instrument, writing, package, or article, upon which any tax is imposed by this subtitle; (B) Any adhesive stamp or the impression of any stamp, die, plate, or other article of insufficient value; or (C) Any forged or counterfeited stamp, or the impression of any forged or counterfeited stamp, die, plate, or other article; or (4) Reuse of stamps. (A) Preparation for reuse. Willfully removes, or alters the cancellation or defacing marks of, or otherwise prepares, any adhesive stamp, with intent to use, or cause the same to be used, after it has already been used; (B) Trafficking. Knowingly or willfully buys, sells, offers for sale, or gives away, any such washed or restored stamp to any person for use, or knowingly uses the same; or (C) Possession. Knowingly and without lawful excuse (the burden of proof of such excuse being on the accused) has in possession any washed, restored, or altered stamp, which has been removed from any vellum, parchment, paper, instrument, writing, package, or article- shall be fined not more than $10,000 or imprisoned not more than 5 years, or both.

Whoever buys, sells, offers for sale, uses, transfers, takes or gives in exchange, or pledges or gives in pledge, except as authorized in this subtitle or the Virgin Islands income tax law or in regulations made pursuant thereto, any stamp, coupon, ticket, book, or other device prescribed by the Director under this subtitle or the Virgin Islands income tax law for the collection or payment of any tax imposed by this subtitle or the Virgin Islands income tax law, shall be fined not more than $1,000 or imprisoned not more than 180 days, or both. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Whoever, being duly summoned to appear to testify, or to appear and produce books, accounts, records, memoranda, or other papers, as required under sections 1862, 1863 and 1864(b) of this title neglects to appear or to produce such books, accounts, records, memoranda, or other papers, shall be fined not more than $1,000 or imprisoned not more than 1 year, or both, together with costs of prosecution.

Whoever in connection with the sale or lease, or offer for sale or lease, of any article, or for the purpose of making such sale or lease, makes any statement, written or oral- (1) intended or calculated to lead any person to believe that any part of the price at which such article is sold or leased, or offered for sale or lease, consists of a tax imposed under the authority of the Virgin Islands; or (2) ascribing a particular part of such price to a tax imposed under the authority of the Virgin Islands- knowing that such statement is false or that the tax is not so great as the portion of such price ascribed to such tax, shall be fined not more than $1,000 or imprisoned not more than 1 year, or both.

Laws Corrupt or forcible interference (a) Whoever corruptly or by force or threats of force (including any threatening letter or communication) endeavors to intimidate or impede any officer or employee of the Virgin Islands acting in an official capacity under the internal revenue laws of the Virgin Islands, or in any other way corruptly or by force or threats of force (including any threatening letter or communication) obstructs or impedes, or endeavors to obstruct or impede, the due administration of the internal revenue laws of the Virgin Islands, shall be fined not more than $5,000 or imprisoned not more than 3 years, or both, except that if the offense is committed only by threats of force, the person convicted thereof shall be fined not more than $3,000 or imprisoned not more than 1 year, or both. The term "threats of force", as used in this subsection, means threats of bodily harm to the officer or employee of the Virgin Islands or to a member of his family. Forcible rescue of seized property (b) Whoever forcibly rescues or causes to be rescued any property after it shall have been seized under the internal revenue laws of the Virgin Islands, or shall attempt or endeavor to do so, shall excepting in cases otherwise provided for, for every such offense, be fined not more than $500 or not more than double the value of the property so rescued, whichever is greater, or be imprisoned not more than 2 years.

Income returns (a) (1) Government employees and other persons. It shall be unlawful for any officer or employee of the government of the United States Virgin Islands to divulge or make known in any manner whatever not provided by law to any person the amount or source of income, profits, losses, expenditures, or any particular thereof, set forth or disclosed in any income return or attachment thereto, or in any tax return or attachment thereto required to be filed by the provisions of this title, or to permit any income return or attachment thereto or any other tax return or attachment thereto, or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person except as provided by law; and it shall be unlawful for any person to print or publish in any manner whatever not provided by law any income return, or any part thereof or source of income, profits, losses, or expenditures appearing in any income return or any return required to be filed by the provisions of this title; and any person committing an offense against the foregoing provision shall be fined not more than $1,000 or imprisoned not more than 1 year, or both, together with the costs of prosecution; and if the offender be an officer or employee of the government of the United States Virgin Islands he shall be dismissed from office or discharged from employment, and he may not be hired by any agency of the government for a period of one year from the date of dismissal or discharge. (2) Shareholders. Any shareholder who pursuant to the provisions of section 822(b) of this title is allowed to examine the return of any corporation, and who makes known in any manner whatever not provided by law the amount or source of income, profits, losses, expenditures, or any particular thereof, set forth or disclosed in any such return, shall be fined not more than $1,000 or imprisoned not more than 1 year, or both, together with the costs of prosecution. Disclosure of operations of manufacturer or producer (b) Any officer or employee of the Virgin Islands who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be fined not more than $1,000 or imprisoned not more than 1 year, or both, together with the costs of prosecution; and the offender shall be dismissed from office or discharged from employment. History: Amended Mar. 29, 1968, No. 2141, Sess. L. 1968, Pt. I, p. 409.

Any officer or employee of the Virgin Islands acting in connection with any revenue law of the Virgin Islands (including the income tax law)- (1) who is guilty of any extortion or willful oppression under color of law; (2) who knowingly demands other or greater sums than are authorized by law, or receives any fee, compensation, or reward, except as by law prescribed, for the performance of any duty; (3) who with intent to defeat the application of any provision of this subtitle or the Virgin Islands income tax law fails to perform any of the duties of his office or employment; (4) who conspires or colludes with any other person to defraud the Virgin Islands; (5) who knowingly makes opportunity for any person to defraud the Virgin Islands; (6) who does or omits to do any act with intent to enable any other person to defraud the Virgin Islands; (7) who makes or signs any fraudulent entry in any book, or makes or signs any fraudulent certificate, return, or statement; (8) who, having knowledge or information of the violation of any revenue law by any person, or of fraud committed by any person against the Virgin Islands under any revenue law, fails to report, in writing, such knowledge or information to the Director; or (9) who demands, or accepts, or attempts to collect, directly or indirectly as payment or gift, or otherwise, any sum of money or other thing of value for the compromise, adjustment, or settlement of any charge or complaint for any violation or alleged violation of law, except as expressly authorized by law so to do- shall be dismissed from office or discharged from employment and, shall be fined not more than $10,000 or imprisoned not more than 5 years, or both. The court may in its discretion award out of the fine so imposed an amount, not in excess of one-half thereof, for the use of the informer, if any, who shall be ascertained by the judgment of the court. The court also shall render judgment against the said officer or employee for the amount of damages sustained in favor of the party injured, to be collected by execution. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

History: Repealed. July 28, 1969, No. 2505, § 4 Sess. L. 1969, p. 219.

History: Repealed. July 28, 1969, No. 2505, § 4, Sess. L. 1969, p. 219.

History: Repealed. June 11, 1959, No. 473, § 3, Sess. L. 1959, p. 83, eff. July 1, 1959.

Whoever has in his custody or possession any goods, wares, merchandise, articles, or objects on which taxes are imposed by law, for the purpose of selling the same in fraud of the internal revenue laws, or with design to avoid payment of the taxes imposed thereon, shall be fined $500 or not less than double the amount of taxes fraudulently attempted to be evaded.

Taxable articles (a) Any property on which, or for or in respect whereof, any tax is imposed by this subtitle which shall be found in the possession or custody or within the control of any person, for the purpose of being sold or removed by him in fraud of the internal revenue laws, or with design to avoid payment of such tax, or which is removed, deposited, or concealed, with intent to defraud the Virgin Islands of such tax or any part thereof, may be seized, and shall be forfeited to the Virgin Islands. Raw Materials (b) All property found in the possession of any person intending to manufacture the same into property of a kind subject to tax for the purpose of selling such taxable property in fraud of the internal revenue laws, or with design to evade the payment of such tax, may also be seized, and shall be forfeited to the Virgin Islands. Equipment (c) All property whatsoever, in the place or building, or any yard or enclosure, where the property described in subsection (a) or (b) of this section is found, or which is intended to be used in the making of property described in subsection (a) of this section with intent to defraud the Virgin Islands of tax or any part thereof, on the property described in subsection (a) of this section may also be seized, and shall be forfeited to the Virgin Islands. Packages (d) All property used as a container for, or which shall have contained property described in subsection (a) or (b) of this section, may also be seized and shall be forfeited to the Virgin Islands. Conveyances (e) Any property (including aircraft, vehicles, vessels, or draft animals), used to transport or for the deposit or concealment of property described in subsection (a) or (b) of this section may also be seized, and shall be forfeited to the Virgin Islands.

It shall be unlawful to have or possess any property intended for use in violating the provisions of the internal revenue laws, or regulations prescribed under such laws, or which has been so used, and no property rights shall exist in any such property. A search warrant may issue as provided in chapter 335 of Title 5 and the Federal Rules of Criminal Procedure for the seizure of such property. Nothing in this section shall in any manner limit or affect any criminal or forfeiture provision of the internal revenue laws, or of any other law. The seizure and forfeiture of any property under the provisions of this section and the disposition of such property subsequent to seizure and forfeiture, or the disposition of the proceeds from the sale of such property, shall be in accordance with existing laws or those hereafter in existence relating to seizures, forfeitures, and disposition of property or proceeds, for violation of the internal revenue laws.

There may be seized and forfeited to the Virgin Islands- (1) Counterfeit stamp. Every stamp involved in the offense described in section 1527 of this title (relating to counterfeit, reused, cancelled, etc., stamps) and the vellum, parchment, document, paper, package, or article upon which such stamp was placed or impressed in connection with such offense. (2) Fraudulent bonds, permits, and entries. All property to which any false or fraudulent instrument involved in the offense described in section 1526 of this title relates.

Any property subject to forfeiture to the Virgin Islands under any provision of this subtitle or the Virgin Islands income tax law may be seized by the Director. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Any forfeitable property which may be seized under the provisions of this subtitle or the Virgin Islands income tax law may, at the option of the Director, be delivered to the marshal of the district court, and remain in the care and custody and under the control of such marshal, pending disposal thereof as provided by law. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Nature and venue (a) The proceedings to enforce such forfeitures shall be in the nature of a proceeding in rem in the district court. Service of process when property has been returned under bond (b) In case bond as provided in section 1594(3) of this title shall have been executed and the property returned before seizure thereof by virtue of process in the proceedings in rem authorized in subsection (a) of this section, the marshal shall give notice of pendency of proceedings in court to the parties executing said bond, by personal service or publication, and in such manner and form as the court may direct, and the court shall thereupon have jurisdiction of said matter and parties in the same manner as if such property had been seized by virtue of the process aforesaid. Cost of seizure taxable (c) The cost of seizure made before process issues shall be taxable by the court.

When any property which is seized under the provisions of section 1581 of this title is liable to perish or become greatly reduced in price or value by keeping, or when it cannot be kept without great expense- (1) Application for examination. The owner thereof, or the marshal of the district court, may apply to the Director to examine it; and (2) Appraisal. If, in the opinion of the Director, it shall be necessary that such property should be sold to prevent such waste or expense, the Director shall appraise the same; and thereupon (3) Return to owner under bond. The owner shall have such property returned to him upon giving bond in an amount equal to such appraised value to abide the final order, decree, or judgment of the court having cognizance of the case, and to pay the amount of said appraised value to the Director, the marshal of the district court, or otherwise, as may be ordered and directed by the court, which bond shall be filed by the Director with the United States attorney. (4) Sale in absence of bond. (A) Order to sell. If such owner shall neglect or refuse to give such bond, the Director shall issue to any officer or employee of the Bureau of Internal Revenue or to the marshal of the district court an order to sell the same. (B) Manner of sale. Such officer or employee or the marshal shall as soon as practicable make public sale of such property in accordance with such regulations as may be prescribed by the Director. (C) Disposition of proceeds. The proceeds of the sale, after deducting the reasonable costs of the seizure and sale, shall be paid to the court to abide its final order, decree, or judgment. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), (3), Sess. L. 1980, p. 147.

In all cases of seizure of any goods, wares, or merchandise as being subject to forfeiture under any provision of this subtitle or the Virgin Islands income tax law which, in the opinion of the Commissioner, are of the appraised value of $1,000 or less, the Director shall, except in cases otherwise provided, proceed as follows- (1) List and appraisement. The Director shall cause a list containing a particular description of the goods, wares, or merchandise seized to be prepared in duplicate, and an appraisement thereof to be made by three sworn appraisers, to be selected by the Director who shall be respectable and disinterested inhabitants of the Virgin Islands residing within the internal revenue district wherein the seizure was made. Such list and appraisement shall be properly attested by the Director and such appraisers. Each appraiser shall be allowed for his services such compensation as the Director shall by regulations prescribe, to be paid in the manner similar to that provided for other necessary charges incurred in collecting internal revenue. (2) Notice of seizure. If such goods are found by such appraisers to be of the value of $1,000 or less, the Director shall publish a notice for 3 weeks, in some newspaper of the district where the seizure was made, describing the articles and stating the time, place, and cause of their seizure, and requiring any person claiming them to appear and make such claim within 30 days from the date of the first publication of such notice. (3) Execution of bond by claimant. Any person claiming the goods, wares, or merchandise so seized, within the time specified in the notice, may file with the Director a claim, stating his interest in the articles seized, and may execute a bond to the Virgin Islands in the penal sum of $250, conditioned that, in case of condemnation of the articles so seized, the obligors shall pay all the costs and expenses of the proceedings to obtain such condemnation; and upon the delivery of such bond to the Director, he shall transmit the same, with the duplicate list of description of the goods seized, to the United States attorney, and such attorney shall proceed thereon in the ordinary manner prescribed by law. (4) Sale in absence of bond. If no claim is interposed and no bond is given within the time above specified, the Director shall give reasonable notice of the sale of the goods, wares, or merchandise by publication, and, at the time and place specified in the notice, shall sell the articles so seized at public auction, or upon competitive bids, in accordance with such regulations as may be prescribed by the Director. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Nonenforceability of contract (a) Whenever any person who is liable to pay any tax imposed by this subtitle or the Virgin Islands income tax law upon, for, or in respect of, any property sells or causes or allows the same to be sold before such tax is paid, with intent to avoid such tax, or in fraud of the internal revenue laws, any debt contracted in such sale, and any security given therefor, unless the same shall have been bona fide transferred to an innocent holder, shall be void, and the collection thereof shall not be enforced in any court. Forfeiture of sum paid on contract (b) If such property has been paid for, in whole or in part, the sum so paid shall be deemed forfeited. Moiety (c) Any person who shall sue for the sum so paid (in an action of debt) shall recover from the seller the amount so paid, one-half to his own use and the other half to the use of the Virgin Islands.

Whoever, being an owner of any building or place, or a person having the agency or superintendence of the same, refuses to admit any officer or employee of the Bureau of Internal Revenue acting under the authority of section 1866 of this title (relating to entry of premises for examination of taxable articles) or refuses to permit him to examine such article or articles, shall, for every such refusal, forfeit $500. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(3), Sess. L. 1980, p. 147.

The term "person" as used in this chapter includes an officer or employee of a corporation, or a member or employee of a partnership, who as such officer, employee, or member is under a duty to perform the act in respect of which the violation occurs.

Bureau of Internal Revenue All provisions of law imposing fines, penalties, or other punishment for offenses committed by an internal revenue officer or other officer of the Bureau of Internal Revenue or under any agency or office thereof, shall apply to all persons whomsoever, employed, appointed, or acting under the authority of any internal revenue law, or any revenue provision of any law of the Virgin Islands when such persons are designated or acting as officers or employees in connection with such law, or are persons having the custody or disposition of any public money. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(3), Sess. L. 1980, p. 147.

No civil action for the collection or recovery of taxes, or of any fine, penalty, or forfeiture, shall be commenced unless the Director authorizes or sanctions the proceedings and the United States attorney directs that the action be commenced. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

To issue orders, processes and judgments (a) The courts of the Virgin Islands at the instance of the government of the United States Virgin Islands shall have such jurisdiction to make and issue in civil actions, writs and orders of injunction, and of ne exeat republica, orders appointing receivers, and such other orders and processes, and to render such judgments and decrees as may be necessary or appropriate for the enforcement of the internal revenue laws. The remedies hereby provided are in addition to and not exclusive of any and all other remedies of the government of the United States Virgin Islands in such courts or otherwise to enforce such laws. To enforce summons (b) If any person is summoned under the internal revenue laws to appear, to testify, or to produce books, papers, or other data, the District Court of the Virgin Islands shall have jurisdiction by appropriate process to compel such attendance, testimony or production of books, papers or other data. For damages to Virgin Islands officers or employees (c) Any officer or employee of the Virgin Islands acting under authority of this subtitle or the Virgin Islands income tax law, or any person acting under or by authority of any such officer or employee, receiving any injury to his person or property in the discharge of his duty shall be entitled to maintain an action for damages therefor, in the courts of the Virgin Islands. Action on bonds (d) The courts of the Virgin Islands shall have jurisdiction of any action brought on the official bond of any internal revenue officer or employee required to give bond under regulations promulgated by authority of section 1962 of this title.

Filing (a) In any case where there has been a refusal or neglect to pay any tax, or to discharge any liability in respect thereof, whether or not levy has been made, the United States attorney at the request of the Director may direct a civil action to be filed in the proper court of the Virgin Islands to enforce the lien of the Virgin Islands under this subtitle or the Virgin Islands income tax law, with respect to such tax or liability or to subject any property, of whatever nature, of the delinquent, or in which he has any right, title, or interest to the payment of such tax or liability. Parties (b) All persons having liens upon or claiming any interest in the property involved in such action shall be made parties thereto. Adjudication and decree (c) The court shall, after the parties have been duly notified of the action, proceed to adjudicate all matters involved therein and finally determine the merits of all claims to and liens upon the property, and, in all cases where a claim or interest of the Virgin Islands therein is established, may decree a sale of such property, by the proper officer of the court, and a distribution of the proceeds of such sale according to the findings of the court in respect to the interests of the parties and of the Virgin Islands. Receivership (d) In any such proceeding, at the instance of the government of the United States Virgin Islands, the court may appoint a receiver to enforce the lien, or, upon certification by the Director during the pendency of such proceedings that it is in the public interest, may appoint a receiver with all the powers of a receiver in equity. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Refunds after limitation period (a) Any portion of an internal revenue tax imposed by this subtitle or the Virgin Islands income tax law, refund of which is erroneously made, within the meaning of section 1184 of this title, may be recovered by civil action brought in the name of the government of the United States Virgin Islands. Refunds otherwise erroneous (b) Any portion of an internal revenue tax imposed by this subtitle or the Virgin Islands income tax law which has been erroneously refunded (if such refund would not be considered as erroneous under section 1184 of this title) may be recovered by civil action brought in the name of the government of the United States Virgin Islands.

All judgments and monies recovered or received for taxes, costs, forfeitures, and penalties shall be paid to the Director, as collections of internal revenue taxes. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Tax (a) Except as provided in sections 942(a) and (c), and 943(a) of this title, no action for the purpose of restraining the assessment or collection of any internal revenues tax shall be maintained in any court. Liability of transferee or fiduciary (b) No action shall be maintained in any court for the purpose of restraining the assessment or collection (pursuant to the provisions of chapter 39 of this title) of- (1) the amount of the liability, at law or in equity, of a transferee of property of a taxpayer in respect of any internal revenue tax, or (2) the amount of the liability of a fiduciary under section 716(b)(6) of this title in respect of any such tax.

No action prior to filing claim for refund (a) No action or proceeding shall be maintained in any court for the recovery of any internal revenue tax alleged to have been erroneously or illegally assessed or collected, or of any penalty claimed to have been collected without authority, or of any sum alleged to have been excessive or in any manner wrongfully collected, until a claim for refund or credit has been duly filed with the Director, according to the provisions of law in that regard, and the regulations of the Director established in pursuance thereof. Provided, however, that this section shall have no application to the allowance of credit for excise taxes paid on articles, goods, merchandise and commodities exported from the Virgin Islands, as provided in section 42d of this title. Protest or duress (b) Such action or proceeding may be maintained whether or not such tax, penalty or sum has been paid under protest or duress. Action against collection officer a bar (c) An action against any officer or employee of the Virgin Islands (or former officer or employee) or his personal representative for the recovery of any internal revenue tax alleged to have been erroneously or illegally assessed or collected, or of any penalty claimed to have been collected without authority, or of any sum alleged to have been excessive or in any manner wrongfully collected shall be treated as if the government of the United States Virgin Islands had been a party to such action in applying the doctrine of res judicata in all actions in respect of any internal revenue tax. Credit treated as overpayment (d) The credit of an overpayment of any tax in satisfaction of any internal revenue tax liability shall, for the purpose of any action for refund of such tax liability so satisfied, be deemed to be a payment in respect of such tax liability at the time such credit is allowed. Stay of proceedings (e) If the Director prior to the hearing of an action brought by a taxpayer in the Superior Court for the recovery of any income tax (or any penalty relating to such taxes) mails to the taxpayer a notice that a deficiency has been determined in respect of the tax, the proceedings in taxpayer's action shall be stayed during the period of time in which the taxpayer may file a petition with the district court, for a redetermination of the asserted deficiency, and for 60 days thereafter. If the taxpayer files a petition with the district court, the Superior Court shall lose jurisdiction of taxpayer's action to whatever extent jurisdiction is acquired by the district court of the subject matter of taxpayer's action for refund. If the taxpayer does not file a petition with the district court for a redetermination of the asserted deficiency, the government of the United States Virgin Islands may counterclaim in the taxpayer's action, or intervene in the event of an action as described in subsection (c) of this section (relating to actions against officers or employees of the Virgin Islands), within the period of the stay of proceedings notwithstanding that the time for such pleading may have otherwise expired. The taxpayer shall have the burden of proof with respect to the issues raised by such counterclaim or intervention of the government of the United States Virgin Islands except as to the issue of whether the taxpayer has been guilty of fraud with intent to evade tax. This subsection shall not apply to an action by a taxpayer which, prior to the date of enactment of this code, is commenced, instituted, or pending in any court of the Virgin Islands for the recovery of any income tax (or any penalty relating to such tax). History: Amended Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197; Oct. 8, 1979, No. 4359, § 5(d), Sess. L. 1979, p. 152; Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 148; Apr. 2, 1981, No. 4536, § 7(c), Sess. L. 1981, p. 24.

The Director, subject to regulations prescribed by the Director, is authorized to repay- (1) Collections recovered. To any officer or employee of the Virgin Islands the full amount of such sums of money as may be recovered against him in any court, for any internal revenue taxes collected by him, with the cost and expense of suit; also (2) Damages and costs. All damages and costs recovered against any officer or employee of the Virgin Islands in any suit brought against him by reason of anything done in the due performance of his official duty under the internal revenue laws of the Virgin Islands. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Obtaining leave to file (a) (1) Request for institution of proceedings by Virgin Islands. Any person having a lien upon or any interest in the property referred to in section 1663 of this title notice of which has been duly filed of record in the office of the recorder of deeds in the judicial division in which the property is located, prior to the filing of notice of the lien of the Virgin Islands as provided in section 1033 of this title, or any person purchasing the property at a sale to satisfy such prior lien or interest, may make written request to the Director to authorize the filing of a civil action as provided in section 1663 of this title. (2) Petition to court. If the Director fails to authorize the filing of such civil action within 6 months after receipt of such written request, such person or purchaser may, after giving notice to the Director, file a petition in the proper court of the Virgin Islands, praying leave to file a civil action for a final determination of all claims to or liens upon the property in question. (3) Court order. After a full hearing in open court, the court may in its discretion enter an order granting leave to file such civil action, in which the government of the United States Virgin Islands and all persons having liens upon or claiming any interest in the property shall be made parties. Adjudication (b) Upon the filing of such civil action, the court shall proceed to adjudicate the matters involved therein, in the same manner as in the case of civil actions filed under section 1663 of this title. For the purpose of such adjudication, the assessment of the tax upon which the lien of the Virgin Islands is based shall be conclusively presumed to be valid. Costs (c) All costs of the proceedings on the petition and the civil action shall be borne by the person filing the civil action. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

The district court is authorized to impose a fee in an amount not in excess of $10 to be fixed by the district court for the filing of any petition for the redetermination of a deficiency.

In all proceedings before the district court which are authorized by this Part or by the Virgin Islands income tax law, the Director shall be represented by the United States attorney and the taxpayer shall be represented in accordance with the rules of practice prescribed by the district court. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

The proceedings of the district court which are authorized by this Part or by the Virgin Islands income tax law, shall be conducted in accordance with- (1) such rules of practice and procedure (other than rules of evidence) as the district court may prescribe; and (2) the rules of evidence applicable in trials without a jury in the district court.

In any proceeding authorized by this Part or by the Virgin Islands income tax law which involves the issue whether the petitioner has been guilty of fraud with intent to evade tax, the burden of proof in respect of such issue shall be upon the Director. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

The mailing by registered mail of any pleading, decision, order, notice, or process in respect of proceedings authorized by this Part or by the Virgin Islands income tax law before the district court shall be held sufficient service of such pleading, decision, order, notice, or process.

Requirement (a) A decision in any proceeding instituted before the district court upon authority of this Part or the Virgin Islands income tax law shall be made as quickly as practicable. Inclusion of findings of fact or opinions in decision (b) It shall be the duty of the district court to include in its decision upon any proceeding authorized by this Part or the Virgin Islands income tax law, its findings of fact or opinion or memorandum opinion. Date of decision (c) A decision of the district court in any proceeding authorized by this Part or by the Virgin Islands income tax law (except a decision dismissing a proceeding for lack of jurisdiction) shall be held to be rendered upon the date that an order specifying the amount of the deficiency is entered in the records of the district court. If the district court dismisses such a proceeding for reasons other than lack of jurisdiction and is unable from the record to determine the amount of the deficiency determined by the Director, or if the district court dismisses such a proceeding for lack of jurisdiction, an order to that effect shall be entered in the records of the district court, and the decision of the district court shall be held to be rendered upon the date of such entry. Effect of decision dismissing petition (d) If a petition for a redetermination of a deficiency has been filed by the taxpayer, a decision of the district court dismissing the proceeding shall be considered as its decision that the deficiency is the amount determined by the Director. An order specifying such amount shall be entered in the records of the district court unless the district court cannot determine such amount from the record in the proceeding, or unless the dismissal is for lack of jurisdiction. Effect of decision that tax is barred by limitation (e) If the assessment or collection of any tax is barred by any statute of limitations, the decision of the district court to that effect shall be considered as its decision that there is no deficiency in respect of such tax. Findings of fact as evidence (f) The findings of the district court shall be prima facie evidence of the facts stated therein. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

In any proceeding authorized by this Part or the Virgin Islands income tax law, all decisions and all evidence received by the district court, including a transcript of the stenographic report of the hearings, shall be public records open to the inspection of the public; except that after the decision of the district court in any such proceeding has become final the district court may, upon motion of the taxpayer or the Director permit the withdrawal by the party entitled thereto of originals of books, documents, and records, and of models, diagrams, and other exhibits, introduced in evidence before the district court; or the district court may, on its own motion, make such other disposition thereof as it deems advisable. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

The decision of the district court authorized by this Part or the Virgin Islands income tax law shall become final- (1) Timely petition for review or certiorari not filed on time. Upon the expiration of time allowed for filing a petition for review with the United States Court of Appeals, or a petition for certiorari with the United States Supreme Court, if no such petition has been duly filed within such time; or (2) Petition for certiorari denied. Upon the denial of a petition for certiorari by the United States Supreme Court; or (3) Decision affirmed by Supreme Court. Upon the expiration of 30 days from the date of issuance of a mandate of the Supreme Court which has the effect of affirming the decision of the district court. (4) Reversal of modification of decision by the Supreme Court. If the Supreme Court issues a mandate which results in the reversal or modification of the decision of the district court, the decision of the district court rendered in accordance with the mandate of the Supreme Court shall become final upon the expiration of 30 days from the time it was rendered, unless within such 30 days either the Director or the taxpayer has instituted proceedings to have such decision corrected to accord with the mandate, in which event the decision of the district court shall become final when so corrected. (5) Rehearing. If the Supreme Court orders a rehearing or if the case is remanded by any reviewing court to the district court for a rehearing, and if- (A) the time allowed for filing a petition for review or certiorari has expired and no such petition has been duly filed; or (B) the petition for certiorari has been denied; or (C) the decision of the reviewing court has been affirmed by the Supreme Court- then the decision of the district court rendered upon such rehearing shall become final in the same manner as though no prior decision of the court has been rendered. (6) Definition of "mandate". As used in this section, the term "mandate", in case a mandate has been recalled prior to the expiration of 30 days from the date of issuance thereof, means the final mandate. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Jurisdiction (a) The decisions of the district court in proceedings authorized by this Part or the Virgin Islands income tax law shall be subject to review on appeal by the Court of Appeals for the third circuit, in the same manner and to the same extent as decisions of the district court in civil actions tried without a jury are reviewed by that court; and the judgment of that court shall be final, except that it shall be subject to review by the Supreme Court of the United States as provided by the laws of the United States. Powers (b) (1) To affirm, modify or reverse. Upon such review, such courts shall have power to affirm, or if the decision of the district court is not in accordance with law, to modify or to reverse the decision of the district court, with or without remanding the case for a rehearing, as justice may require. (2) To require additional security. Nothing in section 1784 of this title shall be construed as relieving the petitioner from making or filing such undertakings as the court may require as a condition of or in connection with the review. (3) To impose damages. The Court of Appeals and the Supreme Court shall have power to impose damages in any case where the decision of the district court in affirmed and it appears that the petition was filed merely for delay.

When the incumbent of the office of Director or his delegate changes, no substitution of the name of his successor shall be required in proceedings pending before any appellate court reviewing the action of the district court. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Review Notwithstanding any provision of law imposing restrictions on the assessment and collection of deficiencies, the review under section 1782 of this title shall not operate as a stay of assessment or collection of any portion of the amount of the deficiency determined by the district court unless a petition for review in respect of such portion is duly filed by the taxpayer, and then only if the taxpayer- (1) on or before the time his petition for review is filed has filed within the district court a bond in a sum fixed by the district court not exceeding double the amount of the portion of the deficiency in respect of which the petition for review is filed, and with surety approved by the district court, conditioned upon the payment of the deficiency as finally determined, together with any interest, additional amounts, or additions to the tax provided for by law, or (2) has filed a jeopardy bond under this Part or the Virgin Islands income tax law. If as a result of a waiver of the restrictions on the assessment and collection of a deficiency any part of the amount determined by the district court is paid after the filing of the review bond, such bond shall, at the request of the taxpayer, be proportionately reduced.

In cases where assessment or collection has not been stayed by the filing of a bond, then if the amount of the deficiency determined by the district court is disallowed in whole or in part by the court of review, the amount so disallowed shall be credited or refunded to the taxpayer, without the making of claim therefor, or, if collection has not been made, shall be abated.

Whenever any person is required to collect or withhold any internal revenue tax from any other person and to pay over such tax to the Virgin Islands, the amount of tax so collected or withheld shall be held to be a special fund in trust for the Virgin Islands. The amount of such fund shall be assessed, collected and paid in the same manner and subject to the same provisions and limitations (including penalties) as are applicable with respect to the taxes from which such fund arose.

General rule (a) If any claim, statement, or other document (other than a return or other document required under authority of chapter 21 of this title), required to be filed within a prescribed period or on or before a prescribed date under authority of any provision of the internal revenue laws is, after such period or such date, delivered by United States mail to the agency, officer, or office with which such claim, statement, or other document is required to be filed, the date of the United States postmark stamped on the cover in which such claim, statement, or other document is mailed shall be deemed to be the date of delivery. This subsection shall apply only if the postmark date falls within the prescribed period or on or before the prescribed date for the filing of the claim, statement, or other document, determined with regard to any extension granted for such filing, and only if the claim, statement, or other document was, within the prescribed time, deposited in the United States mail in an envelope or other appropriate wrapper, postage prepaid, properly addressed to the agency, office, or officer with which the claim, statement, or other document is required to be filed. Stamp machine (b) This section shall apply in the case of postmarks not made by the United States Post Office only if and to the extent provided by regulations prescribed by the Director. Registered mail (c) If any such claim, statement or other document is sent by United States registered mail, such registration shall be prima facie evidence that the claim, statement or other document was delivered to the agency, office or officer to which addressed, and the date of registration shall be deemed the postmark date. Exception (d) This section shall not apply with respect to the filing of a document in any court. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Sunday Or Legal Holiday When the last day prescribed by this subtitle or the Virgin Islands income tax law for performing any act falls on Saturday, Sunday or a legal holiday, the performance of such act shall be considered timely if it is performed on the next succeeding day which is not a Saturday, Sunday or a legal holiday. For purposes of this section- (1) the last day for the performance of any act shall be determined by including any authorized extension of time; and (2) "legal holiday" shall include such days as are defined in section 171 of Title 1, other than Sunday.

Sale (a) Any personal property purchased by the Virgin Islands under the authority of section 1055(e) of this title (relating to purchase for the account of the Virgin Islands of property sold under levy) may be sold by the Director in accordance with such regulations as may be prescribed by the Director. Accounting (b) In case of the resale of such property, the proceeds of the sale shall be paid into the general fund of the treasury as internal revenue collections, and there shall be rendered a distinct account of all charges incurred in such sales. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Person charged with (a) The Director shall have charge of all real estate which is or shall become the property of the Virgin Islands by judgment or forfeiture under the internal revenue laws, or which has been or shall be assigned, set off, or conveyed by purchase or otherwise to the Virgin Islands in payment of debts or penalties arising under the laws relating to internal revenue, or which has been or shall be vested in the Virgin Islands by mortgage or other security for the payment of such debts, and of all trusts created for the use of the Virgin Islands in payment of such debts due them. Sale (b) The Director may, at public sale, and upon not less than 20 days' notice, sell and dispose of any real estate owned or held by the Virgin Islands as aforesaid. Lease (c) Until such sale, the Director may lease such real estate owned as aforesaid on such terms and for such period as the Director may deem proper. Release to debtor (d) In cases where real estate has or may become the property of the Virgin Islands by conveyance or otherwise, in payment of or as security for a debt arising under the laws relating to internal revenue, and such debt shall have been paid, together with the interest thereon, at the rate of 1 percent per month, to the Virgin Islands, within 2 years from the date of the acquisition of such real estate, it shall be lawful for the Director to release by deed or otherwise convey such real estate to the debtor from whom it was taken, or to his heirs or other legal representatives. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Assets in general (a) Whenever and after any bank or trust company, a substantial portion of the business of which consists of receiving deposits and making loans and discounts, has ceased to do business by reason of insolvency or bankruptcy, no tax shall be assessed or collected, or paid into the treasury of the Virgin Islands, on account of such bank or trust company, which shall diminish the assets thereof necessary for the full payment of all its depositors; and the Director, when the facts shall appear to him, is authorized to remit so much of the said tax against any such insolvent banks and trust companies as shall be found to affect the claims of their depositors. Segregated assets; earnings (b) Whenever any bank or trust company, a substantial portion of the business of which consists of receiving deposits and making loans and discounts, has been released or discharged from its liability to its depositors for any part of their claims against it, and such depositors have accepted, in lieu thereof, a lien upon subsequent earnings of such bank or trust company, or claims against assets segregated by such bank or trust company or against assets transferred from it to an individual or corporate trustee or agent, no tax shall be assessed or collected, or paid into the treasury of the Virgin Islands, on account of such bank or trust company, such individual or corporate trustee or such agent, which shall diminish the assets thereof which are available for the payment of such depositor claims and which are necessary for the full payment thereof. The term "agent", as used in this subsection, shall be deemed to include a corporation acting as a liquidating agent. Refund; reassessment; statutes of limitation (c) (1) Any such tax collected shall be deemed to be erroneously collected, and shall be refunded subject to all provisions and limitations of law, so far as applicable, relating to the refunding of taxes. (2) Any tax, the assessment, collection, or payment of which is barred under subsection (a) of this section, or any such tax which has been abated or remitted, shall be assessed or reassessed whenever it shall appear that payment of the tax will not diminish the assets as aforesaid. (3) Any tax, the assessment, collection, or payment of which is barred under subsection (b) of this section, or any such tax which has been refunded, shall be assessed or reassessed after full payment of such claims of depositors to the extent of the remaining assets segregated or transferred as described in subsection (b) of this section. (4) The running of the statute of limitations on the making of assessment and collection shall be suspended during, and for 90 days beyond, the period for which, pursuant to this section, assessment or collection may not be made, and a tax may be reassessed as provided in paragraphs (2) and (3) of this subsection and collected, during the time within which, had there been no abatement, collection might have been made. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Time to be disregarded (a) In the case of an individual serving in the Armed Forces of the United States, or serving in support of such Armed Forces, in an area designated by the President of the United States by Executive order as a "combat zone" for purposes of section 112 of the Virgin Islands income tax law, at any time during the period designated by the President by Executive order as the period of combatant activities in such zone for purposes of such section, or hospitalized outside the United States as a result of injury received while serving in such an area during such time, the period of service in such area, plus the period of continuous hospitalization outside the United States attributable to such injury, and the next 180 days thereafter, shall be disregarded in determining, under the internal revenue laws, in respect of any tax liability (including any interest, penalty, additional amount, or addition to the tax) of such individual- (1) whether any of the following acts was performed within the time prescribed therefor- (A) filing any return of income tax; (B) payment of any income tax or any installment thereof or of any other liability to the Virgin Islands in respect thereof; (C) filing a petition with the district court for redetermination of a deficiency, or for review of a decision rendered by the district court; (D) allowance of a credit or refund of any tax; (E) filing a claim for credit or refund of any tax; (F) bringing suit upon any such claim for credit or refund; (G) assessment of any tax; (H) giving or making any notice or demand for the payment of any tax, or with respect to any liability to the Virgin Islands in respect of any tax; (I) collection, by the Director, by levy or otherwise, of the amount of any liability in respect of any tax; (J) bringing suit by the Virgin Islands, or any officer on its behalf, in respect of any liability in respect of any tax; and (K) any other act required or permitted under the internal revenue laws specified in regulations prescribed under this section by the Director; (2) the amount of any credit or refund (including interest). Exceptions (b) (1) Tax in jeopardy; bankruptcy and receiverships; and transferred assets. Notwithstanding the provisions of subsection (a) of this section any action or proceeding authorized by section 1351 of this title (regardless of the taxable year for which the tax arose), chapter 37 chapter 37 title or chapter 39 chapter 39tle, as well as any other action or proceeding authorized by law in connection therewith, may be taken, begun, or prosecuted. In any other case in which the Director determines that collection of the amount of any assessment would be jeopardized by delay, the provisions of subsection (a) of this section shall not operate to stay collection of such amount by levy or otherwise as authorized by law. There shall be excluded from any amount assessed or collected pursuant to this paragraph the amount of interest, penalty, additional amount, and addition to the tax, if any, in respect of the period disregarded under subsection (a) of this section. In any case to which this paragraph relates, if the Director is required to give any notice to or make any demand upon any person, such requirement shall be deemed to be satisfied if the notice or demand is prepared and signed, in any case in which the address of such person last known to the Director is in an area for which United States post offices under instructions of the Postmaster General are not, by reason of the combatant activities, accepting mail for delivery at the time the notice or demand is signed. In such case the notice or demand shall be deemed to have been given or made upon the date it is signed. (2) Action taken before ascertainment of right to benefits. The assessment or collection of any internal revenue tax or of any liability to the Virgin Islands in respect of any internal revenue tax, or any action or proceeding by or on behalf of the government of the United States Virgin Islands in connection therewith, may be made, taken, begun, or prosecuted in accordance with law, without regard to the provisions of subsection (a) of this section, unless prior to such assessment, collection, action, or proceeding it is ascertained that the person concerned is entitled to the benefits of subsection (a) of this section. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

(a) Upon notification by the Division of Paternity and Child Support that a person under tax liability to the United States Virgin Islands Government owes overdue support under a support order, the Director shall determine whether there is an amount due or payable by the Government to the person as a refund for the income tax, regardless of whether the person filed as a married or unmarried taxpayer or whether the person filed a single or joint return. (b) If the Director finds that an amount is payable, he shall withhold from the refund an amount equal to the overdue support, and shall, concurrent with the withholding, send notice to the person and any other person filing a joint return with the person owing the overdue support that the withholding has been made and of the steps which the other person may take in order to secure his or her proper share of the refund. (c) The Director shall pay the amount withheld to the Division of Paternity and Child Support and the Division shall pay to the Bureau of Internal Revenue less any fee imposed by the Director of Internal Revenue to cover the cost of the withholding and the notification. The fee imposed under this subsection may not exceed twenty-five dollars ($25.00) per withholding. In accordance with section 457 of Title IV-D of the Social Security Act (42 U.S.C.657), the Division of Paternity and Child Support shall distribute such amounts withheld to the person to whom the support is owed or to the Government agency to which support rights have been assigned. (d) If the Director determines that the amount withheld under subsection (b) of this section is based upon a joint return, the Director shall notify the Division of Paternity and Child Support that the withholding is being made from a refund based upon a joint return, and shall furnish to the Division of Paternity and Child Support the names and addresses of each taxpayer filing the joint return. (e) If the person filing the joint return with the person owing the overdue support takes appropriate action pursuant to regulations of the Virgin Islands Bureau of Internal Revenue, to secure his or her proper share of the refund from which the withholding was made, the Director shall pay such share to the person and pay to the Division of Paternity and Child Support the remaining share of the person owing the overdue support. (f) The name, address, and the social security number of the support obligor subject to an income tax withholding under this section shall be furnished to the Division of Paternity and Child Support upon receiving notification under subsection (a) of this section. History: Added Oct. 12, 1985, No. 5104, § 11, Sess. L. 1985, p. 150; amended May 14, 1986, No. 5161, § 16, Sess. L. 1986, p. 66.

The Director shall, to the extent he deems it practicable, cause officers or employees of the Bureau of Internal Revenue to proceed, from time to time, through the Virgin Islands and inquire after and concerning all persons therein who may be liable to pay any internal revenue tax, and all persons owning or having the care and management of any objects with respect to which any tax is imposed. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2)(3), Sess. L. 1980, p. 147.

For the purpose of ascertaining the correctness of any return, making a return where none has been made, determining the liability of any person for any internal revenue tax or the liability at law or in equity of any transferee or fiduciary of any person in respect of any internal revenue tax, or collecting any such liability, the Director is authorized- (1) to examine any books, papers, records, or other data which may be relevant or material to such inquiry; (2) to summon the person liable for tax or required to perform the act, or any officer or employee of such person, or any person having possession, custody, or care of books of account containing entries relating to the business of the person liable for tax or required to perform the act, or any other person the Director may deem proper, to appear before the Director at a time and place named in the summons and to produce such books, papers, records, or other data, and to give such testimony, under oath, as may be relevant or material to such inquiry; and (3) to take such testimony of the person concerned, under oath, as may be relevant or material to such inquiry. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

A summons issued under section 1862 of this title shall be served by the Director, by an attested copy delivered in hand to the person to whom it is directed, or left at his last and usual place of abode; and the certificate of service signed by the person serving the summons shall be evidence of the facts it states on the hearing of an application for the enforcement of the summons. When the summons requires the production of books, papers, records, or other data, it shall be sufficient if such books, papers, records, or other data are described with reasonable certainty. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Jurisdiction of the district court (a) If any person is summoned under the internal revenue laws to appear, to testify, or to produce books, papers, records, or other data, the district court shall have jurisdiction by appropriate process to compel such attendance, testimony, or production of books, papers, records, or other data. Enforcement (b) Whenever any person summoned under section 1862 of this title neglects or refuses to obey such summons, or to produce books, papers, records, or other data, or to give testimony, as required, the Director may apply to the judge of the district court for an attachment against him as for a contempt. It shall be the duty of the judge to hear the application, and, if satisfactory proof is made, to issue an attachment, directed to some proper officer, for the arrest of such person, and upon his being brought before him to proceed to a hearing of the case; and upon such hearing the judge shall have power to make such order as he shall deem proper, not inconsistent with the law for the punishment of contempts, to enforce obedience to the requirements of the summons and to punish such person for his default or disobedience. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

General rule (a) The time and place of examination pursuant to the provisions of section 1862 of this title shall be such time and place as may be fixed by the Director and as are reasonable under the circumstances. In the case of a summons under authority of paragraph (2) of section 1862 of this title the date fixed for appearance before the Director shall not be less than 10 days from the date of the summons. Restrictions on examination of taxpayer (b) No taxpayer shall be subjected to unnecessary examination or investigations, and only one inspection of a taxpayer's books of account shall be made for each taxable year unless the taxpayer requests otherwise or unless the Director, after investigation, notifies the taxpayer in writing that an additional inspection is necessary. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Entry during day (a) The Director may enter, in the daytime, any building or place where any articles or objects subject to tax are made, produced, or kept, so far as it may be necessary for the purpose of examining said article or objects. Entry at night (b) When such premises are open at night, the Director may enter them while so open, in the performance of his official duties. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

Internal revenue personnel (a) Every officer or employee of the Bureau of Internal Revenue designated by the Director for that purpose is authorized to administer such oaths or affirmations and to certify to such papers as may be necessary under the internal revenue laws or regulations made thereunder. Others (b) Any oath or affirmation required or authorized under any internal revenue law or under any regulations made thereunder may be administered by any person authorized to administer oaths for general purposes by the law of the Virgin Islands. This subsection shall not be construed as an exclusive enumeration of the persons who may administer such oaths or affirmations. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2)(3), Sess. L. 1980, p. 147.

The Director, under regulations prescribed by the Director is authorized to pay such sums, not exceeding in the aggregate the sum appropriated therefor, as he may deem necessary for detecting and bringing to trial punishment persons guilty of violating the internal revenue laws, or conniving at the same, in cases where such expenses are not otherwise provided for by law. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2), Sess. L. 1980, p. 147.

When used in this subtitle, unless otherwise distinctly expressed or manifestly incompatible with the intent thereof- (1) "Director" means the Director of the Bureau of Internal Revenue or any other officer, employee, or agency of the Bureau of Internal Revenue duly authorized by the Director (directly, or indirectly by one or more redelegations of authority) to perform the function mentioned or described in the context, and the term "or his delegate" when used in connection with any other official of the Virgin Islands shall be similarly construed; (2) "domestic" when applied to a corporation or partnership means created or organized in the Virgin Islands; (3) "fiduciary" means a guardian, trustee, executor, administrator, receiver, conservator, or any person acting in any fiduciary capacity for any person; (4) "fiscal year" means an accounting period of 12 months ending on the last day of any month other than December; (5) "foreign" when applied to a corporation or partnership means a corporation or partnership which is not domestic; (6) "internal revenue laws" means the provisions of this subtitle (except the provisions of chapter 7 of this title) and the provisions of the Virgin Islands income tax law, and the provisions of article 11, chapter 21, Title 32 of the Virgin Islands Code; (7) "internal revenue tax" means any tax imposed by this subtitle (except the taxes imposed by chapter 7 of this title), and the Virgin Islands income tax law, and the provisions of article 11, chapter 21, Title 32 of the Virgin Islands Code; (8) "levy" includes the power of distraint and seizure by any means; (9) "partner" includes a member in partnership; (10) "partnership" includes a syndicate, group, pool, joint venture, or other unincorporated organization through or by means of which any business, financial operation or venture is carried on, and which is not, within the meaning of this subtitle or the Virgin Islands income tax law, a trust or estate or a corporation; (11) "person" includes an individual, a trust, estate, partnership, association, company or corporation; (12) "shareholder" includes a member in an association, joint-stock company or insurance company; (13) "stock" includes shares in an association, joint-stock company, or insurance company; (14) "taxpayer" means any person subject to any internal revenue tax; and (15) "Virgin Islands income tax law" means so much of the United States Internal Revenue Code as was made applicable in the Virgin Islands by the Act of Congress entitled "An Act making appropriations for the naval service for the fiscal year ending June 30, 1922, and for other purposes", approved July 12, 1921 (48 U.S.C. §1397). History: Amended Aug. 22, 1980, No. 4473, § 3(a), Sess. L. 1980, p. 147; Mar. 26, 1997, No. 6132, § 4(b)123, Sess. L. 1997, p. 21.

Except as otherwise expressly provided by law, the administration and enforcement of the internal revenue laws of the Virgin Islands, shall be performed by or under the supervision of the Director of the Bureau of Internal Revenue. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(1), Sess. L. 1980, p. 147.

Appointment and supervision (a) The Director is authorized to employ such number of persons as the Director deems proper for the administration and enforcement of the internal revenue laws, and the Director shall issue all necessary directions, instructions, orders and rules applicable to such persons. Bonds of employees (b) Whenever the Director deems it proper, he may require any such officer or employee to furnish such bond, or he may purchase such blanket or schedule bonds, as the Director deems appropriate. The premium of any such bond or bonds may, in the discretion of the Director, be paid from the appropriation for the collection of internal revenue taxes. Delinquent internal revenue officers and employees (c) If any officer or employee of the Bureau of Internal Revenue acting in connection with the internal revenue laws fails to account for and pay over any amount of money or property collected or received by him in connection with the internal revenue laws, the Director shall issue notice and demand to such officer or employee for payment of the amount which he failed to account for and pay over, and, upon failure to pay the amount demanded within the time specified in such notice, the amount so demanded shall be deemed imposed upon such officers or employee and assessed upon the date of such notice and demand, and the provisions of chapter 27 of this title and all other provisions of law relating to the collection of assessed taxes shall be applicable in respect of such amount. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2),(3), Sess. L. 1980, p. 147.

Authorization (a) Except where such authority is expressly given by this subtitle or the Virgin Islands income tax law to any person other than an officer or employee of the Bureau of Internal Revenue, the Director shall prescribe all needful rules and regulations for the enforcement of this subtitle and the Virgin Islands income tax law, including all rules and regulations as may be necessary by reason of any alteration of law in relation to internal revenue. Retroactivity of regulations or rulings (b) The Director may prescribe the extent, if any, to which any rulings or regulations relating to the internal revenue laws, shall be applied without retroactive effect. Preparation and distribution of regulations, forms, stamps and other matters (c) The Director shall prepare and distribute all the instructions, regulations, directions, forms, blanks, stamps, and other matter pertaining to the assessment and collection of internal revenue. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(2)(3), Sess. L. 1980, p. 147.

Cross references (a) The cross references in this Part to other portions of the subtitle or to the Virgin Islands income tax law, where the word "see" is used, are made only for convenience, and shall be given no legal effect. Arrangement and classification (b) No inference, implication, or presumption of legislative construction shall be drawn or made by reason of the location or grouping of any particular section or provision or portion of this subtitle or the Virgin Islands income tax law, nor shall any table of contents, table of cross references, or similar outline, analysis, or descriptive matter relating to the contents of this subtitle or the Virgin Islands income tax law be given any legal effect.

Except as otherwise provided in any section of this Part, the provisions of this Part shall take effect on the day after the enactment of this Code.

Sections 1011, 1285, 1521 - 1523, 1527, 1528, 1533, and 1624 of this title shall apply to the provisions of chapter 7 of this title. No other section or provision of this Part shall be construed as applying to or affecting in any manner, any provision of chapter 7, notwithstanding the language of any other provision of this Part to the contrary.

(a) All real property in the Virgin Islands subject to taxation must be assessed at 100 percent of its fair market value as calculated by using the assessment methods set forth in sections 2403 and 2404 of this chapter; (b) The Tax Assessor shall levy and collect on real property a tax at the mil rates for each classification of real property specified in this subsection as follows: (1) unimproved non-commercial real property, at .004946; (2) residential real property, at .003770; (3) commercial real property, at .007110; and (4) timeshare real property at .014070. (c) As used in this section (1) "Unimproved non-commercial real property" means any real property that is unimproved and is located in any residential or agricultural zoning district as set forth in title 29 Virgin Islands Code, chapter 3. (2) "Residential real property" means any real property on which a residence is located, including apartments, condominiums, cooperatives, but excluding timeshare real property. (3) "Commercial real property" means any real property that has on it improvements designed or intended for income production, or unimproved real property that is located in any business, commercial, gaming, industrial, public, special, or waterfront zoning district, as set forth in ttitle 29 Virgin Islands Code, chapter 3 Commercial real property includes buildings with five or more residential units. (4) "Timeshare real property" means any real property that is owned or leased by several persons jointly and in which the ownership or leasehold interests are for fixed periods of time. (d) The owner of unimproved real property in the Virgin Islands which the owner has acquired by a Class I inheritance, as defined in title 33 Virgin Islands Code, chapter 1, section 1, but not by gift, purchase, survivorship, or otherwise, and the unimproved real property consists of five acres or less, and any part of which is not exempt from the payment of real property taxes under any provision of the Virgin Islands Code, shall receive a tax credit equal to 80% of the real property taxes levied on the real property by the Tax Assessor, until $5,000 or more of improvements are made to the real property. Whenever $5000 of improvements are made, the property must be assessed pursuant to subsection (a). (e) In no event, may the application of exemptions and credits reduce the amount of tax due for any real property to an amount less than $180. History: Added Mar. 10, 2008, No. 6991, § 1, Sess. L. 2008, pp. 4, 5; amended Jan. 1, 2018, No. 7984, § 1(a), (b), Sess. L. 2017, p. 3; amended Sept. 25, 2018, No. 8073, § 1, Sess. L. 2018, p. 136.

(a) The proceeds of this tax and the taxes upon property heretofore levied under any tax law, including all surcharges, shall be covered into the general fund of the treasury of the Virgin Islands. (b) Notwithstanding the provisions of subsection (a) of this section, in addition to any other deposits that may be required by law, there shall be deposited from the proceeds of this tax $3,000,000 in the fiscal year ending September 30, 1986 and $1,500,000 in each fiscal year thereafter into the St. John Capital Improvements Fund created by section 3057 of this title. (c) Notwithstanding the provision of subsection (a) of this section and, after making the deposit required by subsection (b) of this section and any other deposits that may be required by law, the property taxes, if any, arising from the levies upon taxable real property in the United States Virgin Islands consisting of affordable housing units provided pursuant to this act shall be allocated as follows: (1) that portion of taxes levied upon each taxable lot, block, tract or parcel of real property which is developed under and pursuant to the program which is attributable to the "initial assessed value" of each such taxable lot, block, tract or parcel shall be allocated to and when collected shall be deposited by the Lieutenant Governor into the General Fund of the Treasury of the United States Virgin Islands. (2) that portion, if any, of such taxes which is attributable to the increase in the assessed value of each taxable lot, block, tract or parcel of real property which is developed under and pursuant to the program over and above the "initial assessed value" of such property (the "tax increment") shall be allocated to and when collected shall be deposited by the Lieutenant Governor to the Housing Trust Fund established pursuant to section 3074 of this title and applied as herein provided. The Tax Assessor shall determine, to the best of his ability, the assessed value, as of March 1, 1990, of each lot, block, tract or parcel of real property in the United States Virgin Islands which is developed under and pursuant to the program, and the value so ascertained shall be the "initial assessed value" of each such lot, block, tract or parcel of real property. The Lieutenant Governor shall thereafter be required to determine the tax increment resulting from positive increases in the assessed value of each such lot, tract, block, or parcel over and above the initial assessed value of each such piece of real property in order to ascertain the amount of taxes to be credited to the Housing Trust Fund. The tax increment in each year over and above the taxes attributable to the initial assessed value of such property shall be deposited in the Housing Trust Fund not later than twenty (20) days after the collection thereof by the Lieutenant Governor. History: Amended Nov. 7, 1983, No. 4877, § 208(b), Sess. L. 1983, p. 220; Aug. 13, 1984, No. 4981, § 1, Sess. L. 1984, p. 222; May 14, 1985, No. 5060, § 120, Sess. L. 1985, p. 37; Mar. 19, 1990, No. 5523, § 9, Sess. L. 1990, p. 62; June 8, 1990, No. 5575, § 4, Sess. L. 1990, p. 226; Dec. 22, 2007, No. 6976, § 3, Sess. L. 2007, p. 204.

All real property not in this subtitle expressly exempted from taxation shall be assessed and taxed.

The following property shall be exempt from taxation - (1) property of the United States, unless otherwise provided by the Congress of the United States; (2) property of the government of the United States Virgin Islands; (3) every building used and set apart exclusively for- (A) religious worship; or (B) educational, literary, scientific or charitable purposes - and every tract of land not exceeding five acres, upon which such buildings are situated, if such buildings and grounds are not used or leased with a view to the pecuniary profit of either owner or lessee; (4) all cemeteries, subject to the same condition as in subdivision (3) of this section; and (5) all property to the extent of the homestead exemption provided for in section 2305 of this title. (6) All improvements to real property which are funded with Federal Low Income Housing Tax Credits which are included in an Approved Affordable Housing Development Plan pursuant to title 29 Virgin Islands Code, chapter 16. This exemption shall be applicable only during the Internal Revenue Service extended use period and thereafter as long as the occupancy of 100% of the units in the building satisfies the requirements of Section 42 of the United States Internal Revenue Code, and the units meet the Housing Quality Standards of the Virgin Islands Housing Finance Authority. History: Amended Mar. 15, 1962, No. 834, § 2, Sess. L. 1962, p. 71; Apr. 7, 2010, No. 7161, § 14, Sess. L. 2010, p. 50; amended Jan. 19, 2023, No. 8685, § 1, Sess. L. 2022, p. 385.

(a) For the purposes of this section a homestead shall constitute the abode including land and buildings, owned by, and actually occupied by, the property owner, or by members occupied by, a person, or by members of the property owner's family free of rental charges. Rental of any portion of the homestead for any purpose shall not adversely affect the homestead protection provided for in subsection (b) of this section. (b) The tax credits set forth in paragraphs (1) through (4) are granted to eligible real property owners on real property taxes levied against their homesteads. The tax credits are exclusive, not cumulative, and with the exception of the Homestead Exemption, whereby individuals may have one additional tax credit to the homestead tax credit for each tax year, a property owner eligible for more than one of the following tax credits must elect a single tax credit for each tax year. The Tax Assessor shall provide: (1) A tax credit of $400 to property owners and their spouses who reside in the homestead; (2) A tax credit of $650 to property owners who are veterans or the widowed spouse of a veteran of the Armed Services of the United States of America. (A) For purposes of this paragraph, "veterans of the Armed Services of the United States" means those persons who were in the active service as determined by the Veterans Administration, and received a discharge from service other than a dishonorable discharge. (B) Notwithstanding the tax credit benefits granted in this subsection, any veteran of the Armed Services of the United States of America who has a service-related disability that has been determined by the Veterans Administration to entitle the veteran to receive compensation for permanent and total disability is exempt from the payment of all real property taxes levied by the Tax Assessor against the disabled veteran's homestead. (3) A tax credit of $500 to property owners who are 60 years of age or older on January 1 of the applicable taxable year. (A) For properties held by tenants by the entireties, if either spouse is 60 years or older on January 1 of the applicable tax year, the property owners are entitled to claim the tax credit. (B) The tax credit under this paragraph is available only when the property owner claiming the credit has an individual annual gross income of less than $30,000, and the annual gross income of the household is less than $50,000. (4) (A) A tax credit in the amount of $500 to property owners who have been found to suffer from a disability, as determined by the Social Security Administration, on January 1 of the applicable taxable year. (B) The tax credit under subparagraph (A) is available only when the property owner claiming the credit has an individual annual, gross income of less than $30,000, and the annual gross income of the household is less than $50,000. (5) [Repealed.] (c) A person desirous of establishing a homestead tax credit as provided for in this section shall execute an affidavit in such manner and form prescribed by the Lieutenant Governor. The affidavit shall be sworn to before a notary public or such personnel of the Office of the Tax Assessor as may be authorized for such purpose by the Lieutenant Governor. In such latter case notarial service for the purposes of this section shall be furnished free of cost to the deponent. (d) The homestead protection and tax credit provided in this section shall continue to attach to the property after the death of the owner thereof, and shall inure to the favor of the surviving spouse while the latter continues to occupy the said homestead, and after the death of both spouses, to the favor of their children until the youngest surviving of these shall have attained majority. In case either spouse shall abandon the home, the homestead protection and tax credit shall continue in favor of the spouse who occupies the property as a dwelling; and in the case of a divorce, the court which grants it shall make disposition of the homestead in accordance with the equity of the case. (e) In the case of an unmarried person, the homestead protection and tax credit shall continue to attach to the property after his death, and inure to the benefit of his ascendants and descendants to the fourth degree, his foster parents and adoptive, illegitimate or foster children who may reside with them, while the latter continues to occupy the said homestead and until the youngest surviving of the said persons shall have attained majority. (f) The tax credit granted in this section shall take effect during the taxable year corresponding to the date of assessment following the date on which the application was filed, except as provided in subsection (g) of this section. The tax credit granted in this section shall cease when the conditions and requirements prescribed in this section cease to exist and said property shall be subject to the imposition of real property taxes during the taxable year corresponding to the date of assessment following the date on which the necessary conditions and requirements for the enjoyment of said tax credit shall have ceased to exist. (g) The homestead protection and tax credit granted by this section shall apply for the taxable year 1961 to otherwise eligible properties the owners of which file the affidavits provided for in subsection (c) of this section, on or before August 15, 1962. (h) Whoever, with intent to obtain any benefits of the provisions of this section, knowingly and wilfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statement or representation, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, or conceals property belonging to him, or by fraudulent conveyance, sale, assignment or alienation disposes of the same, in order to make himself entitled to the benefits of this section, is subject to the fines and terms of imprisonment set forth in title 14 Virgin Islands Code, chapter 41 section 843. (i) The provisions of this section shall not apply to property acquired on a conditional sale contract or on installments, or on lease with a right to title, until the title has become effective by the total liquidation of the obligation; nor to sales, conveyances, transfers or alienations made for the purpose of evading the payment of real property taxes. (j) The Lieutenant Governor is hereby authorized to prescribe necessary rules and regulations to implement this section and paragraph (5) of section 2304 of this title, which rules and regulations upon approval of the Governor, shall have the force and effect of law. (k) The Lieutenant Governor shall publish in the local newspapers during the month of January of each year an announcement in regard to the provisions of this section and paragraph (5) of section 2304 of this title. History: Added Mar. 15, 1962, No. 834, § 3, Sess. L. 1962, p. 71; amended June 18, 1962, No. 909, § 3, Sess. L. 1962, p. 225; Mar. 4, 1966, No. 1599, § 1, Sess. L. 1966, p. 71; June 27, 1969, No. 2494, Sess. L. 1969, p. 205; Sept. 11, 1969, No. 2539, Sess. L. 1969, p. 263; Dec. 27, 1974, No. 3642, § 1, Sess. L. 1974, p. 270; July 9, 1980, No. 4453, Sess. L. 1980, p. 110; July 27, 1982, No. 4733, § 1, Sess. L. 1982, p. 123; Nov. 7, 1983, No. 4877, § 213(a), Sess. L. 1983, p. 224; June 18, 1986, No. 5172, § 4(a), Sess. L. 1986, p. 97; Aug. 28, 1987, No. 5275, § 8, Sess. L. 1987, p. 124; July 22, 1994, No. 5999, § 14, Sess. L. 1994, p. 130; Dec. 13, 1995, No. 6088, § 4, Sess. L. 1995, p. 239; Mar. 10, 2008, No. 6991, § 2(a)-(d), Sess. L. 2008, pp. 5-7; May 14, 2008, No. 7002, § 10, Sess. L. 2008, pp. 117, 118; Sept. 17, 2008, No. 7020, § 30, Sess. L. 2008, p. 250; Oct. 11, 2008, No. 7028, § 9, Sess. L. 2008, p. 375.

A real property tax credit of twenty percent of the taxes levied by the Tax Assessor against real property under a Certificate of Visitability pursuant to section 344 of Title 29 is granted to the eligible property owner for a total of ten years, unless title to the real property is conveyed to another. History: Added Nov. 10, 2011, No. 7320, § 2, Sess. L. 2011, p. 277.

(a) The Tax Assessor shall determine the percentage of real property the federal government owns on each island at the time the assessment of residential real property under section 2402(a) is made and shall grant a tax credit in that percentage against the taxes levied on the residential real property of an eligible real property owner. The credit, as determined, for a particular island, must be applied only to property located on that island when requested by an eligible real property owner. (b) As used in subsection (a), "eligible real property owner" means a real property owner who is eligible for a homestead exemption under this chapter and whose real property does not exceed $750,000 in assessed value. History: Added May 1, 2018, No. 8036, § 1, Sess. L. 2018, p. 52.

(a) Upon proper application to the Tax Assessor, an owner of homestead residential real property or unimproved property is entitled to a credit, not to exceed $5,000, equal to the amount by which the real property taxes calculated for the property for the prior year exceed two percent of gross household income, if: (1) The homeowner has been granted a homestead exemption for at least three out of the prior five tax years; or ownership of the unimproved property has been acquired by a Class I inheritance as defined in chapter 1, section 1 of this title; (2) Gross household income for a single property owner does not exceed $75,000, and gross household income for married property owners do not exceed $150,000; (3) The homeowner is current on all real property tax obligations, or current on an existing payment plan for outstanding property taxes; and (4) The homeowner has filed with the Office of the Tax Assessor an affidavit of gross income. (b) The credit applies only for the current tax year as of January 1, with no carryover credit allowed. (c) The amount of this circuit breaker tax is based on the gross building assessed value, or the gross land assessed value, and is phased out using the following schedule: Assessed Value of Real Property Eligible Percentage of Circuit Breaker Up to $400,000 90% $400,001 to $450,000 80% $450,001 to $500,000 70% $501,000 to $600,000 60% $601,000 to $750,000 50% (d) As used in this section, the following meanings apply: (A) "Gross household income" means all income from whatever source derived, including but not limited to, business income, salary, wages, tips, capital gains, dividends, interest, rents, pensions and alimony. (B) "Homestead" means a homeowner's principal residence, which is the place of the owner's true, fixed, and permanent home to which, whenever absent, the owner intends to return and continues as a principal residence until another principal residence is established. A homeowner shall have only one homestead at a time. History: Added May 1, 2018, No. 8036, § 2, Sess. L. 2018, p. 52, 53.

Taxes levied by the Tax Assessor upon real property shall be a first lien against the real property including any improvements that may be thereon or that may be subsequently placed thereon. The lien shall be prior to all other liens on the property whether they attached before or after this lien. However, the lien on each piece or parcel of real estate shall be only for the taxes due on such piece or parcel of real property and improvements thereon. History: Amended Mar. 10, 2008, No. 6991, § 3(a), Sess. L. 2008, p. 7.

When the real property is levied to any person or agent for another, or in a representative capacity, such person, agent, or representative shall have a lien upon that or any other real property of his principal in his possession, for the taxes thereon, until he is indemnified against the payment thereof, or, if he has paid the taxes, until he is reimbursed therefor. History: Amended Mar. 10, 2008, No. 6991, § 3(b), Sess. L. 2008, p. 7.

The Legislature hereby determines that the preservation of a maximum amount of the limited supply of farmland area is necessary to the viability of the territorial economy. The Legislature further determines that in a rapidly urbanizing society, the public has a definite interest in farmlands as open space and greenbelt areas, and that the preservation in agricultural production of such lands constitutes an important physical, social, cultural, aesthetic, and economic asset to existing and pending urban and metropolitan developments. With these determinations as a base, the Legislature declares that in order to promote and develop the interests and purposes set forth herein, the tax exemption established by this subchapter is a necessary element and is in the public interest. History: Added Mar. 29, 1968, No. 2142, § 1, Sess. L. 1968, Pt. I, p. 410.

There shall be an tax credit for the property owner of ninety-five percent (95%) of the real property taxes levied by the Tax Assessor against the total area of real property, including structures and improvements thereon, used actively and solely for agricultural or horticultural purposes, as determined in accordance with the provisions of this subchapter. History: Added Mar. 29, 1968, No. 2142, § 1, Sess. L. 1968, Pt. I, p. 410; amended May 16, 1974, No. 3572, § 1, Sess. L. 1974, p. 108; Mar. 10, 2008, No. 6991, § 4(a), Sess. L. 2008, p. 7.

(a) Real property shall be deemed to be "used actively and solely for agricultural or horticultural purposes" when devoted in a complete and active manner to the production for sale of plants or animals for purposes of human consumption or to the production of products used in the nutrition of plants or animals produced for purposes of human consumption, including but not limited to forage and sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock including beef, cattle, sheep, swine, goats and including the breeding and grazing of any or all such animals; bees; fruits, nuts, berries and vegetables of any kind or variety; aquatic species including, but not limited to, finfish, mollusks, crustaceans, or other aquatic invertebrates, amphibians, reptiles or aquatic plants; or when devoted or meeting the requirements and qualifications for a forestry and/or soil conservation program under an agreement with an agency of the Federal or Territorial Government. (b) The term "property owner" shall include- (1) individuals and firms, corporations, and any other legal entities or business associations; (2) lessees of real property; (3) trustees, executors, and administrators. History: Added Mar. 29, 1968, No. 2142, § 1, Sess. L. 1968, Pt. I, p. 410, 411; amended May 16, 1974, No. 3572, § 2, Sess. L. 1974, p. 108; May 25, 1983, No. 4813, § 4, Sess. L. 1983, p. 63; Mar. 10, 2008, No. 6991, § 4(b)(1), (2), Sess. L. 2008, p. 7.

An owner of real property in the Virgin Islands who files timely application shall receive the tax exemption granted by this subchapter on the total area of real property- (1) used actively and solely for agricultural or horticultural purposes; (2) located within an area, established pursuant to the official zoning map for the island involved, on which agricultural or horticultural uses are permitted. History: Added Mar. 29, 1968, No. 2142, § 1, Sess. L. 1968, Pt. I, p. 411; amended Mar. 10, 2008, No. 6991, § 4(c), Sess. L. 2008, p. 7.

(a) For the purposes of this subchapter, in determining the total area of real property used actively and solely for agricultural or horticultural purposes there shall be included the area of all real property under structures and improvements, such as barns and sheds, used in direct connection with such purposes; but real property under, and such additional real property as is actually used in connection with, the dwelling including real property used for lawns, flower gardens, shrubs, swimming pools, tennis courts, access roads, and for like purposes related to the use and enjoyment of the dwelling, and any other area of real property not used actively and solely for agricultural or horticultural purposes, shall be excluded in determining such total area. (b) For the purpose of determining whether real property qualifies for the exemption granted under this subchapter because of its use actively and solely for agricultural and horticultural purposes, the tax assessor shall make such determination for each and every tax year for which such exemption is sought and he shall make such determination only after written certification of use by the Commissioner of Agriculture. History: Added Mar. 29, 1968, No. 2142, § 1, Sess. L. 1968, Pt. I, p. 411, 412; amended Mar. 10, 2008, No. 6991, § 4(c), (d), Sess. L. 2008, pp. 7, 8.

Condemnation (a) When real property in agricultural or horticultural use and subject to the tax exemption granted by this subchapter, is applied to a use other than agricultural or horticultural, it shall be subject to additional taxes, hereinafter referred to as "roll-back taxes", in an amount equal to the exemption or exemptions granted for the current tax year (the year of change in use) and for such of the two tax years immediately preceding in which real property was granted the tax exemption under this subchapter. If the real property was not granted the tax exemption under this subchapter for the tax year in which the change in use of the real property occurs, then such real property shall be subject to roll-back taxes for such of the two years immediately preceding in which the real property was granted the exemption. (b) The collection, apportionment, and payment over of the roll-back taxes imposed by subsection (a) of this section, the attachment of the real property for such taxes, and the right of an owner to have reviewed any judgment of the tax assessor affecting such roll-back taxes, shall be governed by the procedures, except time limitations, provided for the taxation of omitted property under section 2413 of this subtitle, and provided for review and levy and collection set out in chapters 87 and 89 of this subtitle. Such procedures shall apply to each tax year for which roll-back taxes may be imposed. (c) The taking of real property which has been granted the tax exemption under this subchapter by right of eminent domain will not subject the real property so taken to roll-back taxes. History: Added Mar. 29, 1968, No. 2142, § 1, Sess. L. 1968, Pt. I, p. 412; amended Mar. 10, 2008, No. 6991, § 4(c), Sess. L. 2008, p. 7.

(a) If change in use of any real property occurs during the tax year, including the period between October 1, and December 31, the assessor shall deny or nullify the application and shall impose the full tax on the real property. If, notwithstanding such change in use, the exemptions under this subchapter is granted in any tax year, the tax assessor shall, upon the determination of the change in use, enter and impose an additional tax on the real property for the tax years involved in an amount equal to the exemption or exemptions granted. The additional tax imposed under this subsection shall be subject to appeal, and enforcement and collection as provided in this subtitle. (b) Eligibility of real property for the exemption granted by this subchapter shall depend only upon continuation of the use of real property for agricultural or horticultural purposes and compliance with the other requirements of this subchapter, and not upon continuation of the same ownership of the real property. Liability to the roll-back tax shall attach when a change in use of the real property occurs, but not when a change in ownership occurs if the new owner continues the real property in agricultural or horticultural use under the conditions prescribed in this subchapter. (c) Change in use of a part of the real property which has been granted the tax exemption under this subchapter, whether after conveyance or by other action of the owner of such real property, to a use other than agricultural or horticultural, shall subject that part of the real property with respect to which the change in use occurs to liability for the roll-back taxes applicable thereto, but will not impair the right of the remaining real property to the exemption granted by this subchapter, provided that it meets such conditions of this subchapter as may be applicable. History: Added Mar. 29, 1968, No. 2142, § 1, Sess. L. 1968, Pt. I, p. 413; amended Mar. 10, 2008, No. 6991, § 4(c), Sess. L. 2008, p. 7.

Nothing in this subchapter may in any manner affect the assessment of real property (whether or not used actively and solely for agricultural or horticultural purposes) under this chapter and chapter 85. History: Added Mar. 29, 1968, No. 2142, § 1, Sess. L. 1968, Pt. I, p. 413; amended Mar. 10, 2008, No. 6991, § 4(e), Sess. L. 2008, p. 8.

(a) Eligibility of real property for the exemption granted by this subchapter shall be determined for each tax year separately. Applications shall be submitted by the owner to the Lieutenant Governor for referral to the tax assessor on or before October 1, of the tax year for which such exemption is sought. (b) Application for the exemption under this subchapter shall be on a form prescribed by the tax assessor, with the approval of the Lieutenant Governor, and provided for the use of applicants by the assessor. A certification or a sworn statement by the real property owner that the facts set forth in the application are true shall be submitted with the application. A certification shall be considered as if made under oath. History: Added Mar. 29, 1968, No. 2142, § 1, Sess. L. 1968, Pt. I, p. 413; amended Mar. 10, 2008, No. 6991, § 4(c), Sess. L. 2008, p. 7.

(a) The assessor shall promulgate, amend or repeal such rules and regulations and prescribe such forms as he shall deem necessary to effectuate the purposes of this subchapter, subject to the approval of the Lieutenant Governor. (b) The pertinent provisions of chapter 77 of Title 14 of this code shall apply to every application, statement, and document and to all information presented to the Lieutenant Governor or to the tax assessor in any application for exemption under the provisions of this subchapter. History: Added Mar. 29, 1968, No. 2142, § 1, Sess. L. 1968, Pt. I, p. 414.

The Legislature hereby determines that there is a continuing and ever increasing need to preserve and protect natural areas, open spaces, the beaches and surrounding waters, historic sites, plant and animal life and the total scenic beauty which are the very essence of the Virgin Islands. With our continuing phenomenal economic growth and ever increasing population, the Legislature further determines that it is of vital importance to the general welfare of the people of the Virgin Islands that such areas and spaces be preserved in sufficient quantity, quality and diversity to meet the environmental needs of present and for future generations. It is further recognized by the Legislature that limited public funds and resources should be supplemented by the encouragement of private organizations in their efforts to acquire and preserve such natural areas and open spaces. For these reasons the tax exemptions established by this chapter are declared to be in the public interest. History: Added Aug. 8, 1969, No. 2522, § 2, Sess. L. 1969, p. 234.

(a) In addition to all other exemptions for taxation provided by law, there shall be exempt from property taxes all real property owned by or held in trust for any nonprofit organizations, when such property is (1) used for recreational purposes; or (2) held for the purpose of preserving open spaces, greenbelt areas, buffer zones or nature preserves; or (3) an historic site or museum location; or (4) used for scientific or educational purposes. (b) The exemption provided by subsection (a) of this section shall be conditioned upon such property being (1) open to the public under reasonable limitations, and (2) not itself used for any pecuniary profit inuring to the benefit of any individual shareholder or member of the nonprofit organization, and (3) upon the determination of the Commissioner of Planning and Natural Resources that such property is suitable for the purposes indicated hereinabove. (c) There shall be exempt from property taxes all real property owned by or held in trust for any nonprofit organization when such property is held subject to an option in the Government of the United States Virgin Islands or a subdivision thereof to acquire for public recreational, park, or like purposes at a price not exceeding its cost to such nonprofit organization, together with interest from the date of acquisition by the latter at a rate not exceeding six percent (6%) per annum, compounded no more often than annually, to the date such option be in fact exercised. Nothing shall preclude repeal or modification of the exemption from taxation herein granted, by any future legislature, but upon such legislation becoming effective the optioner may elect not to be bound by any previously qualifying option hereunder upon return of any consideration received therefor. History: Added Aug. 8, 1969, No. 2522, § 2, Sess. L. 1969, p. 234; Nov. 5, 1969, No. 2578, § 1, Sess. L. 1969, p. 379.

(a) Eligibility of real property for the exemption granted by this subchapter shall be determined by the tax assessor for each and every year for which such exemption is sought. Application for exemption shall be submitted by nonprofit organizations to the tax assessor on or before October 1 of the tax year for which such exemption is sought. (b) Application for the exemption under this subchapter shall be on a form prescribed by the tax assessor, with the approval of the Governor, and provided for the use of applicants by the assessor. A certification or a sworn statement by the proper officers of such applicant that the facts are set forth in the application are true shall be submitted with the application. A certification shall be considered as if made under oath. History: Added Aug. 8, 1969, No. 2522, § 2, Sess. L. 1969, p. 234; amended Nov. 5, 1969, No 2578, §§ 2, 3, Sess. L. 1969, p. 379; Mar. 10, 2008, No. 6991, § 5(a), Sess. L. 2008, p. 8.

(a) When real property subject to the tax exemption granted by this subchapter, is applied to a use which disqualifies it for exemption, it shall be subject to additional taxes, hereinafter referred to as "roll-back taxes", in an amount equal to the exemption or exemptions granted for the current tax year (the year of change in use) and for such of the three tax years immediately preceding in which real property was granted the tax exemption under this subchapter. If the real property was not granted the tax exemption under this subchapter for the tax year in which the change in use occurs, then such real property shall be subject to roll-back taxes for such of the three years immediately preceding in which the real property was granted the exemption. (b) The collection, apportionment, and payment over the roll-back taxes imposed by subsection (a) of this section, the attachment of the real property for such taxes, and the right of an owner to have reviewed any judgment of the tax assessor affecting such roll-back taxes, shall be governed by the procedures, except time limitations, provided for the taxation of omitted real property under section 2413 of this subtitle, and provided for review and levy and collection set out in chapters 87 and 89 of this subtitle. Such procedures shall apply to each tax year for which roll-back taxes may be imposed. (c) The acquisition of real property which has been granted the tax exemption provided by this subchapter by the Government of the United States Virgin Islands or a subdivision thereof shall not subject the real property so acquired to roll-back taxes. History: Added Aug. 8, 1969, No. 2522, § 2, Sess. L. 1969, p. 234; amended Mar. 10, 2008, No. 6991, § 5(a), Sess. L. 2008, p. 8.

(a) If change in use of any real property which qualifies it for exemption occurs during the tax year, including the period between October 1, and December 31, the tax assessor shall deny and nullify the application and shall impose the full tax on such real property. If, notwithstanding such change in use, the exemption under this subchapter is granted in any tax year, the tax assessor shall, upon the determination of such change in use, enter and impose an additional tax on such real property for the tax years involved in an amount equal to the exemption or exemptions granted. The additional tax imposed under this subsection shall be subject to appeal, and enforcement and collection as provided in this subtitle. (b) Eligibility of real property for the exemption granted by this subchapter shall depend only upon its continued eligibility under the provisions of this subchapter, and not upon the continuation of the same ownership of the real property, if the new owner is a nonprofit organization and it meets all other conditions for exemption described in this subchapter. (c) Change in use of a part of the real property which is being granted tax exemption under this subchapter, whether for conveyance or by other action of the owner of such real property, to a use other than that qualifying for exemption under this subchapter, shall subject that part of the real property with respect to which such change in use occurs to liability for the roll-back tax applicable thereto, but shall not impair the right of the remaining real property to the exemption granted by this subchapter, provided that it meets such conditions of this subchapter as may be applicable. History: Added Aug. 8, 1969, No. 2522, § 2, Sess. L. 1969, p. 234; amended Mar. 10, 2008, No. 6991, § 5(a), Sess. L. 2008, p. 8.

Nothing in this chapter and chapter 85 may in any manner affect the assessment of real property under this subtitle. History: Added Aug. 8, 1969, No. 2522, § 2, Sess. L. 1969, p. 234; amended Mar. 10, 2008, No. 6991, § 5(a), (b), Sess. L. 2008, p. 8.

(a) The Tax Assessor shall promulgate, amend, or repeal such rules and regulations and prescribe such forms as he shall deem necessary to effectuate the purposes of this subchapter, subject to the approval of the Governor. (b) The pertinent provisions of chapter 77 of Title 14 of this code shall apply to every application, statement, and document and to all information presented to the Governor or to the Tax Assessor in any application for exemption under the provisions of this subchapter. History: Added Aug. 8, 1969, No. 2522, § 2, Sess. L. 1969, p. 234; amended Nov. 5, 1969, No. 2578, §§ 4, 5, Sess. L. 1969, p. 379; Mar. 10, 2008, No. 6991, § 5(c), Sess. L. 2008, p. 8.

Assessment For the purpose of directing the work of the assessment of property, the preparation of the tax rolls and tax receipts corresponding thereto and the collection of the taxes, the Lieutenant Governor in addition to his other duties, shall have the direction and supervision of the assessment of property. And it shall be the duty of the Lieutenant Governor to cause to be prepared the necessary books, blanks and other forms required for prosecuting the work of revising and keeping complete the assessment of property as provided by this subtitle, and to publish such instructions as may be necessary for the guidance of taxpayers and for the instruction of the assessor. The Lieutenant Governor, through the Office of the Tax Assessor shall administer and enforce all laws relating to the assessment, levy and collection of real property taxes and to attachment and sale of real property for the non-payment of real property taxes. History: Amended Mar. 10, 2008, No. 6991, § 6(a), Sess. L. 2008, p. 8.

(a) Every deed of transfer of real property or interest therein and every mortgage or other security for debt secured by real property, shall be separately and specially recorded by the proper recorder of deeds, without compensation, in a special transfer book to be furnished by the Lieutenant Governor, which shall contain- (1) the date and consideration of the transfer or grant; (2) the name and residence of the grantee; (3) the name and residence of the grantor; (4) the name and residence of the person to whom said real property, interest in or debt secured by real property is assessed and taxed; and (5) a reference to the archives or records of the recorder of deeds in which the property is more fully described. (b) The recorder of deeds shall transmit the transfer book or the transcripts from the transfer book to the Lieutenant Governor at the direction of Lieutenant Governor. (c) The recorder of deeds shall transmit written notice of all transfers of real property to the Tax Assessor. (d) In addition to the duties outlined in this section, every five years, the Office of the Lieutenant Governor in collaboration with the Territorial Archivist of the Department of Planning and Natural Resources shall conduct an assessment of the cadastral and land records housed in his office, detailing the physical condition, location and accessibility of the cadastral and land records of the territory to the public. The Office of the Lieutenant Governor shall in its annual budget include an amount necessary to facilitate the assessment. This amount must meet the obligations required to complete a full assessment of the status of the land and cadastral records of the Territory. In keeping with Article 1, page 28 of the Convention between the United States and Denmark, Treaty Series No. 629, 39 Stat. 1706 in order to facilitate this assessment, the Lieutenant Governor's Office shall seek assistance from the Danish Archives, United States National Archives and the Territorial Archives offices. At the conclusion of the assessment, the Lieutenant Governor's office shall create a strategic plan to address the issues discovered based on the assessment and publish every five years the findings and collections of records under the management of the Lieutenant Governor's Office for submission to the Territorial Archivist. History: Amended Mar. 10, 2008, No. 6991, § 6(b), Sess. L. 2008, p. 8; amended May 16, 2014, No. 7588, § 1, Sess. L. 2014, p. 34, 35.

The Governor shall appoint a tax assessor, who shall have been domiciled in the Virgin Islands not less than three years. The tax assessor shall be attached to the office of the Lieutenant Governor and shall perform his functions and duties under the supervision and control of the Lieutenant Governor. In case the office of the tax assessor becomes vacant, the Governor shall appoint a person to fill such vacancy. History: Amended May 16, 1957, No. 160, § 84, Sess. L. 1957, p. 55, 56.

The assessor before entering on the duties of his office, shall take and subscribe an oath to perform well, faithfully and impartially the several duties of his office and shall execute a bond to the Government of the United States Virgin Islands with good and sufficient sureties to be approved by the Governor and the Legislature in such sum as shall be determined by them jointly. The Government of the United States Virgin Islands or any person aggrieved or injured by the willful neglect of duty of an assessor may recover upon such bond the amount lost to the Government of the United States Virgin Islands or person on account of such neglect of the assessor together with the costs of the suit.

(a) For the purpose of the assessment and collection of taxes, real property shall be deemed to be synonymous with immovables. (b) An immovable is a thing which from its nature, destination or the object to which it is applied, cannot move itself or be removed. (c) The following are immovables- (1) land, buildings and structures of every kind adherent to the soil; (2) everything attached to an immovable in a fixed manner in such a way that it cannot be separated from it without breaking the matter or causing injury to the matter; (3) machinery, vats or tanks, instruments or implements intended by the owner of the tenement for the industry or works that he may carry on in any building or upon any land, and which tend directly to meet the needs of the said industry or works, and which are fixed to the building or land; and (4) docks and structures, which, though floating, are intended by their nature and the object to which they are designated to remain in a fixed place in any harbor, bay, or any shore.

(a) The tax assessor shall once every five (5) years, upon actual view, value and assess all residential real property as defined in Section 2301(c)(2) of this title subject to taxation in the Virgin Islands. (1) If, as a result of a reassessment, the amount of real property tax for a homestead or unimproved property increases over 125% from the previous year's real property tax for the homestead or unimproved property, and the household income of the property owner is less than $135,000, the property owner shall receive a tax credit equal to 40% of the real property tax increase for the homestead or unimproved property, but the tax credit may not exceed $5,000. (b) The tax assessor shall at least once every five years, in accordance with the standards established in section 2404, upon actual view, value and assess all commercial property subject to taxation in the Virgin Islands. For purposes of this chapter "commercial property" shall mean real property owned by a person primarily for the income producing capabilities of such property including residential buildings with 5 or more units as defined in 29 V.I.C. § 332. (c) The Tax Assessor shall have access to the records of the Recorder of Deeds, the Commissioner of Public Works, or any other officer of the Government of the United States Virgin Islands, and shall list all alienations of the property subject to taxation and shall perform such duties as may be required by law. (d) The Tax Assessor shall, for all properties subject to taxation under the provisions of this section and connected to the public sewer system, determine the use or uses of said property to provide records which permit the implementation of Title 19, section 1534, Virgin Islands Code, and shall annually assess each owner of property which contains sanitary or other facilities connected to the public sewer system in accordance with the provisions of section 1534. (e) The Tax Assessor shall grant to each owner of real property located within the historical districts of Christiansted, Frederiksted and Charlotte Amalie a real property tax credit equal to 50 percent of the property tax assessment for the past two assessment years if the owner develops or improves the real property and the value of the development or improvement is more than $50,000. No property owner is eligible to receive this benefit until the Historic Preservation Commission certifies that the development or improvement is consistent with the Secretary of the Interior's standards for rehabilitation of historical structures. History: Amended Nov. 3, 1971, No. 3116, § 1, Sess. L. 1971, p. 341; May 14, 1985, No. 5060, § 111(a), Sess. L. 1985, p. 31; Sept. 23, 1988, No. 5363, § 1, Sess. L. 1988, p. 218; Nov. 7, 1988, No. 5394, § 9, Sess. L. 1988, p. 371; June 28, 1989, No. 5419, § 4(a), (b), Sess. L. 1989, p. 12; July 17, 1989, No. 5421, § 2(a), (b), Sess. L. 1989, p. 19; Aug. 4, 1989, No. 5427, § 2, Sess. L. 1989, p. 55; Oct. 31, 1998, No. 6269, § 10, Sess. L. 1998, p. 447; June 18, 2001, No. 6415, § 1(d)(2), Sess. L. 2001, p. 44; Aug. 2, 2002, No. 6534, § 2(a), Sess. L. 2002, p. 433; Feb. 27, 2003, No. 6574, § 1, Sess. L. 2003, p. 2; July 14, 2003, No. 6586, § 11, Sess. L. 2003, p. 37; Mar. 10, 2008, No. 6991, § 7(a)(1)-(3), (b), Sess. L. 2008, p. 9; amended May 1, 2018, No. 8036, § 3(a), (b), Sess. L. 2018, p. 53.

The Tax Assessor, in making the assessment or in revising existing assessments, shall list each piece or parcel of real estate separately, and give to each its assessed value, together with a description of the parcel and the name and address of the owner, insofar as such information can be obtained. Where real property embraces both land and improvements, the assessed value of the land and of the improvements shall be given separately. History: Amended Mar. 10, 2008, No. 6991, § 7(c), Sess. L. 2008, p. 9.

(a) In assessing the fair market value of real property, the Tax Assessor shall use the applicable standards promulgated by the International Association of Assessing Officers ("IAAO"), and shall promulgate such rules and regulation as necessary to implement the IAAO standards for all classifications of property set forth in section 2301(b) of this title. (b) The Tax Assessor may promulgate any rules necessary for the implementation of this chapter. (c) In computing the actual value of real property subject to taxation, the assessor shall exclude any additional value that the construction or installation of a renewable or alternative energy electric power production plant or device adds to the property's taxed value. (d) Any taxpayer who is not satisfied with the assessment of his real property is entitled to have his property re-assessed upon appeal to the Lieutenant Governor who shall cause the re-assessment to be completed and upon completion of the re-assessment, the Lieutenant Governor shall within seven working days respond in writing to the taxpayer. History: Amended May 14, 1985, No. 5060, § 111(b), Sess. L. 1985, p. 31; Mar. 10, 2008, No. 6991, § 7(d), Sess. L. 2008, p. 9; July 3, 2009, No. 7075, § 4, Sess. L. 2009, pp. 109, 110.

(a) The assessment of property, as the same appears on the tax roll last prepared, shall, after it has been corrected, amended and revised, as herein provided for, constitute the assessment roll for the current calendar year. As soon after January 1st of each year as possible, and not later than May 31st, the Tax Assessor shall fill out an assessment schedule showing in detail each separate piece of real property and improvements thereon, subject to taxation and belonging, on January 1st, to each taxable person whose property, in the opinion of the Tax Assessor should be revalued or reassessed for the purpose of taxation, or the revaluation of which has been requested by the owner thereof or by the government of the United States Virgin Islands, or by any property owner. The assessment roll shall be open to public inspection at any time. (b) The Tax Assessor may deliver such blank schedule or schedules, to which may be attached such interrogatories as he deems necessary in order to secure discovery of taxable property and its value, to any taxable person or to any adult member of his household or business establishment, and require said taxable person to issue and make the proper receipt for such schedule and return the same to him, properly filled out, within a period not to exceed ten days, and the taxable person shall make upon said schedule or schedules, a complete return and full valuation of all the real property owned, held or possessed by him and liable to taxation, and return the same to said Tax Assessor within the period of time appointed. Every partnership, concern, trustee, administrator, guardian, agent and every person having any manner of title, either legal or equitable, or having possession of, holding or claiming in any manner anything required to be returned in the schedule shall be held subject to the provisions of this subtitle and shall make return upon said schedule as provided in this section. (c) Whenever property is owned, held or possessed by more than one person as administrator, executor, trustee, or in any other fiduciary or representative capacity, any one of them may make the oath required by section 2406 of this title. Every schedule of partnership property shall be sworn to by at least one of the partners, and every schedule of corporate property shall be sworn to by the president, director or local agent. Every schedule of a limited liability company shall be sworn to by a member or manager. The Tax Assessor, however, shall not be bound in any manner by the list of property or the value placed thereon as thus returned by a taxpayer, but shall proceed upon the information as he may be able to obtain, to assess the property at its actual value, according to his best information. History: Amended Mar. 10, 2008, No. 6991, § 7(e), Sess. L. 2008, p. 10; amended Aug. 18, 2015, No. 7751, § 1, Sess. L. 2015, p. 48.

Every person liable to taxation under this subtitle shall, at the time of returning the list or schedule provided for in section 2405 of this title to the Tax Assessor, take and subscribe an oath to the following effect- I, ____________________, being duly sworn, say that to the best of my knowledge, information and belief, the foregoing statement contains a full, true and complete list of all property held or belonging to me (or to me as a partner, or in my possession as trustee, administrator, guardian, or agent) in the Virgin Islands, and that such property has been fully and fairly described and its true condition and value represented; and that all interrogatories relating thereto have been fully and truthfully answered; that I have in no case sought to mislead said Tax Assessor as to the quantity or quality of said property. ____________________ Subscribed and sworn to before me this ____________________ day of ____________________ 19____________________ Tax Assessor. ____________________ History: Amended Mar. 10, 2008, No. 6991, § 7(f), Sess. L. 2008, p. 10.

The Lieutenant Governor and the Tax Assessor shall administer the required oath or affirmation to any person or persons listing and valuing their property. No charge shall be made for the taking of the oath or affirmation. History: Amended Mar. 10, 2008, No. 6991, § 7(g), Sess. L. 2008, p. 10.

(a) Whoever- (1) fails to fill out and return the assessment schedule when so required by the assessor; (2) fails or refuses to take and subscribe any oath, affidavit or affirmation required by this subtitle- shall be fined a sum equal to 10% of the real property tax assessed or $5,000, whichever sum is lower or imprisoned not more than 1 year, or both and shall forfeit the right to appeal to the Board of Tax review under section 2451 of this title. (b) Whoever returns to the Tax Assessor a false or fraudulent list schedule, or statement is subject to the fines and terms of imprisonment set forth in title 14 Virgin Islands Code, chapter 41, section 843. History: Amended Aug. 2, 2002, No. 6534, § 2, Sess. L. 2002, p. 433; Mar. 10, 2008, No. 6991, § 7(h)(1), (2), Sess. L. 2008, p. 10.

In listing or valuing the property of persons who have made no return of the same, the Tax Assessor is authorized to examine under oath or affirmation any person who he may believe has knowledge of the amount and value of said property. For the taking or administering of said oath or affirmation, no charge shall be made. History: Amended Mar. 10, 2008, No. 6991, § 7(i), Sess. L. 2008, p. 10.

The Tax Assessor shall assess all real property to the person who is either the owner or in possession of the property as of January 1, and the person appearing of record as of January 1, shall be held to be the true owner thereof, starting with the FY 2013 bills, and similarly following each year thereafter. Except as otherwise provided, all taxes must be assessed as of January 1 of the calendar year with respect to which the taxes are assessed. Property characteristics and assessments are as of January 1 for the Calendar Year of which tax bills are issued. No deduction shall be allowed on account of any debt incurred by mortgage, conditional sale, contract, or other obligation upon said real property and the taxes so levied shall be a lien upon the property. History: Amended July 19, 2013, No. 7499, § 1, Sess. L. 2013, p. 34.

Every person owning property liable to taxation under this subtitle which has not been assessed for taxation, or which has escaped assessment or taxation for any year, shall report the same to the assessor.

The Tax Assessor shall- (1) whenever he makes any changes in the existing assessment of property of a taxpayer; or (2) whenever he assesses the real property of a taxpayer not previously assessed; or (3) whenever he makes any changes in the list and assessment of property as returned by a taxpayer who has been called upon to fill in a schedule showing his property subject to taxation- mail by regular mail notice of such action, which may be in the form of a tax bill to the taxpayer or person in charge of the property, to the address of the property or such other address as the taxpayer may have provided to the Tax Assessor. If a new assessment is made on the property, such notice shall be mailed no later than May 15th of the year the assessment is made. Any taxpayer aggrieved by the action of the Tax Assessor may institute a review of assessment under the provisions of chapter 87, Title 33, not later than September 15th of the year in which said notice is received. If a new assessment has not been made, the prior year's assessment must be applied to the current year's assessment. History: Amended May 5, 1961, No. 669, Sess. L. 1961, p. 24; Oct. 25, 1972, No. 3325, § 1, Sess. L. 1972, p. 474; May 16, 1974, No. 3572, § 5, Sess. L. 1974, p. 109; Mar. 10, 2008, No. 6991, § 7(i), Sess. L. 2008, p. 10; amended Aug. 18, 2015, No. 7751, § 2, Sess. L. 2015, p. 48.

Assessment; Reassessment of Improperly Assessed Property Whenever the Lieutenant Governor learns that any real property liable to taxation has been omitted from the assessment of property of any taxpayer for any year, he shall immediately cause the same to be assessed for the years for which such property has escaped assessment and to add such property to the tax rolls for such years and proceed to the collection of the taxes corresponding to the same and all surcharges accruing on account of such taxes not having been paid in due time, in the manner prescribed by this subtitle. If, however, the property has not been assessed and taxed through no willful default of the owner, the Commissioner of Public Administration 1may, in his discretion, remit the surcharge, in whole or in part. In all cases where property has been assessed for any year, but such assessment has been made in other than the name of the true owner or possessor, or has been so made as to be void, the Commissioner of Public Administration shall- (1) cance2413l such assessment and eliminate the same from the taxroll; (2) withdraw and cancel the tax receipts or bills corresponding to the same; (3) proceed to reassess such property and correct the tax-rolls accordingly; and (4) collect the taxes corresponding to such reassessment in the manner provided in this section for assessment and collection of taxes on real property that has improperly escaped assessment. In cases of the above nature where the tax has been paid by the wrong person, such payment shall be refunded by the Commissioner of Finance.

As fast as the assessment or revision of the assessment of property required by this subtitle is made, or at such intervals of time as may be fixed by the Lieutenant Governor, the Tax Assessor shall promptly transmit the completed schedules to the Lieutenant Governor, who shall cause the same to be examined, arranged and delivered to the Board of Tax Review. History: Amended Mar. 10, 2008, No. 6991, § 7(i), Sess. L. 2008, p. 10.

(a) Any person aggrieved by the action of the Tax Assessor in relation to the valuation of his property may make written complaint thereof to the Board of Tax Review; appeal forms shall be available at the division of the Office of the Tax Assessor where property taxes are paid and can be filed at the Office of the Tax Assessor. No such complaint or claim shall be considered by the Board unless it is presented no later than September 15th succeeding the year for which the assessment is made and no statements or arguments on behalf of such complaint or appeal shall be considered except those presented by the aggrieved person, his duly accredited agent or attorney. In addition, any complaint which does not contain proof of payment of the current assessment during the pendency of the appeal as required by subsection (b) of this section, shall be immediately dismissed by the Board of Tax Review. (b) A taxpayer who files an appeal from an assessment against him shall pay to the Tax Assessor, an amount equal to the full amount of the assessment for the tax year previous to that for which the assessment is being appealed plus 50% of the difference between the previous year's tax amount and the current tax year's amount. In addition, this amount shall be paid in succeeding years until the appeal is settled; provided that the decision of the Board of Tax Review shall be applied in all tax years paid under the provisions of this subsection as may be ordered by the Board. The payment of the taxes upon any property, due for the year for which an appeal from an assessment upon such property is taken, shall not prejudice the status of the appeal or the right of the appellant to prosecute such appeal before the Board of Tax Review. In the event that a taxpayer is successful in an appeal from an assessment of real property, the Tax Assessor shall refund any excess taxes paid within 30 days of the judgment of the Board of Tax Review. In the event that the Board of Tax Review increases the amount of the assessment, the taxpayer shall pay the balance due to the Tax Assessor within 30 days of the judgment of the Board of Tax Review. Notwithstanding any law to the contrary, if either the taxpayer or the Tax Assessor fails to make payments or refunds required pursuant to a decision of the Board of Tax Review, interest accrues on the principal amount of the payment or refund at four percent a year. History: Amended Oct. 25, 1972, No. 3325, § 2, Sess. L. 1972, p. 474; May 16, 1974, No. 3572, § 6, Sess. L. 1974, p. 110; Apr. 28, 1977, No. 3973, § 5, Sess. L. 1977, p. 53; July 27, 1982, No. 4733, § 5, Sess. L. 1982, p. 124; May 14, 1985, No. 5060, § 112(a), Sess. L. 1985, p. 31; Aug. 29, 1988, No. 5362, § 13, Sess. L. 1988, p. 217; Sept. 2, 1994, No. 6015, § 1, Sess. L. 1994, p. 201; Dec. 22, 2007, No. 6976, § 4(a), Sess. L. 2007, p. 204; Mar. 10, 2008, No. 6991, § 8(a), (b), Sess. L. 2008, pp. 10, 11.

The Board of Tax Review shall with respect to real property assessments hold such hearings within one hundred twenty (120) days of the filing of a written complaint, and in any event, unless the Governor for sufficient cause shall extend the time therefor in writing, not later than one hundred twenty (120) days after the last permissible date for the filing of a taxpayer's complaint or claim as provided in sections 2412(3) and 2451 of this title, and shall- (1) notify the aggrieved person or his representative to appear at one of its hearings; (2) hear the appeal and determine any questions arising before it which relate to the liability of the property to assessment, or to the amount thereof; and (3) upon recording its determination, order the assessment books or schedules to be corrected in accordance with its decision. History: Amended May 16, 1974, No. 3572, § 7, Sess. L. 1974, p. 110; July 27, 1982, No. 4733, § 6, Sess. L. 1982, p. 125; July 14, 2003, No. 6586, § 4, Sess. L. 2003, p. 35.

(a) The Board of Tax Review in any proceeding under this subtitle may lessen or increase the valuations made in any schedule returned to it whether a complaint has been made in relation thereto or not. It shall decide all complaints in respect to the assessment of taxes and correct all errors made therein. However, no increase shall be made in the valuation of the property of any person unless such person shall have been given at least 14 days' notice of the intention to make such increase, in the manner provided for in section 2412 of this title. (b) In any proceeding authorized by this subtitle, the Board of Tax Review may examine on oath or affirmation, any person who may have knowledge of or information about property subject to taxation. Any member of the Board may administer the oath or affirmation. (c) The Board of Tax Review may designate hearing officers, qualified by training or experience in the areas of law, tax, or accounting, to conduct hearings under this chapter, to compile evidence and establish findings of fact, but the final substantive decision in all appeals or complaints under this chapter shall be made by the Board of Tax Review. (d) The decision of the Board of Tax Review in all matters coming before it under this subtitle shall be final unless the taxpayer, within 30 days after receipt from the Board of the notice provided in section 2454 of this title, petitions the Superior Court of the Virgin Islands for a review. A copy of this petition must be served on the Chairman of the Board of Tax Review. The Superior Court may modify, reverse or affirm the decision of the Board of Tax Review. History: Amended July 14, 2003, No. 6586, § 5, Sess. L. 2003, p. 35; Mar. 10, 2008, No. 6991, § 8(c), (d), Sess. L. 2008, p. 11.

(a) Every appeal decided by the Board under this subtitle and every valuation changed by the Board shall be recorded in a book provided by the Lieutenant Governor for such purpose, and the appellant or owner of the property, the valuation of which has been changed or whose rights have been affected by said decision shall be notified of the same in writing and entry shall be made in the record of the Board that the notices required by this section to be sent to taxpayers have been given or mailed, which entries shall be conclusive evidence of the giving or mailing of the notices required. (b) Every valuation changed by the Board under this subtitle shall be recorded by the Tax Assessor on the assessment roll required by section 2405 of this title. History: Amended July 27, 1982, No. 4733, § 4, Sess. L. 1982, p. 124.

Clerical Assistance In any proceeding under this subtitle, the Board of Tax Review shall deliver to the Lieutenant Governor all the books, schedules, records and papers which may have been received or used by it in its work of correction and revision. The Lieutenant Governor shall furnish the Board with the clerical assistance, books, and stationery necessary for the proper execution of its duties.

(a) There is established in the Treasury of the Government of the Virgin Islands a separate and distinct fund designated as "The Office of the Tax Assessor's Revolving Fund." The Commissioner of Finance shall provide for the administration of the Fund, and no monies shall be available for expenditure from the Fund except as provided by this section. (b) The Fund shall consist of one percent of the real property taxes collected annually by the Tax Assessor or an amount not to exceed $500,000 per annum and one percent of all real property taxes collected when two or more real property tax bills are issued in one calendar year, beginning with the calendar year 2007, and such sums as may be appropriated from time to time by the Legislature, all of which shall remain available until expended. (c) Monies shall be disbursed from the Fund by the Commissioner of Finance upon the authorization of the Tax Assessor, for the purpose of purchasing and maintaining data processing equipment, for staffing and training of personnel, and for the purchase and procurement of such other necessary supplies, equipment and professional services as may be determined to be necessary by the Tax Assessor for maintaining and improving the Office of the Tax Assessor. (d) The Commissioner of Finance shall maintain a record of all monies deposited into and disbursed from the Fund and shall annually report to the Governor and the Legislature on the status of the Fund. History: Added July 14, 2003, No. 6586, § 6, Sess. L. 2003, p. 35; amended Dec. 22, 2007, No. 6976, § 4(b), Sess. L. 2007, p. 204; Mar. 10, 2008, No. 6991, § 8(e), (f), Sess. L. 2008, p. 11; amended Oct. 7, 2015, No. 7758, § 4, Sess. L. 2015, p. 84.

When the schedules containing the assessments have been duly examined, verified, corrected and revised as provided in this subtitle, the Lieutenant Governor shall cause the same or the tax-rolls corresponding thereto, to be securely filed with appropriate titles and indexes, if necessary. No file shall contain the schedules or tax-rolls of more than one district and when endorsed and signed by the Tax Assessor said schedules or tax-rolls shall constitute the assessment file of the district to which it relates, in accordance with which the tax provided by law shall be levied and collected. Upon receipt from the chairman of the Board of Tax Review of any final decisions on duly filed appeals of real property tax assessments and/or levies, the Tax Assessor shall indorse and sign upon each assessment file as corrected in accordance with the decision of said Board a statement to the effect that the same is the assessment file for the district to which it relates, and said assessment file shall, when so endorsed constitute the assessment of property for purposes of taxation for the year. History: Amended Mar. 10, 2008, No. 6991, § 9(a), (b), Sess. L. 2008, p. 11.

Records to Commissioner of Finance For Collection The Lieutenant Governor shall compute, upon the assessed valuation of the property of each person recorded in the assessment records, the amount of taxes and public sewer system user fees to be paid by such person and such amount shall be entered, with sufficient particularization and description of the persons and property taxed or charged a public sewer system user fee, upon suitable records. The Lieutenant Governor shall deliver in due time, to the Commissioner of Finance, such tax and public sewer system user fee receipts or tax-rolls and itemization of public sewer system user fees as may be necessary and the Lieutenant Governor shall be responsible for the collection of the taxes and public sewer system user fees. The possession of such tax and public sewer system user fee receipts or tax-rolls and itemization of public sewer system user fees for the taxes and public sewer system user fees due upon any property shall be sufficient warrant, on the part of the Lieutenant Governor, for the collection of said taxes and public sewer system user fees and for the attachment and sale of said property, in the manner hereinafter provided, if said taxes and public sewer system user fees are not paid within the period of time provided in section 2494 of this title. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(1), Sess. L. 1980, p. 147; Oct. 26, 1982, No. 4755, § 10(c)(1), Sess. L. 1982, p. 173; July 17, 1989, No. 5421, § 2(c)(1)-(4), Sess. L. 1989, p. 19; Dec. 22, 2007, No. 6976, § 5(b), Sess. L. 2007, p. 204.

Sewer System User Fee No change shall be made in the assessment of any property during any year because of its transfer or other alienation. However, if real estate is divided by sale or partition after a tax and public sewer system user fee has been levied thereon and such division has been duly recorded in the office of the recorder of deeds, the assessor at any time before said real estate may have been sold for payment of taxes and public sewer system user fees, upon the written request of the owners of any portion thereof, shall apportion the assessment, and the Lieutenant Governor shall apportion said taxes and public sewer system user fees, and the costs and interest accruing thereon, upon said parcels thereof in proportion to the value of each, and only the portion of said taxes and public sewer system user fees, interests and costs so apportioned upon any such parcel shall continue to be lien upon it and the owner shall be liable only for the tax and public sewer system user fee apportioned upon the parcel owned in part or in whole by him. The assessor shall send notices of the request for such apportionment by mail to every person interested in said real estate whose address is known to him. A person aggrieved by an action of the assessor in making such apportionment may appeal to the Board of Tax Review, in like manner as in case of complaint against original assessment or re-assessment, and the decision of the Board upon such appeal shall be final. In all cases where property has been transferred subsequent to the date of which the bill or receipt for tax and public sewer system fee on such property has been made out and placed in the hands of the Virgin Islands marshal and probation officer of the Superior Court for collection, or where such transfer has taken place prior to such date, but the notice of such transfer was not received by the Lieutenant Governor in time to make the bill or receipt for taxes and public sewer system user fees in the name of the new owner the taxes and public sewer system user fees shall be paid in the name of the person appearing upon said bill or receipt for taxes and public sewer system user fees, but the new owner may pay the taxes and public sewer system user fees called for by said bill or receipt and require the Lieutenant Governor to make note on the back of the bill or receipt to the effect that the tax-bill was paid by him. History: Amended Apr. 20, 1960, No. 529, § 1, Sess. L. 1960, p. 35; Feb. 8, 1965, No. 1291, Sess. L. 1965, Pt. I, p. 11; Sept. 9, 1976, No 3876, § 5, Sess. L. 1976, p. 197; Aug. 22, 1980, No. 4473, § 3(a)(1), Sess. L. 1980, p. 147; Oct. 26, 1982, No. 4755, § 10(c)(1), Sess. L. 1982, p. 173; July 17, 1989, No. 5421, § 2(c)(1), (4), Sess. L. 1989, p. 19; Dec. 22, 2007, No. 6976, § 5(b), Sess. L. 2007, p. 204; amended July 30, 2016, No. 7888, § 11, Sess. L. 2016, p. 113.

Fees; Penalty The taxes and public sewer system user fees imposed by this subtitle or public sewer system user fee imposed by Title 19, section 1534, Virgin Islands Code shall be due and payable on June 30th of each year. Such taxes and public sewer system user fees shall become delinquent if not paid by August 30th of each year, unless the Lieutenant Governor, or his authorized representative, has arranged a quarterly installment schedule or any other method of collection, such as payroll deduction, which by regulation, the Lieutenant Governor may prescribe for the payment of the outstanding taxes. The Lieutenant Governor may waive all penalties and interest. The Lieutenant Governor shall collect an additional sum of one percent of the amount due for each month or fraction thereof for which the taxes and public sewer system user fees are delinquent not to exceed 25 percent of the amount due. Notwithstanding the provisions of this section, whenever the issuance of property tax assessments is delayed, the Governor may, by Executive Order, extend the time for payment, the date of delinquency, and the date for the appeal, in order to afford equitable treatment for taxpayers receiving delayed assessments. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(1), Sess. L. 1980, p. 147; Oct. 14, 1981, No. 4635, § 10(a)(1), Sess. L. 1981, p. 218; Oct. 26, 1982, No. 4755, § 10(c)(1), Sess. L. 1982, p. 173; Sept. 18, 1984, No. 4987, § 1, Sess. L. 1984, p. 228; May 14, 1985, No. 5060, § 107(c), Sess. L. 1985, p. 26; Oct. 28, 1985, No. 5106, § 4, Sess. L. 1985, p. 154; Aug. 2, 1988, No. 5356, § 7, Sess. L. 1988, p. 203; Sept. 23, 1988, No. 5363, § 3, Sess. L. 1988, p. 219; July 17, 1989, No. 5421, § 2(d)(1)(a), (b), Sess. L. 1989, p. 19; Jan. 7, 1992, No. 5824, § 23(b), Sess. L. 1992, p. 177; Aug. 18, 1993, No. 5883, § 2(a), Sess. L. 1993, p. 202; Jan. 13, 1994, No. 5948, § 104(a), Sess. L. 1993, p. 336; Apr. 6, 1994, No. 5966, § 10(A), Sess. L. 1994, p. 36; Dec. 30, 1994, No. 6064, § 11, Sess. L. 1994, p. 317; May 8, 1995, No. 6070, § 21, Sess. L. 1995, p. 184; Jan. 5, 1998, No. 6190, §§ 1, 2, Sess. L. 1997, p. 108; Oct. 17, 2005, No. 6793, § 15, Sess. L. 2005, pp. 355, 356; Dec. 22, 2007, No. 6976, § 5(a), (b), Sess. L. 2007, p. 204.

Real Property Taxes (1) The Lieutenant Governor, on behalf of the Government of the United States Virgin Islands, is authorized to accept real property in lieu of the payment of, or to satisfy a debt resulting from the non-payment of real property taxes owed to the Government. (2) Upon written request by a taxpayer, the Tax Assessor shall, upon actual view, value and appraise each property offered to the Government under subsection (a) of this section. The Tax Assessor shall have access to the records of the Recorder of Deeds, the Commissioner of Public Works, or any other officer of the Government of the United States Virgin Islands for purposes of appraising the property. The method of appraisal and factors to be considered shall be pursuant to sections 2403 and 2404 of this title. Upon completion of each appraisal, the Tax Assessor shall prepare a written statement of the market value of the real property, including a listing of all alienation of the property subject to taxation and all liens against the property, accompanied by a comprehensive statement of the unit prices or factors included or the method used in the computation of the total value, and promptly transmit it to the Lieutenant Governor. The taxpayer shall bear all costs associated with the appraisal. (3) No real property shall be accepted for a less amount than the outstanding taxes, plus penalties and costs. Notwithstanding Title 31, chapter 23, the Lieutenant Governor shall accept the real property in the name of the Government of the United States Virgin Islands in the amount of the outstanding taxes, plus penalties and costs, although the appraised market value of the property may exceed such amount. If after appraisal, the value of the real property to be accepted in lieu of the payment of property taxes exceeds the property tax, penalties and costs due, the taxpayer shall have the difference in value credited towards any current or future property tax obligation owed the Government. (4) No acceptance of real property under this section shall be effective unless first approved by the Legislature's Committee on Housing Parks and Recreation; provided, however, if the Legislature's Committee on Housing Parks and Recreation has not acted to disapprove such acceptance within thirty (30) working days after receipt thereof, the acceptance shall be deemed approved and ratified. (5) The Tax Assessor and Lieutenant Governor of the Office of the Lieutenant Governor, shall promulgate such rules and regulations as may be necessary to carry out the provisions of this section in a prompt, fair and efficient manner; except that any costs associated with the exchange of real property by a taxpayer to satisfy an outstanding real property tax obligation shall be borne by the taxpayer. (6) Any real property accepted by the Government pursuant to this section shall be conveyed and used by the Housing Finance Authority to provide affordable housing and home ownership, as provided under title 21, of this Code or by the Department of Housing, Parks and Recreation for development of recreational facilities, including car racing tracks. History: Added Mar. 24, 1998, No. 6215, § 1, Sess. L. 1998, p. 213; amended Aug. 7, 2001, No. 6426, § 1, Sess. L. 2001, p. 137; Sept. 29, 2004, No. 6684, § 3, Sess. L. 2004, p. 165; Dec. 22, 2007, No. 6976, § 5(a)- (c), Sess. L. 2007, p. 204; May 14, 2012, No. 7350, § 3, Sess. L. 2012, p. 43; amended Oct. 5, 2012, No. 7442, § 1, Sess. L. 2012, p. 340.

The Tax Assessor's Office shall send notices of payment due to all property holders in the Virgin Islands, by certified mail, to their last known mailing address before June 30 of each year. The Tax Assessor shall include in the notices the amount of any unpaid delinquent taxes and public sewer user fees past due at the time of the notice and the information contained in general notice set forth in section 2496. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(1), Sess. L. 1980, p. 147; Oct. 26, 1982, No. 4755, § 10(c)(1), Sess. L. 1982, p. 173; Sept. 18, 1984, No. 4987, § 2, Sess. L. 1984, p. 228; July 17, 1989, No. 5421, § 2(d)(2)(a), (b), Sess. L. 1989, p. 19; Jan. 13, 1994, No. 5948, § 104(b), Sess. L. 1993, p. 336; Aug. 26, 1994, No. 6006, § 10, Sess. L. 1994, p. 149; Aug. 20, 2010, No. 7186, § 1, Sess. L. 2010, p. 124.

Delinquency Within sixty (60) days after the date on which taxes and public sewer user fees become delinquent, the Lieutenant Governor shall publish the names of all delinquent real property tax owners once in a different newspaper of general circulation in each island district, and such publication shall be deemed as notice to the taxpayer of the impending sale of the real property at public auction. Said general notice shall state that unless such delinquent taxes and public sewer system user fees, together with the interest provided for by section 2494 of this title, are paid within a period of 30 days from the publication date of the said notice, the property of the taxpayer will be attached and sold in the manner provided in this subtitle. History: Amended Nov. 5, 1969, No. 2577, Sess. L. 1969, p. 378; Aug. 22, 1980, No. 4473, § 3(a)(1), Sess. L. 1980, p. 147; Oct. 14, 1981, No. 4635, § 10(b), Sess. L. 1981, p. 219; July 17, 1989, No. 5421, § 2(c)(1), (4), Sess. L. 1989, p. 19; Oct. 31, 1998, No. 6269, §§ 2(b), (c), Sess. L. 1998, p. 444; Dec. 22, 2007, No. 6976, § 5(b), Sess. L. 2007, p. 204.

(a) As used in this section: "Escrow agent" means any person in possession of escrow money. "Escrow money" means any money held by a bank or other financial institution for any real property manager for the purpose of paying property taxes and public sewer system user fees under Title 33, Virgin Islands Code. (b) Notwithstanding any other law, all escrow agents shall on a quarterly basis transfer all escrow money held by them to the Lieutenant Governor, beginning with money held in escrow for calendar year 1985 taxes and public sewer system user fees. The Lieutenant Governor shall credit the amount of tax and public sewer system user fee paid each quarter to the property for which it is paid. (c) Any escrow agent that fails to comply with this section shall be fined $100 for each quarterly payment which it fails to make as required by this section. History: Added Aug. 19, 1985, No. 5085, § 2(a), Sess. L. 1985, p. 85; amended Aug. 26, 1985, No. 5090, § 5(a), Sess. L. 1985, p. 107; July 17, 1989, No. 5421, § 2(c)(1), (4), Sess. L. 1989, p. 19; Dec. 22, 2007, No. 6976, § 5(a), (b), Sess. L. 2007, p. 204.

(a) As used in this section, unless the context otherwise requires: (1) "Lieutenant Governor" means the Lieutenant Governor of the United States Virgin Islands. (2) "Disabled" means: (i) a person who has physical or mental impairment, including, but not limited to, those of neurological, emotional, or sensory origins which substantially limits one or more of a person's major life activities; (ii) a person who has a history record of such an impairment; or (iii) a person who is certified by a licensed physician of the Virgin Islands to have such impairment. (3) "Eligible taxpayer" means a senior citizen or disabled owner-occupant of residential real property consisting of no more than three family dwelling units. (4) "Senior citizen" means a person who is sixty-five (65) years of age, or older, as of the last date on which an application pursuant to this section may be made. (b) The Lieutenant Governor shall enclose with the statement of real property taxes for senior citizens and disabled homeowners, as provided under chapter 81 of this title, a notice that any taxpayer who owns residential real property consisting of no more than three (3) family dwelling units and who is age sixty-five (65) years, or older, or who is disabled is eligible for a third party notification procedure if desired. Such notice shall state that: (1) any eligible taxpayer wishing to participate in the third party notification procedure must designate an adult third party to receive notification; (2) that the designated third party must consent to such notification; (3) where the appropriate application form may be obtained; and (4) that an application form must be filed with the Lieutenant Governor's office no later than a specific date, which date shall be no earlier than sixty (60) days prior to the levy of taxes under this chapter. Duplicates of subsequent tax bills and notices of unpaid taxes shall be mailed to such third party until such time as the property owner notifies the Lieutenant Governor in writing that the third party procedure should cease. The Lieutenant Governor must mail an application form to any eligible taxpayer who makes such request. (c) (1) An eligible taxpayer may request a duplicate tax statement and a duplicate copy of any statement relative to unpaid real property taxes which are required by this section to be sent to an adult third party. Such request shall be made on a form prescribed by the Lieutenant Governor and shall be submitted to the Lieutenant Governor no later than sixty (60) days prior to the levy of taxes. The form must provide a section whereby the designated third party shall authorize consent to such designation. The request for a duplicate tax statement and a duplicate copy of any statement relative to unpaid real property taxes shall be effective upon receipt by the Lieutenant Governor. (2) The Lieutenant Governor shall maintain a list of all eligible property owners residing in the Virgin Islands who have requested duplicate tax statements and a duplicative copy of any statement relative to unpaid real property taxes. (3) A duplicate tax statement must be sent by the Lieutenant Governor to the third party designated by an eligible taxpayer at the same time and in the same manner as the statement of taxes is given to the eligible taxpayer. The duplicate tax statement must carry the following legend, either imprinted thereon, or on an enclosure: "Duplicate Tax Statement. This statement is sent to you at the request of the property owner shown on the statement with the expectation that you will help the property owner avoid late payment of the enclosed tax bill, although you are under no legal obligation to do so. Your cooperation is greatly appreciated." (4) A duplicate copy of any statement relative to unpaid taxes required by this section must be mailed to the third party designated by the eligible taxpayer at the same time and in the same form as the statement of unpaid taxes is given to the eligible taxpayer. The duplicate copy of such statement must carry the following legend, either imprinted thereon or on an enclosure: "Duplicate Delinquency Statement. This statement is sent to you at the request of the property owner shown on the statement in the expectation that you will help the property owner to make payment of the delinquent taxes indicated on the enclosed notice of delinquency, although you are under no legal obligation to do so. Your cooperation and assistance are greatly appreciated." (5) Failure to mail any duplicate statement required by this section, or the failure of any third party to receive the same shall not affect the validity of the levy, collection, or enforcement of such taxes. History: Added May 24, 1990, No. 5563, Sess. L. 1990, p. 196; amended Dec. 22, 2007, No. 6976, § 5(a), (b), Sess. L. 2007, p. 204.

Protest (a) Whenever an officer charged by law with the collection of taxes and public sewer system user fees imposed by this subtitle, institutes any proceeding or any steps for the collection of the same, alleged or claimed by such officer to be due from any person, the party against whom the proceedings or steps are taken shall, if he conceives the same to be unjust or illegal, pay the same under protest. (b) Upon receipt of a payment under protest, the Commissioner of Finance shall pay such revenue into the treasury, giving notice at the time of the payment to the Lieutenant Governor that the same was paid under protest. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(1), Sess. L. 1980, p. 147; Oct. 26, 1982, No. 4755, § 10(c)(1), Sess. L. 1982, p. 173; Sept. 13, 1984, No. 4987, § 3, Sess. L. 1984, p. 228; Dec. 19, 1984, No. 5029, § 1, Sess. L. 1984, p. 411; July 17, 1989, No. 5421, § 2(c)(1), Sess. L. 1989, p. 19.

Paid Under Protest The party paying the tax and public sewer system user fee under protest may, at any time within 60 days after making said payment, and not thereafter, sue the Lieutenant Governor for recovery of the amount paid in the court having competent jurisdiction. If it is determined that the tax and public sewer system user fee was wrongfully collected the court may certify of record that the same was wrongfully paid, and shall be refunded and thereupon the Lieutenant Governor of Finance shall repay the same. History: Amended Aug. 22, 1980, No. 4473, § 3(a)(1), Sess. L. 1980, p. 147; Oct. 26, 1982, No. 4755, § 10(c)(1), Sess. L. 1982, p. 173; Sept. 18, 1984, No. 4987, § 4, Sess. L. 1984, p. 229; July 17, 1989, No. 5421, § 2(c)(4), Sess. L. 1989, p. 19; Dec. 22, 2007, No. 6976, § 5(b), Sess. L. 2007, p. 204.

Attachment of Property (a) The Lieutenant Governor shall proceed, pursuant to the provision of subsection (b) of this section, to collect by the attachment and sale of the property of the delinquent taxpayer, any taxes and public sewer system user fees which are paid within the period prescribed in section 2496 of this title. (b) The Lieutenant Governor shall prepare a written notice of attachment of the real property on which the taxes and public sewer system user fees are owing by the delinquent taxpayer. This notice shall contain the amount of the delinquent taxes and public sewer system user fees and the interest provided for by section 2494 of this chapter, and shall contain a statement that if all the taxes and public sewer system user fees, penalties and costs are not paid within the period prescribed in section 2546 of this title, the property shall be sold at public auction. This notice shall also contain the date of the public auction at which the property will be sold for unpaid taxes as well as the date upon which the period to redeem the delinquent real property expires. The attachment shall be enforceable as soon as notice thereof shall have been served by leaving a copy with the debtor himself or any member of his family or attendants of legal age, a record of which service shall be noted down for subsequent action. When the debtor, a member of the debtor's family or attendants cannot be found, the Lieutenant Governor shall leave the notice with two neighbors of the debtor who shall be witnesses of the service of the notice, or, if no witnesses can be found willing to receive the notice as certified by affidavit, then the notice shall be (1) mailed to the debtor's last known address and published in a newspaper of general circulation once a week for four consecutive weeks, and (2) posted in the post office nearest to the attached property or posted on the bulletin board of the Superior Court of the Virgin Islands on the island of the attached property, whichever place is reasonably calculated to apprise the debtor of the attachment. After the levy of the attachment the Lieutenant Governor shall have affixed to the notice a certificate describing the property attached, and shall cause the said certificate to be recorded in the real property register in the office of the recorder of deeds. The certificate shall contain - (1) The name of the delinquent taxpayer, if known: (2) The assessed value of his property; (3) The amount of taxes and public sewer system user fees, penalties, and costs thereon; and (4) A description of, the situation of, and the approximate boundaries of the property attached in favor of the Government of the Virgin Islands. (c) Every notice of attachment for delinquent taxes and public sewer system user fees, shall have the effect of a judgment against all of the real and personal property of the delinquent attached, and every lien herein created shall have the force and effect of an execution duly levied. In all cases where real estate is attached and is to be sold for the payment of taxes and public sewer system user fees the Lieutenant Governor shall notify all persons having a mortgage or other lien of record on said property at least two weeks prior to the sale of said property. (d) The Lieutenant Governor may elect to proceed to collect any due property taxes and public sewer system user fees that are unpaid within the period prescribed in section 2496 of this title pursuant to a judicial foreclosure in rem proceedings brought against the property of the delinquent taxpayer. Such proceedings is brought against the real property only, and is to foreclose the tax liens. No personal judgment may be entered herein for such taxes, or any part thereof. (1) The Magistrate Division and the Superior Court have concurrent jurisdiction over the foreclosure in rem proceedings. (2) Notice of such proceedings is considered sufficient when the Lieutenant Governor causes to be filed in court a Petition of Foreclosure of Tax Delinquent Parcels with an attached list of all parcels affected by delinquent taxes. Upon the filing of the Petition of Foreclosure, the Lieutenant Governor shall cause the Petition and the attached list to be published daily for eight consecutive weeks in a newspaper of general circulation within each district. (3) The Petition of Foreclosure must give notice as to the effect of the filing, the nature of the proceeding, the persons affected, the right of redemption, the date for return of an answer, and the penalty for failure to answer. The List that is attached to the Petition must contain as to each parcel, the following: (A) A brief description of the property including the parcel identification number, the physical description of the property, and the last property owner of record as it appears in the Office of the Tax Assessor, sufficient to identify each parcel affected by such tax lien; and (B) A statement of the amount of delinquent taxes plus penalties and interest and costs. (4) The Petition of Foreclosure must be signed by the Lieutenant Governor, or the Lieutenant Governor's designee, and must be mailed to the last owner of record to provide actual notice to the property owner of record within the Office of the Tax Assessor. (5) If any person having the right to redeem or answer fails to answer, such person is considered in default and is barred and foreclosed from all his rights, title, and interest to the parcels described in the Petition of Foreclosure, and a judgment in foreclosure may be taken by default. A motion to reopen a default foreclosure judgment may not be brought later than 120 days after the entry of the judgment. (6) Any proceeding brought pursuant to this subsection must be given preference over all other proceedings and actions in the Superior or Magistrate Court and must be resolved within 180 days from the filing of the petition. (7) Upon entry of a final judgment, title to all properties foreclosed pursuant to this subsection vests in a Trust created and established in the Office of the Lieutenant Governor. All property so vested must be listed on an inventory to be updated annually by the Lieutenant Governor and made available for public inspection. (8) Property acquired pursuant to this section must be disposed of pursuant to the regulations of the Trust, but 75% of the properties must be made available for sale and purchase annually as affordable housing for persons who qualify as first-time homebuyers, veterans, middle & low-to-moderate income, senior citizens or disabled persons. (9) Pursuant to this subsection, there is established in the Treasury of the Government of the Virgin Islands a revolving fund for the Trust, administered as a separate and distinct fund in the Treasury of the Government of the Virgin Islands. The fund consists of all monies earned by the Trust, and the Commissioner of Finance shall submit an annual report on the financial status of the fund to the Governor and the Legislature. History: Amended Apr. 20, 1960, No. 529, § 1, Sess. L. 1960, p. 35; Apr. 13, 1967, No. 1905, § 5(a), Sess. L. 1967, pp. 89, 90; Aug. 22, 1980, No. 4473, § 3(a)(1), (2), Sess. L. 1980, p. 147; Oct. 26, 1982, No. 4755, § 10(c)(1), (2), Sess. L. 1982, p. 173; July 17, 1989, No. 5421, § 2(c)(1), Sess. L. 1989, p. 19; Oct. 31, 1998, No. 6269, § 2(d), Sess. L. 1998, p. 444; Dec. 23, 2003, No. 6634, § 22, Sess. L. 2003, p. 126; Dec. 22, 2007, No. 6976, § 5(a), (b), Sess. L. 2007, p. 204; amended Aug. 16, 2021, No. 8466, § 1(a), Sess. L. 2021, p. 58, 59.

Whenever a certificate of attachment of real property in favor of the government of the Virgin Islands shall be presented for registration, the recorder of deeds shall record the same in the proper records against the property attached.

Cancellation of attachments for unpaid taxes and public sewer system user fees shall be similarly recorded. History: Amended Apr. 20, 1960, No. 529, § 1, Sess. L. 1960, p. 35; Apr. 13, 1967, No. 1905, § 5(b), Sess. L. 1967, p. 90; July 17, 1989, No. 5421, § (2)(c)(1), Sess. L. 1989, p. 19.

Attachment No fees shall be collected by the recorder of deeds for the registration of attachments for unpaid property taxes and public sewer system user fees or for the cancellation of the same in the real property register. History: Amended July 17, 1989, No. 5421, § 2(c)(1), Sess. L. 1989, p. 19.

The recorder of deeds, upon the receipt of any order of attachment and certificate, shall properly record and within 30 days return the same to the Lieutenant Governor with the indorsement of the recorder of deeds thereon showing that the attachment has been duly recorded. No fee shall be charged by the recorder for such service. History: Amended Apr. 20, 1960, No. 529, § 1, Sess. L. 1960, p. 35; Apr. 13, 1967, No. 1905, § 5(f), Sess. L. 1967, Aug. 1, 1977, No. 4030, § 1, Sess. L. 1977, p. 178; Aug. 22, 1980, No. 4473, § 3(a)(1), Sess. L. 1980, p. 147; Oct. 26, 1982, No. 4755, § 10(c)(1), Sess. L. 1982, p. 173; Dec. 22, 2007, No. 6976, § 5(b), Sess. L. 2007, p. 204.

After the levy of attachment the Lieutenant Governor shall proceed to advertise the property for sale. The advertisement shall be published at least once in a different newspaper of general circulation in each island district, and the cost of such advertising together with a fee of $5.00 for service of said notice upon the taxpayer or his representative shall be collected as part of the costs of the sale. The Lieutenant Governor shall preserve copies of such notice and paper in which said advertisement appeared, and the same shall be prima facie evidence of the proper advertisement of such sale. History: Amended Apr. 20, 1960, No. 529, § 1, Sess. L. 1960, p. 35; Apr. 13, 1967, No. 1905, § 5(c), Sess. L. 1967, p. 90; Aug. 22, 1980, No. 4473, § 3(a)(1), Sess. L. 1980, p. 147; Oct. 26, 1982, No. 4755, § 10(c)(1), Sess. L. 1982, p. 173; Oct. 31, 1998, No. 6269, § 2(e), Sess. L. 1998, p. 444; Dec. 22, 2007, No. 6976, § 5(b), Sess. L. 2007, p. 204.

(a) The time and place at which the auction sale shall take place shall be plainly stated in the advertisement and notice required by section 2546 of this title. At the expiration of the three weeks or as soon thereafter as may be practicable, the said property shall be sold by the Lieutenant Governor at public auction to the highest bidder. However, no bid shall be accepted for a less amount than the taxes and public sewer system user fees upon said property, together with all costs and penalties thereon, and unless accompanied by a cash deposit of ten percent of the amount bid. The amount deposited shall be forfeited in the event of failure on the part of the purchaser to pay the balance of the purchase money upon delivery or offer of delivery by the Lieutenant Governor of the certificate of purchase, and such delivery or offer of delivery shall be made within ten days from the date of sale. (b) The Lieutenant Governor shall procure from the Recorder of Deeds a certificate of the liens of record against any real property offered for sale at public auction; and the real property shall be sold subject to the provisions of subchapter IV of this chapter. The Lieutenant Governor shall read the relevant certificate aloud prior to offering the specific piece of real property for sale. (c) After receipt of any purchase money, the Lieutenant Governor shall deduct therefrom the sums due for taxes and public sewer system user fees, penalty and costs. The excess thereof shall be held in trust by the Lieutenant Governor, and in due course shall be paid to the taxpayer, or in the event of redemption shall be paid to the purchaser. (d) The cost of publication of the notice of sale shall be prorated among the taxpayers concerned by dividing the total cost of the publication by the number of properties advertised, and this cost shall be added to the expenses of the sale by the Lieutenant Governor. History: Amended Apr. 20, 1960, No. 529, § 1, Sess. L. 1960, p. 35; Apr. 13, 1967, No. 1905, § 5(f), Sess. L. 1967, p. 91; Feb. 7, 1968, No. 2095, § 1, Sess. L. 1968, Pt. I, p. 6; July 18, 1968, No. 2310, § 1, Sess. L. 1968, Pt. II, p. 270; Aug. 1, 1977, No. 4030, § 2, Sess. L. 1977, p. 178; Aug. 22, 1980, No. 4473, § 3(a)(1), Sess. L. 1980, p. 147; Oct. 26, 1982, No. 4755, § 10(c)(1), Sess. L. 1982, p. 173; July 17, 1989, No. 5421, § 2(c)(1), Sess. L. 1989, p. 19; Dec. 22, 2007, No. 6976, § 5(b), Sess. L. 2007, p. 204.

The Lieutenant Governor may continue the sale from day to day if in his opinion such continuation is necessary, and for good and sufficient cause may adjourn the sale for a period not exceeding 60 days, of which due notice shall be given by advertisement. History: Amended Apr. 20, 1960, No. 529, § 1, Sess. L. 1960, p. 35; Apr. 13, 1967, No. 1905, § 5(f), Sess. L. 1967, p. 91; Aug. 1, 1977, No. 4030, § 3, Sess. L. 1977, p. 178; Aug. 22, 1980, No. 4473, § 3(a)(1), Sess. L. 1980, p. 147; Oct. 26, 1982, No. 4755, § 10(c)(1), Sess. L. 1982, p. 173; Dec. 22, 2007, No. 6976, § 5(b), Sess. L. 2007, p. 204.

System User Fee Auction (a) If the Lieutenant Governor or any person acting on his behalf- (1) sells or assists in selling any real property- (A) knowing it to be exempt from attachment; or (B) knowing that the taxes for which it is sold have been paid; or (2) knowingly and willfully sells or assists in selling any real or personal property for taxes to defraud the owner thereof; or (3) in any manner restrains bidders; or (4) knowingly or willfully issues a certificate of purchase of real or personal property so sold- then the Lieutenant Governor or such person shall pay the injured party all damages sustained thereby, and all such sales shall be void. (b) Any person who knowingly and willfully violates subsection (a), commits a felony. (c) (1) For purposes of this subsection '"Manipulation" means to knowingly, willfully, skillfully, or in a controlling manner falsify, conceal, or cover up by trick, scheme, or device a material fact; (2) to make any false or fraudulent statement, illegitimate bid, or false representation in obtaining any real or personal property. (d) Any person who participates in the manipulation of an auction conducted under this chapter to fraudulently restrict other potential bidders from making legitimate bids on any property offered at any auction under this chapter shall be imprisoned not more than three years and fined not more than $20,000, or both. (e) Neither the Lieutenant Governor nor any other person may make any regulatory or procedural changes that have the result of limiting the rights and benefits that a property owner is entitled to under this chapter or having the result of violating the constitutional due process rights of the property owner, or defrauding the property owner, or defeating or restricting legitimated bidders or bids. History: Amended Apr. 20, 1960, No. 529, § 1, Sess. L. 1960, p. 35; Apr. 13, 1967, No. 1905, § 5(d), Sess. L. 1967, pp. 90, 91; Aug. 22, 1980, No. 4473, § 3(a)(1), (2), Sess. L. 1980, p. 147; Oct. 26, 1982, No. 4755, § 10(c)(1), (2), Sess. L. 1982, p. 173; July 17, 1989, No. 5421, § 2(c)(1), (4), Sess. L. 1989, p. 19; Dec. 22, 2007, No. 6976, § 5(a), (b), Sess. L. 2007, p. 204; amended Apr. 22, 2016, No. 7858, § 1(a), (b), Sess. L. 2016, p. 33; amended May 27, 2016, No. 7876, § 2, Sess. L. 2016, p. 80.

Representative Prohibited; Penalties If the Lieutenant Governor or any person acting on his behalf purchases, directly or indirectly, any part of any real property sold for non-payment of taxes and public sewer system user fees under this chapter, the Lieutenant Governor or such person shall be liable for all damages sustained by the owner of the property and all such sales shall be void. History: Amended Apr. 20, 1960, No. 529, § 1, Sess. L. 1960, p. 35; Apr. 13, 1967, No. 1905, § 5(e), Sess. L. 1967, p. 91; Aug. 22, 1980, No. 4473, § 3(a)(1), (2), Sess. L. 1980, p. 147; Oct. 26, 1982, No. 4755, § 10(c)(1), (2), Sess. L. 1982, p. 173; July 17, 1989, No. 5421, § 2(c)(1), Sess. L. 1989, p. 19; Dec. 22, 2007, No. 6976, § 5(a), (b), Sess. L. 2007, p. 204.

Recording The Lieutenant Governor shall prepare, sign and deliver to the purchaser of any real property sold for the non-payment of taxes and public sewer system user fees a certificate of purchase, which shall contain the name and residence of such purchaser, the date of the sale of said real property, the amount for which it is sold, a statement that said amount has been paid by the purchaser, the amount of taxes and public sewer system user fees, penalties and cost, and such description of the property as is required by section 2541 of this title, and the folio or volume wherein the property sold shall have been recorded, in case it has been so recorded. If the right of redemption provided for in subchapter IV of this chapter is not exercised within the time prescribed, said certificate when recorded in the office of the Recorder of Deeds, shall vest the title to said property in said purchaser, free from all mortgages, liens or other encumbrances. The certificate shall be prima facie evidence of the facts recited therein in any controversy, proceeding or action involving or concerning the rights of the purchaser, his heirs or assigns, to the property thereby conveyed. The Lieutenant Governor shall have the certificate of purchase duly recorded by the Recorder of Deeds upon the payment of such fees as may be prescribed by section 133, Title 28, Virgin Islands Code, which shall be added to the costs. Thereafter, the Lieutenant Governor shall deliver the certificate to the purchaser. History: Amended Apr. 20, 1960, No. 529, § 1, Sess. L. 1960, p. 35; Apr. 13, 1967, No. 1905, § 5(f), Sess. L. 1967, p. 91; Feb. 7, 1968, No. 2095, § 2, Sess. L. 1968, Pt. I, p. 7; July 18, 1968, No. 2310, § 2, Sess. L. 1968, Pt. II, p. 271; Aug. 1, 1977, No. 4030, § 4, Sess. L. 1977, p. 179; Aug. 22, 1980, No. 4473, § 3(a)(1), Sess. L. 1980, p. 147; Oct. 26, 1982, No. 4755, § 10(c)(1), Sess. L. 1982, p. 173; July 17, 1989, No. 5421, § 2(c)(1), (4), Sess. L. 1989, p. 19; Dec. 22, 2007, No. 6976, § 5(b), Sess. L. 2007, p. 204.

The purchaser of any real property sold for the nonpayment of taxes and public sewer system user fees under this chapter shall be prohibited from undertaking improvements to said property of a nature requiring compliance with the provisions of Title 29, section 294, subsection (d)(8), Virgin Islands Code, during the statutory period of redemption established pursuant to subchapter IV of this chapter. If improvements to real property purchased at a tax and public sewer system user fee sale under this chapter are undertaken by the purchaser thereof in violation of this section, the previous owner, in exercising his right of redemption under the provisions of subchapter IV of this chapter, shall not be required to reimburse the purchaser, his heirs, or assigns, for the cost of any such improvements. History: Added Sept. 26, 1979, No. 4344, § 1, Sess. L. 1979, p. 119; July 17, 1989, No. 5421, § 2(c)(1), (4), Sess. L. 1989, p. 19.

(a) Every piece of real property offered at public auction for the non-payment of taxes and public sewer system user fees and not sold for want of bids sufficient to cover all taxes and public sewer system user fees, penalties and costs thereon may be purchased by the Lieutenant Governor for and in the name of the Government of the United States Virgin Islands at any sale after the first offering of such property at public auction. The Lieutenant Governor shall make a public bid for such property in the amount of said taxes and public sewer system user fees, penalties and costs, and if no higher bids be offered he shall purchase the same in the name of the Government of the United States Virgin Islands in the amount of said taxes and public sewer system user fees, penalties and costs. Such purchase shall be paid for by the Lieutenant Governor with any available funds in the General Fund of the Treasury of the Virgin Islands, not otherwise appropriated, which funds are hereby appropriated for this purpose. If the right of redemption hereinafter provided for is not exercised within the time prescribed, certificate of purchase, when recorded in the office of the Recorder of Deeds shall vest the title to said property absolutely in the Government of the United States Virgin Islands free from all mortgages, liens or other encumbrances. Said certificate shall be prima facie evidence of the facts therein recorded in any controversy, proceeding or action involving or concerning the rights of the purchaser, his heirs or assigns, to the property thereby conveyed. No fee shall be charged by the Recorder for recording such certificate nor for issuing a copy thereof. (b) The public notice of tax sale pursuant to section 2546 of Title 33, chapter 89, Virgin Islands Code, which shall include a statement that suits to contest the validity of the certificate of purchase, must be filed within ninety (90) days of recordation of such certificate in the Office of the Recorder of Deeds. Upon the expiration of the ninety (90) day period from the date of recordation of the certificate of purchase, the validity of such certificate and any other agreements thereto and all proceedings in connection therewith shall be conclusively presumed to have been legally taken and no court shall have the authority to inquire into such matters. Suits to contest the validity of any deed conveyed pursuant to this section may not be instituted and are forever barred if not filed within ninety (90) days of recordation of the certificate of purchase in the Office of the Recorder of Deeds. (c) Payments received for delinquent taxes shall be applied first to the penalties, accrued interest, and real property tax and public sewer system fees, in that order related to the longest standing delinquency, and then to the penalties, accrued interest, and real property tax, in that order due on the next longest standing delinquency, and subsequent delinquencies. History: Amended Apr. 20, 1960, No. 529, § 1, Sess. L.1960, p. 35; Apr. 13, 1967, No. 1905, § 5(f), Sess. L. 1967, p. 91; Aug. 1, 1977, No. 4030, § 5, Sess. L. 1977, p. 179; Aug. 22, 1980, No. 4473, § 3(a)(1), Sess. L. 1980, p. 147; Oct. 26, 1982, No. 4775, § 10(c)(1), Sess. L. 1982, p. 173; July 17, 1989, No. 5421, § 2(c)(1), Sess. L. 1989, p. 19; Oct. 1, 1997, No. 6152, § 2, Sess. L. 1997, p. 49; Dec. 22, 2007, No. 6976, § 5(b), Sess. L. 2007, p. 204.

Irregular Tax and Public Sewer System User Fee Auction When any real property has been sold for nonpayment of taxes and public sewer system user fees and has been bid in the name of the Government of the Virgin Islands and it is afterwards discovered that, for any reason such sale was irregular and that the owner of said property has been improperly deprived of his property the Lieutenant Governor shall have authority to cancel said sale and where necessary to issue a certificate of redemption which shall act as a reconveyance of the property to the owner or, his heirs or assigns, as the case may be, and the property shall remain subject to all liens and legal claims against it to the same extent and in the same manner as though said property had not been sold for taxes and public sewer system user fees, and the recorder of deeds shall record the certificate of redemption without the payment of any fee for such service. History: Amended Aug. 22, 1980, No. 4473, § 3(a), Sess. L. 1980, p. 147; Oct. 26, 1982, No. 4755, § 10(c) (1), Sess. L. 1982, p. 173; July 17, 1989, No. 5421, § 2(c)(1), (4), Sess. L. 1989, p. 19; Dec. 22, 2007, No. 6976, § 5(b), Sess. L. 2007, p. 204.

Notwithstanding the provisions of § 2541, any person 60 years of age or older, or any person who has been unemployed for three (3) months or more during a calendar year and whose annual income is less than the federal poverty level, who is an owner of and bona fide resident upon property subject to attachment for delinquent taxes and public sewer system user fees may, at his option, choose to defer payment of the delinquent taxes and public sewer system user fees on such property under the following provisions: (a) the annual income of such person does not exceed $20,000; and (b) the Lieutenant Governor shall file a lien against such property in the amount of the delinquent taxes and public sewer system user fees plus an annual interest of 6 percent provided, however, and notwithstanding the provisions of Section 2541 of this chapter, the Lieutenant Governor may waive the requirement for the sale of the property due to delinquent taxes and public sewer system user fees upon a finding by the Lieutenant Governor that the failure of the property owner to pay the taxes was due to economic hardship; and (c) the total amount of the lien and accrued interest does not exceed the real value of such person's interest in the property. History: Added Oct. 30, 1978, No. 4244, § 1, Sess. L. 1978, p. 276; amended Aug. 22, 1980, No. 4473, § 3(a)(1), Sess. L. 1980, p. 147; Oct. 26, 1982, No. 4755, § 10(c)(1), Sess. L. 1982, p. 173; July 17, 1989, No. 5421, § 2(c)(1), Sess. L. 1989, p. 19; Sept. 5, 1995, No. 6078, § 3(a), (b), Sess. L. 1995, p. 202; July 10, 1997, No. 6139, § 5, Sess. L. 1997, p. 35; Dec. 22, 2007, No. 6976, §§ 5(a), (b), 6, Sess. L. 2007, p. 204.

History: Repealed. Dec. 19, 1984, No. 5029, §Sess. L. 1984, p. 411.

Governor The owner of any real property sold for non-payment of real property taxes and public sewer system user fees, his heirs, agent or assigns, or any person having a right or interest therein, may redeem the same within one year from the date of sale at public auction by paying to the Office of the Lieutenant Governor the full amount of all taxes and public sewer system user fees for which the property was offered at public auction, plus interest at the rate of twelve percent per annum computed on the full amount of the purchase money to the date 30 days after tender is made to the Office of the Lieutenant Governor, together with all penalties, costs incurred, taxes and public sewer system user fees due and an Office of the Lieutenant Governor Administrative fee of $15. Upon payment of said amounts, the redemptioner shall receive a certificate of redemption from the Lieutenant Governor. The certificate of redemption shall operate as a release of all claims by the auction purchaser to title to said property by virtue of the sale for non-payment of real property taxes and public sewer system user fees and shall supersede the certificate of purchase. The redemptioner may have such release duly entered in the real property register against the certificate of purchase upon payment to the Recorder of Deeds of such fees as may be specified by Title 28, section 133, of this Code. The property so released shall remain subject to all liens and legal claims against it, other than the real property tax and public sewer system user fee liens for which it was sold, to the same extent and in the manner as though said property had not been sold for real property taxes and public sewer system user fees. When the property is redeemed by a mortgagee, the redemption money paid by him shall be added to his mortgage lien and may be recovered with the same rate of interest borne by the mortgage lien; when a tenant or lessee redeems such property, he may deduct the amount of such redemption money from his rent. History: Amended Feb. 7, 1968, No. 2095, § 3, Sess. L. 1968, Pt. I, p. 7; July 18, 1968, No. 2310, § 3, Sess. L. 1968, Pt. II, p. 271; Aug. 1, 1977, No. 4030, § 6, Sess. L. 1977, p. 180; Aug. 22, 1980, No. 4473, § 3(a)(1), (3), Sess. L. 1980, p. 147; Oct. 26, 1982, No. 4755, §§ 10(c)(1), (3), 11, Sess. L. 1982, p. 173; July 17, 1989, No. 5421, § 2(c)(1), (4), Sess. L. 1989, p. 19; Dec. 22, 2007, No. 6976, § 5(b), (c), Sess. L. 2007, p. 204.

Upon issuance of a certificate of redemption and not later than 30 days thereafter, the Lieutenant Governor shall notify the person who purchased said redeemed property, his heirs or assigns, of the fact of its redemption. Said notification shall clearly indicate that the certificate of purchase has been cancelled by virtue of the redemption and it shall be sent by certified mail to the last known address of the auction purchaser, his heirs or assigns. With such notification shall be forwarded the refund of the full amount of the purchase money plus interest at the rate of twelve percent per annum from the date of sale to 30 days after the date of redemption. History: Amended Aug. 1, 1977, No. 4030, § 7, Sess. L. 1977, p. 181; Aug. 22, 1980, No. 4473, § 3(a)(1), (3), Sess. L. 1980, p. 147; Oct. 26, 1982, No. 4755, § 10(c) (1), Sess. L. 1982, p. 173; Nov. 7, 1983, No. 4877, § 308(a), Sess. L. 1983, p. 230; Dec. 22, 2007, No. 6976, § 5(b), (c), Sess. L. 2007, p. 204.

History: Repealed. Aug. 1, 1977, No. 4030, § 8, Sess. L. 1977, p. 181.

Auction Sale (a) The owner of any property which has been purchased at tax and public sewer system user fee auction by the Government of the United States Virgin Islands, or his heirs or assigns or any one having any right or interest in his property, may redeem the same within one year from the date of said purchase at public auction by paying to the Office of the Lieutenant Governor the full amount of the bid offered in the name of the Government, with interest at the rate of twelve percent per annum and real property taxes and public sewer system user fees due for the period between the date of sale and the date tender is made to the Office of the Lieutenant Governor, together with an Office of the Lieutenant Governor Administration fee of $15. Upon payment of said amount, the redemptioner shall receive a certificate of redemption, which certificate shall operate as a release and cancellation of certificate of purchase and property so released shall remain subject to all liens and legal claims against it, other than the tax and public sewer system user fee liens for which it was sold, to the same extent and in manner as though said property had not been sold for taxes and public sewer system user fees. (b) The owner of any property that has been foreclosed, or the owner's or assigns or anyone having any right or interest in the property, may redeem the property not later than six months from the date of the foreclosure by paying to the Office of the Lieutenant Governor the full foreclosure amount plus all costs and attorney's fees, with interest at the rate of twelve percent per annum and real property taxes and public sewer system user fees due for the period between the date of foreclosure and the date tender is made to the Office of the Lieutenant Governor. Upon payment of the required amount, the redemptioner shall receive a judgment of redemption, which judgment operates as a release and cancellation of foreclosure. Property so released remains subject to all liens and legal claims against it, other than the tax and public sewer system user fee liens for which it was foreclosed, to the same extent and in manner as though said property had not been foreclosed. History: Amended Aug. 1, 1977, No. 4030, § 9, Sess. L. 1977, p. 181; Aug. 22, 1980, No. 4473, § 3(a)(3), Sess. L. 1980, p. 148; Oct. 26, 1982, No. 4755, § 10(c)(3), Sess. L. 1982, p. 173; Nov. 7, 1983, No. 4877, § 308(b), Sess. L. 1983, p. 230; July 17, 1989, No. 5421, § 2(c)(1), (4), Sess. L. 1989, p. 19; Dec. 22, 2007, No. 6976, § 5(c), Sess. L. 2007, p. 204; amended Aug. 16, 2021, No. 8466, § 1(b), Sess. L. 2021, p. 59, 60.

(a) The Lieutenant Governor of the United States Virgin Islands may assign or sell and transfer, for consideration, to a third party, any tax liens on real property which remain unpaid after the due date. The tax liens may be assigned or sold and transferred in any manner the Lieutenant Governor deems appropriate, including but not limited to, in bulk sale, or to a person who issues debt secured by such tax liens. Such sale or transfer shall be pursuant to the procurement provisions of Title 31, chapter 23, Virgin Islands Code. (b) The United States Virgin Islands tax liens may be purchased by any third party, including, but not limited to, a trust created and established solely for the purpose of purchasing tax liens from the United States Virgin Islands, and which issues debt securities secured by the liens. The Lieutenant Governor is authorized to accept as payment for the assignment or sale and transfer of the tax liens, cash, notes, or any combination thereof, or such other consideration as the Lieutenant Governor deems appropriate. Any bonds, notes or other obligations issued by any purchaser, assignee, or transferee of the tax liens shall not constitute obligations of the Government of the United States Virgin Islands and shall be without recourse to the Government of the United States Virgin Islands. (c) The assignment or sale and transfer of any tax liens and the right to receive amounts in respect thereof as provided by law shall be evidenced by a tax lien certificate of the Lieutenant Governor or his duly authorized representative, which shall recite the full amount of such lien, including penalties, interest, and costs accrued as of the date of the assignment or sale and transfer of such tax lien, and naming the purchaser of the lien, the record owner, and the tax assessment description and physical address of the related real property. (d) The transferee of a tax lien and any assignee or successor in interest of such transferee shall have and possess the same rights, powers, liens status and priority of payment at law or in equity as the Government of the United States Virgin Islands would have possessed if the tax lien had not been assigned or sold and transferred including collection of all unpaid taxes, penalties and interest, absolute title to the property free from all mortgages, liens or other encumbrances when not redeemed according to law by the owner. (e) The assignee, purchaser, or transferor of a tax lien certificate, and any successor thereof, shall be subject to applicable tenant protection provisions of Title 28, section 831, et seq. and Title 33, section 2498 of the United States Virgin Islands Code. (f) The Lieutenant Governor shall have the right to substitute any tax lien certificate assigned or sold and transferred for a tax lien certificate of equal value for similar property, where the Government of the United States Virgin Islands or the Lieutenant Governor has determined that a particular property should be exempt from the tax lien portfolio in cases where the original lien had or has a deficiency, where the delinquency has been cured, where the property is in probate, or where a satisfactory repayment plan is established. (g) The Lieutenant Governor may issue rules and regulations to implement the provisions of this section. (h) Notwithstanding any other provision of law, whenever the Governor of the Virgin Islands, acting through the Lieutenant Governor, determines that it is in the best interests of the Government of the Virgin Islands, the Government may assign, or sell and transfer, its liens to a third party as defined in subsection (a) and (b) herein, for an amount less than the total amount of unpaid taxes, penalties and accrued interest. The execution of a purchase agreement or other agreement by the Government shall be conclusive evidence of the adequacy of consideration of the assignment, or sale and transfer of the tax liens. History: Added Oct. 1, 1997, No. 6152, § 1, Sess. L. 1997, p. 47; amended Oct. 31, 1998, No. 6269, § 2(a), Sess. L. 1998, p. 443; Dec. 22, 2007, No. 6976, § 5(a), (b), Sess. L. 2007, p. 204.

The transferee of a tax lien or any assignee or successor in interest of such transferee shall have the same rights, powers and duties as the Lieutenant Governor to collect any taxes and public sewer system user fees which constitute a lien on real property and which remain unpaid within the period prescribed by this title. These rights, powers and duties include but are not limited to collection by the attachment and sale of the property as provided for in section 2541, notice of auction sale as provided for in section 2546, the right to the issuance of a certificate of purchase, by the Lieutenant Governor, on behalf of the Government of the United States Virgin Islands to vest title in the purchaser if the right of redemption is not exercised within the time provided for under section 2581. History: Added Oct. 1, 1997, No. 6152, § 1, Sess. L. 1997, p. 47; amended Dec. 22, 2007, No. 6976, § 5(b), Sess. L. 2007, p. 204.

(a) The Revolving Working Fund, heretofore established, from which expenditures may be made by the government of the Virgin Islands, on a reimbursement basis, for work accomplished for the United States Government and all its agencies, and for all departments, bureaus and agencies of the government of the Virgin Islands; and for rental of equipment used on projects for the above agencies as well as for private enterprises and individuals, is hereby continued. (b) The Department of Public Works is authorized to use the fees received from the rental of equipment for the maintenance and repair of said equipment.

(a) There is established a special fund in the Treasury of the Virgin Islands to be designated as the District Public Road Fund consisting of four separate accounts: St. Croix Public Road Account; St. Thomas Public Road Account; St. John Public Road Account; and the Water Island Public Road Account. Monies shall be covered into the Fund as provided in subsection (b) of this section. (b) Two percent (2%) of all property taxes collected for each island and the monies collected under this subsection shall be deposited into the respective island's Public Road Account. The Commissioner of Finance shall make distribution of property tax collections into each island's Public Road Account within 30 days from the end of each quarter. In addition to the two percent (2%) of all property taxes collected for each island before October 1, of each year, two percent (2%) of all delinquent property taxes, including interest, paid after October 1 of each fiscal year, shall be deposited into the respective island's Public Road Account. (c) The Commissioner of Finance shall make available, out of the funds in each island's Public Road Account, disbursements for expenditures under the direct control of the Engineering Division of the Department of Public Works exclusively for the repair of the respective island's local public roads, including drainage, maintenance, pavement and beautification. (d) The Commissioner of Finance shall maintain and provide for the administration of each island's Public Road Account, and no funds therein shall be available for expenditure except as provided in this section. History: June 19, 1957, No. 206, §§ 1, 2, Sess. L. 1957, p. 119; amended Mar. 6, 1970, No. 2655, § 1, Sess. L. 1970, p. 40; Jan. 19, 1971, No. 2923, § 5, Sess. L. 1970, p. 408; Nov. 7, 1983, No. 4877, § 307(c), Sess. L. 1983, p. 230; May 14, 1986, No. 5158, § 2, Sess. L. 1986, p. 49; Oct. 18, 1988, No. 5365, § 26, Sess. L. 1988, p. 248; Sept. 4, 2003, No. 6595, § 1, Sess. L. 2003, p. 57; Sept. 29, 2006, No. 6868, § 10, Sess. L. 2006, p. 228.

(a) There is established a special fund in the Treasury of the Virgin Islands to be designated as the District Street Lighting Fund consisting of four separate accounts: the St. Croix Street Lighting Account; St. Thomas Street Lighting Account; St. John Street Lighting Account; and the Water Island Street Lighting Account. Monies shall be covered into the Fund as provided in subsection (b) of this section. (b) Each island's Street Lighting Account shall consist of four percent of all property taxes collected for the respective island. Distribution of property tax collections into each island's Street Lighting Account shall be made within 30 days from the end of each quarter. In addition to four percent of all property taxes collected for each island before October 1 of each year, four percent of all delinquent property taxes, including interest, collected after October 1 of each fiscal year, shall be deposited into the respective island's Street Lighting Account. (c) The Commissioner of Finance shall make available, out of the funds in each island's Street Lighting Account, disbursements for expenditures under the direct control of the Virgin Islands Water and Power Authority exclusively for street light maintenance and installation along the local public road system. (d) The Commissioner of Finance shall maintain and provide for the administration of each island's Street Lighting Account and no funds therein shall be available for expenditures except as provided in this section. History: Added Sept. 4, 2003, No. 6595, § 1, Sess. L. 2003, p. 58; amended Sept. 29, 2006, No. 6868, § 10, Sess. L. 2006, p. 228; Sept. 28, 2009, No. 7101, § 1, Sess. L. 2009, p. 178.

History: Repealed. Sept. 17, 2008, No. 7020, § 24, Sess. L. 2008, p. 250.

The Legislature shall make available, out of funds in the special "Road Fund" established in section 3002 of this title, appropriations for expenditures under the direct control of the Department of Public Works exclusively for purposes of road construction, extension, and maintenance, and other purposes specified by law. History: June 19, 1957, No. 206, § 3, Sess. L. 1957, p. 119; amended May 14, 1986, No. 5158, § 6, Sess. L. 1986, p. 50.

(a) There is established a special fund to be designated as the "Transportation Trust Fund" and to be held by the Commissioner of Finance on behalf of the Government of the United States Virgin Islands separate and apart from all other funds of the Government of the Virgin Islands, or by such trustee or depository as the Government of the United States Virgin Islands shall direct, including the Virgin Islands Public Finance Authority, or a trustee for any bonds or other obligations issued by the Government of the United States Virgin Islands or the Virgin Islands Public Finance Authority and payable from such special fund. (b) The following monies shall be deposited into the Transportation Trust Fund: (1) all fines imposed by the courts for violation of traffic laws; (2) all highway users' taxes collected in the Virgin Islands on automobiles and trucks under the provisions of Title 33, Title 334, VIC; and (3) all driver's license fees and motor vehicle registration fees collected in the Virgin Islands under the provisions of Title 20, chapter 39, VIC. (c) The Commissioner of Finance of the Government of the United States Virgin Islands is directed to maintain and provide for the administration of the said Transportation Trust Fund as a separate and distinct fund, and no funds therein shall be available for expenditure except as provided in this section 3003a. (d) All investment earnings of the Transportation Trust Fund shall be credited to the Transportation Trust Fund. (e) Monies in the Transportation Trust Fund shall be distributed as required to make all payments of principal of, premium, if any, and interest on the bonds of the Virgin Islands Public Finance Authority payable from the Transportation Trust Fund, in the amounts required by any resolution, indenture or bond declaration entered into with respect to such bonds. Subject to the limitations of any resolution, indenture or bond declaration entered into with respect to bonds payable from the Transportation Trust Fund, on the last day of each fiscal year of the Government of the Virgin Islands after all payments of principal of, premium, if any, and interest on such bonds are paid or such earlier time as there shall be on deposit in the Transportation Trust Fund sufficient funds to make all such payments with respect to such bonds, any surplus funds remaining in the Transportation Trust Fund shall be deposited as follows: (1) in an amount equal to the lesser of such surplus or the amount of driver's license fees and motor vehicle registration fees collected in the Virgin Islands under the provisions of Title 20, Title 20 chapter 39, VICsited in the Transportation Trust Fund pursuant to section 3003a, subsection (b), paragraph (3), to the General Fund; and (2) the remaining amount of such surplus, if any, to the Road Fund. (f) In connection with the bonds, notes or other evidences of indebtedness issued by the Government pursuant to Act No. 5883 (Bill No. 20-0164), Section 5, as amended, the Governor by written declarations or declaration may direct that, so long as such bonds, notes or other evidences of indebtedness issued are outstanding, all or any portion of amounts required by this section to be deposited in the General Fund and the Road Fund pursuant to Title 33, chapter 111, section 3003a(c), Virgin Islands Code, as amended, shall be deposited, upon collection or thereafter, into the St. Croix Economic Development Fund. History: Added Oct. 18, 1988, No. 5365, § 27, Sess. L. 1988, p. 248; amended Aug. 26, 1994, No. 6006, § 4, Sess. L. 1994, p. 146; May 14, 2012, No. 7360, § 5, Sess. L. 2012, p. 79.

(a) There is established in the Treasury of the Virgin Islands a special fund to be designated the "Land Bank Fund". The Commissioner of Finance is directed to maintain and provide for the administration of the said special fund as a separate and distinct fund in the Treasury, and no funds therein shall be available for expenditure except as provided in this section. (b) The Land Bank Fund shall be constituted of: the proceeds of all sales of real property belonging to the Government of the Virgin Islands, excepting such proceeds as are specifically reserved for the Moderate Income Housing Fund created by section 4 of Act No. 1927 approved ApAct No. 1927uch proceeds as are required to be deposited into the Housing Construction Revolving Fund created by section 3058 of this title; all sums appropriated thereto from time to time by the Legislature; all amounts borrowed and transferred thereto pursuant to law; thirty percent of the proceeds of the stamp taxes collected pursuant to chapter 7 of this title. (c) Monies pertaining to the Land Bank Fund shall be available for purchases, authorized by law, of real property (including improvements thereon) for purposes of public housing, outdoor recreation, conservation, or any other public uses or purposes; Provided, That the Governor, subject to the approval of the Legislature if in session, or of the Committee on Finance of the Legislature when the Legislature is not in session, may direct the disbursement of monies in the Land Bank Fund in connection with option agreements for the purchase of real property. (d) The Executive Director of the Virgin Islands Housing Finance Authority, the Commissioners of Planning and Natural Resources, and of Property and Procurement, and all the heads of all other departments and agencies of the Government shall regularly report and advise the Governor and the Legislature with respect to the acquisition of land in implementation of the purposes of this section. (e) There are authorized to be appropriated in each fiscal year such sums as may be necessary for government acquisition of land. The monies so appropriated may be used for downpayments on parcels of land with the remainder of the purchase price to be paid in succeeding fiscal years. (f) There is established within the Land Bank Fund, a separate account to be designated the "Scenic View Site Account" (hereinafter referred to as the "Account"). The Commissioner of Finance shall maintain and provide for the administration of the account as a separate and distinct account within the Land Bank Fund and no monies shall be available for expenditure except as provided by this section. (1) The Account shall be used for the purpose of purchasing sites designated by the Governor of the Virgin Islands as potential scenic overlooks and traffic pullouts. (2) No monies shall be expended from the Account except pursuant to a lawful appropriation by the Legislature of the Virgin Islands. (3) The Governor of the Virgin Islands is authorized and directed to identify potential scenic overlooks and traffic pullouts at appropriate locations in the United States Virgin Islands, in consultation with community organizations and associations such as the taxicab associations. (g) There is established within the Land Bank Fund, a separate account designated the "Beach Public Access Account". The Commissioner of Finance shall maintain and provide for the administration of the account as a separate and distinct account within the Land Bank Fund, and no monies in the account are available for expenditure except as provided by this subsection. (1) The Department of Planning and Natural Resources in conjunction with the Department of Property and Procurement shall use the Beach Public Access Account to acquire by purchase, agreement, or donation or by exercise of eminent domain, real property or any right or interest in real property necessary for providing public access to beaches and other shoreline areas. (2) Monies may be expended from the Beach Access Account only pursuant to an appropriation by the Legislature of the Virgin Islands. (3) The Department of Planning and Natural Resources shall identify potential beach access areas and report the need for public access to beaches and other shoreline areas to the Governor and the Legislature. History: Added Oct. 23, 1968, No. 2347, § 5, Sess. L. 1968, Pt. II, p. 344; amended Oct. 23, 1980, No. 4498, § 8, Sess. L. 1980, p. 229; Dec. 29, 1983, No. 4887, § 5(b), Sess. L. 1983, p. 273; Aug. 29, 1988, No. 5362, § 7, Sess. L. 1988, p. 215; May 29, 1991, No. 5717, Sess. L. 1991, p. 55; Oct. 13, 1994, No. 6031, § 4(b), Sess. L. 1994, p. 231; July 19, 2006, No. 6856, § 18, Sess. L. 2006, p. 145; Apr. 1, 2008, No. 6973, § 17, Sess. L. 2007, p. 190; July 4, 2008, No. 7007, § 1, Sess. L. 2008, pp. 152, 153.

(a) There is established in the Treasury of the Virgin Islands a fund known as "The Virgin Islands Elections Fund" (the "Fund"). The Commissioner of Finance shall provide for the administration of the Fund as a separate and distinct fund in the Treasury of the Government of the Virgin Islands, and shall hold the Fund separate and apart from all other moneys, funds and accounts. Investment earnings credited to the assets of the Fund shall become part of the Fund. No amounts in the Fund shall be available for expenditure or disbursement except as provided in this section and subject to the Help America Vote Act of 2002, P.L. 107- 252 § 251. Any amounts in the Fund shall remain available without fiscal year limitation until expended. (b) The Fund shall consist of (1) sums appropriated or otherwise made available by the Legislature for carrying out the activities for which payments are made to this Territory under the federal Help America Vote Act of 2002 (P.L. 107-252); (2) all payments made to this Territory under the federal Help America Vote Act of 2002 (P.L. 107- 252); (3) other amounts as may be appropriated by law; and (4) interest earned on deposits in the Fund. (c) (1) The Commissioner of Finance shall keep accurate records with respect to the Funds including records that fully disclose the amount and disposition of the sums in the Fund, the total cost of the project or undertaking for which the sums are used, and other such records as will facilitate an effective audit under P.L. 107-252 § 902(a). (2) The Commissioner of Finance shall report annually to the Governor, Legislature and the Joint Board of Elections at the end of each fiscal year. History: Added July 14, 2003, No. 6584, § 1, Sess. L. 2003, p. 24.

History: Repealed. Oct. 23, 1968, No. 2347, § 4, Sess. L. 1968, Pt. II, p. 344.

(a) There is established a special fund in the Treasury of the Virgin Islands designated as the "Public Parking Lot Fund" consisting of four separate accounts: St. Croix Public Parking Lot Fund; St. Thomas Public Parking Lot Fund; St. John Public Parking Lot Fund; and Water Island Public Parking Lot Fund. Monies shall be covered into the Fund as provided in subsection (b) of this section. (b) All fees collected for the use of public parking lots on each island shall be deposited in the respective island's Public Parking Lot Fund. (c) The Commissioner of Finance shall make available, out of the funds in each island's Public Parking Lot Fund, disbursements to the Department of Public Works, for upgrades and repairs to the respective island's public parking lot. (d) The Commissioner of Finance shall maintain and provide for the administration of each island's fund, and no funds therein shall be available for expenditure, except as provided in this section. History: Added May 19, 2006, No. 6839, § 63, Sess. L. 2006, p. 84; amended May 14, 2008, No. 7002, § 11, Sess. L. 2008, p. 118.

Cite as: 33 V.I.C. § 3008, 3009

All monies collected by the Department of Education, as fees, rentals, gifts or otherwise under the provisions of chapter 1 of Title 32, relating to parks and recreation generally, shall be covered into the Treasury of the Virgin Islands in a special revolving fund to be designated the "Athletic Fund". History: Added Mar. 8, 1962, No. 828, Sess. L. 1962, p. 65; amended Mar. 4, 1966, No. 1598, § 4, Sess. L. 1966, p. 71; Mar. 3, 1967, No. 1832, § 1, Sess. L. 1967, p. 3; June 4, 1968, No. 2238, § 10, Sess. L. 1968, Pt. II, p. 46.

The Commissioner of Finance is directed to maintain and provide for the administration of the said "Athletic Fund" as a separate and distinct fund in the Treasury, and no funds therein shall be available for expenditure except as provided in this title. History: Added Mar. 8, 1962, No. 828, Sess. L. 1962, p. 65.

Leagues; Proceeds From Concessions The Commissioner of Planning and Natural Resources shall make available out of funds in the special "Athletic Fund", established by section 3010 of this title, funds for expenditures exclusively for sports and recreational activities under the supervision of the Department of Planning and Natural Resources, including expenses for athletic equipment, trophies, travel expenses for insular teams, host expenses for visiting teams, contributions to athletic leagues, teams and individuals, and program improvement and promotion. Provided, that contributions to a league shall be not less than 50 percent of the gate receipts of such league; And provided further, That leagues shall be permitted to operate concessions for refreshments at league games and to retain the proceeds thereof. History: Added Mar. 8, 1962, No. 828, Sess. L. 1962, p. 65; amended Mar. 4, 1966, No. 1598, § 4, Sess. L. 1966, p. 71; Mar. 3, 1967, No. 1862, § 1, Sess. L. 1967, p. 30; June 4, 1968, No. 2238, § 10, Sess. L. 1968, Pt. II, p. 46.

History: Repealed. June 24, 1987, No. 5265, § 802(j), Sess. L. 1987, p. 85.

The Governor is authorized to employ by contract for a period not less than two years a qualified person to direct the promotion of sport activities, in cooperation with the Recreation Bureau, throughout the Virgin Islands. Such promotion shall include any and all sport events and activities which may suitably be held in the various stadiums of the Virgin Islands, and for which admission fees may be charged. History: Added Mar. 8, 1962, No. 828, Sess. L. 1962, p. 65.

Expenditure from the Athletic Revolving Fund shall be made at the discretion of the Commissioner of Planning and Natural Resources in accordance with rules and regulations prepared by him and approved by the Governor of the Virgin Islands. The Commissioner shall determine the nature and propriety of all expenditures. History: Added Mar. 8, 1962, No. 828, Sess. L. 1962, p. 65; amended Mar. 4, 1966, No. 1598, § 4, Sess. L. 1966, p. 71; Mar. 3, 1967, No. 1862, § 1, Sess. L. 1967, p. 30.

(a) There is hereby created a Data Processing Revolving Fund which shall be constituted of all monies paid or otherwise made available to the Government of the United States Virgin Islands for the development of Data Processing Systems, or in payment for Data Processing Services, including any or all payments made by the Government of the Virgin Islands, agencies, departments or instrumentalities thereof under contract with the Department of Finance for Data Processing Services. (b) The Commissioner of Finance shall maintain and provide for the administration of the Data Processing Revolving Fund as a separate and distinct fund in the Treasury of the Virgin Islands and no funds therein shall be available for expenditure except as provided by this section. (c) All monies deposited into the Data Processing Revolving Fund shall be disbursed by the Commissioner of Finance exclusively for the expenditure of the Department of Finance for any and all supplies and equipment, contractual services and such other necessary services as may be incidental thereto for the operation and maintenance of Data Processing Services within the Department of Finance. (d) The Commissioner of Finance shall submit quarterly reports to the Governor and the Legislature, listing all receipts and expenditures pertaining to the Data Processing Revolving Fund. History: Added Sept. 1, 1972, No. 3299, Sess. L. 1972, p. 436.

(a) The "Health Revolving Fund" heretofore established in the Department of Health is hereby continued as a special fund in the Treasury of the Virgin Islands. (b) The Commissioner of Finance is directed to maintain and provide for the administration of the Health Revolving Fund as a separate and distinct fund in the Treasury, and no funds therein shall be available for expenditure except as provided in this section. (c) The Health Revolving Fund shall be constituted of- All revenues derived from the Department of Health and medical fees which are authorized to be charged for dental and medical services. All payments by the Department of Human Services under its contract with the Department of Health covering medical care for the aged. All sums reimbursable to the Department of Health of the Virgin Islands from Federal Grants-in-Aid Programs, for costs of services rendered to all eligible patients receiving outpatient services from the Department. All fines collected by the Department of Health pursuant to 19 V.I.C., § 1496 to be used exclusively for education programs on tobacco smoking. (d) [Repealed.] (e) [Repealed.] (f) The Commissioner of Finance shall submit a quarterly report to the Governor and the Legislature listing all receipts and expenditures pertaining to the Health Revolving Fund. (g) The Governor, upon the recommendation of the Commissioner of the Budget, and with the approval of the Legislature or the Finance Committee of the Legislature, if the Legislature is not in session, is hereby authorized to make transfers from the Health Revolving Fund to the General Fund. (h) The annual appropriations of the Health Revolving Fund shall remain available until expended. History: Added Mar. 22, 1963, No. 982, § 3, Sess. L. 1963, p. 196; amended Mar. 17, 1965, No. 1346, Sess. L. 1965, Pt. I, p. 90; June 29, 1965, No. 1450, §§ 1, 2, Sess. L. 1965, Pt. I, p. 337, 338; June 15, 1966, No. 1743, Sess. L. 1966, p. 329; June 4, 1968, No. 2220, §§ 1, 2, Sess. L. 1968, Pt. II, p. 27; Sept. 18, 1969, No. 2559, § 1, Sess. L. 1969, p. 289; Apr. 14, 1971, No. 2975, §§ 1, 2, Sess. L. 1971, p. 90; Mar. 19, 1972, No. 3185, Sess. L. 1972, p. 39; July 14, 1975, No. 3718, §§ 6, 7, Sess. L. 1975, p. 105; 1978, No. 4146, Sess. L. 1978, p. 96; May 24, 1979, No. 4310, § 1, Sess. L. 1979, p. 59; Oct. 12, 1979, No. 4363, § 1, Sess. L. 1979, p. 199; Oct. 23, 1980, No. 4498, § 23(a), Sess. L. 1980, p. 232; Oct. 9, 1981, No. 4629, § 2, Sess. L. 1981, p. 160; Apr. 6, 1998, No. 6222, § 8(b), Sess. L. 1998, p. 234; May 14, 1999, No. 6279, § 3 1., Sess. L. 1999, p. 14; May 10, 2010, No. 7171, § 3, Sess. L. 2010, p. 87.

(a) There hereby is created and established in the Treasury of the Virgin Islands a special fund to be designated the "Agriculture Revolving Fund". (b) The Commissioner of Finance is directed to maintain and provide for the administration of the Agriculture Revolving Fund as a separate and distinct fund in the Treasury, and no funds therein shall be available for expenditure except as provided in this section. (c) The Agriculture Revolving Fund shall be constituted of: All balances of monies deposited in the account known as X-4-52 Agriculture Operating Project, St. Croix; All revenues derived by the Department of Agriculture from the sale of agricultural products, livestock feeds, fruit trees, ornamentals, animals and water, all fees and fines collected under 7 V.I.C., chapter 1; and the rental of agricultural equipment; and All revenue from the rental or lease of government-owned lands for farming. An annual appropriation of $500,000 from the General Fund of the Government of the Virgin Islands. Not less than $1,000,000 from the Tourism Advertising Revolving Fund annually deposited by June 30th of each year. (d) All monies pertaining to the Agriculture Revolving Fund shall be disbursed by the Commissioner of Finance, exclusively for expenditures by the Department of Agriculture for the purchase of seeds, fertilizers, insecticides, fungicides and other agricultural chemicals, and for the purchase of animals, fruit trees, ornamental plants, livestock feeds and agricultural and farm equipment, for the production and encouragement of grafted fruit trees, ornamental plants and livestock feeds locally and for employment of temporary agricultural workers for planting and reaping for the purchase of real property and the development and promotion of the agriculture industry. No more than 10 percent of the Agriculture Revolving Fund may be used for administrative purposes. History: Added Feb. 26, 1963, No. 938, Sess. L. 1963, p. 133; amended Mar. 17, 1965, No. 1343, Sess. L. 1965, Pt. I, p. 72; Mar. 3, 1967, No. 1862, § 1, Sess. L. 1967, p. 30; June 4, 1968, No. 2238, § 14, Sess. L. 1968, Pt. II, p. 47; Feb. 4, 1982, No. 4676, §§ 1, 2, Sess. L. 1982, p. 30; May 17, 2006, No. 6836, §§ 3(1), (2), 7, Sess. L. 2006, pp. 69, 70; amended Oct. 7, 2015, No. 7767, §§ 1, 2, Sess. L. 2015, p. 92, 93.

(a) There is created and established in the Treasury of the Virgin Islands a special fund to be designated the "Agriculture in the Classroom Fund". (b) The Commissioner of Finance is directed to maintain and provide for the administration of the Agriculture in the Classroom Fund as a separate and distinct fund in the Treasury, and no funds therein shall be available for expenditure except as provided in this section. (c) The Agriculture in the Classroom Fund shall be comprised of: (1) Grants and monetary gifts from the local industry, businesses, farmers and supporters and other agricultural partners; and (d) All monies pertaining to the Agriculture in the Classroom Fund shall be disbursed by the Commissioner of Finance, exclusively for expenditures by the Department of Education as follows: (1) Eighty percent (80%) of the funds appropriated, gifted, donated or appropriated to the Agriculture in the Classroom curriculum mandated by Title 7 ViTitle 7 Virgin Islands Code distributed equally between the school districts; and (2) Twenty percent (20%) to be used for administrative costs of the Agriculture in the Classroom Leadership Council pursuant to Title 17 Virgin Islands Code, Chapter 2. History: Added May 14, 2012, No. 7352, § 3, Sess. L. 2012, p. 53.

of Certain Obligations For the purposes of facilitating the processing and payment of the obligations of the Government of the United States Virgin Islands for telephone service, gasoline and oil for vehicles, and potable water and salt water services, the Governor may, in his discretion, authorize the transfer to a general fund expense account or accounts to be administered by the Department of Finance and/or the Department of Property and Procurement such funds as may be available in the budgets of the various departments and agencies of the Government of the Virgin Islands for the payment of the Government's obligations for telephone service, for gasoline and oil, and for potable water and salt water services. History: June 30, 1964, No. 1232, § 1, Sess. L. 1964, p. 351; amended Dec. 19, 1984, No. 5028, § 1(a), Sess. L. 1984, p. 409; Jan. 2, 1986, No. 5123, Sess. L. 1985, p. 176.

Information As to Payments; Notice and Adjustment of Improper Bills Paid (a) The Commissioner of Property and Procurement shall require the dealer of services referred to in section 3019, subsection (a) of this title, to submit a detailed listing of bills which shall be paid on the basis of certification of the certifying officer of the administering department. The Department of Property and Procurement shall furnish each department, agency, office and commission monthly information as to the bills which have been paid with sufficient detailed data to permit the department or agency involved to determine the accuracy of the charges. Any inaccuracies should be reported to the administering department which shall make appropriate adjustments in the next succeeding payment to the dealer. (b) Upon establishment of such account or accounts and the transfer thereto of appropriations of the various departments and agencies for the services referred to in section 3019, subsection (b) of this title, which may be done on a monthly or quarterly basis, the department or departments administering such account or accounts shall require the appropriate dealers to submit consolidated bills which shall be paid on the basis of certification of the certifying officer of the department administering the account. Such department shall furnish each department and agency monthly information as to the bills which have been paid with sufficient detailed data to permit the department or agency involved to determine the accuracy of the charges. Should a department or agency find that any bill or bills thus paid on a consolidated basis are improper or inaccurate, such department or agency shall immediately notify the department administering the account, which department shall make appropriate adjustments in the next succeeding payment of the dealer involved. History: June 30, 1964, No. 1232, § 2, Sess. L. 1964, p. 352; amended Dec. 19, 1984, No. 5028, § 1(b), Sess. L. 1984, p. 409.

Department For the purpose of determining accurate figures on total departmental obligations, the amounts paid for such service through the account or accounts herein authorized shall be administratively added to the total obligations of the department on an annual basis. History: June 30, 1964, No. 1232, § 3, Sess. L. 1964, p. 352.

Sections 3019 - 3022 of this title shall be effective on and after July 1, 1964, but its provisions may be implemented from time to time as the Governor may determine and direct. History: June 30, 1964, No. 1232, § 4, Sess. L. 1964, p. 352.

(a) Within five days of the receipt thereof, every department, agency or instrumentality of the Government of the United States Virgin Islands which receives or administers any program of grants-in-aid from the United States Government shall notify the Legislature of the Virgin Islands while in regular or special session of the purpose, source, limitations and amounts of such grants-in-aid. The notification required by this section shall be submitted to the Committee of jurisdiction of the Legislature when the Legislature is not in session. However, the monies made available to the Virgin Islands by the United States Department of Housing and Urban Development Community Block Grant Program may be allocated to projects, obligated, disbursed, expended, or reprogrammed by the head of any executive department, agency, or instrumentality charged with the administration of the Community Development Block Grant Program on behalf of the Territory, without approval by the Legislature of the Virgin Islands, or the Legislature's committee of jurisdiction. (b) Every application for Federal grants-in-aid or other form of Federal funding shall request reimbursement to the Territorial Government of all indirect costs when such reimbursement for such costs is permitted by Federal law. The Governor, his designee, or any other Territorial official responsible for any application for Federal grants-in-aid or other form of Federal funding shall certify to the Legislature's Committee on Finance before forwarding the application to any Federal department or agency that reimbursement for indirect costs has been requested, where such reimbursement is permitted by Federal law. (c) [Deleted.] (d) The Governor, through the Director of the Office of Management and Budget, shall submit the following to the Legislature: (1) On a quarterly basis: (A) A report which outlines by department, or agency, the titles of grants received, federal grantor agencies, periods available for expenditure, grant amounts, purposes, amounts expended, balances, and plans for reprogramming, if any; and, (B) A report on the uses of the Indirect Cost Fund, established pursuant to Title 33, section 3025, Virgin Islands Code. (2) On an annual basis: (A) A progress report on the efforts of all departments and agencies to consolidate grants with other more flexible grants that have minimal or no matching requirements; (B) A report of the programs which need to request waivers for the first $200,000 of matching share requirements or any other provisions of the grants that would assist in achieving objectives and goals outlined in the local budget document; and, (C) A report that summarizes the program accomplishments, problems that hinder the timely expenditure of funds, types of assistance or legislation needed to assist programs, and the status of draw-downs against each grant. (e) All employment positions created and funded through federal grants-in-aid, federal "block grant" programs or other forms of federal funding shall automatically terminate upon the expiration of the federal program or funding. History: Mar. 2, 1965, No. 1321, § 1, Sess. L. 1965, Pt. I, p. 37; amended June 23, 1981, No. 4571, § 2, Sess. L. 1981, p. 66; Mar. 28, 1990, No. 5531, Sess. L. 1990, p. 80; Aug. 23, 1999, No. 6289, § 9, Sess. L. 1999, p. 73; Feb. 2, 2010, No. 7149, § 19, Sess. L. 2009, p. 416; amended Dec. 6, 2013, No. 7574, § 8(a), (b), Sess. L. 2013, p. 282.

When used in sections 3023 - 3025 of this title the term "grants-in-aid" includes any payments made by the Federal Government to this Territory whether the payments are made in advance, or as reimbursements for expenditures already incurred, and whether subject to conditions or not for the support of activities administered by the Territory. The term does not include monies received pursuant to section 28 of the Revised Organic Act of the Virgin Islands. History: Mar. 2, 1965, No. 1321, § 2, Sess. L. 1965, Pt. I, p. 37.

(a) There is hereby established as a separate and distinct fund within the Treasury of the Virgin Islands a special fund to be designated and known as the "Indirect Cost Fund". This Fund shall be comprised of amounts deposited therein as described hereinbelow, as well as of funds appropriated thereto by the Legislature as may from time to time be necessary. (b) All eligible grants-in-aid, as described in section 3024 of this chapter and Federal regulations, shall pay the allowable indirect costs of such grants-in-aid to the Indirect Cost Fund. (1) The inclusion of such indirect costs shall be a condition of prior approval of such grants-in-aid, as required by Title 3, section 67 of this Code. (2) The Commissioner of Finance shall provide a detailed quarterly report of payments made to the Indirect Cost Fund to the Governor, Director of the Office of Manager and Budget, Federal Programs Coordinator and Legislature. (3) The Director of the Office of Management and Budget, in consultation with the Commissioner of Finance, shall certify those Federal grant-in-aid funds presently in the treasury accounts from which indirect costs may be deducted pursuant to prior agreement with local and Federal administering agencies, provided that no such deduction shall be made for any Federal Grant awarded prior to October 1, 1980. The Commissioner of Finance shall transfer such deductible amounts to the Indirect Cost Fund to be expended as provided in paragraph (4) of this subsection. (4) The Indirect Cost Fund shall be utilized for the purpose of improving Federal grants administration and management in the Territory and increasing Virgin Islands' participation in Federal grant-in-aid programs, including but not limited to, grant, budget and accounting assistance, grant proposal development, grant management training, special studies and acquisition of equipment intended for the improvement of central administration, accounting or reporting of Federal grant programs, and for other purposes. (5) Funds deposited into the Indirect Cost Fund may be appropriated annually by the Legislature to support all operating expenses including salaries, for the office of the Federal Programs Coordinator, to support Federal programs activities established within the various departments or agencies of the Government receiving Federal grants assistance; and for grant-in-aid matching purposes when other matching fund sources are not available pursuant to an office budget prepared by the Federal Programs Coordinator. (6) Subject to the appropriation allocation process established by law and in accordance with the office budget approved by the Legislature, the Indirect Cost Fund shall be administered by the Commissioner of Finance upon certification for expenditure by the Federal Programs Coordinator. (c) Nothing contained in sections 3023 through 3025 of this chapter shall limit the authority of any department, agency or instrumentality of the Government of the United States Virgin Islands to receive and expend grants-in-aid from the United States, for the purposes authorized in the granting Federal agency. (d) Nothing in this section shall be construed as permitting the expenditure or obligation of any monies in the Indirect Cost Fund which monies have not previously been appropriated by the Legislature for such expenditure or obligation. No transfers of monies shall be made from or within the Indirect Cost Fund without the prior approval of the Legislature's Committee on Finance. History: Mar. 2, 1965, No. 1321, § 3, Sess. L. 1965, Pt. I, p. 38; amended Aug. 1, 1977, No. 4034, § 2, Sess. L. 1977, p. 188; June 23, 1981, No. 4571, § 1, Sess. L. 1981, p. 65.

(a) There is created and established in the Treasury of the Virgin Islands a special fund to be designated the Retirement System Mortgage Loan Fund. The Commissioner of Finance shall maintain and provide for the administration of said Fund as a separate and distinct fund in the Treasury, and no funds shall be available for expenditure except as provided by law. (b) There is authorized to be appropriated to the Retirement System Mortgage Loan Fund such sums each year as are determined necessary by the Legislature upon recommendation by the Director of Personnel for restoration of losses to the Retirement System as provided for by section 717(b)(9)(A)(i) of Title 3, as amended. (c) Monies shall be disbursed from the Retirement System Mortgage Loan Fund to the Retirement System by the Commissioner of Finance at the discretion of the Board of Trustees of the Employees Retirement System of the Government of the United States Virgin Islands under authority granted by section 717(b)(9) (A)(i) of Title 3, as amended. History: Added Apr. 15, 1966, No. 1726, § 2, Sess. L. 1966, p. 234.

There is hereby established in the Treasury of the Virgin Islands, a special fund to be designated the "Interest Revenue" Fund into which there shall be deposited all revenues of the Government of the United States Virgin Islands derived from interest earned on deposits of governmental funds, except interest earned on funds which the Government holds or administers as custodian or trustee, or any interest revenues which by law are specifically covered into other special funds of the Treasury. The Commissioner of Finance is directed to maintain and provide for the administration of the Interest Revenue Fund as a separate and distinct fund in the Treasury and no funds therein shall be available for expenditure except as provided by the Legislature. History: Amended Feb. 9, 1967, No. 1845, Sess. L. 1967, p. 12; Feb. 12, 1969, No. 2426, §§ 1, 2, Sess. L. 1969, p. 80.

(a) There is established in the Treasury of the Virgin Islands a special revolving fund to be known as the Moderate Income Housing Fund. The Commissioner of Finance shall provide for the administration of the said Fund as a separate and distinct fund in the Treasury, and no amounts therein shall be available for expenditure or disbursement except as provided in this section. The said Fund shall consist of: (1) all sums appropriated thereto from time to time by the Legislature; (2) the proceeds of all sales or rentals of moderate income housing pursuant to subchapter IX of chapter 1 of Title 29; (3) all proceeds, up to $250,000 annually, of the gross receipts tax collected pursuant to chapter 3 of this title; (4) all amounts transferred thereto by the Governor from the Emergency Housing Fund in accordance with the provisions of chapter 2 of Title 29; (5) all amounts borrowed pursuant to the provisions of section 191h of Title 29. (b) Monies pertaining to the Moderate Income Housing Fund shall be disbursed by the Commissioner of Finance, for payment of annual installments and for prepayments, authorized by the Governor, on the principal and interest on the loan authorized by law from the reserves of the Employees Retirement System. The balance of monies in the said Fund, in excess of cash requirements set aside annually as a reserve to meet the foregoing installment payments, shall be disbursed by the said Commissioner, upon certification by the Executive Director of the Virgin Islands Housing Finance Authority, for the purposes of carrying out the provisions of subchapter IX of chapter 1 of Title 29, and for use in connection with moderate income housing projects (as defined in section 191b of Title 29) recommended by the Advisory Committee established within the Virgin Islands Housing Finance Authority under the provisions of section 191e of Title 29. History: Added Apr. 18, 1967, No. 1927, § 4, Sess. L. 1967, p. 121; amended July 7, 1967, No. 2004, § 1, Sess. L. 1967, p. 366; Apr. 1, 2008, No. 6973, § 17, Sess. L. 2007, p. 190.

(a) There is established within the Treasury of the Virgin Islands a separate and distinct fund to be designated and known as the Office of the Code Revisor Fund (hereinafter, in this section referred to as the "Fund"). The Commissioner of Finance shall maintain and provide for the administration of the Fund as a separate and distinct fund in the Treasury, and no monies shall be made available for expenditure therefrom, except as provided by law. All monies in the Fund shall remain available until expended. (b) The Fund shall consist of all monies appropriated from time to time by the Legislature, all public or private grants, gifts, donations, bequests or devises to the Office of the Code Revisor, any monies collected by the Office of the Code Revisor or any appropriation transfers thereto. (c) Monies shall be disbursed from the Fund by the Commissioner of Finance, upon warrant of the Certifying Officer of the Legislature, for the purposes of the Office of the Code Revisor established in 2 V.I.C. § 209. History: Added Sept. 21, 1987, No. 5278, § 2, Sess. L. 1987, p. 129; amended Apr. 16, 2007, No. 6917, § 10, Sess. L. 2007, p. 16.

(a) There is created and established in the Treasury of the Virgin Islands a special revolving fund to be designated and referred to as the Foster Care of Children Fund. The Commissioner of Finance shall maintain and provide for the administration of said Fund as a distinct fund in the Treasury, and no monies shall be available for expenditures from said Fund, except as provided by law. (b) The Foster Care of Children Fund shall consist of all payments to the Commissioner of Social Welfare received from parents for the foster care of their children, and appropriations from the Legislature of the Virgin Islands, which the Commissioner of Social Welfare shall deposit in the Fund. Moneys shall be disbursed from the Fund by the Commissioner of Finance, upon authorization of the Commissioner of Social Welfare, for the purpose of making payments for the foster care of children to foster parents pursuant to the provisions of subsection (c) of section 104, Title 34 of this Code and for such other expenses as are, in the opinion of the Commissioner of Social Welfare, necessary for the health, welfare and safety of the child in the foster home. History: Added Mar. 13, 1967, No. 1874, § 2, Sess. L. 1967, p. 40; amended July 7, 1967, No. 1999, Sess. L. 1967, p. 362.

(a) There is created and established in the Treasury of the Virgin Islands a special revolving fund to be designated and known as the Criminal Victims Compensation Fund. The Commissioner of Finance shall maintain and provide for the administration of said Fund as a separate and distinct fund in the Treasury, and no monies shall be available for expenditure from said Fund except as provided by law. (b) There is authorized to be appropriated to the Criminal Victims Compensation Fund such sums each year as are determined necessary by the Legislature, upon recommendation by the Virgin Islands Criminal Victims Compensation Commission for carrying out the provisions of chapter 7, Title 34 of this code. The Fund shall consist of all monies appropriated thereto pursuant to authorization under this section and of all monies paid to the Fund pursuant to the provisions of subchapter IV of said chapter 7. (c) Monies shall be disbursed from the Criminal Victims Compensation Fund by the Commissioner of Finance at the discretion and direction of the Executive Secretary of the Virgin Islands Criminal Victims Compensation Commission for the purpose of awards and payments under the provisions of chapter 7, Title 34 of this code. History: Added Mar. 6, 1968, No. 2111, § 3, Sess. L. 1968, Pt. I, p. 33.

(a) There is created and established in the Treasury of the Virgin Islands a special revolving fund to be designated and known as the Small Business Development and Loan Fund (hereinafter in this section referred to as the "Fund"). The Commissioner of Finance shall maintain and provide for the administration of the Fund as a separate and distinct fund in the Treasury, and no monies shall be available for expenditure from the Fund, except as provided by law. (b) There is authorized to be appropriated to and deposited in the Fund such sums each year from the General Fund of the Treasury of the Virgin Islands as are determined necessary by the Legislature, upon recommendation of the Board of Directors of the Economic Development Authority and the concurrence of the Governor, to carry out the provisions of chapter 23, Title 11, of this Code. The Fund shall consist of all monies appropriated thereto pursuant to authorization under this section and of all repayments of loans, payments of interest, and other receipts arising out of transactions financed from the Fund. (c) Monies shall be disbursed from the Fund by the Commissioner of Finance, upon the authorization of the Board of Directors of the Economic Development Authority, through its duly authorized and designated representative, for the purpose of granting loans in accordance with the provisions of chapter 23, Title 11, of this Code. (d) The Commissioner of Finance shall maintain a detailed accounting record of all monies deposited into and disbursed from the Fund, and he shall submit a quarterly report on the financial status of the Fund to the Governor and the Legislature, which report shall include the amount of each disbursement from the Fund together with the name and address of the person or small business concern to whom each such disbursement was made. History: Added Aug. 27, 1969, No. 2530, § 2, Sess. L. 1969, p. 257; amended Jan. 5, 1998, No. 6191, § 1, Sess. L. 1997, p. 425; Feb. 1, 2001, No. 6390, § 31, Sess. L. 2000, p. 425.

Fund (a) There is established in the Treasury of the Virgin Islands a special fund to be designated the "Virgin Islands Fire and Emergency Medical Services Emergency Fund". The Commissioner of Finance shall provide for the administration of this Fund as a separate and distinct fund in the Treasury, and no amounts therein shall be available for expenditures or disbursement except as provided in this section. This Fund shall consist of all sums appropriated thereto from time to time by the Legislature and all of the monies collected pursuant to Title 23, sections 551b and 605 of this Code, and all fees and charges collected pursuant to Title 23, section 603 of this Code. (b) Monies shall be disbursed from the Fund by the Commissioner of Finance, upon authorization of the Director of the Virgin Islands Fire and Emergency Medical Services, for the purpose of making payments for extraordinary expenses incurred in fighting fires and other emergencies involving the Virgin Islands Fire and Emergency Medical Services. Monies in the Fund may also be utilized for the hiring of fire inspectors and for the purchase of firefighting equipment and supplies. History: Added Apr. 2, 1970, No. 2684, § 1, Sess. L. 1970, p. 61; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; Oct. 31, 1998, No. 6269, §§ 21, 22(c), Sess. L. 1998, pp. 454, 455; Feb. 1, 2001, No. 6378, § 2, Sess. L. 2000, p. 375; amended Apr. 8, 2022, No. 8545, § 4, Sess. L. 2022, p. 62.

(a) There is hereby established in the Treasury of the Virgin Islands a special revolving fund to be designated and referred to as the Health Insurance Fund. The Commissioner of Finance shall provide for the administration of such fund as a separate and distinct fund in the Treasury, and no amounts shall be available for expenditure or disbursement except as provided for in this section. (b) The Health Insurance Fund shall consist of: (1) all sums appropriated thereto from time to time by the Legislature; (2) amounts withheld from employees and retired employees under the provisions of subchapter VIII of chapter 25 of Title 3 of this Code; (3) income derived from any dividends, premiums, rate, adjustments or other refunds under any self- funded health insurance plan and any contract or contracts for insurance pursuant to subchapter VIII of chapter 25chapter 25 of Title 3ode; which income shall be retained in the fund as a special reserve for adverse fluctuation in future charges under any such contract or contracts; (4) proceeds derived from the Medicare Part D subsidy. (c) Money shall be disbursed from the Health Insurance Fund by the Commissioner of Finance upon authorization of the Chairman of the Health Insurance Board of Trustees for purposes authorized by the provisions of subchapter VIII of chapter 25 of Title 3 of this Code including payment of pharmaceutical insurance invoices/bills under any contracted Pharmaceutical Plan Card System. History: Added Sept. 4, 1970, No. 2816, § 2, Sess. L. 1970, p. 311; amended Mar. 19, 1998, No. 6213, § 3, Sess. L. 1998, p. 210; Sept. 29, 2006, No. 6866, § 1, Sess. L. 2006, p. 225.

There is hereby created within the Treasury of the Virgin Islands, a special fund to be known as the "Milk Processors Relief Fund" (hereinafter referred to as the Fund). Said Fund shall be utilized in paying a subsidy to St. Croix Milk Processors on the basis of an increased production and processing cost for Grade A fresh milk of $ .05 per quart produced. The Fund shall be administered by the Commissioner of Finance, who shall disburse subsidy payments on a monthly basis upon submission to him of milk production records of the processors establishing to his satisfaction the amount of milk, in quarts, produced by such processor for that month. The Commissioner of Finance shall promulgate rules and regulations as shall be necessary for the proper administration, supervision and enforcement of the subsidy created herein. History: May 1, 1973, No. 3428, § 1, Sess. L. 1973, p. 81.

(a) There is hereby established in the Treasury of the Virgin Islands a special fund to be designated and known as the Homicide Detection Reward Fund (hereinafter referred to as the Fund). The Commissioner of Finance shall maintain and provide for the administration of the Fund as a separate and distinct fund in the Treasury and no monies shall be available for expenditure from said Fund except as provided by law. The Fund shall consist of all sums appropriated thereto from time to time by the Legislature. (b) Monies shall be disbursed from the Fund by the Commissioner of Finance, upon the authorization and direction of the Attorney General of the Virgin Islands for the publication of offers of rewards and for the payment of rewards as herein further specified. (c) The Attorney General of the Virgin Islands is authorized to offer and to pay a reward of up to and including $10,000.00 from the Fund for information leading to the arrest and conviction of individuals who participated in any homicide which has heretofore or may hereafter occur in the Virgin Islands. The reward herein authorized to be offered and paid shall be the maximum for any one homicide and may be apportioned in instances in which more than one individual provided information contributing to the solution of any one homicide and to the subsequent arrest and conviction of the perpetrators thereof. The Attorney General shall prescribe rules and regulations for the implementation of this subsection. (d) The Attorney General shall cause to be widely publicized any reward which he may offer under this section. He may cause to be expended monies in the Fund for the advertisement of any offer of reward. (e) The Commissioner of Finance shall maintain a record of all monies deposited into and disbursed from the Fund and he shall annually report to the Governor and the Legislature on the status of the Fund. History: Added July 8, 1974, No. 3598, § 1, Sess. L. 1974, p. 194; amended Dec. 27, 1974, No. 3653, Sess. L. 1974, p. 280.

(a) There is established in the Treasury of the Virgin Islands a special fund to be designated the "Molasses Subsidy Fund", which shall be administered by the Commissioner of Finance. The Fund shall consist of monies appropriated thereto by the Legislature, which funds shall remain available until expended. (b) Monies from the Molasses Subsidy Fund shall be paid to established industries engaged in the processing of molasses into rum within the Virgin Islands in accordance with the following formula and procedure: (1) The molasses processing industry shall notify the Commissioner of Finance of each proposed importation of molasses into the Virgin Islands at least ten days in advance of the date on which delivery of shipment is anticipated. Said notification shall include information as to the approximate number of gallons in the shipment and the estimated cost of same. (2) Upon receipt of the notification required by paragraph (1) hereofparagraph (1)ioner of Finance shall immediately proceed to allocate from the Fund monies sufficient to cover the amount of the subsidy to be granted the industry-purchaser, plus a reasonable additional sum to cover any contingent costs. (3) The industry-purchaser shall, as soon as possible after receipt of the molasses shipment, submit certified vouchers to the Commissioner of Finance covering the total c.i.f. cost of the molasses purchased. (4) The Commissioner of Finance shall, upon receipt of certified vouchers from the industry-producer verify the correctness of same and thereupon, not more than three days after receipt of said vouchers, make payment of the proper subsidy to the industry-producer. (c) The molasses subsidy granted pursuant to this section shall be equal to the difference between (1) 16 cents (U.S.) per gallon and (2) the total cost per gallon to the industry-purchaser. For purposes of this subsection, total cost per gallon to the industry-purchaser shall be the c.i.f. Virgin Islands' cost of the molasses delivered in the first place of storage within the Virgin Islands, including, where applicable any duties and other verifiable costs of placing said molasses into the first Virgin Islands' storage facility. The subsidy shall not include any charges applicable to the handling or delivery of the molasses from the first place of storage in the Virgin Islands to the industry-purchaser. No subsidy shall be paid on any island at a rate higher than the lowest rate of such subsidy paid on such island by the Government. (d) The Commissioner of Finance shall be empowered to require from any manufacturer claiming or receiving subsidies under the provisions of this section any and all vouchers, statements, certificates, consular invoices, or other pertinent documents as he may consider necessary and proper for effectively verifying and determining the exact amount of each and every subsidy claimed or for implementing any other provision of this section. The Commissioner of Finance is likewise authorized whenever deemed necessary, and in the interest of the Government of the United States Virgin Islands, to inspect all business records of persons or firms claiming or granted subsidies under the provisions of this law. (e) (1) All molasses purchased under this subsidy program shall be converted into rum by an established rum-producing industry within the Virgin Islands. (2) Each industry-producer receiving a subsidy under this Act shall file a quarterly statement on the 15th day of January, April, July and October of each and every year hereafter in which a subsidy is granted showing the use and disposition of all molasses purchased hereunder. (f) The Governor is authorized and directed to conduct such studies from time to time, and after notice and hearing to all interested parties, as shall be necessary to determine the specific quantity of molasses to be subsidized in any fiscal year, as well as how the subsidy should be apportioned among the industry, based upon estimates of rum production, molasses requirements and any other relevant factors; and the subsidy shall be apportioned among the rum-producing industries in the Virgin Islands on the basis of such studies and determination. (g) Any person who shall willfully or knowingly present any false claim for subsidies under the provisions of this section with intent to defraud the Government of the United States Virgin Islands of monies authorized to be disbursed by the Commissioner of Finance for assistance to the said industries shall be guilty of a felony, and upon conviction therefor shall be punished by a fine not to exceed $20,000.00, or imprisonment for not more than 10 years, or both. (h) (1) Subject to paragraph (paragraph (7)bsection, the Governor, on behalf of the Government of the United States Virgin Islands, and in conformity with the provisions of Title 33, section 3101, Virgin IslaVirgin Islands Code authorized and empowered to negotiate, execute and deliver contracts with an established industry engaged in the processing of molasses into rum within the Virgin Islands which is a recipient of monies from the Molasses Subsidy Fund providing that, should the industry-purchaser incur expenditures for capital projects which the Governor determines to be necessary or desirable to maintain or expand the level of rum manufacturing in the Virgin Islands, the Government will agree, in consideration of those expenditures, to maintain (and appropriate sufficient funds for) the Molasses Subsidy Fund program established by this section (from the time such contract is entered into to) and including a date ten (10) years following issuance to the industry-purchaser of the final governmental permit, license, authorization or approval required to commence the commercial use or occupancy of such capital project. (2) If a contract is entered into pursuant to paragraph (1) of this subsection and the industry- purchaser shall fully perform or be in the course of performing its obligation thereunder, but the Molasses Subsidy Fund program is not maintained and fully funded in accordance with that contract, the Government of the United States Virgin Islands shall be liable for either the actual damages to the industry-purchaser resulting from the breach (if ascertainable) or for liquidated damages, according to the following schedule, whichever is the lesser, in an amount which shall be stipulated in the contract, but in no event more than $5 million dollars ($5,000,000); Time at which Molasses Subsidy Fund Program Is Altered Reimbursement of Capital Project Cost to Industry- Purchaser Prior to or within 1 yr. after industry-purchaser receives final authorization to commence commercial use of capital project (hereinafter "use date") 100% 1-2 yrs. following use date 90% 2-3 yrs. following use date 80% 3-4 yrs. following use date 70% 4-5 yrs. following use date 60% 5-6 yrs. following use date 50% 6-7 yrs. following use date 40% 7-8 yrs. following use date 30% 8-9 yrs. following use date 20% 9-10 yrs. following use date 10% 10 or more yrs. following use date 0% The contract shall require that the industry-purchaser provide to the Governor and the Legislature such records as shall be necessary to verify the expenses it incurs in completing any capital project subject to such contract. (3) (A) Notwithstanding any other provision of this subsection (h), any contract entered into pursuant to paragraph (1) hereof shall provide tparagraph (1)ations of the Virgin Islands Government to maintain and fully fund the Molasses Subsidy Fund program shall terminate if, and at such time as, the Virgin Islands Government ceases to receive revenue pursuant to section 28(b) of the Revised Organic Actsection 28(b) of the Revised Organic Act bottling or sale in the United States of rum manufactured in the Virgin Islands. (B) Furthermore, any contract entered into pursuant to paragraph (1) of this subsection shall paragraph (1)at the Virgin Islands Government has no obligation thereunder to pay molasses subsidies to the industry-purchaser for any single fiscal year in excess of eighty-five (85%) of the total cost per gallon, as defined in subsection (c) of this section (as codified on January 1, 1980), of each gallon of molasses purchased by the industry-purchaser during that fiscal year which qualified for payment of the molasses subsidy under subsection (d)(1) of this section (as codified on January 1, 1980); Provided, however, That such subsidy shall in no event reduce the cost to the industry-purchaser to an amount less than sixteen ($0.16) cents per gallon of molasses. (4) The Government of the United States Virgin Islands shall not adopt any legislation impairing or limiting the financial obligations of the parties under any contract entered into pursuant to this subsection. (5) Any industry-purchaser aggrieved by any action or inaction of the Government of the United States Virgin Islands under the provisions of this subsection shall be entitled to review thereof in the District Court of the Virgin Islands. The Legislature of the Virgin Islands may, at any time, however, appropriate such funds as may be necessary fully to satisfy any liability incurred pursuant to paragraph (2) of thiparagraph (2) whether or not a judgment for such amount has been rendered by the District Court in favor of the industry-purchaser. (6) For the purposes of facilitating the processing and payment of obligations of the Government of the United States Virgin Islands for damages under contracts entered into pursuant to paragraph paragraph (1)ubsection, notwithstanding any other provision of law to the contrary, the Governor may with the approval of the Legislature authorize the transfer from any of the various funds within the Treasury of the Virgin Islands to an account to be administered by the Commissioner of Finance such amounts as may be necessary to pay the Government's obligations for damages under such contracts. (7) No contract negotiated and executed pursuant to the provisions of paragraph (1) of this subsection shall be delivered to an industry-purchaser until said contract shall have been submitted to and ratified by the Legislature. In the event that the Legislature acts to disapprove such contract, the disapproved contract, with the objections of the Legislature, shall be returned to the Governor within 10 days after the date of disapproval. History: Added July 29, 1974, No. 3609, § 1, Sess. L. 1974, p. 206; amended July 9, 1980, No. 4450, Sess. L. 1980, p. 106; Oct. 14, 1986, No. 5211, § 6, Sess. L. 1986, p. 325; Oct. 3, 2006, No. 6892, § 1, Sess. L. 2006, p. 292.

(a) There is established in the Treasury of the Virgin Islands a fund to be known as the "Juvenile Detention Center Fund". The Commissioner of Finance shall provide for the administration of the fund as a separate and distinct fund in the Treasury of the Virgin Islands. Expenditures from the fund shall be pursuant to annual appropriations by the Legislature and no monies may be disbursed from the fund except as provided in this section. (b) The fund shall consist of all proceeds from seizure of illegal lottery tickets; public or private monetary grants, gifts, donations, bequests or devises; and all sums appropriated thereto, from time to time, by the Legislature of the Virgin Islands. (c) The Commissioner of Finance shall deposit the monies contained in the fund in interest earning accounts pursuant to chapter 117 of this title. The interest earned on the monies on deposit in the fund shall also be deposited into the fund. (d) The Commissioner of Finance shall disburse monies from the fund upon authorization of the Commissioner of Human Services specifically for renovating, refurbishing, building or equipping, and related expenses, of the Juvenile Detention Centers, Youth Residential and/or Youth Correctional Centers. (e) The Commissioner of Finance shall maintain a detailed accounting record of all monies deposited into and disbursed from the fund and shall submit to the Governor and the Legislature annually, at the close of the fiscal year, a report on the financial status of the fund. History: Added Jan. 3, 1991, No. 5670, Sess. L. 1990, p. 474.

(a) There is established within the Office of Veterans Affairs, under the Office of the Governor, an account to be known as the "Veterans Emergency and Mainland Transportation Account." The purpose of this account is to provide transportation assistance to veterans for the purpose of receiving necessary medical care. The funds in the Account must be used exclusively to cover airfare expenses for Virgin Islands veterans who travel to the mainland United States to receive necessary medical care. Reimbursement shall be provided upon presentation of documentation signed by an authorized licensed medical provider. (b) The Director of Veterans Affairs, or a designee within the Office of the Governor, shall cover all or part of the costs associated with transporting veterans of the United States Armed Forces residing in the Virgin Islands to and from Veterans Administration hospitals, located outside the territory for the purpose of receiving emergency medical treatment or services. Additionally, funds may be disbursed to cover transportation costs for at least one family member, or other individual, to accompany the veteran to and from the medical facility. (c) The Director of Veterans Affairs, or a designee within the Office of the Governor, shall pay 100% of the airfare costs incurred by Virgin Islands veterans of the United States Armed Forces for travel, up to twice per calendar year, to and from medical facilities, including Veterans Administration hospitals, located on the mainland United States, for the purpose of receiving medical treatment and services. Additionally, the Director shall cover 100% of the airfare costs for at least one family member, or other individual, to accompany the veteran, provided that the veteran requires assistance with daily tasks or is suffering from a catastrophic illness. (d) The Commissioner of Health and the Director of the Office of Veterans Affairs shall promulgate regulations defining the terms "emergency treatment and services" and "catastrophic illness" for the purposes of subsection (c). (e) For the purposes of this section, a "Virgin Islands Veteran" is a person who was discharged or released under conditions other than a dishonorable discharge from the United States Armed Services who served in active military, naval or space services and who either (1) entered the Armed Services of the United States while residing in the Virgin Islands, or (2) claimed the Virgin Islands as his domicile but entered the Armed Services in another jurisdiction while temporarily residing there for the purpose of attending high school or postsecondary education, or (3) served in the Virgin Islands National Guard for 20 or more years of qualifying service as a traditional M-Day soldier or airman. History: Added Mar. 12, 1975, No. 3674, § 2, Sess. L. 1975, p. 8; amended June 2, 1992, No. 5789, § 1, Sess. L. 1992, p. 81; Oct. 31, 1997, No. 6186, § 1, Sess. L. 1997, p. 105; added Oct. 16, 2024, No. 8921, § 1, Sess. L. 2024, p. -.

There is established in the Treasury of the Virgin Islands a special fund to be known as the "Equipment Purchase Fund" (hereinafter referred to as the Fund). Said Fund shall be utilized in purchasing equipment for the operation of the various executive departments and agencies of the Government of the Virgin Islands. The Fund shall be administered by the Commissioner of Finance. Equipment shall be purchased from the Fund upon recommendations by the Commissioner of Property and Procurement, with the prior approval of the Governor and Finance Committee of the Legislature. The Fund shall be comprised of sums appropriated thereto from time to time by the Legislature. History: Added July 14, 1975, No. 3718, § 10, Sess. L. 1975, p. 106.

Infrastructure Fund (a) There is established in the Treasury of the Virgin Islands a separate and distinct fund to be designated the "Virgin Islands Water and Power Authority Generating and Infrastructure Fund" (hereinafter, the "Fund"). The Commissioner of Finance shall provide for the administration of the Fund and no monies contained therein shall be available for expenditure or disbursement except as provided in this section. (b) The Fund shall consist of all sums received under the fuel tax system established by Title 33 Virgin Islands Code, Chapter 5, Section 91, all sums appropriated thereto from time to time by the Legislature, funds raised by the issuance of bonds or other instruments, all gifts, grants, bequests or contributions, federal or local, as may be made to the Fund and which the Commissioner of Finance is authorized to accept and deposit therein. The funds shall remain available until expended. (c) The Commissioner of Finance shall disburse monies in the Fund to the Virgin Islands Water and Power Authority on a quarterly basis. The Virgin Islands Water and Power Authority shall hold all monies disbursed under this subsection in a separate account to be used exclusively for: (1) Funding new energy and power generating units and/or heat recovery steam generators which shall be energy efficient and have the ability to convert to natural gas for the St. Thomas/St. John District; (2) Funding new energy and power generating units and/or heat recovery steam generators which shall be energy efficient and have the ability to convert to natural gas for the St. Croix District; and (3) Assisting with the issuance of bonds for the Virgin Islands Water and Power Authority. (d) The Commissioner of Finance shall maintain a record of all monies deposited into and disbursed from the Fund and shall submit semi-annual reports to the Legislature of the Virgin Islands on the status of the Fund. (e) The Board of Directors of the Virgin Islands Water and Power Authority shall develop and submit to the Governor and the Legislature within ninety days of the effective day of this Act, an Integrated Resource Plan for the expenditure of funds from the Virgin Islands Water and Power Authority Generating and Infrastructure Fund. The cost of developing the Integrated Resource Plan shall be paid from the Virgin Islands Water and Power Authority Generating and Infrastructure Fund. History: Added May 14, 2012, No. 7360, § 2, Sess. L. 2012, pp. 77-78; amended Oct. 5, 2012, No. 7414, § 7(a), Sess. L. 2012, p. 307; amended Dec. 6, 2013, No. 7574, § 5(a), (b), Sess. L. 2013, p. 281.

(a) There is hereby established in the Treasury of the Virgin Islands a special fund to be designated and known as the Crime Information Fund. The Commissioner of Finance shall maintain and provide for the administration of the Crime Information Fund as a separate and distinct fund in the Treasury and no monies shall be available for expenditure therefrom except as provided by law. The Crime Information Fund shall consist of all sums appropriated thereto from time to time by the Legislature. (b) Monies shall be disbursed from the Crime Information Fund by the Commissioner of Finance, upon the authorization and direction of the Police Commissioner, for the payment of cash awards as herein further specified. (c) Monies from the Crime Information Fund may be withdrawn by the Commissioner of the Virgin Islands Police Department, for deposit in a Petty Cash Fund, hereby created, to be maintained in the office of the Commissioner, provided that the Petty Cash Fund shall not exceed the sum of five thousand dollars ($5,000.00) at any one time. Cash awards may be made from the Petty Cash Fund by the Police Commissioner or his designee to any person providing reliable information leading to the arrest of individuals who are suspected of participating in any crime which is a felony under the laws of the Virgin Islands and which has heretofore or may hereafter occur in the Virgin Islands. The Police Commissioner shall maintain a proper and complete accounting of expenditures from the Petty Cash Fund and make periodic reports as may be required by the Commissioner of Finance, provided, however, the names of informants receiving awards under this section shall be kept confidential. (d) The Commissioner of Finance shall maintain a record of all monies deposited into and disbursed from the Crime Information Fund and he shall annually report to the Governor and the Legislature on the status of said Fund. History: Added July 31, 1975, No. 3720, § 1, Sess. L. 1975, p. 110; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; May 2, 1994, No. 5969, § 2, Sess. L. 1994, p. 43.

(a) There is hereby created and established as a separate and distinct fund within the Treasury of the Virgin Islands a special fund to be designated and known as the "General Disaster Relief Fund". No funds shall be available for expenditure from the General Disaster Relief Fund, except as provided herein. (b) The fund shall consist of such amounts appropriated thereto from time to time by the Legislature and the proceeds of all federal grants received pursuant to Title 23, section 1135, Virgin Islands Code. (c) The Commissioner of Finance shall disburse monies from the General Disaster Relief Fund upon authorization of the Commissioner of Human Services for the purpose of providing financial assistance to families or individuals who suffer loss, hardship, property damage, necessary expenses, or serious need as an immediate and direct result of any emergency or major disaster, as defined by section 1124 of Title 23, Virgin Islands Code, or the Disaster Relief Act of 1974 (P.L. 93-288), any amendment thereto, or successor Act. Financial grants shall be made to meet necessary expenses or serious needs of individuals or families adversely affected by an emergency or major disaster, and related thereto, which cannot otherwise adequately be met from other means of assistance, and shall not exceed $5,000 in the aggregate to an individual or family in any single such emergency or major disaster. The Commissioner of Social Welfare shall maintain a detailed accounting record of all monies which have been disbursed together with the name and address of the person to whom disbursement is made and the purpose or purposes for which it is made. Monies from the fund may also be used to provide for the administration of the financial assistance provided by this section. In the case of federal grants together with the local matching share related thereto, this disbursement shall not exceed that percentage of the federal grant and local matching share permitted by federal law or regulation. In the case of other local appropriations this disbursement shall not exceed the higher of twelve percent or the percentage applicable to a federal grant and the local matching share related thereto. (d) Disbursement from the General Disaster Relief Fund shall not be contingent upon a claim or showing of fault or liability on the part of the Government of the United States Virgin Islands in connection with any loss, expense, hardship, damage or need experienced by an individual or family eligible for assistance hereunder. (e) Recipients of emergency or major disaster assistance grants under this section are required to purchase flood insurance as a condition to receiving such assistance. The flood insurance policy must remain in force or the recipient will not be eligible for any future grants under this section. (f) The Commissioner of Human Services shall make such rules and regulations as are necessary for carrying out the purposes of this section, including, but not limited to, regulations establishing standards of eligibility for persons applying for benefits; procedures for applying and administration; and methods of investigation, filing, and approving applications. (g) Any person who fraudulently or wilfully makes a misstatement of fact in connection with an application for financial assistance under this section shall, upon conviction for each offense, be subject to a fine of not more than $5,000, or imprisonment for not more than one year, or both. History: Nov. 6, 1975, No. 3763, §§ 1, 3, 4, Sess. L. 1975, p. 186; amended May 24, 1983, No. 4810, § S. Sess. L. 1983, p. 58; May 25, 1983, No. 4814, §§ 3, 4, Sess. L. 1983, p. 64; June 2, 1983, No. 4821, § 1, Sess. L. 1983, p. 74; July 7, 1983, No. 4842, §§ 1, 2, Sess. L. 1983, p. 103; June 1, 1984, No. 4952, § 2, Sess. L. 1984, p. 161.

(a) There is created in the Treasury of the Virgin Islands a special fund to be designated the "Medical Expert Fund" into which shall be deposited all revenues appropriated to said fund. The fund shall be used to pay the cost of obtaining expert medical opinions pursuant to 27 Virgin Islands Code, section 166i. The Commissioner of Finance is directed to maintain and provide for the administration of said fund as a separate and distinct fund in the Treasury, and no funds therein shall be available for expenditure except as provided herein and in 27 Virgin Islands Code, section 166i. Disbursements from the fund shall be made by the Commissioner of Finance upon authorization by the Commissioner of Insurance as Chairman of the Medical Malpractice Action Review Committee. (b) The Fund and any income from it shall be invested and reinvested by the Commissioner of Finance. (c) The Commissioner of Finance shall submit quarterly reports to the Governor and the Legislature, listing all receipts and expenditures pertaining to the Medical Expert Fund. History: Added Nov. 18, 1975, No. 3770, § 3, Sess. L. 1975, p. 204.

(a) There is created and established in the Treasury of the Virgin Islands a special fund to be designated and known as the Liberty Day Celebration Fund. The Commissioner of Finance shall maintain and provide for the administration of said fund as a separate and district fund in the Treasury, and no monies shall be available for expenditure from said Fund except as provided by law. There is authorized to be appropriated each year to the Department of Planning and Natural Resources from the Liberty Day Celebration Fund a sum, not to exceed $1,000, to be expended to promote and enhance the celebration of Liberty Day in Estate Grove Place, St. Croix, and the Department shall faithfully expend such sum in a timely manner in accord with the policy of this section. (b) Monies shall be disbursed from the Liberty Day Celebration Fund by the Commissioner of Finance upon the certification of the Commissioner of Planning and Natural Resources for the purpose of implementing plans for the celebration of Liberty Day in Estate Grove Place, St. Croix, on November 1 of each year. History: Added Apr. 25, 1977, No. 3965, Sess. L. 1977, p. 41.

(a) There is created in the Treasury of the Virgin Islands a Horse Racing Improvement Fund consisting of such monies as may be appropriated thereto, from time to time, all receipts collected from horse racing not otherwise specifically directed to be deposited in another fund, except the General Fund, and five percent (5%) of all revenues from gate receipts, concessions and parking fees. The five percent (5%) of gate receipts, concessions and parking fees shall be due and payable to the Commissioner of Finance for deposit into the Fund at the time the gross receipts tax on performances is paid pursuant to section 47 of this title. (b) Within the Fund created by subsection (a) of this section shall be kept separate the receipts and expenditures for the Islands of St. Croix and St. Thomas and St. John. The Commissioner of Finance shall disburse monies from the receipts and appropriations for the Island of St. Croix upon the authorization of the St. Croix Racing Commission and from the receipts and appropriations for the Islands of St. Thomas and St. John upon the authorization of the St. Thomas-St. John Racing Commission. The Commissioner of Finance shall advise the respective Commissions of their balances on a quarterly basis. (c) Monies deposited in the Horse Racing Improvement Fund may be spent on improvements to and maintenance of horse racing within the Virgin Islands, and for operations of the Racing Commissions. History: Added Mar. 30, 1978, No. 4112, § 6, Sess. L. 1978, 50; amended July 11, 1983, No. 4848, § 4(a), (b), Sess. L. 1983, p. 120; Sept. 3, 1993, No. 5887, § 2, Sess. L. 1993, p. 208.

(a) There is hereby established as a separate fund within the Treasury of the Virgin Islands the "Community Action Agency Revolving Fund" which shall be used for the purpose of funding delegate agencies pending receipt of Federal grants. (b) The Fund shall consist of such sums as may be appropriated from time to time to the Community Services Administration by the Legislature and which are specifically designated for deposit in the Fund. (c) Monies shall be disbursed by the Commissioner of Finance from the Fund upon authorization by the Executive Director of the Community Services Administration. The Commissioner of Finance, upon authorization by the Director, shall transfer to the Fund such amounts as may be subsequently received as Federal grants representing prior advances to delegate agencies. History: Added Oct. 11, 1979, No. 4367, § 6, Sess. L. 1979, p. 211.

(a) There is hereby created as a separate and distinct fund in the Treasury of the Virgin Islands a fund to be designated the "New Health Facilities Construction Fund." There shall be deposited into such Fund all monies authorized by United States Public Law 95-348 and appropriated by Public Law 96-126 and any subsequent Federal appropriation acts for the construction of hospital facilities in the Virgin Islands. The Commissioner of Finance is authorized and directed to invest such monies as may be deposited into the Fund in interest bearing accounts and to deposit into the Fund all interest earned. (b) No monies shall be expended from the New Health Facilities Construction Fund, established hereunder, except pursuant to a lawful appropriation by the Legislature of the Virgin Islands. History: Added Dec. 20, 1979, No. 4394, § 2, Sess. L. 1979, p. 267.

(a) There is hereby created in the Treasury of Virgin Islands a special fund entitled "Legal Expense Reimbursement Fund" consisting of such sums of money as may be appropriated thereto from time to time by the Legislature, which sums shall remain available until expended. (b) The Commissioner of Finance shall disburse the sums from the Legal Expense Reimbursement Fund upon review and certification of the Attorney General and in accordance with the provisions of section 3415 of this title. (c) The Commissioner of Finance shall maintain a detailed accounting record of all monies deposited into and disbursed from the Fund, and he shall submit an annual report of the financial status of the Fund to the Governor and the Legislature, which report shall include the amount of each disbursement from the Fund and the name and address of each person to whom each such disbursement was made. History: Added Jan. 14, 1981, No. 4521, § 2, Sess. L. 1980, p. 258.

(a) There is hereby created as a separate and distinct fund in the Treasury of the Virgin Islands the Water Purchases Revolving Fund. The Commissioner of Finance is authorized and directed to provide for the administration of the Fund as set forth in this section. (b) The fund shall contain all monies which are appropriated for the purpose of paying the water supply charges of the Government of the United States Virgin Islands and any other sums as may be appropriated thereto. (c) Monies deposited in the Fund shall be disbursed by the Commissioner of Finance for payment of water purchased by the Department of Public Works, for the payment of the costs of transporting water among the Virgin Islands and for payment of costs directly related thereto, for payments of principal and interest on any indebtedness for acquisition of water production equipment pursuant to any specific Agreement pertaining thereto and approved by law, for periodic payments for the operation, management, acquisition of spare parts, and insurance associated with water production equipment pursuant to any specific Agreement pertaining thereto and approved by law, for payments of fees and expenses of bond counsel associated with any indebtedness for acquisition of water production equipment pursuant to any specific Agreement pertaining thereto and approved by law, and for such other purposes as may be provided by law. Payments from the Fund for the purposes provided in this subsection shall be deemed appropriated for such purposes in each instance. Disbursements from the Fund shall at no time reduce the unobligated balance of the Fund below the sum of $25,000. The Commissioner of Finance shall transfer from the Fund to the Resource Recovery and Potable Water Revolving Fund established pursuant to the provisions of section 3055 of this chapter, on a monthly basis, monies in amounts sufficient to enable the Commissioner of Public Works to satisfy his contractual obligations to pay for potable water and its availability under any agreement entered into by the Commissioner of Public Works pursuant to the provisions of chapter 56A of Title 19, Virgin Islands Code, and approved as required by law. (d) The Commissioner of Finance shall forward quarterly to the Legislature's Committee on Finance a detailed accounting of the expenditures from the Fund and the unobligated balance thereof. (e) Monies deposited into the Fund in excess of the amounts required to meet current authorized expenditures from the Fund shall be invested in interest-bearing securities or accounts pursuant to the provisions of Title 33, section 3336 of this Code. Notwithstanding any other provision of law to the contrary, all earnings on such investments shall be credited to the Fund and shall be available for authorized expenditures from the Fund. History: Added Oct. 9, 1981, No. 4630, § 1, Sess. L. 1981, p. 161; amended May 19, 1982, No. 4702, § 3(a)- (c), Sess. L. 1982, p. 74; July 20, 1982, No. 4727, § 7, Sess. L. 1982, p. 115; May 19, 1983, No. 4805, § 6, Sess. L. 1983, p. 52; June 24, 1987, No. 5265, § 1301(e), Sess. L. 1987, p. 95.

There is hereby created and established in the Treasury of the Virgin Islands a special revolving fund to be known as the Boxing and Wrestling Fund. The Commissioner of Finance shall maintain and provide for the administration of said Fund as a separate and distinct fund in the treasury and no monies shall be available for expenditure except upon authorization of the Boxing and Wrestling Commission to promote the purposes of said Commission. The Fund shall consist of all monies collected from fines resulting from violations of the rules and regulations of the Commission, or violations of chapter 9 of Title 32, Virgin Islands Code, all fees collected for the issuance of licenses, and fees collected from any other source by the Boxing and Wrestling Commission. History: Added Jan. 29, 1982, No. 4668, § 2, Sess. L. 1982, p. 8.

(a) There is hereby created and established in the Treasury of the Virgin Islands a special fund to be designated the "Agriculture Marketing Fund". (b) The Commissioner of Finance is directed to maintain and provide for the administration of the Agriculture Marketing Fund as a separate and distinct fund in the treasury, and no funds therein shall be available for expenditure except as provided in this section. (c) The Agriculture Marketing Fund shall consist of such monies as may be appropriated thereto, from time to time, by the Legislature. Said monies shall be disbursed by the Commissioner of Finance, upon the certification of the Commissioner of Economic Development and Agriculture, exclusively for the making of partial payments to farmers who bring their produce to the Department of Economic Development and Agriculture for marketing purposes. (d) There is hereby authorized to be appropriated each fiscal year to the Department of Economic Development and Agriculture from the Agriculture Marketing Fund, a sum not to exceed $50,000 to be expended for the purpose stated in subsection (c) hereof, and the Department shall faithfully expend such sum in a timely manner in accordance with the policy of this section. History: Added Feb. 4, 1982, No. 4676, § 3, Sess. L. 1982, p. 31.

Improvement Fund (a) There is hereby created and established in the Treasury of the Virgin Islands a special fund to be designated the "SNAP (Supplemental Nutrition Assistance Program) Fresh Food Access and Farmers' Market Technology Improvement Fund". (b) The Commissioner of Finance shall maintain and provide for the administration of the SNAP Fresh Food Access and Farmers' Market Technology Improvement Fund as a separate and distinct fund in the treasury, and no funds therein shall be available for expenditure for any other purpose except as provided in this section. (c) The SNAP Fresh Food Access and Farmers' Market Technology Improvement Fund consists of such monies as may be appropriated thereto from time to time by the Legislature, as well as all gifts behests, grants, and federal funds received for the purposes of effectuating the aims of the SNAP Fresh Food Access and Farmers' Market Technology Improvement Program. The Commissioner of Finance, upon the certification of the Commissioner of Human Services, shall disburse monies from the Fund, exclusively for the following purposes: (1) The purchase or rental of wireless point of sale terminals capable of processing SNAP benefits disbursed under the program; (2) The purchase of internet services provided to the Farmers' Market pursuant to regulations adopted under this subchapter; (3) Monthly or transaction fees associated with EBT card transactions; provided, however, that no fees related to credit or debit transactions will be reimbursed; and Outreach to SNAP program participants and local farmers to inform them about the SNAP Fresh Food Access and Farmers' Market Technology Improvement Program and to encourage the consumption of fresh food. History: Added May 16, 2014, No. 7597, § 2, Sess. L. 2014, p. 94, 95.

(a) There is hereby established in the Treasury of the Virgin Islands a special fund designated and known as the Prosecution Witness Protection Fund. The Commissioner of Finance shall maintain and provide for the administration of the Prosecution Witness Protection Fund as a separate and distinct fund in the Treasury and no monies shall be available for expenditure therefrom except as provided in this section. (b) The Prosecution Witness Protection Fund shall be constituted of all sums appropriated thereto from time to time by the Legislature and, in addition, the Commissioner is authorized to accept for deposit into said fund such grants, contributions, gifts and bequests, federal or local, as may be made thereto. (c) Monies shall be disbursed from the Prosecution Witness Protection Fund by the Commissioner of Finance, upon authorization and direction of the Attorney General, for the discovery, protection and, if necessary, relocation of prosecution witnesses; any necessary expenses of their transportation, housing and meals; and indemnification for loss of income incident thereto. (d) The Commissioner of Finance shall maintain a record of all monies deposited into and disbursed from the Prosecution Witness Protection Fund and shall submit quarterly reports to the Governor and the Legislature on the status of said Fund. History: Added Apr. 2, 1982, No. 4695, Sess. L. 1982, p. 57.

(a) There is hereby established in the Treasury of the Virgin Islands a special fund designated and known as the Crime Prevention/Prosecution Fund. The Commissioner of Finance shall maintain and provide for the administration of the Crime Prevention/Prosecution Fund as a separate and distinct fund in the Treasury and no monies shall be available for expenditure therefrom except as provided in this section. (b) The Crime Prevention/Prosecution Fund shall be constituted of: (1) all sums appropriated thereto from time to time by the Legislature; (2) all fines imposed by the courts for violations of Title 14, Virgin Islands Code; (3) sums collected by reason of forfeited bail as ordered by the courts under Title 5, Virgin Islands Code, sections 3505 and 3818; (4) proceeds from public sale of confiscated property; (5) proceeds from public sales of property donated for the purposes of this fund; and (6) such grants, contributions, gifts and bequests, federal or local, as may be made thereto and which the Commissioner of Finance is hereby authorized to accept and deposit therein. (c) Monies shall be disbursed from the Crime Prevention/Prosecution Fund by the Commissioner of Finance, upon authorization and direction of the Attorney General, for the purchase of, and contracts for, personal services, equipment and supplies and capital improvements for facilitating and for discharging the Department of Justice's responsibility for criminal law enforcement and prosecution including the hiring and retention of personnel and for the extradition of fugitives to and from other jurisdictions. (d) The Commissioner of Finance shall maintain a record of all monies deposited into and disbursed from the Crime Prevention/Prosecution Fund and shall submit quarterly reports to the Governor, the Attorney General and the Legislature on the status of said Fund. History: Added Apr. 2, 1982, No. 4696, Sess. L. 1982, p. 58; amended Oct. 30, 1984, No. 5021, § 2, Sess. L. 1984, p. 390; Sept. 24, 1990, No. 5623, § 1(b), Sess. L. 1990, p. 332; amended June 13, 2025, No. 8991, § 5, Sess. L. 2025, p. -.

(a) There is hereby established in the Treasury of the Virgin Islands a special fund designated and known as the "Police Crime Fighting and Equipment Fund". The Commissioner of Finance shall maintain and provide for the administration of the Fund as a separate and distinct fund in the Treasury and no monies shall be available for expenditure therefrom except as provided in this section. (b) The Police Crime Fighting and Equipment Fund shall be used for the purposes of: (1) purchasing equipment for use in the Department's crime-fighting activities; (2) upgrading and maintaining Department equipment and facilities; (3) training Virgin Islands Police Department officers and personnel; and (4) other necessary and related crime-fighting operations of the Department. (c) Except as otherwise provided by law, the Fund shall consist of: (1) all seized and forfeited monies and property as described in Title 19, chapter 29, section 623, subsection (a), paragraph (6) of this code; (2) all funds confiscated in narcotics arrests and forfeited under Title 19, section 623, subsection (f) of this code; (3) All fines collected pursuant to title 14, sections 2251, 2253, and 2256 of this code. (4) all sums appropriated thereto from time to time by the Legislature of the Virgin Islands; and (5) such grants, contributions, gifts and bequests, federal or local, as may be made thereto and which the Commissioner of Finance is hereby authorized to accept and deposit therein. (6) fees collected pursuant to Title 20, Chapter 47 of this code. (d) Monies shall be disbursed from the Police Crime Fighting and Equipment Fund by the Commissioner of Finance, upon authorization and direction of the Police Commissioner in accordance with the annual funding request approved by the Committee on Finance of the Legislature of the Virgin Islands for the purposes set out in subsection (b) of this section. (e) The Commissioner of Finance shall maintain a record of all monies deposited into and disbursed from the Police Crime Fighting and Equipment Fund and shall submit quarterly reports to the Governor and the Legislature on the status of said Fund. History: Added Sept. 24, 1990, No. 5623, § 2, Sess. L. 1990, p. 332; amended Aug. 17, 1999, No. 6287, § 27, Sess. L. 1999, p. 58; Dec. 29, 2001, No. 6493, § 3, Sess. L. 2001, p. 397.

(a) There is hereby established in the Treasury of the Virgin Islands a special fund designated and known as the "Virgin Islands Drug Enforcement Bureau Force Forfeiture Fund". The Commissioner of Finance shall maintain and provide for the administration of the Fund as a separate and distinct fund in the Treasury and no monies shall be available for expenditure therefrom except as provided in this section. (b) The Virgin Islands Drug Enforcement Bureau Forfeiture Fund shall be used exclusively for the purpose of purchasing law enforcement equipment for use in the Drug Enforcement Bureau's crime fighting activities and for other necessary and related drug enforcement operations of the Drug Enforcement Bureau. (c) Except as otherwise provided, the fund shall consist of the following: (1) all forfeited property resulting from the involvement of the Virgin Islands Drug Enforcement Bureau in asset seizure and forfeiture operations under Title 19, section 623, subsections (a)(6) and (f) of this code; (2) all sums appropriated thereto from time to time by the Legislature; (3) such grants, contributions, gifts and bequests federal or local, as may be made thereto and which the Commissioner of Finance is hereby authorized to accept and deposit therein. (d) Monies shall be disbursed from the Virgin Islands Drug Enforcement Bureau Forfeiture Fund by the Commissioner of Finance, upon authorization and direction of the Drug Policy Advisor to the Governor in accordance with the annual funding request approved by the Committee on Finance of the Legislature for the purchase of law enforcement equipment and for other necessary and related drug enforcement operations of the Drug Enforcement Bureau. (e) The Commissioner of Finance shall maintain a record of all monies deposited into and disbursed from the Fund and shall submit quarterly reports to the Governor and the Legislature on the status of the Fund. History: Added Sept. 24, 1990, No. 5623, § 2, Sess. L. 1990, p. 332; amended Mar. 5, 2005, No. 6730, § 23, Sess. L. 2005, p. 106.

(a) There is established a separate and distinct fund within the Treasury of the Government of the Virgin Islands to be designated and known as the "Peace Officer Training Fund" (hereinafter the "Fund"). (b) The Fund shall consist of all sums appropriated thereto from time to time by the Legislature, all monies received by the Government pursuant to title 5, section 3504, of this code and two dollars of the fees collected under title 20, section 433, subsection (a) of this code, and all gifts, contributions and bequests of all monies made thereto. (c) Monies deposited in the Fund shall be disbursed by the Commissioner of Finance, upon warrant of the Peace Officer Standards and Training Council, exclusively for the following purposes: (1) Training of peace officers within the territory in a prescribed curriculum approved by the Council; (2) salaries, costs and expenses relating to such training as provided in Item (1) of this subsection; and (3) such capital expenditures as the Council may provide for the acquisition, construction and/or improvement of a training academy. History: Added Feb. 1, 2001, No. 6391, § 2(g)(4), Sess. L. 2000, p. 447.

(a) There is established in the Treasury of the Virgin Islands a special fund to be designated and known as the "Virgin Islands National Guard Fund." The Commissioner of Finance shall maintain and provide for the administration of the Fund as a separate and distinct fund in the Treasury of the Virgin Islands, and no monies shall be available for expenditure or disbursement except as provided in this section. (b) The Fund shall consist of all sums appropriated thereto from time to time by the Legislature, all interest earned upon any money in the Fund, and all gifts or contributions as may be made to the Fund. (c) Portions of the Fund, as are not needed for current obligations plus a reasonable reserve, and any income from the Fund shall be invested and reinvested by the Commissioner of Finance. (d) Monies shall be disbursed from the Virgin Islands National Guard Fund by the Commissioner of Finance, upon authorization of the Adjutant General, for the payment of retirement pensions and re- enlistment bonuses, as provided for in sections 1556 and 1557 respectively of Title 23 of this Code; Provided, however, That no disbursements for retirement pensions or re-enlistment bonuses will be made except upon prescribed pay vouchers certified to by the Adjutant General. (e) The Commissioner of Finance shall maintain, within the Fund, separate accounts for monies deposited into and disbursed from the Fund for the purpose of paying retirement pensions and re-enlistment bonuses, as provided for in sections 1556 and 1557 respectively of Title 23 of this Code and shall annually report to the Governor and the Legislature on the status of the Fund. History: Added June 15, 1982, No. 4716, § 7, Sess. L. 1982, p. 96.

Revolving Fund (a) There is hereby established in the Treasury of the Virgin Islands a special fund to be designated and known as the "Old District Court Building Retail Business Lease Program Revolving Fund" (hereinafter referred to in this section as the "Fund"). The Commissioner of Finance shall maintain and provide for the administration of the Fund as a separate and distinct fund in the Treasury and no monies shall be available for expenditure therefrom except as provided in this section. (b) Monies in the Fund shall be disbursed by the Commissioner of Finance only at the direction of the Commissioner of Economic Development and Agriculture to carry out the provisions of section 339 of chapter 19, Title 3, Virgin Islands Code. (c) The Fund shall consist of all sums appropriated thereto from time to time by the Legislature and all lease fees collected pursuant to the provisions of section 339 of chapter 19, Title 3, Virgin Islands Code. History: Added Aug. 4, 1982, No. 4739, § 2, Sess. L. 1982, p. 134.

(a) There is hereby created and established in the Treasury of the Virgin Islands a special fund to be designated and known as the "Legal Judgments Special Fund" (hereinafter referred to in this section as the "Fund"). The Commissioner of Finance shall maintain and provide for the administration of the Fund as a separate and distinct fund in the Treasury, and no monies shall be available for expenditure from the Fund except as provided in this section. The Fund shall consist of such sums of money as may be appropriated thereto from time to time by the Legislature, which sums shall remain available until expended. (b) The Commissioner of Finance shall utilize monies available in the Fund to satisfy judgments, together with lawful interest thereon, entered against the Government of the United States Virgin Islands; Provided, That no monies may be disbursed by the Commissioner of Finance in satisfaction of any such judgment, together with lawful interest thereon, until the delivery to the Commissioner of Finance of certified copies of the judgment, a written release and satisfaction of judgment executed by the plaintiff or plaintiffs, and either a (i) "certificate of no appeal" from the Attorney General; or (ii) a written statement from the Attorney General that all legal appeals have been exhausted. No monies may be disbursed by the Commissioner of Finance pursuant to this section in satisfaction of any judgment entered against the Government of the United States Virgin Islands in excess of $25,000, not including lawful interest. History: Added Dec. 8, 1982, No. 4771, § 1, Sess. L. 1982, p. 245.

(a) There is hereby created and established in the Treasury of the Virgin Islands a special fund to be designated as the "Resource Recovery and Potable Water Revolving Fund" (herein referred to as the "Revolving Fund"). (b) The Commissioner of Finance is directed to maintain and provide for the administration of the Revolving Fund as a separate and distinct fund in the Treasury, and no funds therein shall be available for expenditure except as provided in this section. (c) The Revolving Fund shall be constituted of all revenues derived by the Department of Public Works from the sale of potable water produced by desalination facilities developed pursuant to Title 19, chapter 56A, Virgin Islands Code. (d) Funds in the Revolving Fund shall be disbursed by the Commissioner of Finance, exclusively for expenditure by the Department of Public Works to satisfy the Government's obligation to pay service fees for the operation and maintenance of desalination facilities and solid waste disposal and resource recovery facilities developed pursuant to Title 19, chapter 56A, Virgin Islands Code. Any monies remaining in such Fund at the end of any fiscal year shall be retained in the Revolving Fund for purposes of maintaining the lowest possible cost to the water consumer. History: Added May 19, 1983, No. 4805, § 2, Sess. L. 1983, p. 49; amended Jan. 23, 2004, No. 6638, § 7(a), Sess. L. 2003, p. 252.

(a) There is hereby created in the Treasury of the Virgin Islands a separate and distinct fund to be designated as the Virgin Islands Tennis Program Revolving Trust Fund (hereinafter referred to in this section as the "Fund"). The Commissioner of Finance is authorized and directed to provide for the administration of the Fund, and no monies contained therein shall be available for expenditure except as provided for in this section. (b) The Fund shall consist of all sums appropriated thereto from time to time by the Legislature, and all gifts, contributions and bequests of all monies made thereto, all of which shall remain available until expended. (c) Monies deposited in the Fund shall be disbursed by the Commissioner of Finance, at the direction of the Commissioner of Planning and Natural Resources, exclusively for expenditures to carry out the provisions of chapter 1A, Title 32, Virgin Islands Code. (d) The Commissioner of Finance shall quarterly forward to the Legislature, and shall make available to the public, a detailed accounting of the disbursements from the Fund and the unobligated balance thereof. History: Added July 11, 1983, No. 4848, § 2, Sess. L. 1983, p. 119.

(a) There is hereby created as a separate and distinct fund in the Treasury of the Virgin Islands the St. John Capital Improvements Fund. All monies deposited in such fund shall be appropriated by law exclusively for capital improvements projects, road maintenance, and for the maintenance and operation of the sewage system on the island of St. John, and such monies shall remain available until expended for the purposes for which they are appropriated. (b) All payments made by the Government of the United States to the Government of the United States Virgin Islands in any fiscal year as payments in lieu of taxes on property owned by the Government of the United States shall be deposited in the St. John Capital Improvements Fund. (c) In each fiscal year, from the amounts collected by the Government of the United States Virgin Islands as taxes on real property, there is authorized to be deposited in the St. John Capital Improvements Fund not less than $1.5 million. History: Added Nov. 7, 1983, No. 4877, § 208(a), Sess. L. 1983, p. 219; Aug. 7, 2001, No. 6427, § 84, Sess. L. 2001, p. 159; Oct. 1, 2010, No. 7149, § 17, Sess. L. 2009, p. 416; amended May 3, 2010, No. 7168, § 11, Sess. L. 2010, p. 64.

(a) There is established a separate and distinct fund in the Treasury of the Virgin Islands administered by the Commissioner of Finance to be known as the St. Thomas Capital Improvement Fund. All money deposited in the Fund must be expended exclusively for capital improvement projects and for road maintenance on the island of St. Thomas. The monies in the Fund remain available until expended. (b) The Fund consists of money appropriated by the Legislature of the Virgin Islands, commencing in the fiscal year ending September 30, 2021; an annual appropriation of $1,500,000 from the Internal Revenue Matching Fund, which must be deposited into the Fund not later than December 30, of each year; all gifts, contributions, and bequests made to the Fund; and any possible time-up calculations executed between the United States Department of Interior and the Government of the Virgin Islands. History: Added May 19, 2020, No. 8299, § 1, Sess. L. 2020, p. 39.

(a) There is established in the Treasury of the Virgin Islands a special revolving fund to be known as the Housing Construction Revolving Fund. The Commissioner of Finance shall provide for the administration of the said fund as a separate and distinct fund in the Treasury, and no amounts therein shall be available for expenditure or disbursement except as provided in this section. The said fund shall consist of all sums appropriated thereto from time to time by the Legislature and the proceeds of all sales of government- owned real property on which a housing unit or units is constructed if said construction was funded by the proceeds of this fund or if said real property was purchased or repurchased by the Government with the proceeds of this fund. (b) Except as provided in subsection (c) of this section, monies contained in the Housing Construction Revolving Fund shall be disbursed by the Commissioner of Finance for the construction of housing and site improvements and/or interim construction financing on government-owned real property, real property that is part of a government affordable housing program or for the purchase or repurchase of real property on which a housing unit or units has been constructed; provided, however, that no monies for programs or projects shall be disbursed from the Fund unless prior approval for such disbursement is obtained from the Legislature of the Virgin Islands. (c) As soon as practicable after the sale, the Commissioner of Finance shall transfer from the Housing Construction Revolving Fund to the Land Bank Fund, created by section 3004 of this title, that portion of the proceeds of each sale of real property on which a housing unit or units has been constructed which is attributable to the fair market value of the land only, on or about the time of the sale, less the costs of site improvements and/or interim construction financing provided under this section. The Commissioner of Finance shall make the final determination with regard to each sale of the proper amount to be transferred; Provided, however, That the Commissioner of Property and Procurement shall assist the Commissioner of Finance in making such determination on the request of the Commissioner of Finance. History: Added Dec. 29, 1983, No. 4887, § 5(a), Sess. L. 1983, p. 272; amended Mar. 19, 1990, No. 5523, § 15, Sess. L. 1990, p. 66; June 8, 1990, No. 5575, § 7, Sess. L. 1990, p. 226.

(a) There is hereby established as a separate fund within the Treasury of the Virgin Islands the Libraries, Archives and Museums Revolving Fund which shall be composed of the following: (1) fines collected by the Office of Libraries and Archives of the Department of Planning and Natural Resources (hereinafter Office) on overdue books or other material taken on loan; (2) reimbursement to the Office for lost or damaged library or museum materials; (3) charges by the Office for microfilming and photoduplicating services performed for members of the general public or governmental agencies; (4) public or private monetary grants, gifts, donations, bequests or devises to the libraries, museums and archeological services within the Office's jurisdiction; (5) proceeds from sales at commercial outlet operated at and by such libraries and museums; (6) a portion of the proceeds, to be agreed upon by the Director of the Office and the gift shop operators, from sales at private gift shops operated on the premises of such libraries and museums; and (7) all sums appropriated thereto, from time to time, by the Legislature of the Virgin Islands. (b) Monies shall be disbursed by the Commissioner of Finance from the Libraries and Museums Revolving Fund only upon the authorization of the Director of the Office, and may be expended by the Director of the Office only for the following purposes: (1) to purchase, lease, rent, publish or otherwise acquire library books, museum objects and other library or museum materials, including but not limited to periodicals, microfilm, films, recordings, equipment, and supplies; (2) to purchase equipment and materials for the microfilm and photoduplication laboratory operated by the Office; (3) to establish and operate museum and library gift shops to sell to visitors items including, but not limited to, publications about local history, photographic reproductions of historical documents, postcards and souvenir objects; and (4) to match federal funds for library, museum and archeological acquisitions and projects. (5) to pay operating expenses of the Office of Libraries and Archives. (c) The Director of the Office shall file with the Commissioner of Planning and Natural Resources, the Governor, and the Finance Committee of the Legislature a comprehensive report of the income and expenditures of the Libraries and Museums Revolving Fund on a quarterly basis. History: Added Feb. 21, 1984, No. 4894, § 6, Sess. L. 1984, p. 27; amended June 24, 1987, No. 5265, § 304(d), Sess. L. 1987, p. 53; amended May 12, 2014, No. 7611, § 5(a)-(c), Sess. L. 2014, p. 114.

(a) There is hereby established as a separate and distinct fund within the Treasury of the Virgin Islands a special fund to be designated the Homeowners' Electrical Relief Fund. (b) The Commissioner of Finance shall disburse monies from the Homeowners' Electrical Relief Fund upon authorization of the Chairman of the Homeowners' Electrical Relief Oversight Committee for the purpose of providing payment to repairmen who have corrected electrical deficiencies in private residences in the localities of Tutu-Anna's Retreat, Nadir and Bordeaux in St. Thomas, and in Strawberry, Sion Farm, Campo Rico, and Mon Bijou, St. Croix, and in such other localities as designated by the Homeowners' Electrical Relief Oversight Committee. (c) The Commissioner of Finance shall maintain a detailed accounting record of all monies deposited into and disbursed from the Fund and he shall submit quarterly reports on the financial status of the Fund to the Governor and the Legislature, which reports shall include the amount of each disbursement from the Fund together with the name and address of the person or business concern to whom each disbursement was made. (d) The Governor is hereby authorized and directed to appoint a Homeowners' Electrical Relief Oversight Committee to evaluate and process all claims submitted for payment from the Homeowners' Electrical Relief Fund. The Committee shall consist of five members, of whom the Commissioner of Public Works or his designee shall be a member and the remaining members shall include a licensed electrician, a licensed contractor, and two homeowners from the designated localities whose residences have electrical deficiencies. (e) Within fifteen (15) days after the date of enactment of this section, the Governor or a member designated by him shall call together the members of the Committee to elect a chairperson. A quorum of three members is required for the transaction of all business. (f) Members of the Committee who are not employed by the Government shall be compensated at the rate of $30 per day for each day or part thereof spent in the work of the Committee. (g) The Committee is specifically empowered to make rules and regulations pertinent to application procedures and eligibility requirements for homeowners submitting claims pursuant to the provisions of this section; Provided, however, That the Committee shall (1) establish a ceiling of $4,000 for electrical repairs per homeowner; (2) require the inspection of the homeowner's residence by the V.I. Fire Service, with a written report of such inspection to accompany the homeowner's application; (3) arrange for and authorize payments of grants by the Commissioner of Finance to the repairman in lieu of the homeowners; and (4) require from a repairman claiming payment itemized bills documenting charges for labor, whether on an hourly, daily or flat fee basis, expenditures for purchases, and all other documents as the Committee may consider necessary and proper for verifying and determining the exact amount of each and every claim submitted for payment under the provisions of this section. (h) All rules and regulations established by the Committee shall be submitted to the Legislature and if not disapproved by the Legislature within thirty (30) days from the date submitted such rules and regulations shall become effective. History: Oct. 19, 1984, No. 5014, § 217, Sess. L. 1984, p. 336.

(a) There is established in the Treasury of the Virgin Islands a fund to be known as the Virgin Islands Insurance Guaranty Fund. The Commissioner of Finance shall provide for the administration of the fund as a separate and distinct fund in the Treasury, and no amounts therein shall be available for expenditure or disbursement except as provided in this section. (b) Monies contained in the fund shall be used exclusively for transfer, as required, from amounts then on deposit to the Virgin Islands Guaranty Association, established pursuant to Title 22, chapter 10 of this code, for the purpose of payment by the Association of the obligations of insolvent insurers in accordance with the provisions of Title 22, chapter 10. No disbursements from the Fund to the Government or the Association may be made except in accordance with this section and 22 V.I.C. §? 237(a)(3)(A). (c) [Deleted]. (d) The Commissioner of Finance shall deposit the monies contained in the fund in interest earning accounts from time to time as provided in this code, including, without limitation, pursuant to chapter 15 of Title 29, section 928, and chapter 117 of this title. The interest on the monies on deposit in the fund shall also be deposited into the fund until such time as the balance in the fund equals $50,000,000. In the event that the balance in the fund equals or exceeds $50,000,000, said interest shall be deposited into the General Fund, at the direction of the Commissioner of Finance. (e) In the event the balance in the Insurance Guaranty Fund equals or exceeds $50,000,000, amounts in excess thereof shall be deposited, at the direction of the Commissioner of Finance, into the General Fund. History: Added July 2, 1984, No. 4969, § 7, Sess. L. 1984, p. 203; amended Sept. 30, 1985, No. 5097, § 7, Sess. L. 1985, p. 134; Jan. 6, 1987, No. 5249, § 7, Sess. L. 1986, p. 443; Aug. 4, 1987, No. 5271, § 4(b), Sess. L. 1987, p. 115; Aug. 29, 1988, No. 5362, § 1(b), Sess. L. 1988, p. 213; Sept. 6, 1990, No. 5610, § 4, Sess. L. 1990, p. 297; Jan. 29, 1996, No. 6091, § 2, Sess. L. 1996, p. 4; Aug. 17, 1999, No. 6287, §§ 20(d), (f), Sess. L. 1999, p. 48; Feb. 10, 2012, No. 7342, 2(a), Sess. L. 2012, p. 2; amended Sept. 30, 2019, No. 8126, § 2(a)-(c), Sess. L. 2018, p. 242; amended Oct. 6, 2019, No. 8214, § 2, Sess. L. 2019, p. 97; amended Oct. 6, 2020, No. 8345, § 2, Sess. L. 2020, p. 131; amended Sept. 27, 2021, No. 8501, § 2, Sess. L. 2021, p. 170; amended Sept. 29, 2022, No. 8642, § 2, Sess. L. 2022, p. 256.

History: Repealed. Aug. 17, 1999, No. 6287, § 20(b), Sess. L. 1999, p. 48.

(a) The Legislature finds that historically the resources and funding provided the Department of Licensing and Consumer Affairs has been totally inadequate to enable the Department to accomplish its statutory mandate. Of critical consequence is the unforeseen nature of the Department's operating methods which do not allow for the proper handling of emergencies or critical fortuitous events. Realizing that such contingencies are virtually impossible to plan for, and noting fully that deceptive, misleading or otherwise fraudulent practices may arise during undetermined periods of the fiscal year, there is a critical need to have a reliable source of funds available to purchase special services and equipment. Therefore, the Legislature having taken proper notice of the special needs of the Department, notes that it is detrimental to the public interest not to provide for the general uncertainties within the market place. The Legislature also finds that the appropriate mechanism for addressing these needs would be the re-establishment of the Consumer Protection Fund (hereinafter referred to as "the Fund"). (b) The purpose of the Consumer Protection Fund is to protect the public from fraud, confusion, deception, misrepresentation or other fraudulent practices within the market place. (c) There is established in the Treasury of the Virgin Islands a special revolving fund to be designated the "Consumer Protection Fund." The Commissioner of Finance shall provide for the administration of the Fund as a separate and distinct fund in the Treasury and no amounts shall be available for expenditure or disbursement therefrom except as provided in this section. (d) The Fund shall consist of all sums appropriated thereto by the Legislature and all fines and penalties imposed by the courts and the Commissioner of Licensing and Consumer Affairs for violations of the Consumer Protection laws of Title 12A, VIC, and the licensing provisions of Title 27, VIC, and such other laws, or duly promulgated rules and regulations, as may be applicable. (e) Monies contained in the Fund shall remain available to the Department until expended and shall be used for, but not limited to, the following consumer purposes: (1) To study the problems of the consumer and determine the best methods of protecting the consumer interests; (2) To compile, evaluate and publicize the existing laws and regulations for the protection of consumers; (3) To promote and watch over the enforcement of all laws, rules, regulations and orders which affect the interest of consumers; (4) To educate and guide consumers in the adequate solution of their problems and in the best use of their income and of their credit, using all techniques and means of communication; (5) To promote the establishment of quality standards for consumer products and to require adherence thereto; (6) To offer technical and legal advice to consumers; (7) To conduct industry wide investigations in order to evaluate complaints of fraudulent, deceptive, and unconscionable trade practices; (8) To represent the consumer public before any private entity or public organization in matters affecting consumer interests; (9) To serve as mediator, negotiator or arbitrator in the solution of controversies arising between consumers and suppliers; (10) To stimulate the formation of and to assist nonprofit private groups of consumers, exclusively engaged in protecting and watching over the interest of consumers; (11) To promote, on behalf of consumers, fair and honest practices of commerce and industry; (12) To provide for specialized training for all staff personnel in relation to all consumer protection and licensing laws; (13) To enter into contracts and agreements with public or private institutions for carrying out investigations, examinations or analyses of products, articles or services, as well as to carry out publicity campaigns; (14) To acquire necessary equipment for the effective administration of the Department; (15) To hire personnel for the effective administration of the Department. In addition to the enumerated uses stated above, monies shall be disbursed from the Fund by the Commissioner of Finance, upon authorization of the Commissioner of the Department of Licensing and Consumer Affairs, for the administration of the Department of Licensing and Consumer Affairs and the enforcement of the consumer protection laws of Title 12A and the licensing laws of Title 27 of this Code. (f) The Commissioner of Licensing & Consumer Affairs shall submit quarterly reports of expenditures from the fund to the Commissioner of Finance within thirty days after each quarter. History: Added Nov. 30, 1988, No. 5400, § 1, Sess. L. 1988, p. 384; amended Oct. 8, 1992, No. 5817, § 3, Sess. L. 1992, p. 152; Jan. 13, 1994, No. 5948, § 101, Sess. L. 1993, p. 336; May 29, 1998, No. 6232, § 17, Sess. L. 1998, p. 332; Sept. 28, 2001, No. 6463, § 13, Sess. L. 2001, p. 272; amended Jan. 26, 2016, No. 7832, § 3(a), (b), Sess. L. 2015, p. 265.

(a) There is established in the Treasury of the Virgin Islands a special revolving fund to be known as the Contractors Commitment Fee Fund. The Commissioner of Finance shall provide for the administration of this fund as a separate and distinct fund in the Treasury, and no amounts therein shall be available for expenditure or disbursement except as provided in this section. (b) The said fund shall consist of all sums appropriated thereto from time to time by the Legislature and the repayments of any sums loaned therefrom. (c) Monies shall be disbursed from the said fund by the Commissioner of Finance upon the authorization of the Virgin Islands Housing Finance Authority for the purpose of assisting qualified contractors in the payment of commitment fees to the Virgin Islands Housing Finance Authority for the reservation of funds to be used for mortgage loans on qualified low and moderate income housing to be constructed by such qualified contractors from the proceeds of bonds authorized and issued by the Virgin Islands Housing Finance Authority pursuant to Title 21, chapter 2, Virgin Islands Code. Eligibility for and terms of said mortgage loans and the construction loans to be obtained by such qualified contractors shall be determined by the Virgin Islands Housing Finance Authority in accordance with Title 21, chapter 2, section 103, Virgin Islands Code; provided that preference shall be given to qualified local contractors who have been licensed to do business in the Virgin Islands for two or more years. (d) Monies disbursed from the Fund shall be repaid to the Fund by the qualified contractor prior to conveyance of the home or property to the respective purchaser. History: Added Nov. 18, 1985, No. 5110, § 1, Sess. L. 1985, p. 162.

(a) There is established in the Treasury of the Virgin Islands a separate and distinct fund to be designated the Central Motor Pool Fund. The Commissioner of Finance is authorized and directed to provide for the administration of the said fund and no monies contained therein shall be available for expenditure except as provided in this section. (b) The said fund shall consist of all sums appropriated thereto from time to time by the Legislature and the proceeds of all sales of government-owned motor vehicles. (c) Monies deposited in the Central Motor Pool Fund shall be disbursed by the Commissioner of Finance, at the direction of the Commissioner of Property and Procurement or his designee, the Deputy Commissioner of the Division of Transportation, for the acquisition, identification, operation, maintenance, storage, supervision, control and regulation of all territorial government-owned or leased motor vehicles within the Central Motor Pool. (d) The Commissioner of Finance shall forward quarterly to the Legislature, and shall make available to the public, a detailed accounting of the disbursements from the said fund and the unobligated balance thereof. History: Added Apr. 3, 1986, No. 5150, § 2(a), Sess. L. 1986, p. 30; amended Jan. 2, 1987, No. 5248, § 4(b), Sess. L. 1986, p. 436; Apr. 17, 2004, No. 6662, § 14, Sess. L. 2004, p. 19.

(a) There is established in the Treasury of the Virgin Islands a special fund to be designated the Personalized License Plate Fund (hereinafter the "Fund"). The Commissioner of Finance shall maintain and provide for the administration of the Fund as a separate and distinct fund in the Treasury of the Virgin Islands and no monies shall be available for expenditure except as provided in this section. (b) Monies deposited into the Fund shall be appropriated annually. (1) The Commissioner of Finance shall disburse 50% of the Fund upon certification of the Commissioner of the Virgin Islands Police Department for the purpose of purchasing supplies, equipment and license plates and for capital improvements, personnel services and operating expenses for the Division of Motor Vehicles. For the specific purpose of purchasing license plates, the Virgin Islands Police Department shall be exempt from the procurement process established pursuant to Title 31, Title 3123chapter 23, Virgin Islands Code, however, that 50% of the funds collected pursuant to Title 20, Section 433, Virgin IslVirgin Islands Code by Act No. 59Act No. 5997 deposited into the fund. (2) The remaining 50% of the Fund shall be deposited into the General Fund of the Government of the Virgin Islands. (c) The Commissioner of Finance shall maintain a record of all monies deposited into and disbursed from the Fund and shall annually report to the Governor and the Legislature on the status of the Fund. History: Added June 11, 1986, No. 5169, § 3, Sess. L. 1986, p. 79; amended Jan. 13, 1994, No. 5948, § 100(D), Sess. L. 1993, p. 334; Apr. 6, 1994, No. 5966, § 14(A), (B), (F), Sess. L. 1994, pp. 36, 37; Jan. 24, 1995, No. 6067, § 2, Sess. L. 1995, p. 3; Jan. 5, 1998, No. 6194, § 1, Sess. L. 1997, p. 115.

Fund (a) There is established as a separate and distinct fund in the Treasury of the Virgin Islands the Union Arbitration Award and Government Employees Increment Fund (hereinafter, the "Fund"). The Commissioner of Finance is authorized and directed to provide for the administration of the Fund, and no monies contained therein shall be available for expenditure except as provided in this section. (b) The Fund shall consist of all sums appropriated thereto from time to time by the Legislature, all sums repaid to the Government by the United States Virgin Islands Water and Power Authority pursuant to Act No. 4923, as amended by Act No. 5101, and all sums collected by the Government in accordance with the "Tax Reform Act of 1986", Pub. L. No. 99-514, § 971 et seq. (1986) from corporations incorporated pursuant to section 28(a) of the Revised Organic Act of 1954, as amended. The Fund shall be utilized for the satisfaction of binding arbitration awards granted to unionized employees pursuant to Title 24, chapter 14, Virgin Islands Code, and salary increments and position reallocations of non-unionized employees of the Government of the United States Virgin Islands and for outstanding retroactive wage increases owed such employees whether or not awarded by arbitration and serve as the primary source of funding for the Public Employees Relations Board and for the satisfaction of court orders and stipulations for retroactive wages granted unionized and non-unionized employees of the Government of the Virgin Islands. (c) If sufficient funds are not available in the Fund to satisfy all final arbitration awards, the Commissioner of Finance shall prorate the available monies to such awards. (d) The Commissioner of Finance shall submit annually to the Legislature, a detailed accounting of the disbursements from the Fund and the unencumbered remaining balance. History: Added June 18, 1986, No. 5172, § 21, Sess. L. 1986, p. 103; amended Oct. 27, 1986, No. 5216, § 1, Sess. L. 1986, p. 330; Jan. 13, 1994, No. 5946, § 2(c), Sess. L. 1993, p. 330; May 28, 2005, No. 6732, § 31, Sess. L. 2005, p. 157; Oct. 17, 2005, No. 6793, § 16, Sess. L. 2005, p. 356.

(a) There is established in the Treasury of the Virgin Islands a special fund to be designated the "Taxi License Fund" which shall be a separate and distinct fund administered by the Commissioner of Finance. The Fund shall consist of all monies required to be covered into the Fund in accordance with Title 20, section 435, Virgin Islands Code. (b) No money in the Fund shall be available for expenditure except as appropriated from the Fund for the operation of the Virgin Islands Taxicab Commission except that twenty percent of the revenue generated from the sale of medallions to veterans shall be appropriated to the Office of Veteran Affairs for operating costs and other related veteran benefit services or other purposes as specified by law. History: Added June 18, 1986, No. 5172, § 3(d), Sess. L. 1986, p. 97; amended Dec. 2, 1999, No. 6333, § 10(d), Sess. L. 1999, p. 185; Oct. 12, 2005, No. 6783, § 2, Sess. L. 2005, p. 296; Oct. 10, 2007, No. 6968, § 4, Sess. L. 2007, p. 147; amended Oct. 19, 2015, No. 7803, § 2, Sess. L. 2015, p. 170.

(a) There is established in the Treasury of the Virgin Islands a separate and distinct fund to be designated the Child Day Care Revolving Fund. The Commissioner of Finance is authorized and directed to provide for the administration of the Fund and no monies contained therein shall be available for expenditure except as provided by this section. (b) The Fund shall consist of ten percent of all monies collected pursuant to Title 34, section 19, Virgin Islands Code, all monies collected from fines and penalties resulting from violations of appropriated thereto from time to time by the Legislature and all gifts, contributions and bequests of all monies made thereto, all of which shall remain available until expended. (c) Monies shall be disbursed from the Fund by the Commissioner of Finance, upon authorization and direction of the Commissioner of Human Services, exclusively for the purpose of purchasing educational supplies and instructional aids, including books, records, and arts and crafts supplies, engaging in field trips and participating in other activities which enhance the enrichment experiences of the children who attend Territory-operated facilities. Monies disbursed from the Fund shall not be included in or considered as part of the annual appropriation to the Department of Human Services. (d) The Commissioner of Human Services, in conjunction with the Commissioner of Finance, shall, on or before January 1 of each year, forward to the Governor and the Legislature's Committee on Finance a detailed accounting of the receipts and disbursements from the Fund and the unobligated balance thereof. History: Added Oct. 15, 1986, No. 5213, § 1, Sess. L. 1986, p. 327.

(a) There is established as a separate and distinct fund within the Treasury of the Virgin Islands the "Commerce Publication Revolving Fund". The Commissioner of Finance shall provide for the administration of such fund and no monies shall be available for expenditure except as provided in this section. (b) The Fund shall consist of all monies appropriated from time to time by the Legislature, gifts, bequests, and contributions of monies made thereto and all monies received by the Department of Economic Development and Agriculture from the sale of items pursuant to Title 3, section 333, Virgin Islands Code. (c) Monies in the Fund shall be disbursed by the Commissioner of Finance, at the direction of the Commissioner of Economic Development and Agriculture, exclusively for the publication and printing of items pursuant to this section and Title 3, section 333, Virgin Islands Code. (d) The Commissioner of Finance shall annually forward to the Governor and the Legislature, a detailed accounting of the disbursements from the Fund and the unobligated balance thereof. History: Added Oct. 14, 1986, No. 5206, § 113(b), Sess. L. 1986, p. 240.

(a) There is established as a separate and distinct fund within the Treasury of the Virgin Islands, the "St. Croix Legislature Building Fund" (hereinafter, the "Fund"). The Commissioner of Finance shall maintain and provide for the administration of the Fund and no monies shall be available for expenditure therefrom except as provided in this section. (b) The Fund shall consist of all monies appropriated thereto from time to time by the Legislature. (c) Monies in the Fund shall be disbursed by the Commissioner of Finance by act of the Legislature exclusively for the construction and maintenance of a Legislative Building on the Island of St. Croix. History: Added Nov. 25, 1986, No. 5218, § 6, Sess. L. 1986, p. 336.

(a) There is established in the Treasury of the Virgin Islands a separate and distinct fund to be designated the "Transportation Revolving Fund (hereinafter, the "Fund"). The Commissioner of Finance shall provide for the administration of the said Fund and no monies contained therein shall be available for expenditure except as provided in this section. (b) The Fund shall consist of all sums appropriated thereto from time to time by the Legislature and all sums received from departments and agencies of the Government for utilization, maintenance and repair of vehicles within the Central Motor Pools. Departments and agencies utilizing the services of the Central Motor Pools shall make payments to the Department of Property and Procurement within 30 days of receipt of billing from their respective appropriations. (c) Monies deposited in the Fund shall be appropriated annually and disbursed by the Commissioner of Finance, at the direction of the Commissioner of the Department of Property and Procurement, for the operation, maintenance, control and regulation of Government motor vehicles within the Central Motor Pools and the reimbursement of employees for use of personally owned motor vehicles. (d) The Commissioner of Finance shall forward quarterly to the Legislature, and shall make available to the public a detailed accounting of the disbursements from the said Fund and the unobligated balance thereof. History: Added Jan. 2, 1987, No. 5248, § 4(a), Sess. L. 1986, p. 436; amended Oct. 16, 1991, No. 5746, § 2, Sess. L. 1991, p. 213.

(a) There is established a separate and distinct fund within the Treasury of the Virgin Islands the "Tourism Advertising Revolving Fund" (hereinafter, the "Fund"). The Commissioner of Finance shall maintain and provide for the administration of the Fund and no amounts therein shall be available for expenditure except as provided in this section. (b) The Fund shall consist of all sums appropriated thereto from time to time by the Legislature, all monies received by the Government pursuant to section 54 and section 55 of this Title, and Title 9, section 133, Virgin Islands Code, and all gifts, contributions and bequests of all monies made thereto. (c) Monies deposited in the Fund shall be disbursed by the Commissioner of Finance, upon warrant of the Commissioner of Tourism, for utilization of the Department of Tourism for advertising of the Territory as a tourist destination and for industrial promotion; and to the Bureau of Economic Research within the Office of the Governor, upon appropriation from the Legislature of the Virgin Islands, to conduct traveler exit surveys and other related tourism and economic studies and activities provided, however, not less than five percent of the annual receipts shall be expended for destination promotion of the District of St. Croix and the District of St. Thomas-St. John. (d) The Commissioner of Finance shall annually forward to the Governor and the Legislature, and shall make available to the public, a detailed accounting of the disbursements from the Fund and the unobligated balance thereof. History: Added Jan. 6, 1987, No. 5249, § 6(b), Sess. L. 1986, p. 443; amended Oct. 7, 1997, No. 6153, § 2, Sess. L. 1997, p. 52; Oct. 31, 1998, No. 6269, § 8 3., Sess. L. 1998, p. 447; Oct. 31, 1998, No. 6276, § 6(b), Sess. L. 1998, p. 489; amended May 16, 2014, No. 7599, § 5(a), (b), Sess. L. 2014, p. 97, 98.

(a) There is established within the Treasury of the Virgin Islands a special fund to be known as the "Pharmaceutical Assistance to the Aged Special Fund" (hereinafter, referred to in this section as "the Fund"). The Commissioner of Finance shall maintain and administer the Fund and shall disburse monies from the Fund at the direction of the Commissioner of Human Services in accordance with the provisions of this Code. (b) The Fund shall consist of all sums appropriated thereto from time to time by the Legislature. History: Added Nov. 30, 1988, No. 5399, § 3, Sess. L. 1988, p. 383.

(a) There is hereby established within the Public Finance Authority of the United States Virgin Islands a separate and distinct trust fund to be designated the "Housing Trust Fund", which fund shall be maintained by the Commissioner of Finance and administered at the direction of the Authority for the benefit of low income and moderate income persons and families for the purpose of promoting the availability of decent, safe, sanitary, aesthetically acceptable, high quality affordable housing for such persons. No moneys therein shall be available for expenditure or disbursement except as provided in this section and sections 940, 943 and 944 of Title 29, Virgin Islands Code, as amended. (b) There is authorized to be appropriated and deposited in the Housing Trust Fund each year, such sums from the Treasury of the United States Virgin Islands as are determined by the Legislature, upon recommendation of the Virgin Islands Public Finance Authority and with the concurrence of the Governor, to facilitate the construction financing of housing units for low and moderate income residents in the United States Virgin Islands. The Housing Trust Fund shall consist of all monies appropriated thereto by the Legislature, and of all repayments of loans, payments of interest, and other receipts arising out of transactions financed from the Housing Trust Fund and the transfer of available unencumbered balances from the Housing Construction Revolving Fund. (c) Except as provided herein for the establishment and administration of affordable housing permits, monies shall be disbursed from the Housing Trust Fund by the Commissioner of Finance, upon authorization of the Virgin Islands Public Finance Authority, exclusively to finance or facilitate financing of the construction or rehabilitation of housing units for low and moderate income residents in the United States Virgin Islands; provided, however, that no monies for programs or projects not specified in Title 29, section 944 shall be disbursed from the Housing Trust Fund unless prior approval for such program or project is obtained from the Legislature of the Virgin Islands. The Affordable Housing Advisory Committee shall advise the Governor and the Public Finance Authority regarding the use of moneys in the Housing Trust Fund. (d) The Commissioner of Finance and the Virgin Islands Public Finance Authority shall maintain a detailed accounting record of all monies deposited into and disbursed from the Housing Trust Fund. (e) The Housing Trust Fund shall be constituted of: (1) tax increments required to be credited to the Housing Trust Fund pursuant to Title 33, section 2302, Virgin Islands Code; V(2)in Islands Codery and appropriate, funds raised by issuance of bonds or other instruments for the financing of low and moderate income affordable housing; (3) transfers of monies appropriated to the Department or VIHFA by the Legislature for low, affordable or moderate income housing related projects and approved by the Director of Budget; and (4) such other amounts as may hereafter from time to time be appropriated by the Legislature for such purposes. History: Added Mar. 19, 1990, No. 5523, § 8, Sess. L. 1990, p. 60; amended June 8, 1990, No. 5575, §§ 3, 5, Sess. L. 1990, p. 226; May 3, 1994, No. 5978, § 4, Sess. L. 1994, p. 67.

(a) There is established in the Treasury of the Virgin Islands a special fund to be designated the Correctional Facilities Repair and Renovation Fund. The Commissioner of Finance shall provide for the administration of the Fund as a separate and distinct fund within the Treasury of the Virgin Islands and no amounts therein shall be available for expenditure or disbursement except as provided in this section. (b) The Fund shall consist of all sums appropriated thereto from time to time by the Legislature, which shall remain available until expended. Contributions and reimbursements from the Federal government, all interest earned upon any money in the Fund, and all grants, contributions, gifts and bequests, as may be made thereto and which the Commissioner of Finance is authorized to accept and deposit therein. (c) Monies shall be disbursed from the Fund by the Commissioner of Finance upon warrant of the Attorney General for the maintenance, repair, renovation and construction of correctional facilities within the Territory and for equipment and supplies therein. (d) The Commissioner of Finance shall maintain a record of all monies deposited into and disbursed from the Fund and shall submit quarterly reports to the Governor and the Legislature on the status of said Fund. History: Added Feb. 17, 1988, No. 5327, § 3(a), Sess. L. 1988, p. 99.

(a) There is established in the Virgin Islands Waste Management Authority a separate and distinct fund to be designated the "Sewer Waste Water Fund" (hereinafter, the "Fund"). The Commissioner of Finance shall provide for the administration of the Fund and no monies contained therein shall be available for expenditure except as provided in this section. (b) The Fund shall consist of all sums received under the user charge system established by Titles 19 and 33, Virgin Islands Code, all sums appropriated thereto from time to time by the Legislature, and all sums received from departments and agencies of the United States Government for the maintenance and operation of the public sewer waste water system. (c) Monies deposited in the Fund shall be appropriated annually and disbursed by the Commissioner of Finance, at the direction of the Virgin Islands Waste Management Authority, for the operation, parts, supplies, maintenance, related expenses, control and regulation of the public sewer waste water system. (d) The Commissioner of Finance shall forward quarterly to the Governor and the Legislature, a detailed accounting of the disbursements from the Fund and the unobligated balance thereof. History: Added July 17, 1989, No. 5421, § 3, Sess. L. 1989, p. 20; amended Jan. 23, 2004, No. 6638, § 7(b)- (c), Sess. L. 2003, p. 252.

(a) There is established in the Treasury of the Virgin Islands a special revolving fund to be designated the "Public Services Commission Revolving Fund". The Commissioner of Finance shall provide for the administration of the Fund as a separate and distinct fund in the treasury and all monies therein shall be used exclusively to pay the necessary and proper expenses of the Commission. (b) The Commissioner of Finance shall maintain a record of all monies deposited into the Public Services Commission Revolving Fund and shall annually report to the Governor and Legislature on the status of the Fund. (c) The Fund shall consist of all sums appropriated thereto by the Legislature and all fees which are derived from annual assessments of utilities up to the ceiling amount established in Title 30, section 25a, subsection (b), Virgin Islands Code, which fees shall be deposited into the Fund. All monies contained in the Fund shall constitute the annual budget of the Commission." History: Added Apr. 6, 1990, No. 5539, § 2(b), Sess. L. 1990, p. 166.

(a) There is established a separate and distinct fund within the Treasury of the Virgin Islands to be designated and known as the "Junior Reserve Officers" Training Corps Fund" (hereinafter, the "Fund"). The Commissioner of finance shall maintain and provide for the administration of the Fund and no amounts therein shall be available for expenditure and disbursement except as provided in this section. (b) The Fund shall consist of all sums appropriated thereto from time to time by the Legislature, all gifts, grants, bequests or contributions as may be made to the Fund, and all Federal money returned to the local government as reimbursement of salaries for Junior Reserve Officer Training Corps (JROTC) instructors, and which the Commissioner of Finance is authorized to accept and deposit therein; provided, however, that in no event shall the balance in the Fund exceed $100,000 during any fiscal year. Any excess money shall be deposited in the General Fund of the Treasury of the Virgin Islands. (c) Monies shall be disbursed from the Fund by the Commissioner of Finance, upon the certification of the Commissioner of Education, for the purpose of JROTC activities including, but not limited to, the cost of travel for cadets, the purchase of equipment, supplies and other related expenditures. (d) The Commissioner of Finance shall annually forward to the Governor and the Legislature, and shall make available to the public, a detailed accounting of the deposits and disbursements from the Fund and the unobligated balance thereof. History: Added June 8, 1990, No. 5574, § 4, Sess. L. 1990, p. 224.

(a) The Antilitter and Beautification Fund is continued in the Treasury of the Virgin Islands as a special and distinct fund. The Commissioner of Finance shall maintain and provide for the administration of the Fund in the Treasury, and no funds therein are available for expenditure except as provided in this section. (b) The Fund is constituted of: (1) All charges collected for the towing, preservation, storage and/or disposal of abandoned vehicles, as provided under this chapter, shall be deposited. (2) fees collected by the Waste Management Authority; and (3) Such other amounts as appropriated from time to time by the Legislature. (c) Monies in the Fund shall be disbursed by the Commissioner of Finance at the discretion of the St. Croix and St. Thomas/St. John Antilitter and Beautification Commissions for the following purposes: (1) establishment of recycling programs and redemption centers; (2) reimbursement of redemption centers established pursuant to Title 19, Section 1557a, Virgin Islands Code, for sums paid in exchange fo1557a, Virgin Islands Coderecycling in an amount to be determined by the Antilitter and Beautification Commissions; (3) roadside cleanup and beautification; (4) removal and disposal of abandoned vehicles; (5) increased enforcement of antilitter laws; (6) antilitter educational campaigns; (7) administration and expenses of the Antilitter and Beautification Commissions in an amount not to exceed 5% of the deposits to the fund in any fiscal year; and (8) such other purposes or activities of the Waste Management Authority as are consistent with the purposes of Title 19, Chapter 56, Virgin Islands Code. (d) The Commissioner of Finance shall maintain a detailed accounting record of all monies deposited into and disbursed from the Fund. History: Added Oct. 15, 2013, No. 7794, § 3, Sess. L. 2015, p. 119.

Fund (a) There is established a separate and distinct fund within the Treasury of the Virgin Islands to be designated the "Elected Governors and Lieutenant Governors Retirement Fund" (hereinafter, the "Fund"). The Commissioner of Finance shall maintain and provide for the administration of the Fund and no amounts therein shall be available for expenditures or disbursement except as provided in this section. (b) The Fund shall consist of all sums appropriated thereto from time to time by the Legislature of the Virgin Islands, contributions made by elected Governors and Lieutenant Governors to the Employees Retirement System pursuant to Title 3, section 701, et seq., Virgin Islands Code, funds appropriated to the Fund pursuant to subsection (c) of this section and contributions transferred from the Employees Retirement System pursuant to subsection (d) of this section. Monies shall be disbursed from the Fund by the Commissioner of Finance to retired elected Governors and Lieutenant Governors in accordance with subsection (f) of this section. (c) There is hereby appropriated from the Interest Revenue Fund of the Treasury of the Virgin Islands to the Elected Governors and Lieutenant Governors Retirement Fund, established in subsection (a) of this section, such sums as may be necessary to carry out subsection (f) of this section in the fiscal year ending September 30, 1991. (d) The Board of Trustees of the Government Employees Retirement System is authorized and directed to audit its accounts to determine the total amount of monies which has been heretofore contributed by Governors and Lieutenant Governors to the Employees Retirement System and to report its findings to the Commissioner of Finance within 60 days of enactment hereof. The Commissioner of Finance is authorized and directed to transfer to the Fund, the sum indicated by the Board of Trustees as the total amount heretofore contributed by elected Governors and Lieutenant Governors to the Employees Retirement System. (e) Eligibility for receipt of disbursements pursuant to this section shall be upon the resignation due to illness during the term of office or at the expiration of the term of office. (f) Notwithstanding his age, any elected Governor and Lieutenant Governor retiring pursuant to the provisions of this section shall receive, beginning on the date he leaves office, a service retirement annuity, as follows: (a) after one (1) term in office, 40% of the Governor's and Lieutenant Governor's the average salary of last term in office; (b) after two (2) terms in office, 80% of the Governor's and Lieutenant Governor's the average salary of last term in office; (c) after three (3) terms in office, 100% of the Governor's and Lieutenant Governor's the average salary of last term in office; provided, however, that in the event a former elected Governor and Lieutenant Governor is reelected to the Office of Governor, Lieutenant Governor, Senator, Delegate to Congress, or holds any other appointed or salaried position in the Government of the Virgin Islands after retirement, disbursements pursuant to this section shall cease until such time as eligibility pursuant to subsection (e) of this section is attained; and provided, further, that if a former Lieutenant Governor serves two (2) terms and is elected to the office of Governor and serves therein, such term or terms may be credited for the purposes of receiving the maximum service annuity as Lieutenant Governor provided, however, that if the Lieutenant Governor is elected to two (2) or more terms as Governor, he will be limited to the benefits provided for either the Governor or Lieutenant Governor. In the event an elected Governor and Lieutenant Governor resigns from office due to illness with one-half or less of his term remaining, for purposes of this section only, he shall be considered to have completed the term. History: Added Dec. 28, 1990, No. 5666, § 2, Sess. L. 1990, p. 469; amended May 20, 1994, No. 5979, § 5, Sess. L. 1994, p. 71; July 26, 2011, No. 7270, § 4, Sess. L. 2011, p. 134; Oct. 7, 2011, No. 7307, §§ 3, 5, Sess. L. 2011, pp. 216, 217; amended Dec. 14, 2012, No. 7458, § 22, Sess. L. 2012, p. 417-418; amended Sept. 25, 2014, No. 7649, § 1, Sess. L. 2014, p. 244.

(a) There is established in the Treasury of the Virgin Islands a fund to be known as the Vocational School Building Fund. The Commissioner of Finance shall provide for the administration of the fund as a separate and distinct fund in the Treasury of the Virgin Islands and no amounts therein shall be available for expenditure or disbursement except as provided in this section. (b) The fund shall consist of all sums received from Hess Oil Virgin Islands Corporation Restated Second Extension Agreement for the construction of a Vocational School; public or private monetary grants, gifts, donations, bequests or devises; and all sums appropriated thereto, from time to time, by the Legislature of the Virgin Islands. (c) The Commissioner of Finance shall deposit the monies contained in the fund in interest earning accounts pursuant to chapter 117 of this title. The interest earned on the monies on deposit in the fund shall also be deposited into the fund. (d) The Commissioner of Finance shall disburse monies from the fund upon authorization of the Commissioner of Education specifically for construction and related expenses of the Vocational School. (e) The Commissioner of Finance shall maintain a detailed accounting record of all monies deposited into and disbursed from the fund and shall submit to the Governor and the Legislature annually, at the close of the fiscal year, a report on the financial status of the fund. History: Added Jan. 3, 1991, No. 5667, § 1, Sess. L. 1990, p. 472.

(a) The purpose of this section is to grant the departments and agencies of the Government of the United States Virgin Islands the authority to expend monies received in the form of insurance proceeds for expediently replacing and/or repairing assets lost or damaged, thereby minimizing the interruption of governmental services. (b) There is established in the Treasury of the Virgin Islands a fund to be known as the "Asset Recovery Fund". The Commissioner of Finance shall provide for the administration of the fund as a separate and distinct fund in the Treasury of the Virgin Islands and no amounts therein shall be available for expenditure or disbursement except as provided in this section. (c) The fund shall consist of all sums received as insurance proceeds to be used for replacing and/or repairing similar purpose assets or groups of assets which have been lost or damaged, and all sums appropriated thereto, from time to time, by the Legislature of the Virgin Islands. (d) The Commissioner of Finance shall deposit the monies contained in the fund in interest earning accounts pursuant to chapter 117 of this title. The interest earned on the monies on deposit in the fund shall also be deposited into this fund. (e) The Commissioner of Finance shall disburse monies from the fund upon authorization of the Commissioner or agency head specifically for replacing and/or repairing assets or groups of assets which have been lost or damaged. Disbursements shall not exceed the amounts deposited to the fund by the agency or department. (f) The Commissioner of Finance shall maintain a detailed accounting record of all monies deposited into and disbursed from the fund and shall submit to the Governor and the Legislature annually, at the close of the fiscal year, a report on the financial status of the fund. History: Added Jan. 3, 1991, No. 5668, Sess. L. 1990, p. 473.

(a) There is established in the Treasury of the Virgin Islands a fund to be known as the Real Estate Appraisers Fund. The Commissioner of Finance shall provide for the administration of the fund as a separate and distinct fund in the Treasury of the Virgin Islands and no amounts therein shall be available for expenditure or disbursement except as provided in this section. (b) The fund shall consist of all proceeds from Title 27, chapter 16, Virgin Islands Code; and all sums appropriated thereto, from time to time, by the Legislature of the Virgin Islands. (c) The Commissioner of Finance shall deposit the monies contained in the fund in interest earning accounts pursuant to chapter 117 of this title. The interest earned on the monies on deposit in the fund shall also be deposited into the fund. (d) The Commissioner of Finance shall disburse monies from the fund upon authorization of the Board of Real Estate Appraisers specifically for examinations and all related expenses of the Board. (e) The Commissioner of Finance shall maintain a detailed accounting record of all monies deposited into and disbursed from the fund and shall submit to the Governor and the Legislature annually, at the close of the fiscal year, a report on the financial status of the fund. History: Added Nov. 18, 1991, No. 5756, § 2, Sess. L. 1991, p. 257.

(a) There is established in the Treasury of the Virgin Islands, a special revolving fund to be designated the "Vendors Plaza Revolving Fund". The Commissioner of Finance shall provide for the administration of the fund as a separate and distinct fund in the Treasury and no amounts shall be available for expenditure or disbursement therefrom except as provided in this section. (b) The purpose of the Vendors Plaza Revolving Fund is to protect and preserve the fragile infrastructure of the Vendors Plaza and promote the orderly transaction of vending type businesses in the central business district and other vending locations. (c) The fund shall consist of all sums appropriated thereto from time to time by the Legislature, maintenance and administration fees collected from occupants of vendors plazas, and all fines and administrative penalties imposed by the courts and the Commissioner of Licensing and Consumer Affairs for violations of the provisions of Title 27, Virgin Islands Code, pertaining to vendors, and any other laws or duly promulgated rules and regulations, as may be applicable. (d) Monies contained in the Fund shall be used for, but not limited to, the following purposes: (1) To pay for the cleaning, sweeping, disposal of trash and other janitorial and gardening functions necessary to maintain the vendors plazas in the best interest of the community; (2) Compiling, evaluating and publicizing the existing laws and regulations applicable to vendors for the general protection of the public; (3) Promotion and oversight of the enforcement of all laws, rules, regulations and orders which pertain to the operations of vending businesses, itinerant vendors, and vendors plazas in order to protect the interests of consumers; (4) To provide technical advice for the management and promotion of vendors plazas; (5) To promote, on behalf of vendors and consumers, fair and honest practices of commerce and industry; (6) To provide for specialized training for staff and enforcement personnel in relation to vendor licensing laws; (7) To purchase identification cameras, badges, and other materials and equipment needed to properly document and adequately license vendors; (8) To pay for the costs associated with providing security services and information services, signs, and other structures, improvements or renovations within and without vendors plazas; or (9) To enter into contracts and agreements with public or private institutions for carrying out investigations, examinations or analyses of products, articles or services, as well as to carry out publicity campaigns, and sponsor promotional events which would enhance and promote commerce at vendors plazas; (10) To acquire decorations and other accessories to maintain and beautify vendors plazas; and (11) to acquire necessary equipment for the effective administration of vendors plazas. In addition to the enumerated uses stated above, monies shall be disbursed from the Fund by the Commissioner of Finance, upon authorization of the Commissioner of the Department of Licensing and Consumer Affairs and the Commissioner of the Department of Property and Procurement, for the administration and promotion of vendors plazas, and the enforcement of the consumer protection laws of Title 12A and the licensing laws of Title 27 of this Code. (e) The entire proceeds of the Vendors Plaza Revolving Fund shall remain on deposit and continue from year to year until such time as expended in accordance with the uses cited in subsection (d) of this section. History: Added Jan. 7, 1993, No. 5824, § 27, Sess. L. 1992, p. 178; amended Jan. 19, 2023, No. 8690, § 4(a)-(c), Sess. L. 2022, p. 448.

(a) There is hereby established in the Treasury of the Virgin Islands a separate and distinct fund to be designated the Corporation Division Revolving Fund. The Commissioner of Finance is authorized and directed to provide for the administration of the Fund and no monies contained therein shall be available for expenditure except as provided in this section. (b) The Fund shall consist of ten percent of the total monies collected by the Division of Corporations of the Office of the Lieutenant Governor, including ten percent of all fines and penalties, and such sums as may be appropriated from time to time by the Legislature, all of which shall remain available until expended. (c) Monies shall be disbursed from the Fund by the Commissioner of Finance, upon authorization and direction of the Lieutenant Governor, for the purpose of purchasing and maintaining microfilm and data processing equipment, and purchase of related supplies and equipment, for staffing, and for such other necessary equipment and services as may be determined by the Lieutenant Governor. (d) The Commissioner of Finance shall maintain a record of all monies deposited into and disbursed from the Fund and shall annually report to the Governor and the Legislature on the status of the Fund. History: Added Oct. 13, 1993, No. 5891, § 7, Sess. L. 1993, p. 235; amended Aug. 17, 1999, No. 6287, § 12, Sess. L. 1999, p. 46.

(a) There is established in the Treasury of the Government of the Virgin Islands, a special fund to be designated as the "Children's Trust Fund:" (hereafter "the Fund"). The Commissioner of Finance shall maintain and provide for the administration of the Fund as a separate and distinct fund in the Treasury of the Government of the Virgin Islands, and no monies shall be available for expenditure from the Fund, except as provided by law. (b) The Fund shall consist of: (1) all fees collected from birth certificates; (2) all grants, gifts, contributions and bequests from private, federal or local sources, as may be made thereto and which the Commissioner of Finance is hereby authorized to accept and deposit therein; (3) all sums appropriated from time to time by the Legislature of the Virgin Islands; (4) all fines imposed by the Superior Court of the Virgin Islands for violations of child abuse and neglect laws of the Virgin Islands. (c) The Commissioner of Finance shall deposit the monies contained in the Fund into interest earning accounts pursuant to chapter 117 of this title. The interest earned on the monies deposited in the Fund shall also be deposited into the Fund. (d) The Commissioner of Finance shall disburse monies from the Fund upon the authorization and direction of the Commissioner of Human Services, for the purpose of establishing child abuse, neglect prevention and intervention programs, and purposes relating to the rehabilitation of children within the Virgin Islands including necessary capital improvements. (e) The Commissioner of Finance shall maintain a detailed accounting record of all monies deposited into and disbursed from the Fund and shall submit to the Governor and the Legislature annually, at the close of each fiscal year, a report on the financial status of the Fund. History: Added Jan. 13, 1994, No. 5948, § 110, Sess. L. 1993, p. 339.

(a) There is hereby created as a separate and distinct fund in the Treasury of the Virgin Islands, the St. Croix Capital Improvement Fund. All monies deposited in such fund shall be appropriated by law exclusively for capital improvement projects on the island of St. Croix, and such monies shall remain available until expended for the purposes for which they are appropriated. (b) The fund shall consist of all sums appropriated thereto from time to time by the Legislature, and all gifts, contributions and bequests of all monies made thereto, all of which shall remain available until expended. (c) Commencing two years after the date of enactment of this section, the Fund shall also consist of an annual appropriation of $2,000,000 from the Internal Revenue Matching Fund. History: Added Mar. 8, 1994, No. 5960, § 1, Sess. L. 1994, p. 20.

(a) There is established in the Treasury of the Virgin Islands, a special revolving fund to be designated the "Division of Festivals Revolving Fund". The Commissioner of Finance shall provide for the administration of the Fund as a separate and distinct fund in the treasury and all monies therein shall be used exclusively to pay the necessary and proper expenses of the Division of Festivals established under 3 V.I.C. § 339a. (b) The Commissioner of Finance shall maintain a record of all monies deposited into the Division of Festivals Revolving Fund and shall annually report to the Governor and the Legislature on the status of the Fund. (c) The Fund shall consist of all sums appropriated thereto by the Legislature and all fees which are collected by the Police Department for special vendor placement permits and liquor licenses issued for festival events organized by the Division of Festivals, which fees shall be deposited into the Fund. (d) Monies in the Fund shall be disbursed by the Commissioner of Finance upon the authorization of the Commissioner of Tourism. The amount of monies disbursed to the Division of Festivals shall represent the fees collected by the Police Department during carnival and festival activities in each island together with any other sums appropriated by the Legislature. History: Added Apr. 6, 1994, No. 5966, § 5, Sess. L. 1994, p. 33; amended Jan. 6, 2019, No. 8153, § 2(a)- (d), Sess. L. 2018, p. 336.

(a) There is hereby established in the Treasury of the Virgin Islands a special fund to be known as the Economic Development Authority Fund to be held by the Commissioner of Finance separate and apart from all other funds of the Government of the Virgin Islands in the treasury and administered at the direction of the Public Finance Authority for the purpose of economic development in the Territory. No moneys therein shall be available for expenditure or disbursement except as provided in this section. (b) The Economic Development Authority Fund shall consist of all monies appropriated thereto by the Legislature, and of all repayments of loans, payments of interest, and other receipts arising out of joint venture investment projects between the Public Finance Authority and private entities. (c) Except as provided herein for the establishment and administration of the Economic Development Authority Fund, monies shall be disbursed from the Economic Development Authority Fund by the Commissioner of Finance, upon authorization of the Public Finance Authority, exclusively to fund, loan and develop revenue producing, tourist related development projects and to establish cruise ship home ports and provide incentives for manufacturing operations and other industries, including, but not limited to entertainment, film making and film production in the territory. (d) The Public Finance Authority shall consider the following criteria in evaluating projects for possible financing under the Economic Development Authority Fund. The project shall: (1) provide a substantial number of full time jobs (not less than 10) for Virgin Islanders on a permanent and continuous basis; (2) generate a flow of taxable revenues; (3) provide for reasonable financial return; (4) have reasonable prospects for success; (5) provide practical opportunities for responsible Virgin Islands business enterprises to participate as suppliers of goods or providers of services; or (6) demonstrates environmental compatibility. (e) The Public Finance Authority shall cause to be published in the newspapers of general circulation in the Virgin Islands, invitations for project proposals to be submitted to the Authority. In addition, the Authority shall undertake such educational efforts as may be necessary to create a general public awareness of financing available through the Authority. (f) All proposals submitted to the Authority shall be accompanied by a business plan which shall include but not be limited to the following items: (1) a brief description of the business; (2) audited financial statements for the past three years; (3) interim financial statements for a period terminating not more than sixty (60) days prior to the loan request; (4) personal financial statements of all parties holding an ownership interest of five (5%) percent or more; (5) forecasts of income and expenses for the three (3) years of operations, including cash flow monthly for the first year; (6) personal resumes of all officers, directors and managing personnel; (7) credit references; (8) lease contracts; (9) use permits; (10) a full description of the property to be offered as collateral; (11) certification by the Bureau of Internal Revenue that all U.S. Virgin Islands taxes are current; (12) certificate of incorporation (where applicable); and (13) such other documents as may be deemed necessary. (g) The Authority may make from the Economic Development Authority Fund: (1) direct loans, loans in participation with commercial banks and/or federal agencies; (2) guarantee loans made by such financial institutions; or (3) direct equity investments in projects which meet the criteria established in subsection (d) of this section and subject to the approval of the Legislature of the Virgin Islands. (h) The funds made available by the Authority may be used for the acquisition of fixed assets, not including real property, acquisition of machinery and equipment for working capital. (i) The maximum term of such financing shall be fifteen (15) years in the case of fixed assets having a life span of at least fifteen years, eight (8) years for the acquisition of machinery and equipment and five (5) years for working capital. (j) In all instances, the entrepreneur or owners must have equity investments equal to at least 25% of the total cost of the project. (k) Financing made available by the Authority may not be used for any of the following purposes; payment of the dividends, interim or bridge financing or the refinancing of debt or the payment of debt or judgments entered in any bankruptcy proceeding. (l) The Commissioner of Finance and the Public Finance Authority shall maintain a detailed accounting record of all monies deposited into and disbursed from the Economic Development Authority Fund and shall submit annual reports to the Governor and the Legislature on the status of and disbursements from the Fund. History: Added Aug. 26, 1994, No. 6006, § 7, Sess. L. 1994, p. 147; amended Feb. 1, 2001, No. 6390, § 32, Sess. L. 2000, p. 425.

(a) There is created and established in the Treasury of the Virgin Islands, a special revolving fund to be designated the "Summer Employment and Scholarship Fund". The Commissioner of Finance shall provide for the administration of the Fund as a separate and distinct fund in the Treasury of the Virgin Islands and all money therein shall be used exclusively to provide summer jobs and youth activities and to provide scholarships to attend the University of the Virgin Islands. (b) There shall be a Board of Directors which shall be composed of nine (9) members as follows: the Commissioner of Sports, Parks and Recreation, the Commissioner of Labor, the Director of the Division of Personnel, the Presidents of the Chamber of Commerce from both districts, two (2) students selected by the Commissioner of Education (one from each district) and two (2) people in the field of banking and finance selected by the Senate President (one from each district). The board shall administer the fund, and set policy and guidelines with respect to eligibility for summer employment and the awarding of scholarships, and to promulgate the requirements of this act. (c) The board is authorized to hire a full-time executive director to administer the programs, policy and guidelines promulgated by the board. (d) The Fund shall consist of all sums appropriated thereto from time to time by the Legislature, a bi- weekly appropriation from the General Fund and bi-weekly voluntary contributions of $1.00 from all employees in the Virgin Islands. The Executive Director shall set up a system of payment and collection of the bi-weekly contributions from all employees in the Virgin Islands. (e) Monies in the Fund shall be disbursed by the Commissioner of Finance upon the authorization of the Board. The amount of money disbursed to each district shall represent one-half (1/2) of the contributions given by all employees, plus an amount from the General Fund which is equivalent to the total amount of $1.00 per pay period for each employee in the Virgin Islands, together with any other sums appropriated by the Legislature. The appropriations from the General Fund and the Legislature shall be divided equally by district. Money from the General Fund shall be deposited into the Virgin Islands Summer Employment and Scholarship Fund on a bi-weekly basis by the Commissioner of Finance. (f) Money in the Fund shall be used to provide summer jobs, internships and other activities for Virgin Islanders who attend junior and senior high schools or attend colleges or universities, and to provide scholarships to Virgin Islanders to attend the University of the Virgin Islands. (g) The Commissioner of Finance shall maintain a record of all monies deposited into and disbursed from the "Summer Employment and Scholarship Fund" and shall report annually to the Governor and the Legislature on the status of the fund. History: Added Sept. 30, 1994, No. 6030, § 1, Sess. L. 1994, p. 229; amended Oct. 5, 2012, No. 7442, § 1, Sess. L. 2012, p. 340.

(a) There is created and established in the Treasury of the Virgin Islands, a special revolving fund to be designated the Crisis Intervention Fund. The Commissioner of Finance shall maintain and provide for the administration of the fund as a distinct fund in the Treasury, and no monies shall be available for expenditures from the fund, except as provided by law. (b) There is authorized to be appropriated to and deposited into the Crisis Intervention Fund such sums each year from the Caribbean Basin-Initiative Fund and the Internal Revenue Matching Fund as authorized by law and all other sums appropriated from time to time by the Legislature. Monies shall be disbursed from the fund by the Commissioner of Finance, upon the authorization of the Commissioner of the Department of Human Services, for the purpose of funding programs relating to family and youth crisis intervention services the payment of any membership requirements mandated by the Interstate Commission for Juveniles and disbursement of grants to authorized youth organizations as provided by law; provided however, that not more than twenty percent (20%) of the monies disbursed from the Crisis Intervention Fund shall be used for personnel services. (c) The Commissioners of the Departments of Finance and Human Services shall both maintain a detailed accounting record of all monies deposited into and disbursed from the fund, and they shall submit an annual report on the financial status of the fund to the Governor and the Legislature, which report shall include the amount of each disbursement from the fund together with the name of the payee or grantee to whom each such disbursement was made. (d) The recipients of grants shall maintain a detailed accounting record of all monies received and expended pursuant to this section. The Commissioner of Human Services shall require any grant recipient to submit accounting reports of all monies received and expended. (e) In addition to the financial report required in subsection (c) of this section, the Commissioner of the Department of Human Services shall submit an annual evaluation report on the programs and entities which are funded by monies disbursed from the fund. History: Added Oct. 13, 1994, No. 6034, § 3, Sess. L. 1994, p. 257; amended Apr. 7, 2010, No. 7159, § 3, Sess. L. 2010, p. 43.

(a) There is hereby established in the Treasury of the Virgin Islands, a fund to be known as the Youth Transitional Employment Fund. The fund shall consist of one-hundred percent of the monies collected under subsection (b) of this section, any funding from the federal government, any funds appropriated thereto from time to time by the Legislature and all gifts, contributions, and requests made thereto. All contributions to the fund shall remain available until expended from the purposes enumerated under this section. (b) The Commissioner of Finance shall deposit all of the fees collected under Title 23, Section 455(b), Virgin Islands Code and Title 27, Section 302(a), Virgin Islands Code, ("Firearms and ammunition- distributor or wholesaler; Firearms and ammunition-retail sales; Firearms and ammunition-gunsmith") into the Youth Transitional Employment Fund. (c) Monies shall be disbursed from the fund by the Commissioner of Finance upon the authorization of the Commissioner of Labor for the purpose of carrying out the provisions of the Youth Transitional Employment Program as provided under Title 24, Chapter 19 of this code. Monies appropriated under this act shall not be used for any purpose other than for the payment to employers and administrative costs as provided for in Section 617 therein. History: Added Mar. 22, 1996, No. 6099, § 4, Sess. L. 1996, p. 32.

(a) There is hereby established in the Treasury of the Government of the Virgin Islands, a special fund to be designated as the "School Construction, Maintenance and Capital Fund". The fund shall consist of one- hundred percent of the monies collected under subsection (b) of this section, any funding appropriated thereto from time to time by the Legislature and all gifts, contributions, and requests made thereto, and 100 percent of the proceeds generated from the leasing of properties that were previously used as schools, or such other percentage of the leasing proceeds as the Commissioner of Property and Procurement and the Director may negotiate. The Commissioner of the Department of Property and Procurement, along with the Director of the Bureau, may negotiate the percentage of business income from the lease of a property that was previously used as a school to be deposited into the Fund. All contributions to the fund shall remain available until expended from the purposes enumerated under this section. (b) The Commissioner of Finance shall deposit $1.75 out of every $3.75 of the fees collected under Title 20, Virgin Islands Code, section 425 into the School Construction, Maintenance and Capital Fund only upon completion of all of the capital improvement projects listed therein. (c) Monies from this Fund must be used exclusively to support the activities of the Bureau of School Construction and Maintenance as established pursuant to title 3 Virgin Islands Code, chapter 7, subchapter II and shall be disbursed from the fund by the Commissioner of Finance upon the authorization of the Executive Director of the Bureau of School Construction and Maintenance. Monies appropriated under this act shall not be used for any purpose other than the construction, maintenance and/or rehabilitation of all Virgin Islands public schools. Monies in this Fund may not be used for administrative purposes unless the Legislature of the Virgin Islands has made a specific appropriation for administrative purposes. History: Added Jan. 1, 2012, No. 7268, § 2, Sess. L. 2011, pp. 128-129; amended Apr. 25, 2023, No. 8717, § 5(1)-(3), Sess. L. 2023, p. 39; amended Oct. 16, 2024, No. 8919, § 4, Sess. L. 2024, p. -.

(a) There is established as a separate and distinct fund in the Treasury of the Virgin Islands, known as the Youth Alternative Education Fund. The Fund consists of any funding from the federal government, any funds appropriated thereto from time to time by the Legislature and all gifts, contributions, and requests made to the Fund. All contributions to the Fund remain available until expended for the purposes enumerated under this section. (b) The Commissioner of Finance shall provide for the administration of the Fund and no monies contained in the Fund are available for expenditure except as provided in this section. Monies must be disbursed from the Fund by the Commissioner of Finance upon the authorization of the Commissioner of Education for the sole purpose of paying administrative and program cost exclusively to the Youth Alternative Education Program. History: Added Jan. 20, 2017, No. 7972, § 29, Sess. L. 2016, p. 406.

(a) There is established in the Treasury of the Virgin Islands, a fund to be known as the Virgin Islands Education Initiative Fund (hereinafter the "Fund"). The Commissioner of Finance shall provide for the administration of the Fund as a separate and distinct fund in the Treasury of the Government of the Virgin Islands and shall promulgate rules for the expenditure of funds and the reporting of such expenditures pursuant to the provisions of this section. (b) The Fund shall consist of: (1) thirty-five percent of the proceeds derived from the games under each contract between the Virgin Islands Lottery and a private contractor of lottery games, including the proceeds under a contract with a contractor of video lottery games authorized under title 32 Virgin Islands Code, section 246(a)(1); (2) all sums appropriated thereto by the Legislature of the Virgin Islands; and (3) all donations, gifts and bequests. (c) Monies in the Fund shall be dispersed by the Commissioner of Finance into an imprest fund checking account pursuant to the following formula: (1) A base allocation of $65,000 and $20,000 per public school and public adult education facility, respectively. Each public school and public adult education facility shall receive the additional sum of $20.00 per student for every enrolled student over five hundred, as determined by the fall school population report of the Office of Planning, Research and Evaluation, and the Department of Education. The fall school population report shall be submitted no later than September 1st of each fiscal year. The funds should be released within 30 days after the report is submitted. (2) Each fiscal year, each superintendent must receive the sum of $75,000 from the Fund to manage district related academics and social and emotional programs. (3) Each fiscal year, the Commissioner of Education must receive the sum of $176,000 from the Fund to pay non-American Federation of Teachers coach stipends for athletic programs. (4) Each fiscal year, the sum of $250,000 shall be allocated from the Fund to the Department of Education for the purpose of covering administrative costs incurred in the operation of the Fund and to retain one Financial Control Officer per school district to aid principals in complying with the reporting requirements of the Fund. (5) At the end of the fiscal year, all remaining funds will remain with each school to be used for enhancing classroom instruction and resources, and for student support and intervention. The uses include the acquisition of textbooks, software, and related educational resources. (d) Principals may use monies from the Education Initiative Fund for costs associated with the management and operation of the school district's administrative functions to include: (1) Salaries and benefits for district-level financial control officers; (2) Communication costs, such as telephone and internet for administrative offices; (3) Professional development for administrative and financial staff; (4) Data processing costs related to student information and financial management systems; and (5) Necessary operating expenses for the district's administrative offices. (e) Principals shall not use monies from the Education Initiative Fund to purchase: (1) entertainment items, goods, or services; (2) more than $8,000 worth of equipment and supplies for administrative offices annually; (3) donations, raffle tickets, or other related expenditures; (4) more than $5,000 per person, legal entity, employee, or more than fifty percent of the school's total allocation on professional services, professional services provided by non-employees with specialized skills under independent contractor agreements, excluding payments for goods, materials, and travel expenses of independent contractors; (5) delinquent prior obligations; (6) vehicles; or (7) employee travel. (f) Each superintendent and school receiving an allocation under the Education Initiative Fund shall have established an imprest fund checking account. (g) The principal of each school or facility, or the next highest ranking assistant principal in the principal's absence shall be the sole authority empowered to write checks on the respective school's imprest fund checking account. (h) All monies due to schools and educational facilities shall be allocated, disbursement, and reported in accordance with the provisions of this section as follows: (1) The Virgin Islands Department of Education shall initiate the process by formally requesting the necessary funds and preparing documentation outlining the proposed distribution of funds no later than October 1st of each fiscal year. (2) The Office of Management and Budget shall authorize the release of funds no later than November 1st of each fiscal year. (3) The Department of Finance shall disburse the funds, including processing payments to schools, no later than December 1st of the fiscal year. (4) Each principal and superintendent shall submit to the Commissioner of Education a monthly report detailing the amount, the nature, and the justification for each expenditure. Reports shall be submitted by the 15th of each month and must include receipts, and any other documentation required under the guidelines of the Virgin Islands Education Initiative Fund and the laws of the Virgin Islands. (5) The Department of Education shall compile an annual financial report summarizing the fiscal year's activities for submission to the Department of Finance by the 30th day of the month following the end of the fiscal year. (i) The Commissioner of Finance shall maintain comprehensive records of all monies deposited into and disbursed from the Fund and shall submit an annual report on the status of the Fund to the Governor and the Legislature no later than the sixty days after the close of the fiscal year. (j) Violations and Enforcement: (1) Any suspected or confirmed violations of the rules of the Fund to include misappropriation, misuse, or unauthorized expenditure of funds disbursed under this section shall be investigated by Department and appropriate law enforcement agencies. Where applicable, offenders shall be subject to administrative sanctions, including suspension or termination, and civil or criminal penalties under applicable laws. (2) Principals or superintendents who fail to submit required monthly or annual financial reports may have subsequent disbursements suspended until compliance is achieved and may be subject to disciplinary action by the Department of Education. (3) The Department of Education shall develop and enforce a system of progressive penalties for noncompliance, which may include written warnings, mandatory financial management training, reduction in allocations, and referral to the Virgin Islands Inspector General or Attorney General for further action. History: Added Dec. 13, 1995, No. 6088, § 6, Sess. L. 1995, p. 239; amended June 18, 1996, No. 6110, § 26, Sess. L. 1996, p. 66; Aug. 1, 2003, No. 6590, §§ 2, 3, Sess. L. 2003, p. 50; Oct. 17, 2005, No. 6793, § 17, Sess. L. 2005, p. 356; amended Oct. 13, 2014, No. 7693, § 3, Sess. L. 2014, p. 331; amended Oct. 16, 2024, No. 8919, § 15, Sess. L. 2024, p. -; amended July 9, 2025, No. 9005, § 2, Sess. L. 2025, p. -.

(a) There is hereby established in the Treasury of the Virgin Islands, a special revolving fund designated as the Breast, Cervical and Prostate Cancer Awareness Program Fund (hereinafter the "Fund"). The Commissioner of Finance shall provide for the administration of such fund as a separate and distinct fund in the Treasury, and no amounts shall be available for expenditure or disbursement except as provided for in this section. (b) The Fund shall consist of sums appropriated thereto from time to time by the Legislature and such other monies, grants, contributions, gifts and bequests, federal or local, as may be made thereto and which the Commissioner of Finance is hereby authorized to accept and deposit therein. (c) There is authorized to be appropriated from the General Fund in each fiscal year, a sum of not less than $200,000 to be deposited into the Breast, Cervical and Prostate Cancer Awareness Program Fund. (d) Monies shall be disbursed from the Fund by the Commissioner of Finance, upon authorization and direction of the Commissioner of Health, for the establishment and administration of the cancer registry system including all training programs, public education programs and announcements in both Spanish and English relating to breast, cervical and prostate cancer, mass mailings, advertising posters, press releases, community fairs and other related programs. (e) The Commissioner of Finance shall maintain a record of all monies deposited into and disbursed from the Fund and shall submit semi- annual reports to the Legislature and the Office of Management and Budget on the status of the Fund. History: Added July 18, 1996, No. 6115, § 5, Sess. L. 1996, p. 85; amended Aug. 17, 1999, No. 6286, § 2, Sess. L. 1999, p. 39.

Fund (a) There is hereby established a fund within the Treasury of the Virgin Islands to be known as the "Virgin Islands Historic District Reconstruction and Rehabilitation Revolving Fund". The Commissioner of Finance shall maintain and provide for the administration of the fund as a separate and distinct fund in the Treasury, and no amounts therein shall be available for expenditure or disbursement except as provided in this section. All monies in the fund shall remain available until expended. (b) The fund shall consist of all sums appropriated thereto from time to time by the Legislature and all public and private monetary grants, gifts, donations, bequests or devises to the fund and deposits made pursuant to Title 32, Chapter 21, Section 515, Virgin Islands Code. (c) Monies in the fund shall be disbursed in the form of loans by the Commissioner of Finance at the direction of the Historic Preservation Commission, exclusively to qualified borrowers as approved by the Historic Preservation Commission for design, development and actual reconstruction of the structures and facilities within the two historic town districts on the island of St. Croix and historical districts in Charlotte Amalie on the island of St. Thomas. Eighty percent (80%) of the monies in the fund shall be used for the island district of St. Croix and twenty percent (20%) for the historical districts in St. Thomas. The interest rate on the loans shall be at a rate not more than 4% per annum and the maximum life of such loan shall be not more than 30 years. History: Added Sept. 23, 1996, No. 6122, § 2, Sess. L. 1996, p. 118; amended Feb. 2, 2010, No. 7149, § 18, Sess. L. 2009, p. 416; amended Sept. 11, 2012, No. 7394, § 7, Sess. L. 2012, p. 239.

(a) There is hereby established in the Treasury of the Virgin Islands, a special revolving fund to be designated and referred to as the Pharmaceutical Insurance Fund. The Commissioner of Finance shall provide for the administration of such fund as a separate and distinct fund in the Treasury; and no amounts shall be available for expenditure or disbursement except as provided for in this section. (b) The Pharmaceutical Insurance Fund shall consist of: (1) all sums appropriated thereto from time to time by the Legislature; (2) amounts withheld from employees and retired employees under the provisions of subchapter VIII of chapter 25chapter 25 of Title 3ode; (3) income derived from any dividends, premiums, rate, adjustments or other refunds under any contract or contracts for medical insurance pursuant to the provisions of subchapter VIII of chapter 25 of Title 3 of this Code; which income shall be retained in the fund as a special reserve for adverse fluctuation in future charges under any such contract or contracts. (c) Money shall be disbursed from the Pharmaceutical Insurance Fund by the Commissioner of Finance upon authorization of the Chairman of the Health Insurance Board of Trustees for the purpose of paying pharmaceutical insurance invoices/bills under the Pharmaceutical Plan Card System. History: Added Mar. 19, 1998, No. 6214, § 1, Sess. L. 1998, p. 211.

(a) There is established in the Treasury of the Virgin Islands, a fund to be known as the Virgin Islands Voter Identification and Registration Fund (hereinafter the "Fund"). The Commissioner of Finance shall provide for the administration of the Fund as a separate and distinct fund in the Treasury of the Virgin Islands. (b) The Fund shall consist of all sums appropriated thereto by the Legislature of the Virgin Islands, and all funds authorized by law or regulation to be collected by the Office of Supervisor of Elections in the administration of the Election System. (c) Monies in the Virgin Islands Voter Identification and Registration Fund shall be disbursed by the Commissioner of Finance into an Imprest Fund Checking Account. The Supervisor of Elections shall be the sole authority empowered to write checks on the Imprest Fund Checking Account, and shall provide a monthly report detailing the amount, the nature and the justification for each item of expenditure, in addition to receipts and other documentation. (d) Any sum remaining in the Imprest Fund Checking Account at the end of the fiscal year shall be returned to the Treasury of the Virgin Islands. (e) The Commissioner of Finance shall maintain a record of all monies deposited into and dispersed from the Fund and shall annually report to the Governor and the Legislature of the status of the Fund. History: Added July 10, 1998, No. 6239, § 11(b), Sess. L. 1998, p. 370.

(a) There is established in the Treasury of the Virgin Islands, a fund to be known as the Virgin Islands Department of Health Imprest Fund (hereinafter the "Fund"). The Commissioner of Finance shall provide for the administration of the Fund as a separate and distinct fund in the Treasury of the Virgin Islands. The Department of Health shall adopt rules and regulations for the expenditure of the funds and the reporting of the expenditures under the provisions of this section. (b) The Fund shall consist of all sums appropriated thereto by the Legislature of the Virgin Islands, all donations, gifts and bequests and shall remain available until expended. (c) Monies from the Fund shall be allotted to the Department of Health to purchase medicine, supplies, materials and equipment. (d) The Commissioner of Health shall establish and maintain an impress checking account. Within 15 days of the beginning of each fiscal year, the Commissioner of Finance shall deposit into the Department of Health's imprest account the sum of $250,000. (e) The Commissioner of Health or the Deputy Commissioner for Business and Financial Management Services shall be authorized and empowered to expend monies from the Fund. The Commissioner of Health by the 30th day of the month following the end of each quarter shall submit to the Department of Finance a quarterly report detailing the amount, the nature, and the justification for each item of expenditure in the previous quarter. The report shall be accompanied by receipts and any other such documentation required by the Department's rules and regulations or other laws of the Virgin Islands. An Annual Financial Report of the fiscal year's expenditures from the Fund shall be compiled by the Commissioner of Health and submitted to the Legislature and the Department of Finance by the 30th of the month following the end of the fiscal year. (f) The Commissioner of Health shall not use monies from the Fund to pay salaries, other personnel costs or costs for personal or professional services. History: Added May 14, 1999, No. 6279, § 3 2., Sess. L. 1999, p. 14.

(a) There is established a special fund to be designated as the "Emergency Services Fund" and to be held by the Commissioner of Finance on behalf of the Government of the United States Virgin Islands separate and apart from all other funds of the Government. (b) The following monies shall be deposited into the Emergency Services Fund: (1) All emergency services surcharges added to any telephone, electrical, sewage or other utility bill telecommunication services listed in section 57(b) of this title or tax schedule; (2) Any grants, donations or gifts made specifically or generally for the use of or purposes set forth in this fund; (3) All sums appropriated thereto from time to time by the Legislature; (4) All fees collected for the use of emergency services as supported by this fund. (c) The Commissioner of Finance shall maintain and provide for the administration of the Emergency Services Fund as a separate and distinct fund, and no funds therein shall be available for expenditure except as provided in this section. (d) Monies in the Emergency Services Fund shall be expended by the Commissioner of Health, the Director of VITEMA or the Director of the Virgin Islands Fire Services for the purchase of equipment, communication services, supplies, training and other professional services and utilities necessary to provide, maintain or improve emergency medical services, fire services or 911 emergency and other response services. (e) The Virgin Islands Public Finance Authority, established in title 21, section 103, of this Code, may leverage monies in the Emergency Services Fund at the request of the Commissioner of Health, the Director of VITEMA and the Director of the Fire Services. (f) No monies shall be expended from the fund for any purpose other than those enumerated in this section, and no one entity may expend more than one-third of the aggregate amount of monies contained in the fund calculated annually on a fiscal year basis, as of the date of the request, without notices to the other parties and approval of the Governor. History: Added Dec. 2, 1999, No. 6333, § 29(d), Sess. L. 1999, p. 202; amended June 30, 2000, No. 6353, § 1(b), Sess. L. 2000, p. 82; Sept. 28, 2001, No. 6463, § 14, Sess. L. 2001, p. 272; No. 8, 2001, No. 6463, § 15, Sess. L. 2001, p. 283; July 2, 2009, No. 7074, § 3, Sess. L. 2009, p. 88; Apr. 9, 2011, No. 7248, § 7, Sess. L. 2011, pp. 15, 16; amended Sept. 11, 2012, No. 7394, § 15, Sess. L. 2012, p. 240.

(a) There is created and established in the Treasury of the Virgin Islands a special fund designated the "The Emergency Medical Services High School Program Fund". (b) The Commissioner of Finance is directed to maintain and provide for the administration of the Emergency Medical Services High School Program Fund as a separate and distinct fund in the Treasury, and no funds therein shall be available for expenditure except as provided in this section. (c) The Emergency Medical Services High School Program Fund consists of: (1) Grants and monetary gifts from the local industry and businesses. (d) The Commissioner of Finance shall disburse all monies pertaining to the Emergency Medical Services High School Program Fund, for expenditures by the Department of Education as follows: (1) Eighty percent of the funds, gifted, donated or appropriated to the Emergency Medical Services Program curriculum mandated by title 17 Vtitle 17 Virgin Islands Code section 41iistributed equally between the school districts; and (2) Twenty percent (20%) must be used for administrative costs of the Emergency Medical Services Program pursuant to 17 V.I.C. § 41i. History: Added Dec. 6, 2021, No. 8506, § 2, Sess. L. 2021, p. 200.

(a) There is established as a separate and distinct fund in the Treasury of the Virgin Islands the Youth Education and Training Endowment Fund (hereinafter, the "Fund"). The Commissioner of Finance shall provide for the administration of the Fund, and no monies contained therein shall be available for expenditure except as provided in this section. (b) The Fund shall consist of the remainder of the Eight Million Dollars received by the Government of the Virgin Islands pursuant to the Third Extension and Amendment Agreement between the Government of the Virgin Islands, Hess Oil Virgin Islands, Corp. and Petroleos De Venezuela, S.A.V.I., Inc., public or private monetary grants, gifts, donations, bequests or devises, and all sums appropriated thereto from time to time, by the Legislature of the Virgin Islands. (c) The purpose of the fund is to pay for vocational, general and technical education programs, and environmental assessment programs. (d) There is hereby appropriated from the Youth Education and Training Endowment Fund the sum of Five Million Five Hundred Seventy-Nine Thousand Three Hundred ($5,579,300) Dollars for the fiscal year ending September 30, 2000 for the following purposes: DEPARTMENT OF LABOR Youth Development Training Program 350,000 Jobs for Virgin Islands Graduates 340,000 BOARD OF VOCATIONAL EDUCATION For operating expenses and other purposes 40,000 BOARD OF VOCATIONAL EDUCATION Vocational Education Week 5,000 James A. Petersen Scholarship 9,300 Albert Ragster, Sr. Scholarship 20,000 UNIVERSITY OF THE VIRGIN ISLANDS To establish a Research, Training and Environmental Studies Endowment 900,000 DEPARTMENT OF LABOR Summer youth employment program 500,000 DEPARTMENT OF EDUCATION Science Lab St. Croix Central High School 100,000 Substitute teacher pool District of St. Thomas/St. John 150,000 District of St. Croix 150,000 Interscholastic athletics District of St. Thomas/St. John 150,000 District of St. Croix 150,000 Implement the Economic Literacy Program 50,000 Computer labs E. Benjamin Oliver Elementary School 25,000 Lockhart Elementary School 25,000 Joseph Sibilly Elementary School 25,000 Julius E. Sprauve School 40,000 Bertha C. Boschulte Junior High School 50,000 Ivanna Eudora Kean High School 50,000 Educational Complex to develop vocational and technical, training, library services and to purchase equipment 900,000 Foreign Language Lab St. Croix Central High School 100,000 Establish after school programs: Addelita Cancryn Junior High School 50,000 Bertha C. Boschulte Junior High School 50,000 Arthur Richards Junior High School 50,000 Elena Christian Junior High School 50,000 John H. Woodson Junior High School 50,000 DEPARTMENT OF PLANNING AND NATURAL RESOURCES Public libraries to purchase books, periodicals and research materials 1,000,000 BEACON SCHOOLS OF THE VIRGIN ISLANDS, INC. To establish two new Beacon Schools at the junior-high level St. Croix 100,000 Thomas 100,000 TOTAL 5,579,300 History: Added Dec. 2, 1999, No. 6333, § 30(a), Sess. L. 1999, p. 203.

(a) There is hereby established in the Treasury of the Virgin Islands, a separate and distinct fund to be designated the "Public Transportation Fund", hereinafter, the "Fund". There shall be created in the Fund a separate account to be known as the "VITRAN Bus Maintenance Account." The Commissioner of Finance shall deposit into the VITRAN Bus Maintenance Account the money received quarterly from the Commissioner of Public Works realized from the sale of advertisement. The Commissioner of Finance shall provide for the administration of the Fund and no monies contained therein shall be available for expenditure except as provided in this section. (b) The Fund shall consist of all sums appropriated thereto from time to time by the Legislature and all sums received from grants, subsidies and farebox collections by the public bus system. (c) Monies deposited in the Fund shall be disbursed by the Commissioner of Finance, at the direction of the Commissioner of Public Works, for the operation and maintenance of the public transit system, including salaries and fringe benefits and any other operating expenses of the system. However, the money realized from the sale of advertisements on VITRAN buses and bus stops must be used exclusively for the maintenance and repair of the VITRAN buses. At the end of each fiscal year, if there is any money remaining in the VITRAN Bus Maintenance Account, the Commissioner of Public Works may request the Commissioner of Finance that any of the remaining money be transferred to the Public Transportation Fund to be used for the operation and maintenance of the entire public transit system. History: Added Mar. 24, 2000, No. 6346, § 6, Sess. L. 2000, p. 19; amended Jan. 18, 2020, No. 8254, § 2(a), (b), Sess. L. 2019, p. 154, 155.

(a) There is established in the Treasury of the Virgin Islands a special fund designated the "Underground Facility Damage Prevention and Safety Fund" (the "Fund"). (b) The Commissioner of Finance shall administer the fund as a separate and distinct fund and no monies from the Fund shall be available for expenditure except as provided in this section. (c) The Fund consists of all: (1) Sums appropriated from time to time by the Legislature; (2) Public and private grants gifts, donations, bequests and devises of money made thereto; and (3) Fines resulting from violation of 12 V.I.C. chapter 16A, and regulations promulgated thereunder. (d) All such sums shall remain available until expended. (e) The Commissioner of Finance shall disburse monies from the Fund upon authorization and direction of the Commissioner of Public Works, for administrative expenses, personnel expenses and equipment cost, and all reasonable direct and indirect costs required to implement and support the Notification Center established pursuant 12 V.I.C. chapter 16A, and the regulations promulgated thereunder and to supplement the existing public awareness/damage prevention program to educate the general public, excavators, and Operators. (f) The Commissioner of Finance shall maintain a record of all monies deposited into and disbursed from the Fund and shall annually report to the Governor and the Legislature, as well as the Commissioner of Public Works, as to the status of the Fund. History: Added Jan. 1, 2016, No. 7798, § 2, Sess. L. 2015, p. 133.

(a) There is established a separate and distinct fund in the Treasury of the Government of the Virgin Islands to be designated the "Tobacco Settlement Health Care and Capital Improvement Fund", hereinafter referred to as "the Fund". The Commissioner of Finance shall provide for the administration of the Fund as separate and apart from all other funds of the Government of the Virgin Islands. No monies in the Fund shall be available for expenditure or disbursement except as provided in this section. (b) There is appropriated and deposited into the Fund such sums received each year by the Government of the Virgin Islands from its settlement with the tobacco industry for reimbursement for smoking related health care costs pursuant to the Cigarette Master Settlement Agreement and Smokeless Tobacco Settlement; all monies previously deposited into the Union Arbitration Award and Government Employees Increment Fund and the Heath Revolving Fund pursuant to Act 6220, § 2 (March 3, 1998); all revenues derived from interest earned; all monies appropriated from time to time by the Legislature; public and private grants; gifts; donations; and bequests or devises. (c) The Commissioner of Finance, upon the authorization of the Commissioner of Health and the Chief Executive Officers of the Roy Lester Schneider Hospital and the Governor Juan Luis Hospital, shall disburse monies from the Fund as follows: (1) Thirty-six percent (36%), including any interest earned on any bond issue, to the Department of Health to be used for prevention, basic and long-term health care needs, and health related capital improvement projects; of the funds appropriated under this item eighteen percent (18%) shall be appropriated to St. Thomas and eighteen percent (18%) shall be appropriated to St. Croix. (2) Thirty-two percent (32%), including any interest earned on any bond issue, to the Roy Lester Schneider Hospital to be used for basic health care services, including cancer treatment, and health related capital improvement projects; and (3) Thirty-two percent (32%), including any interest earned on any bond issue, to the Juan F. Luis Hospital to be used for basic health care services, including cardiac treatment, and health related capital improvement projects. (d) Any health-related capital improvement projects authorized under subsection (c) of this section shall be administered at the direction of the Public Finance Authority, under the supervision of the Commissioner of Health and the Chief Executive Officers of the Roy Lester Schneider Hospital and the Governor Juan Luis Hospital. The Public Finance Authority, the CEOs of the Roy Lester Schneider Hospital and the Juan Luis Hospital shall, promulgate rules for the operations, coordination and dispute settlement in the disbursement and use of the Tobacco Settlement Health Care and Capital Improvement Fund and submit these rules to the Governor and the Legislature for approval as provided under title 3, chapter 35, Virgin Islands Code. The Public Finance Authority shall maintain a detailed report on the status of health-related capital improvement projects and shall submit to the Governor and the Legislature annually, at the close of each fiscal year, a report on the status of the projects. (e) The Commissioner of Finance shall maintain a detailed accounting record of all monies deposited into and disbursed from the Fund and shall submit to the Governor and the Legislature annually, at the close of each fiscal year, a report on the financial status of the Fund. (f) The District Governing Boards of the Hospitals are authorized to enter into contractual arrangements for the operation, maintenance and staffing of a cancer center at the Roy L. Schneider Hospital on St. Thomas and a cardiovascular center at the Juan F. Luis Hospital on St. Croix. (g) Notwithstanding any other law, any employee of the Government of the Virgin Islands, including employees of the Legislature, the Superior Court, the University of the Virgin Islands, and all independent or semi-autonomous agencies and instrumentalities of the Government of the Virgin Islands, shall be entitled to a maximum of three hours administrative leave annually to receive pre-cancer screening: Provided That, the employee provide medical verification from a licensed physician or other licensed health care provider. History: Added Oct. 6, 2000, No. 6360, § 21, Sess. L. 2000, p. 133; amended Dec. 1, 2001, No. 6480, § 4, Sess. L. 2001, p. 338; amended Nov. 23, 2020, No. 8391, § 3, Sess. L. 2020, p. 234.

(a) There is established a separate and distinct fund within the Treasury of the Virgin Islands designated and known as "The Crime and Gang Prevention Fund". (b) No funds are available for expenditure from this Fund, except as provided by this chapter or other law. (c) The Fund consists of: (1) monies appropriated to it from time to time by the Legislature; (2) all proceeds from forfeitures ordered by a court pursuant to 14 V.I.C., chapter 124; (3) fines imposed by a court, whether by final judgment, settlement, or civil penalties imposed pursuant to the provisions of 14 V.I.C., chapter 124; and (4) all gifts, donations and bequests made to the Fund. (d) All appropriations or monies designated for the Fund must be transmitted to the Treasury of the Government of the Virgin Islands and deposited into the Fund. (e) Monies in the Fund must be used exclusively for funding public and private youth anti-street gang programs and for funding enforcement activities, such as policing and prosecution. (f) The Commissioner of Finance shall administer the Fund and shall disburse monies from the Fund at the direction of the Police Commissioner. (g) Monies available in the Fund are non-lapsing. History: Added May 1, 2018, No. 8033, § 2, Sess. L. 2018, p. 27, 28.

(a) There is established in the Virgin Islands Waste Management Authority, a fund to be known as the Solid Waste Revolving Fund (hereinafter the "Fund"). The Commissioner of Finance shall provide for the administration of the Fund as a separate and distinct fund in the Virgin Islands Waste Management Authority. (b) The Fund shall consist of all sums appropriated thereto by the Legislature of the Virgin Islands, and all funds authorized by law or regulation to be collected by the Virgin Islands Waste Management Authority for solid waste disposal. (c) Monies in the Fund shall be disbursed by the Commissioner of Finance upon authorization by the Virgin Islands Waste Management Authority for the maintenance of solid waste disposal sites. (d) The Commissioner of Finance shall maintain a record of all monies deposited into and disbursed from the Solid Waste Revolving Fund and shall report annually to the Governor and the Legislature on the status of the fund. History: Added Feb. 1, 2001, No. 6381, § 1, Sess. L. 2000, p. 377; amended Jan. 23, 2004, No. 6638, § 7(e), Sess. L. 2003, p. 252.

(a) There is established a separate and distinct fund within the Treasury of the Virgin Islands designated and known as "The School-Based Dental Prevention and Treatment Fund". (b) No funds are available for expenditure from this Fund, except as provided by this chapter or other law. (c) The Fund consists of: (1) monies appropriated to it from time to time by the Legislature; and (2) all gifts, donations and bequests made to the Fund. (d) All appropriations or monies designated for the Fund must be transmitted to the Treasury of the Government of the Virgin Islands and deposited into the Fund. (e) Monies in the Fund must be used exclusively for funding school-based dental screening, prevention and treatment programs authorized under 17 V.I.C. § 111. (f) The Commissioner of Finance shall administer the Fund and shall disburse monies from the Fund at the direction of the Department of Health. (g) Monies available in the Fund are non-lapsing. (h) The Commissioner of Finance shall report annually to the Governor and the Legislature on the status of the Fund, including a record of all receipts and disbursements to and from the Fund. History: Added Dec. 6, 2021, No. 8505, § 4, Sess. L. 2021, p. 194, 195.

(a) (1) The Commissioner of Finance shall establish four (4) separate bank accounts ("Accounts"), distinct and independent of one another and the General Fund, dedicated to receiving, in trust, for the benefit of local law enforcement agencies, Federal Equitable Sharing Program Funds ("Sharing Funds"). (2) Each account shall contain only Sharing Funds and shall not contain any local funds. (3) Sharing Funds for local law enforcement agencies shall only be deposited into an account established pursuant to this section and shall not be deposited into the General Fund or into any other account. (4) The term "local law enforcement agencies," as used in this section, shall include the Virgin Islands Police Department, the Department of Planning and Natural Resources, the Virgin Islands Drug Enforcement Bureau, and the Virgin Islands Department of Justice. (5) The Commissioner of Finance and the head of each designated local law enforcement agency shall be joint signatories on their respective Account. (b) The Commissioner of Finance shall deposit all Sharing Funds into the Account for each law enforcement agency designated by the federal government to receive those Sharing Funds. (c) The Commissioner shall disburse such Sharing Funds only as directed by the local law enforcement agency designated by the federal government to receive such Sharing Funds. In accordance with federal law, Sharing Funds shall be used only for law enforcement purposes. (d) The Commissioner shall instruct the financial institution holding the Accounts to mail the monthly statements to the Commissioner and the head of each respective local law enforcement agency. (e) If a local law enforcement agency not listed under the provisions of this section is designated by the federal government to receive Sharing Funds, the Commissioner shall establish and operate another Account in the manner described in this section. History: Added Feb. 1, 2001, No. 6391, § 2(i), Sess. L. 2000, p. 448; amended Mar. 5, 2005, No. 6730, § 23, Sess. L. 2005, p. 106.

(a) There is established a special fund in the Treasury of the Virgin Islands designated as the "Delinquent Property and Sewer Fees Revolving Fund" consisting of all monies recovered from the sale of real property sold at auction pursuant to chapter 89, subchapter III, section 2541 of this title. (b) The Commissioner of Finance shall make available, out of the funds disbursements to the Office of the Lieutenant Governor, for cost associated with the sale and collection of the proceeds of the sale of the foreclosed properties. (c) The Commissioner of Finance shall maintain and provide for the administration of the Fund, and no funds therein shall be available for expenditure, except as provided in this section. History: Added Aug. 16, 2021, No. 8466, § 2, Sess. L. 2021, p. 60.

Fund (a) There is established a separate and distinct fund in the Treasury of the Government of the Virgin Islands to be designated as the "Virgin Islands Public High Schools Site Based Management Fund" (hereinafter the "Fund"). The Commissioner of Finance shall provide for the administration of the Fund as separate and apart from all other funds of the Government. No money in the Fund shall be available for expenditure except as provided in this section. (b) The Fund shall consist of funds appropriated thereto by the Legislature and all public and private grants, gifts, donations, bequests and devises. (c) The Commissioner of Finance, upon authorization of the Commissioner of Education shall disburse funds for the sole purpose of effectuating site-based management in accordance with the National Middle States Association of Colleges and Schools Standards and as provided under title 17, section 60b of this code. History: Added Dec. 29, 2001, No. 6495, § 1, Sess. L. 2001, p. 400.

(a) There is established in the Treasury of the Virgin Islands a special, non-lapsing fund designated the Territorial Parks System Revolving Fund. (b) The Commissioner of Finance shall maintain and provide for the administration of the Territorial Parks System Revolving Fund as a separate and distinct fund in the Treasury of the Virgin Islands, and no funds therein may be made available for expenditure except as provided in this section. (c) The Territorial Parks System Revolving Fund consists of all funds collected from the granting of concessions, the charging of rents, fees, or other amounts donated, transferred, or appropriated from whatever source to the Division of Territorial Parks and Protected Areas or to the Fund. (d) The Commissioner of Finance shall disburse all monies pertaining to the Territorial Parks System Revolving Fund exclusively for expenditure by the Department of Planning and Natural Resources for administering, preserving, protecting, maintaining, managing, and supervising the Territorial Parks System. History: Added Aug. 8, 2022, No. 8609, § 6, Sess. L. 2022, p. 208.

(a) There is established in the Treasury of the Government of the Virgin Islands a fund to be known as The Teacher Recruitment and Training Fund, hereinafter the "Fund". The Commissioner of Finance shall provide for the administration of the Fund as a separate and distinct fund in the Treasury of Government of the Virgin Islands, and no funds therein shall be available for expenditure except as provided in this section. (b) The following monies shall be deposited into the fund: (1) Monies appropriated by the Legislature from time to time; (2) Monies from federal grants and aid; and (3) All gifts and bequests. (c) The Commissioner of Education shall, identify, seek and obtain federal grants that may be available to carry out the mandates of this section. On or before August 1 of each year, beginning with fiscal year 2002, the Commissioner of Education shall submit to the Governor and to the Legislature, and make available for public distribution, a report setting forth the extent to which the Department of Education is obtaining and utilizing the federal grants. (d) To the extent that sufficient funds are available, such funds shall be expended to implement the provisions of the Teacher Recruitment and Training Act of 2001 no later than September 1, 2001. History: Added Aug. 2, 2001, No. 6418, § 2, Sess. L. 2001, p. 65.

(a) There is established in the Treasury of the Virgin Islands a special, non-lapsing fund designated the Recreational Parks Revolving Fund. (b) The Commissioner of Finance shall maintain and provide for the administration of the Recreational Parks Revolving Fund as a separate and distinct fund in the Treasury of the Virgin Islands, and no funds therein may be made available for expenditure except as provided in this section. (c) The Recreational Parks Revolving Fund consists of all funds received from the granting of concessions, the charging of rents, fees, or other amounts donated, transferred, or appropriated from whatever source to the Department of Sports, Parks and Recreation or to the Fund. (d) The Commissioner of Finance shall disburse all monies pertaining to the Recreational Parks Revolving Fund exclusively for expenditure by the Department of Sports, Parks and Recreation for administering, managing, and supervising neighborhood parks or recreation areas that are primarily designed to provide facilities for team, recreational or individual sports. History: Added Aug. 8, 2022, No. 8609, § 6, Sess. L. 2022, p. 209.

(a) There is hereby established as a separate and distinct fund in the Treasury of the Virgin Islands the Cramers Park Authority Fund "the Fund". The Commissioner of Finance shall provide for the administration of the Fund and no monies contained therein shall be available for expenditure except as provided by this section. (b) The Fund shall consist of all sums received from public and private monetary grants, gifts, donations, bequests or devises, and all sums appropriated thereto, from time to time, by the Legislature of the Virgin Islands. (c) Monies in the Fund shall be disbursed by the Commissioner of Finance, at the direction at the Cramers Park Authority Board of Directors, as established under the provisions of title 3, section 308, of this code exclusively for the construction, improvement and maintenance of facilities at Cramers Park. (d) The Commissioner of Finance shall annually forward to the Governor and Legislature of the Virgin Islands and make available to the public a detailed accounting of the disbursement from the Fund and the unobligated balance thereof. History: Added Aug. 7, 2001, No. 6427, § 29, Sess. L. 2001, p. 149.

(a) There is established a separate and distinct Fund in the Treasury of the Government of the Virgin Islands to be designated as the "Opioid Abatement Trust Fund". The Commissioner of Finance shall maintain the Fund separate and apart from any other Funds of the Government of the Virgin Islands, including the General Fund. No monies in the Fund shall be available for expenditure or disbursement except as provided in this section. The Fund shall be a continuing Fund; amounts credited to the Fund are not be subject to further appropriation and monies remaining in the Fund at the end of a fiscal year shall not be transferred to the General Fund. (b) The Fund shall include all money, payments, proceeds, attorneys' fees and costs or other things of value in the nature of civil damages or other payments received each year by the Government of the Virgin Islands by way of verdict, judgment, compromise, or settlement of any case or controversy relating to the manufacturing, marketing, distribution, promoting, or dispensing of opioids; monies appropriated by or transferred to the Fund by the Legislature of the Virgin Islands; gifts donations, grants, bequests and other monies received by the Territory on the Fund's behalf. The Fund shall include any interest earned on such amounts. (c) Monies in the Fund must be used to supplement and not supplant or replace any other Funds including federal or local Funds, which would otherwise have been expended for substance use disorder prevention, treatment, recovery or harm reduction services or programs. Further, general operating Funds or baseline funding may not be reduced due to monies expended from the Fund. (d) Monies in the Fund must be expended to mitigate the impacts of the opioid epidemic in the Virgin Islands, including, but not limited to, expanding access to opioid use disorder prevention, intervention, treatment, and recovery options. Monies must also be used for training and research purposes. Monies in the Fund may be expended to support reasonable costs associated with the administration of the Fund, which must not exceed five percent of the total annual deposits into the Fund. (e) Any Funds appropriated, expended, or distributed from the Opioid Abatement Trust Fund must be spent in accordance with the terms of any verdict, judgment, compromise, or settlement in or out of court, of any case brought pursuant to the Virgin Islands' Consumer Protection Law and the Virgin Islands' Consumer Fraud and Deceptive Business Practices Act or any other law relating to the manufacturing, marketing, distributing, promoting or dispensing of opioids. (f) Monies in the Fund must be used for prospective purposes and may not be used to reimburse expenditures incurred prior to the effective date of this section. (g) Monies in the Fund must be disbursed to both governmental and not for-profit non-governmental entities. (h) Fund disbursements must be made by the Commissioner of Finance upon the approval of the Opioid Trust Fund Committee. The Commissioner shall adhere to the Committee's decisions regarding disbursement of monies from the Fund so long as the disbursement is a permissible expenditure under this section. The Commissioner of Finance's role to distribute the monies as approved by the Committee shall be ministerial and not discretionary. History: Added Jan. 19, 2023, No. 8694, § 1, Sess. L. 2022, p. 463, 464.

(a) There is established in the Treasury of the Virgin Islands a special revolving fund to be designated the "Disaster Recovery Fund". The Commissioner of Finance shall provide for the administration of the fund as a separate and distinct fund in the Treasury and all monies therein shall be used exclusively as authorized herein. (b) The Commissioner of Finance shall maintain a record of all monies deposited into and expended from the fund and shall annually report to the Governor and the Legislature on the status of the fund. (c) The fund shall consist of all sums appropriated thereto by the Legislature annually, all amounts remaining from each year's appropriation for disaster recovery, and all gifts, grants, bequests or contributions as may be made to the fund. (d) Monies shall be disbursed from the fund by the Commissioner of Finance upon certification by the Director of the Office of Management and Budget specifically to fund costs associated with protecting the Territory before, during and after a disaster and/or other natural emergency and for recovery and mitigation efforts related thereto. (e) The Commissioner of Finance at his discretion may deposit a portion of monies contained in the fund in interest bearing accounts from time to time within the limitations of law. All interest earned thereon shall also be deposited into the fund. History: Added Oct. 9, 2001, No. 6452, § 1, Sess. L. 2001, p. 227.

History: Repealed. July 9, 2025, No. 9005, § 1, Sess. L. 2025, p. -.

(a) The purpose of this section is to establish a special fund and provide for the maintenance of a special bank account exclusively for funding repairs and renovations to the wastewater system throughout the Virgin Islands pursuant to the Amended Consent Decree and the Decision and Order of the District Court of the Virgin Islands dated December 19, 2001, in the case of United States of America v. Government of the Virgin Islands, Civil No. 1984-104 (D.V.I. 1984). The establishment of the special fund and the associated special bank account and the funding of the projects identified under this section are intended to bring the Government of the Virgin Islands into compliance with the Amended Consent Decree, thus overhauling the wastewater system throughout the Virgin Islands and protecting the environment from sewage pollution. (b) There is established in the Treasury of the Virgin Islands a fund designated the "Special Projects/Wastewater System Repairs Fund". The Commissioner of Finance shall administer the Fund as a separate and distinct fund in the Treasury of the Virgin Islands, and no amounts in the Fund shall be available for expenditure or disbursement except as provided in this section. (c) The Fund shall consist of sums received as annual and supplemental appropriations by the Legislature of the Virgin Islands and all sums received from grants and other financial assistance from the federal government and other public or private grants and gifts. (d) Monies in the Fund shall be used for the wastewater projects and the repairs to the wastewater system listed in Exhibit A of the Consent Decree, or other projects as may be ordered by the Court under Civil Action No. 1984-104. (e) The Commissioner of Finance shall deposit the monies contained in the Fund in a separate, interest- bearing account pursuit to chapter 117 of this title. (1) The Commissioner of Finance and the Commissioner of Public Works have the joint authority to make direct disbursements from the account and to sign all checks written on the account, without the need to obtain approval from any other agency or official of the Government of the Virgin Islands. (2) The Commissioner of Finance and the Commissioner of Public Works shall be responsible for ensuring that monies in the account are used exclusively for the projects listed in Exhibit A of the Consent Decree. (3) Until all of the projects have been completed, the Commissioner of Finance shall submit to the Governor and to the Legislature quarterly reports on any deposits made into and any expenditure made from the account during the preceding quarter, and the balance of the account at the end of the quarter. For each expenditure, the Commissioner of Finance shall identify the particular project or repair involved and explain the nature of the expenditure. (f) In addition to the quarterly reports on the account established in subsection (e) of this section, the Commissioner of Finance shall maintain a detailed accounting record of all monies deposited into and disbursed from the Fund and shall submit a report on the financial status of the Fund to the Governor and the Legislature annually, at the close of each fiscal year. History: Added Aug. 2, 2002, No. 6534, § 3, Sess. L. 2002, p. 433.

(a) There is established in the Treasury of the Government of the Virgin Islands the Economic Stabilization Trust Fund ("The Fund"). The Fund is perpetual and held in trust for the Government of the Virgin Islands and the public purposes enumerated in subsection (e) of this section. (b) The Fund consists of proceeds of tax anticipation notes, property taxes pledged under a tax anticipation note, and appropriations made by the legislature from time to time. (c) Notwithstanding any other law, the Commissioner of Finance shall deposit into the Fund not less than five million dollars or more than eight million dollars from any of the proceeds of tax anticipation note. (d) At the end of any fiscal year, all unexpended and unencumbered moneys in the Fund shall remain in the Fund and may not be credited or transferred to the General Fund or any other fund, except for any purpose enumerated in subsection (e). (e) All moneys in the Fund shall be subject to appropriation by the Legislature of the Virgin Islands for: (1) adjustments to budget shortfalls; (2) emergency appropriations; (3) public health and safety; (4) infrastructure enhancement and maintenance; (5) payment of principal and interest on tax anticipation notes; and (6) such other public purposes as authorized by the law. (f) The Governor shall submit with the executive budget request each fiscal year a list and description of programs the Governor recommends to be funded from the Fund. (g) The Commissioner of Finance shall report quarterly to the Legislature on the status of the Economic Stabilization Trust Fund. History: Added Dec. 23, 2003, No. 6635, § 22, Sess. L. 2003, p. 191.

(a) There is established in the Treasury of the Virgin Islands a separate and distinct fund to be designated the Financial Services Fund. The Commissioner of Finance shall provide for the administration of the Fund, and no monies contained therein are available for expenditure except as provided in this section. (b) The Fund shall consist of all monies collected by the Division of Banking, Insurance and Financial Regulation of the Office of the Lieutenant Governor, pursuant to title 9 Virgin Islands Code, and title 27 Virgin Islands Code, and such sums as may be appropriated from time to time, by the Legislature, all of which shall remain available until expended. (c) Monies shall be disbursed from the Fund by the Commissioner of Finance, upon authorization and direction of the Lieutenant Governor, for the purpose of providing staffing and services, purchasing, and maintenance of equipment and for such other utilization as may be determined by the Banking Board of the United States Virgin Islands. (d) The Commissioner of Finance shall maintain a record of all monies deposited into and disbursed from the Fund and shall annually report to the Governor and the Legislature, as well as to the Lieutenant Governor and the Banking Board, on the status of the Fund. History: Added Mar. 5, 2005, No. 6727, § 15, Sess. L. 2005, pp. 58, 59; amended Jan. 20, 2017, No. 7962, § 8(4), Sess. L. 2016, p. 311.

(a) There is established in the Treasury of the Virgin Islands a separate and distinct rainy day fund to be designated the Budget Stabilization Fund. The Commissioner of Finance shall provide for the administration of the Fund, and no monies contained therein are available for expenditure except as provided in this section. (b) The Fund consists of: (1) an annual appropriation of not less than $5,000,000; and (2) 10% of any fiscal-year end surplus within the Treasury of the Virgin Islands. (c) The Commissioner of Finance shall deposit the monies contained in the Fund in a separate, interest- bearing account pursuant to 33 V.I.C. § 3336. All interest gained on the monies deposited in the Fund must be expended solely for the same purposes as the principal monies deposited into the Fund. (d) The Commissioner of Finance shall transfer funds from the Budget Stabilization Fund to the General Fund for the following purposes: (1) to offset any deficit in the General Fund at the end of a fiscal year which occurs when the sum in the General Fund is less than the sums appropriated during a fiscal year; (2) to offset a temporary shortfall in the General Fund caused by lagging revenue collections so as to avoid delay in the disbursement of funds appropriated by the Legislature; (3) to provide emergency funding for disaster recovery in a state of emergency declared by the Governor; and (e) The Commissioner of Finance shall disburse monies in the Fund upon the authorization and direction of the Director of the Office of Management and Budget. Any sums disbursed to offset a temporary shortfall must be repaid to Fund by the end of the fiscal year. The Commissioner of Finance and the Director of the Office of Management and Budget shall submit a report of any allocations, expenditures and obligations to the Governor and the Legislature within 60 days after disbursement. History: Added Sept. 29, 2006, No. 6868, § 20, Sess. L. 2006, pp. 231, 232; amended Oct. 10, 2007, No. 6957, §§ 1, 2, Sess. L. 2007, pp. 113, 114.

(a) There is established in the Treasury of the Virgin Islands a special fund designated the "Senior Citizens' Center Revolving Fund". The Commissioner of Finance shall maintain and provide for the administration of the special fund as a separate and distinct fund in the Treasury. No monies in the fund are available for expenditure, except as provided in this section. (b) The Senior Citizens' Center Revolving Fund is constituted of: (1) Any civil penalty imposed under 12A V.I.C. § 328(d), of the Consumer Fraud and Deceptive Business Practices Act; and (2) All sums appropriated to the Fund from time to time by Legislature. (3) Annual deposits of the first $500,000 received from the Lonesome Dove Petroleum Co., Special Revolving Fund. (c) The Commissioner of Finance shall disburse all moneys deposited into the Senior Citizens' Center Revolving Fund exclusively for the expenditure by the Department of Human Services for grants to senior centers throughout the territory. (d) The Commissioner of Finance shall submit quarterly reports to the Governor and the Legislature, listing all receipts and expenditures pertaining to the Senior Citizens' Center Revolving Fund. History: Added May 17, 2006, No. 6833, § 3, Sess. L. 2006, p. 44; amended Apr. 22, 2016, No. 7864, § 5(a)-(c), Sess. L. 2016, p. 41.

(a) There is established in the Treasury of the Virgin Islands a special revolving fund designated the "Office of the Recorder of Deeds Fund". (b) The Commissioner of Finance shall provide for the administration of the Fund, as a separate and distinct fund, and no monies shall be available for expenditure except as provided by this section. (c) The Fund consists of: (1) All sums appropriated from time to time by the Legislature; (2) All fees collected by the Recorder of Deeds; and (d) The monies in the Fund shall remain available until expended; except that, whenever the balance of the Office of the Recorder of Deeds Fund equals or exceeds $200,000, the Commissioner of Finance shall deposit any amounts over $200,000 into the General Fund. (e) The Commissioner of Finance shall disburse all monies pertaining to the Fund, upon the authorization of the Lieutenant Governor, exclusively for disaster recovery, data warehousing, providing public access via the internet, the purchase and maintenance of software, hardware, and licensing agreements, the hiring and training of personnel and for the procurement of such other supplies, equipment, and professional services as the Lieutenant Governor determines to be necessary for maintaining and improving the Recorder of Deeds Office. (f) The Commissioner of the Department of Finance shall maintain a record of all monies deposited into and disbursed from the Office of the Recorder of Deeds Fund and shall submit an annual report on the financial status of the Fund to the Governor and the Legislature. History: Added July 19, 2006, No. 6856, § 17, Sess. L. 2006, pp. 144, 145; amended Apr. 1, 2008, No. 6973, § 14, Sess. L. 2007, p. 188.

(a) There is established in the Treasury of the Virgin Islands a special fund designated the "Office of Highway Transportation Revolving Fund". The Commissioner of Finance shall administer the Fund as a separate and distinct fund. The Fund consists of all monies covered into the Fund from reimbursements made by the Federal Highway Administration to the Virgin Islands pursuant to the Stewardship Agreement between the parties and any other appropriations made to the Fund. (b) Money in the Fund must be disbursed at the request of the Commissioner of the Department of Public Works, and must be used for the operation of the Office of Highway Engineering of the Department of Public Works. History: Added Dec. 22, 2007, No. 6983, § 1, Sess. L. 2007, p. 225.

(a) There is established in the treasury of the Government of the Virgin Islands a special revolving fund to be designated the "Emergency Response and Management Fund." The Commissioner of Finance shall provide for the administration of the fund as a separate and distinct fund in the Treasury of the Government of the Virgin Islands and funds shall be available for expenditure or disbursement therefrom as provided in this section. (b) "The Fund" shall consist of all sums appropriated thereto by the Legislature, designated bond proceeds, and any donations thereto from private sources. (c) Monies contained in the fund shall remain available to VITEMA until expended and shall be used for, but not limited to, the following purposes: (1) immediate emergency management and response costs; (2) costs of activation of the emergency operations centers; (3) costs of prepositioning supplies or personnel in the advent of an apparent emergency situation; and (4) costs of emergency replacement or repair of critical equipment. For the uses enumerated above, monies shall be disbursed from the fund by the Commissioner of Finance, upon the authorization of the Director of VITEMA. (d) The Director of VITEMA shall submit annual reports of the expenditures from the fund to the Governor and the Legislature within 30 days after the close of each fiscal year. History: Added July 2, 2009, No. 7074, § 2, Sess. L. 2009, pp. 87, 88.

(a) There is established within the Treasury of the Virgin Islands a separate and distinct fund to be designated and known as the "The Motorcycle Safety Education Program Fund" (hereinafter, in this section referred to as the "Fund"). The Commissioner of Finance shall maintain and provide for the administration of the Fund as a separate and distinct fund in the Treasury, and no monies shall be made available for expenditure from the Fund, except as provided by law. All monies in the Fund shall remain available until expended. (b) The Fund shall consist of the following revenue that shall be credited to the Fund: (1) The annual registration fee for each registered motorcycle as provided in 20 V.I.C., § 433(a); (2) The application fee for a motorcycle learners permit as provided in 20 V.I.C., § 433(a); (3) The fee for each original or renewal motorcycle driver's license or endorsement as provided in 20 V.I.C., § 433(a); and (4) Any appropriations made to the fund by the Legislature from time to time. (c) Monies shall be disbursed from the Fund by the Commissioner of Finance, upon warrant of the Certifying Officer of the Bureau of Motor Vehicles, for the administration and implementation of the Motorcycle Safety Education Program. (d) At the end of each fiscal year, monies remaining in the Fund are retained in the Fund and do not revert to the General Fund. The interest and income earned on money in the Fund, after deducting any applicable charges, must be credited to the Fund. History: Added July 3, 2009, No. 7077, § 3, Sess. L. 2009, p. 122.

(a) The E-Rate Reimbursement Trust Fund is established in the Treasury of the Virgin Islands as a non- lapsing fund, separate and apart from all other funds of the Government of the Virgin Islands, held by the Commissioner of Finance, as trustee in trust for the Department of Education. The Commissioner of Finance shall administer the Fund, and no monies in the Fund are available for expenditure except as provided in this section. (b) The Fund consists of all monies deposited into it from reimbursements from Innovative Telephone for prepaid telephone services under the E-Rate Program, public or private monetary grants, gifts, donations, bequests, devises, and all sums appropriated from time to time, by the Legislature of the Virgin Islands. (c) The Commissioner of Finance upon authorization of the Commissioner of Education shall disburse monies exclusively for technology purchases in connection with the E-Rate Program, including the purchase of supplies, equipment and services in furtherance of the Department of Education's goals to provide discounted telecommunications services to all schools and implementation of the federally approved Territory Technology Plans. History: Added Apr. 7, 2010, No. 7161, § 8, Sess. L. 2010, p. 49.

(a) (1) There is created within the Treasury of the Virgin Islands a separate and distinct fund known as the Virgin Islands Historical Commemorative Fund, for the purpose of funding events commemorating significant cultural and historic events in the Virgin Islands. (2) The Fund is administered by the Commissioner of the Department of Finance, and no amounts therein are available for expenditure except as provided in this section and when authorized by the Commissioner of the Department of Tourism. The Commissioner of the Department of Tourism shall establish policies for the expenditures of monies contained in the Fund. (b) The Fund consists of all monies appropriated from time to time by the Legislature, all public or private grants, gifts, donations, bequests or devises to the Centennial Commission of the Virgin Islands or any appropriation transfers to the fund. History: Added Apr. 7, 2010, No. 7157, § 2, Sess. L. 2010, p. 20; amended Nov. 24, 2010, No. 7241, § 42(1), Sess. L. 2010, p. 295; amended Sept. 29, 2022, No. 8647, § 5(a), (b), Sess. L. 2022, p. 261.

(a) There is created in the Treasury of the Virgin Islands a separate and distinct fund designated as the Public School Construction and Renovation Fund ("the Fund"). The Commissioner of Finance shall provide for the administration of the Fund, and no monies contained therein are available for expenditure except as provided for in this section. (b) The Fund consists of all sums appropriated to it from time to time by the Legislature, and all gifts, contributions and bequests of all monies made thereto, all of which remain available until expended for the completion of the project for which the appropriation, gift, contribution or bequest was intended, whichever event occurs first. (c) The Commissioner of Finance shall deposit the monies contained in the Fund in interest earning accounts pursuant to chapter 117 of this title. The interest earned on the monies on deposit in the Fund must also be deposited in the Fund. The Commissioner of Finance shall maintain, within the Fund, separate accounts for monies deposited into and disbursed from the Fund for each independent project or purpose. (d) The Commissioner of Finance shall disburse monies from the Fund upon authorization of the Commissioner of Education specifically for constructing, renovating, refurbishing or equipping of public school facilities and any related expenses. (e) The Commissioner of Finance shall maintain a detailed accounting record of all monies deposited into and disbursed from the Fund and shall submit quarterly reports to the Governor and the Legislature on the status of said Fund. History: Added Aug. 20, 2010, No. 7178, § 2, Sess. L. 2010, p. 101.

Fund (a) There is established in the Treasury of the Virgin Islands a fund known as the Bureau of Narcotics and Dangerous Drugs Control Revolving Fund. The Commissioner of Finance shall provide for the administration of the Fund as a separate and distinct fund in the Treasury of the Virgin Islands, and no amounts therein are available for expenditure or disbursement except as provided in this section. (b) The fund consists of all sums collected and received as fines and registration fees by the Bureau of Narcotics and Dangerous Drugs Control; public or private monetary grants, gifts, donations, bequests or devises; and all sums appropriated thereto, from time to time, by the Legislature of the Virgin Islands. (c) The Commissioner of Finance shall deposit the monies contained in the fund in interest earning accounts pursuant to chapter 117 of this title. The interest earned on the monies on deposit in the fund must also be deposited into the fund. (d) The Commissioner of Finance shall disburse monies from the fund upon authorization of the Director of the Bureau of Narcotics and Dangerous Drugs Control to meet needs, goals and objectives of the Bureau. (e) The Commissioner of Finance shall maintain a detailed accounting record of all monies deposited into and disbursed from the fund and shall submit to the Governor and the Legislature annually at the close of the fiscal year, a report on the financial status of the fund. History: Added Sept. 20, 2010, No. 7194, § 4, Sess. L. 2010, p. 170.

(a) There is established in the Treasury of the Virgin Islands a special fund designated the "Wireless Revolving Fund" (the "Fund"). (b) The Commissioner of Finance shall administer the Fund as a separate and distinct fund, and no monies from the Fund are available for expenditure, except as provided in this section. (c) The Fund consists of all: (1) Sums appropriated from time to time by the Legislature; (2) Public and private grants, gifts, donations, bequests of money made to it; and (3) Application and permit fees, penalties, and other appropriate fees and charges related to regulation of Wireless Facilities and Wireless Support Structures pursuant to Title 29 Virgin Islands Code, Section 294a, and associated regulations. (d) Monies in the Fund do not lapse at the end of the fiscal year, and are disbursed from the Fund by the Commissioner of Finance, upon authorization and direction of the Commissioner of Planning and Natural Resources, for administrative expenses, personnel expenses and equipment cost, and all reasonable, direct, and indirect, costs required to implement and support the permit program requirements implemented by the Commissioner pursuant to Title 29 Virgin Islands Code, section 294a, and the associated regulations. (e) The Commissioner of Finance shall maintain a record of all monies deposited into and disbursed from the Fund and shall annually report to the Governor and the Legislature, as well as the Commissioner of Planning and Natural Resources, as to the status of the Fund. History: Added Oct. 7, 2011, No. 7299, § 6, Sess. L. 2011, p. 179.

(a) There is established in the Treasury of the Virgin Islands a separate and distinct fund known as the Single Payer Utility Fund for the purpose of paying to the Virgin Islands Water and Power Authority, the electric and water utility bills of departments, agencies and instrumentalities of the Government of the Virgin Islands that are supported by the General Fund. The Commissioner of Finance shall administer the Fund, and no monies contained therein are to be made available for expenditure and disbursement for any other purposes except as provided in this section. (b) (1) The Fund shall consist of appropriated monies that have previously been released and deposited in the operating accounts of departments, agencies and instrumentalities of the Government of the Virgin Islands for the purpose of paying their respective electric and water utility bills. The Fund shall also consist of any funds appropriated by the Legislature and allotted by the Office of Management and Budget for such purpose. (2) The Office of Management and Budget shall release to the Department of Finance for deposit into the Fund as established in subsection (a) of this section, the allotted funds budgeted for payment of utilities for each department, agency and instrumentality of the Government of the Virgin Islands whose utility services are paid for by the General Fund. (c) The Commissioner of Finance, upon receipt of bills from departments, agencies and instrumentalities, must pay, from the Fund the respective electric and water utility bills that are due and owing as well as electric and water utility bills which subsequently become due upon verification and in accordance with subsections (d), (e) and (f) herein. (d) As electric and water utility bills become due, departments, agencies and instrumentalities of the Government of the Virgin Islands shall immediately verify and approve the bills, to include the reconciliation of meter numbers with the respective billing statements, and thereafter forward copies of the approved billing statement along with a statement evidencing the reconciliation to the Department of Finance for payment. (e) In the event of a billing dispute, the undisputed portion of the bill shall be paid when due. The department, agency or instrumentality along with the Virgin Islands Water and Power Authority shall take prompt action to resolve the disputed portion of the bill(s). (f) Monies deposited into the Fund are to remain available until expended and may be used to pay for utility services, regardless of what fiscal year the services were incurred. In the event the allotted funds are not sufficient to cover utility services in any budget year, departments, agencies and instrumentalities will seek to reprogram funds or supplemental budget authority to keep current with their utility services. (g) The Commissioner of Finance shall prepare a monthly statement of all obligations and disbursements from the Fund for payment of electric power bills and submit the statement to the Legislature within thirty days after the close of each month. (h) The Commissioner shall cause all utility bills to government departments and instrumentalities to be programmed into the Enterprise Resource Planning Program System (ERP). History: Added Oct. 23, 2013, No. 7562, § 1, Sess. L. 2013, p. 197-199.

There is hereby created and established in the Treasury of the Virgin Islands a special fund to be known as the Emile Griffith Memorial Fund. The Commissioner of Finance shall maintain and provide for the administration of the Fund as a separate and distinct fund in the treasury and no monies shall be available for expenditure except upon authorization the Department of Planning and Natural Resources in conjunction with the Virgin Islands Council on the Arts. The Fund shall consist of donations of any kind and appropriations made by the Legislature. Monies from the fund shall be used exclusively for the maintenance of the Emile Griffith Ball Park and such projects that the Virgin Islands Council on the Arts considers pertinent to the recognition and remembrance of the legacy of Emile Griffith. History: Added July 11, 2014, No. 7624, § 4, Sess. L. 2014, p. 149.

No officer or employee of the Virgin Islands shall make or authorize an expenditure from, or create or authorize an obligation under, any appropriation or fund in excess of the amount available therein; nor shall any such officer or employee involve the government in any contract or obligation for the payment of money for any purpose, in advance of appropriations made for such purpose, unless such contract or obligation is authorized by law.

History: Repealed. Jan. 8, 1959, No. 388, § 1, Sess. L. 1958, p. 191.

General rules (a) Except as otherwise provided in sections 3103 - 3109 of this title, all appropriations or funds available for obligation for a definite period of time shall be so apportioned as to prevent obligation or expenditure thereof in a manner which would indicate a necessity for deficiency or supplemental appropriations for such period; and all appropriations or funds not limited to a definite period of time, and all authorizations to create obligations by contract in advance of appropriations, shall be so apportioned as to achieve the most effective and economical use thereof. As used in sections 3103 - 3109 of this title, the term "appropriation" means appropriations, funds and authorizations to create obligations by contract in advance of appropriations. Reserves (b) In apportioning any appropriations, reserves may be established to provide for contingencies, or to effect savings whenever savings are made possible by or through changes in requirements, greater efficiency of operations, or other developments subsequent to the date on which such appropriation was made available. Whenever it is determined by an officer designated in section 3104 of this title to make apportionments and reapportionments that any amount so reserved will not be required to carry out the purposes of the appropriation concerned, he shall recommend the rescission of such amount in the usual manner for submitting requests with respect to appropriations. Distribution (c) Any appropriation subject to apportionment shall be distributed by months, calendar quarters, operating seasons, or other time periods, or by activities, functions, projects, or objects, or by a combination thereof, as may be deemed appropriate by the officer designated in section 3104 of this title to make apportionments and reapportionments. Except as otherwise specified by the officer making the apportionment, amounts so apportioned shall remain available for obligation, in accordance with the terms of the appropriation, on a cumulative basis unless reapportioned. Review (d) Apportionments shall be reviewed at least four times each year by the officer designated in section 3104 of this title to make apportionments and reapportionments, and such reapportionments made or such reserves established, modified, or released as may be necessary to further the effective use of the appropriation concerned, in accordance with the purposes stated in subsection (a) of this section.

(a) The officer of the Legislature and the officer of the judiciary having administrative control of appropriations to his respective branch shall have exclusive authority for apportionment of appropriations to his respective branch. An apportionment or reapportionment must be in writing. Each such appropriation shall be apportioned not later than 30 days before the beginning of the fiscal year for which the appropriation is available, or not more than 30 days after the approval of the Act by which the appropriation is made available, whichever is later. (b) Any appropriation available to an agency, which is required to be apportioned under section 3103 of this title, shall be apportioned or reapportioned in writing by the Director of the Office of Management and Budget. The head of each agency to which any such appropriation is available shall submit to the Director of the Budget information in such form and manner and at such time or times as the Director may prescribe as may be required for the apportionment of such appropriation. Such information shall be submitted not later than 40 days before the beginning of any fiscal year for which the appropriation is available, or not more than 15 days after the approval of the Act by which such appropriation is made available, whichever is later. The Director of the Budget shall apportion each such appropriation and shall notify the agency concerned of his action not later than 20 days before the beginning of the fiscal year for which the appropriation is available, or not more than 30 days after the approval of the Act by which such appropriation is made available, whichever is later. When used in sections 3103 - 3109 of this title, the term "agency" means any executive department, agency, commission, authority, administration, board, or other independent establishment in the executive branch of the government including any corporation wholly or partly owned by the Virgin Islands which is an instrumentality of the Virgin Islands. History: Amended Apr. 20, 1960, No. 529, § 2, Sess. L. 1960, p. 36; July 13, 2004, No. 6675, § 40(a), Sess. L. 2004, p. 50.

Estimates (a) No apportionment or reapportionment which, in the judgment of the officer making such apportionment or reapportionment, would indicate a necessity for a deficiency or supplemental estimate shall be made except upon a determination by such officer that such action is required because of- (1) any laws enacted subsequent to the transmission to the Legislature of the estimates for an appropriation which require expenditures beyond administrative control; or (2) emergencies involving the safety of human life, the protection of property, or the immediate welfare of individuals in cases where an appropriation has been made to enable the Virgin Islands to make payment of, or contribution toward, sums which are required to be paid to individuals either in specific amounts fixed by law or in accordance with formulae prescribed by law. (b) In each case of an apportionment or a reapportionment which, in the judgment of the officer making such apportionment or reapportionment, would indicate a necessity for a deficiency or supplemental estimate, such officer shall immediately submit a detailed report of the facts of the case to the Legislature. In transmitting any deficiency or supplemental estimate required on account of any such apportionment or reapportionment, reference shall be made to such report.

(a) The officer designated in section 3104 of this title to make apportionments and reapportionments may exempt from apportionments trust funds and working funds, expenditures from which have no significant effect on the financial operations of the government, working capital and revolving funds established for intragovernmental operations, receipts from industrial and power operations available under law and any appropriations made specifically for- (1) payment of claims, judgments and refunds; (2) payments under private relief Acts or other laws requiring payments to designated payees in the total amount of such appropriation; and (3) any item determined by the Governor to be of a confidential nature. (b) (1) Section 3103 of this chapter does not apply to the legislative branch or the judicial branch of the Government, and in no event may the Director of the Office of Management and Budget or any other officer or employee of the executive branch apportion any funds appropriated to the legislative branch or to the judicial branch; Provided, however, that any fiscal year appropriation to the Legislative branch, which is for a fiscal year period that corresponds to the last quarter ending one legislative term and the beginning of another legislative term, shall be apportioned so that no more than twenty- five percent (25%) of the fiscal year appropriation shall be obligated during the last fourteen (14) weeks of the legislative term. (2) As used in paragraph (1) the terms "legislative branch" and "judicial branch", include any office, officer, board, council, commission, committee or other agency established in or administered by the legislative branch or judicial branch of the Government. History: Amended July 21, 1994, No. 5998, § 1, Sess. L. 1994, p. 125; July 13, 2004, No. 6675, § 40(b), Sess. L. 2004, p. 50.

Any appropriation which is apportioned or reapportioned pursuant to sections 3103 - 3109 of this title may be divided and subdivided administratively within the limits of such apportionments or reapportionments. The officer having administrative control of any such appropriation available to the legislative branch or the judiciary, and subject to the approval of the Director of the Office of Management and Budget, the head of each agency shall prescribe, by regulation, a system of administrative control (not inconsistent with any accounting procedures prescribed by or pursuant to law) which shall be designed to- (1) restrict obligations or expenditure against each appropriation to the amount of apportionments or reapportionments made for each such appropriation; and (2) enable such officer or agency head to fix responsibility for the creation of any obligation or the making of any expenditure in excess of an apportionment or reapportionment. History: Amended Apr. 20, 1960, No. 529, § 2, Sess. L. 1960, p. 36; July 13, 2004, No. 6675, § 40(c), Sess. L. 2004, p. 50.

No officer or employee of the Virgin Islands shall authorize or create any obligation or make any expenditure- (1) in excess of an apportionment or reapportionment; or (2) in excess of the amount permitted by regulations prescribed pursuant to section 3107 of this title.

(a) In addition to any penalty or liability under any other law, any officer or employee of the Government of the United States Virgin Islands who violates either section 3101, 3106(b), or 3108 of this title shall be subjected to appropriate administrative discipline, including, when circumstances warrant, suspension from duty without pay or removal from office; and any officer or employee of the Government of the United States Virgin Islands who knowingly and willfully violates either section shall be fined not more than $10,000 or imprisoned not more than five (5) years, or both. (b) In case of a violation of either section 3101, 3106(b) or 3108 of this title by an officer or an employee of any governmental agency, the head of the agency concerned, or his assistant if the agency head is involved, shall immediately report to the Governor, through the Director of the Office of Management and Budget, and to the Legislature all pertinent facts together with a statement of the action taken thereon. History: Amended Apr. 20, 1960, No. 529, § 2, Sess. L. 1960, p. 36; July 1, 1965, No. 1465, Sess. L. 1965, Pt. I, p. 348; June 20, 1975, No. 3703, § 3, Sess. L. 1975, p. 40; July 21, 1994, No. 5998, § 2, Sess. L. 1994, p. 125.

Bureaus In addition to the apportionment required by sections 3103 - 3109 of this title, the head of each executive department shall, on or before the beginning of each fiscal year, apportion to each office or bureau of his department the maximum amount to be expended therefor during the fiscal year out of the contingent fund or funds appropriated for the entire year for the department, and the amounts so apportioned shall not be increased except upon the written direction of the head of the department, in which there shall be fully expressed his reasons therefor.

Except as otherwise provided by law, all balances of appropriations contained in the annual appropriation bills and made specifically for the service of any fiscal year shall only be applied to the payment of expenses properly incurred during that year, or to the fulfillment of contracts properly made within that year. As used in this section, the phrase "expenses properly incurred" shall not include general encumbrance documents executed without obligation to specific vendors or for services by a specific person. History: Amended Oct. 11, 1979, No. 4367, § 2, Sess. L. 1979, p. 210; July 9, 1980, No. 4448, Sess. L. 1980, p. 104.

Except as otherwise provided by law, sums appropriated for the various branches of expenditure in the public service shall be applied solely to the objects for which they are made, and for no others.

Notwithstanding any of the provisions of law to the contrary, telephone services furnished to the Government of the United States Virgin Islands, or any department, agency or instrumentality thereof, to be paid from appropriations available therefor, may be paid in advance. The Commissioner of Finance is authorized to prescribe such rules and regulations concerning advances made pursuant to this section as are necessary or appropriate for the protection of the interests of the Government of the United States Virgin Islands. History: Added Feb. 17, 1966, No. 1572, Sess. L. 1966, p. 22.

No portion of any savings realized by any department or agency in the Government of the United States Virgin Islands by reason of economies effected in the use of personnel, or through inability to fill authorized positions in the classified or unclassified service, shall be used to create any new position or positions without the consent of the Governor and approval of the Legislature, or by the Finance Committee of the Legislature, if the Legislature is not in session; Provided, That this section shall not apply to temporary appointments not to exceed three (3) months in tenure which, in the discretion of the Governor, are necessary to provide essential services, and provided further that the Legislature shall be kept currently informed of all such temporary appointments. History: Mar. 9, 1964, No. 1103, Sess. L. 1964, p. 46; June 30, 1964, No. 1231, Sess. L. 1964, p. 350.

Nothing in this chapter may be construed to authorize the Director of the Office of Management and Budget or any other officer or employee of the executive branch to withhold, reduce or otherwise alter the operating budgets of or any appropriation made to the Legislature or to the courts. History: Added July 13, 2004, No. 6675, § 40(d), Sess. L. 2004, p. 50.

Disbursements of public monies or funds of the Virgin Islands shall not be made except by the persons designated for that purpose by law.

The Commissioner of Finance shall, with the approval of the Governor, designate such employees of the Department of Finance as he shall deem necessary, to act as disbursing officers.

Disbursing officers designated by section 3201 of this title shall- (1) disburse monies only upon, and in strict accordance with vouchers duly certified by the head of the department, establishment or agency concerned, or by an officer or employee thereof duly authorized in writing by such head and approved by the Governor; (2) make such examination of vouchers as may be necessary to ascertain whether they are in proper form, duly certified and approved, and correctly computed on the basis of the facts certified; and (3) be held accountable accordingly.

(a) The officer or employee certifying a voucher shall: (1) be held responsible for the existence and correctness of the facts recited on the certificate or otherwise stated on the voucher or its supporting papers and for the legality of the proposed payments under the appropriation or fund involved; and (2) be required to give bond in favor of the Government of the Virgin Islands pursuant to the provisions of chapter 31 of Title 3. (b) An officer or employee who certifies a voucher knowing that such certification may result in an illegal, improper, or incorrect payment shall: (1) for the first offense, be fined an amount equal to the amount of the illegal, improper, or incorrect payment and shall be suspended without pay for thirty (30) days; and (2) for a second or subsequent offense, be fined an amount of the illegal, improper, or incorrect payment and shall be imprisoned for at least thirty (30) days but not more than one (1) year. (c) An officer or employee convicted under subsection (b)(2) of this section shall be immediately discharged from his employment with the Government of the United States Virgin Islands. (d) An officer or employee shall not be in violation of this section if: (1) the certification was based on official records and he did not know, and by reasonable diligence and inquiry could not have ascertained the actual facts; or (2) the certification was based upon and consistent with acts of the Legislature, executive orders of the Governor, or in accordance with a written opinion of the Attorney General. History: Amended June 26, 1970, No. 2777, § 1, Sess. L. 1970, p. 218; May 14, 1985, No. 5060, § 104(a), Sess. L. 1985, p. 22.

Certifying officers and employees shall have the right to obtain a decision by the Attorney General of the Virgin Islands on any question of law involved in the payment of vouchers. History: Amended June 26, 1970, No. 2777, § 2, Sess. L. 1970, p. 218; May 14, 1985, No. 5060, § 104(b), Sess. L. 1985, p. 23.

Correctness of Computations The responsibility and accountability of certifying officers under sections 3203 - 3205 of this title shall be deemed to include the correctness of the computations of certified vouchers and disbursing officers shall not be held liable under section 3203 of this title for the correctness of such computations.

All personnel service items appearing on any and all appropriation acts for the same fiscal year may be merged into one payroll account under the control of the Department of Finance.

(a) At the end of each fiscal year (or as soon thereafter as possible) the Commissioner of Finance shall cause to be prepared a complete and exact list of all checks issued to public creditors by him or by any disbursing officer of the Government of the Virgin Islands (hereinafter in this subchapter referred to as "unpaid Government checks"), which checks have remained outstanding and unpaid for more than one year. (b) Upon verification of said list by the Commissioner, the amount of all such checks shall be paid into the Treasury of the Virgin Islands by the proper disbursing officers or agents of such fund, to the credit of the General Fund. Upon such payment into the Treasury the Commissioner shall transmit to each depository of governmental funds of the Virgin Islands a copy of the list together with instructions not to pay any check appearing thereon. The Commissioner shall at the same time cause the list to be published once a week for three weeks in newspapers of general circulation in the Virgin Islands. Such publication shall further give notice that (1) all claims represented by unpaid Government checks which are more than one year old and not more than four years old shall be payable only through the issuance of replacement checks, and (2) all claims represented by unpaid Government checks which are more than four years old shall be considered paid and the appropriate moneys automatically escheated to the Government of the United States Virgin Islands. (c) The payee or bona fide holder of any check issued by the Commissioner or a disbursing officer, which is more than one year old and not more than four years old shall, on presenting the same to the Commissioner accompanied with competent and proper proof of ownership, be entitled to have it paid by the issuance of a replacement check, which shall be paid chargeable to any available funds in the Treasury not otherwise appropriated, for which purpose the necessary funds are hereby appropriated without need of making additional appropriations. In any case where the check for which payment is demanded is not presented with the claim, its nonproduction or loss must be satisfactorily accounted for by competent evidence, and in such cases the Commissioner may require the holder to provide adequate security. (d) No replacement check shall be issued for the payment of any claim where the original check has not been presented to the Department of Finance for payment within a period of four years from the date of issue and all claims against the Government of the United States Virgin Islands, or any of its agencies or instrumentalities, for which checks have been outstanding for this period shall be considered paid. The period of four years is hereby declared to be the longest period of time during which a check issued by the Department of Finance may be honored and all sums or money held by the Department of Finance or appropriated for the payment of such checks not presented within said period are hereby automatically escheated to the Government of the United States Virgin Islands without further process. History: Added Mar. 18, 1968, No. 2123, § 2, Sess. L. 1968, Pt. I, p. 48.

History: Repealed. Jan. 21, 2021, No. 8422, § 2, Sess. L. 2020, p. 306.

This subchapter may be cited as "The Virgin Islands Government Payment Processing Act". History: Added Jan. 21, 2021, No. 8422, § 1, Sess. L. 2020, p. 304.

As used in this subchapter: (1) "Agent" means the commissioner or chief financial officer of a local governmental entity. (2) "Local governmental entity" means the executive branch of the Government of the Virgin Islands. (3) "Proper invoice" means an invoice that conforms to all statutory requirements, including those for the acquisition of goods and services pursuant to Title 31, Chapter 23 of the Virgin Islands Code and by the local governmental entity to which the invoice is submitted. (4) "Provider of services" means any person who contracts directly with a local governmental entity to provide goods or services. (5) "Purchase" means the purchase of goods or services. History: Added Jan. 21, 2021, No. 8422, § 1, Sess. L. 2020, p. 304.

(a) The time at which payment is due to a provider of goods and services is calculated from the date on which a proper invoice is received by the Department of Finance after approval of the local governmental entity receiving the goods or services. The payment of goods or services is governed by the following procedures: (1) The Department of Finance shall process and pay all proper invoices not later than 14 business days after receipt of the proper invoice from the applicable local governmental entity. (2) All local governmental entities receiving goods and services shall review and approve all proper invoices and release the proper invoices to the Department of Finance not later 14 days after receipt of the invoice. (3) If the terms under which a purchase is made allow for partial deliveries and a proper invoice must be submitted for a partial delivery, and the time for payment of the partial delivery must be calculated from the time of the partial delivery and the submission of the invoice in the same manner as provided in this section. (b) If the invoice fails to conform to the requirements, the local governmental entity must reject the invoice not later than five business days after the date on which the invoice is stamped as received. The rejection must be in writing and must specify any deficiency in the invoice, and the action necessary to cure any deficiency. (c) If an invoice is rejected under subsection (b), and the provider of good or services submits a corrected invoice, the corrected invoice must be processed and paid in accordance with subsection (a)(1). (d) If a local governmental entity disputes a portion of an invoice, the undisputed portion must be processed for payment by the local governmental entity, in accordance with section 3295(a). History: Added Jan. 21, 2021, No. 8422, § 1, Sess. L. 2020, p. 304, 305.

(a) Each local governmental entity shall establish procedures whereby each payment request or invoice received by the local governmental entity is marked as received on the date on which it is delivered to an agent or employee of the local governmental entity, or of a facility or office of the local governmental entity. (b) If the terms under which a purchase is made allow for partial deliveries and a proper invoice is submitted for a partial delivery, the time of payment for the partial delivery must be calculated from the time of the partial delivery and the submission of the payment request or proper invoice in the same manner as provided in section 3293. History: Added Jan. 21, 2021, No. 8422, § 1, Sess. L. 2020, p. 305.

(a) If a dispute occurs between a vendor and a local governmental entity concerning payment of a payment request or an invoice, the local governmental entity shall resolve disagreement as provided in this section. The Department of Property and Procurement shall establish a dispute resolution procedure to be followed by the local governmental entity in cases of disputes. The procedure must provide that proceedings to resolve the dispute must be commenced not later than 45 days after the date on which the payment request or proper invoice was received by the local governmental entity, and must be concluded by final decision of the local governmental entity not later than 60 days after the date on which the payment request or proper invoice was received by the local governmental entity. The procedures do not constitute an administrative proceeding that prohibits a court from deciding de novo any action arising out of the dispute. If the dispute is resolved in favor of the vendor, then interest must begin to accrue as of the original date the payment became due. (b) In an action to recover amounts due under this subchapter, the court shall award court costs and reasonable attorney's fees to the prevailing party, including fees incurred through any appeal, if the court finds that the non-prevailing party withheld any portion of the payment that is the subject of the action without any reasonable basis in law or fact to dispute the prevailing party's claim to those amounts. History: Added Jan. 21, 2021, No. 8422, § 1, Sess. L. 2020, p. 305, 306.

A local governmental entity that intends to pay for a purchase with federal funds may not make a purchase without reasonable assurance that federal funds to cover the cost of the purchase are available, and the expenditure is reasonable, allowable and allocable within the guidelines of the federal grant award. History: Added Jan. 21, 2021, No. 8422, § 1, Sess. L. 2020, p. 306.

(a) The Commissioner of Finance shall designate banks or trust companies authorized to engage in a general commercial banking business within the Virgin Islands as depositories to receive funds of the government of the United States Virgin Islands and of its various agencies, authorities and instrumentalities. The Commissioner of Finance shall not be liable for the safekeeping of the funds so lawfully deposited. The banks or trust companies so designated as depositories must- (1) have been continuously engaged in general commercial banking within the Virgin Islands either directly or as successor in interest of an acquired bank or trust company for a period of not less than three years, (2) be incorporated under the laws of the United States or a State or Territory of the United States; and (3) be insured by the Federal Deposit Insurance Corporation and subject to examination by the Federal Deposit Insurance Corporation, the Federal Reserve System of the United States, or the Office of the United States Comptroller of the Currency. (b) The Governor may designate any other bank or trust company authorized to engage in a general commercial banking business in the Virgin Islands under Title 9 of this code, but which does not meet the requirements specified in subsection (a) of this section, as depositories to receive funds of the Government of the United States Virgin Islands if he determines that such bank or trust company is reputable and solvent. History: Amended Oct. 5, 1959, No. 497, § 12(b), Sess. L. 1959, p. 185; Jan. 25, 1963, No. 926, § 1, Sess. L. 1963, p. 12; July 18, 1968, No. 2315, § 2, Sess. L. 1968, Pt. II, p. 289.

Except as provided in section 3304 of this title, a depository shall furnish and file with the Commissioner of Finance a corporate surety bond, satisfactory to the Commissioner, to secure governmental funds deposited with it. The Commissioner of Finance shall not approve any depository bond unless he is fully satisfied that the bond is in proper form, the securities sufficient, the depository is financially sound, and the capital stock claimed by it is fully paid up and not impaired.

Each depository bond shall provide that during the time the bond is in force, the depository will pay all the governmental funds deposited with it to the Commissioner of Finance or other authorized officer, free of exchange, at any place in the Virgin Islands designated by him. If the deposit is a time deposit, it shall be paid, together with interest, only when due. The Commissioner of Finance may require a new or additional bond from any depository at any time.

In lieu of the corporate bond required in section 3302 of this title, a depository may pledge collateral satisfactory to the Commissioner of Finance, to secure governmental funds that are to be deposited with it. The Commissioner of Finance shall not accept any collateral other than- (1) United States Government, a state of the United States and/or Commonwealth of Puerto Rico bonds, notes, certificates, or other evidences of indebtedness to the payment of which the full faith and credit of the United States Government, a state of the United States or the Commonwealth of Puerto Rico is pledged and bonds, notes, certificates of indebtedness, or other evidences of indebtedness of governmental agencies which are unconditionally guaranteed by the United States Government; (2) bonds of any State of the United States or the Commonwealth of Puerto Rico; (3) bonds or other evidences of indebtedness of the Virgin Islands or of any agency thereof including notes issued in anticipation of the issuance of bonds, interim bonds, receipts, certificates of indebtedness or other obligations, the payment of the principal and interest of which is provided for other than by direct taxation, or to the payment of which the full faith and credit of the Virgin Islands is pledged; (4) securities approved from time to time by the Secretary of the Treasury of the United States of America as collateral security for special deposits of public moneys under the Act of Congress of The United States approved September 24, 1917, as amended. (5) Federal Housing Authority mortgages issued and secured under the rules and regulations of the Department of Housing and Urban Development and Veterans Administration mortgages issued under the rules and regulations of the Veterans Administration and unconditionally secured by the United States Government; Provided, That not more than 50 percent of the total collateral bond by a depository may be constituted of the types of securities described in this subdivision. The Commissioner of Finance with the approval of the Governor, may from time to time prescribe such other terms and conditions for the acceptance of collateral under this subdivision as he may determine necessary for the protection of Government. (6) irrevocable letters of credit issued by entities sponsored or established by the United States Government, or its agencies and instrumentalities, including irrevocable letters of credit issued by the Federal Home Loan Bank of New York. History: Amended Oct. 30, 1964, No. 1252, Sess. L. 1964, p. 412; June 17, 1966, No. 1799, Sess. L. 1966, p. 387; May 10, 1967, No. 1966, § 1, Sess. L. 1967, p. 206, 207; Dec. 29, 1976, No. 3922, Sess. L. 1976, p. 247; amended Oct. 7, 2015, No. 7768, § 1, Sess. L. 2015, p. 94.

The collateral deposited in compliance with section 3304 of this title shall be accompanied by a pledge thereof to the government of the United States Virgin Islands, which pledge shall recite that- (1) the depository will pay to the Commissioner of Finance or other authorized officer all governmental funds deposited with it, free of exchange or other charge, at any place in the Virgin Islands designated by him; if the deposit is a time deposit it shall be paid, together with interest, only when due; and (2) in case of default by the depository, the government of the United States Virgin Islands may sell the collateral, or as much of it as is necessary to realize the full amount due from the depository, and pay any surplus to the depository or its assigns.

The depository may furnish more than one bond or both bonds and collateral to secure governmental funds deposited with it. If both bonds and collateral are furnished, the depository may withdraw all or any part of the collateral without in any way impairing the bond unless there is a provision in the bond that the collateral will not be withdrawn without the consent of the surety on the bond. All banks engaging in a general commercial banking business in the Virgin Islands are hereby authorized to pledge assets as herein provided as collateral security for deposits of governmental funds.

Be Deposited; Exception of Insured Funds From Bond and Collateral (a) The Commissioner of Finance shall, insofar as practicable, divide the deposits of governmental funds among banks or trust companies designated as depositories to receive such funds in accordance with the provisions of section 3301 of this title; Provided, however, That in no event shall the amount of the deposit or the daily deposit balances in any depository exceed, with reference to the requirements of this chapter as to depository bond or collateral- (1) the penalty on the bonds; or (2) the full face value of the collateral; or (3) the penalty on the bonds plus the full face value of the collateral, if both are furnished. (b) In fixing the amount of the collateral and in regulating the amount of governmental deposits the Commissioner of Finance shall except from the surety bond and collateral security any portion of governmental funds which are insured by the Federal Deposit Insurance Corporation. History: Amended Jan. 25, 1963, No. 926, § 2, Sess. L. 1963, p. 12.

When the Commissioner of Finance deems necessary, he may require any depository of governmental funds or any surety on a depository bond to furnish a sworn statement of the financial condition of the depository or surety. Failure to render a statement within a reasonable time is sufficient grounds for revocation of a designation. Any person who makes a false statement to the Commissioner of Finance with regard to the financial condition of a depository or a surety on a depository bond shall be fined not more than $200 or imprisoned not more than 1 year, or both.

A depository may deposit, at any time during the period of its designation, additional collateral, withdraw excess collateral, and substitute other collateral for all or part of that on deposit, provided the collateral so substituted is of the kind designated in section 3304 of this title.

Deposits in depositories shall be divided into two classes to be known as active and inactive. A depository may be designated as a depository of both classes. All Virgin Islands government funds, and federal funds to be utilized by the government of the United States Virgin Islands pursuant to the Revised Organic Act of the Virgin Islands, deposited in active deposits in a depository are subject to withdrawal by the Commissioner of Finance upon demand and no interest shall accrue on these deposits. All governmental funds and federal funds to be utilized by the government of the Virgin Islands pursuant to the Revised Organic Act of the Virgin Islands, not required to meet the government's current disbursements shall be deposited in inactive deposits in depositories and interest shall accrue on these deposits at a rate of not less than one-twentieth of one per cent. It is the intent of the Legislature that the interest rates on inactive deposits shall be determined by the Governor from time to time, in accordance with the current rates of interest paid on similar types of deposits on state and local government funds in the continental United States and/or the average yield of United States treasury bills over the six month interest period.

It shall be the duty of the Commissioner of Finance to deposit any public monies of the government or any trust fund, or other monies entrusted to him for disbursement in any of the depositories designated by him and to withdraw from the same only as may be required for payment to be made by him pursuant to law.

The closing of a depository shall be deemed a default by the depository and no demands by the Virgin Islands or by its officers will be necessary to establish such default. When a depository closes, any time deposit therein is immediately due and payable.

In any proceedings to wind up an insolvent depository, the government is a preferred creditor. Where a bond has been given by a depository the government may proceed either as a preferred creditor against the assets of the insolvent depository or as the obligee on the surety bond against the surety thereon or against both as the Governor deems advisable. If the government receives or recovers any amount of its claim from the surety, the latter is not, by reason thereof, subrogated to the claim of the government against the assets of the insolvent depository as a preferred creditor.

The Commissioner of Finance for good and sufficient reasons may revoke the designation of any depository at any time. Upon revocation of a depository the Commissioner of Finance shall withdraw the governmental funds deposited therein immediately and shall make no further deposits therein.

The Commissioner of Finance is authorized to prescribe regulations governing the acceptance of collateral securities to guarantee public funds deposited with banking institutions and for designation of depositories to hold in escrow collateral securities pledged pursuant to sections 3301 - 3316 of this title.

The term "governmental funds" as used in sections 3301 - 3315 of this title shall mean all funds of the government of the United States Virgin Islands and of its various agencies, authorities and instrumentalities.

The gross amount of all monies received from whatever source for the use of the Virgin Islands shall be paid by the officer or agent receiving the same into the treasury of the Virgin Islands, at as early a day as practicable, without any abatement or deduction on account of salary, fees, costs, charges, expenses, or claim of any description whatever.

Every officer or agent who neglects or refuses to comply with the provisions of section 3317 of this title shall be removed from office, and shall forfeit to the Virgin Islands any share or part of the monies withheld, to which he might otherwise be entitled.

Except as otherwise provided, every officer or agent of the Virgin Islands who receives public money which he is not authorized to retain as salary, pay or emolument, shall render his accounts monthly. Such accounts, with the vouchers necessary to the correct and prompt settlement thereof, shall be sent to the bureau to which they pertain, and, after examination there, shall be passed to the office of the Government Comptroller of the Virgin Islands for settlement. In case of nonreceipt at the office of the Government Comptroller or proper bureau of any accounts within a reasonable and proper time thereafter, the officer whose accounts are in default shall be required to furnish satisfactory evidence of having complied with the provisions of this section. Nothing in this section, however, shall be construed to restrain the heads of any of the departments from requiring such other returns or reports from the officer or agent, subject to the control of such heads of departments, as the public interest may require.

All disbursing officers of the Virgin Islands shall render their accounts quarterly; but the Government Comptroller of the Virgin Islands may direct any or all such accounts to be rendered more frequently when in his judgment the public interest may require.

All officers, agents, or other persons receiving public monies shall render distinct accounts of the application thereof, according to the appropriation under which the same may have been advanced to them.

Whenever any person accountable for public money, neglects or refuses to pay into the treasury the sum or balance reported to be due the Virgin Islands, upon the adjustment of his account, the United States attorney for the Virgin Islands shall institute an action for the recovery of the same, adding to the sum stated to be due on such account, the commissions of the delinquent, which shall be forfeited in every instance where an action is commenced and judgment obtained thereon, and an interest of 6% per annum, from the time of receiving the money until it shall be repaid into the treasury.

Whenever any collector of the revenue, receiver of public money or other officer who has received the public money before it is paid into the treasury of the Virgin Islands, fails to render his account, or pay over the same in the manner or within the time required by law, it shall be the duty of the Government Comptroller to cause to be stated the account of such officer, exhibiting truly the amount due to the Virgin Islands, and to certify the same to the United States attorney for the Virgin Islands, who shall issue a warrant of distress against the delinquent officer and his sureties, directed to the marshal of the district court.

The warrant of distress shall specify the amount with which such delinquent is chargeable, and the sums, if any, which have been paid.

The marshal authorized to execute any warrant of distress shall, by himself or by his deputy, proceed to levy and collect the sum remaining due, by distress and sale of the goods and chattels of such delinquent officer; having given 10 days' previous notice of such intended sale, by affixing an advertisement of the articles to be sold at two or more public places in the town and judicial division where the goods or chattels were taken, or in the town or judicial division where the owner of such goods or chattels may reside. If the goods and chattels be not sufficient to satisfy the warrant, the same may be levied upon the person of such officer, who may be committed to prison there to remain until discharged by due course of law.

If the delinquent officer absconds, or if goods and chattels belonging to him cannot be found sufficient to satisfy the warrant, the marshal or his deputy shall proceed, notwithstanding the commitment of the delinquent officer, to levy and collect the sum which remains due by such delinquent, by the distress and sale of the goods and chattels of his sureties; having given 10 days' previous notice of such intended sale by affixing an advertisement of the articles to be so sold at two or more public places in the town or judicial division where the goods and chattels were taken, or in the town or judicial division where the owner resides.

The amount due by a delinquent officer is declared to be a lien upon the lands, tenements and hereditaments of such officer and his sureties, from the date of a levy in pursuance of the warrant of distress issued against him or them, and a record thereof made in the office of the clerk of the district court of the proper judicial division, until the same is discharged according to law.

For want of goods and chattels of a delinquent officer, or his sureties, sufficient to satisfy any warrant of distress issued pursuant to sections 3323 - 3327 of this title, the lands, tenements, and hereditaments of such officer and his sureties, or so much thereof as may be necessary for that purpose, after being advertised for at least three weeks in a public place in or near the office of the clerk of the district court in the judicial division or jurisdiction where such real estate is situate, before the time of sale, shall be sold by the marshal or his deputy.

For all lands, tenements or hereditaments sold in pursuance of section 3328 of this title, the conveyance of the marshal or his deputy, executed in due form of law, shall give a valid title against all persons claiming under such delinquent officer or his sureties.

All monies which may remain of the proceeds of sales, after satisfying the warrant of distress, and paying the reasonable costs and charges of the sale, shall be returned to such delinquent officer or surety, as the case may be.

Whenever any officer in the service of the government, to disburse the public money appropriated for a branch of the public service, fails to render his accounts, or to pay over, in the manner and in the times required by law, or by the regulations of the department to which he is accountable, any sum of money remaining in his hands, it shall be the duty of the Government Comptroller of the Virgin Islands to cause to be stated and certified the account of such delinquent officer to the United States attorney, who is authorized and required immediately to proceed against such delinquent officer, in the manner directed in sections 3325 - 3330 of this title.

All the provisions relating to the issuing of a warrant of distress against a delinquent officer shall extend to every officer of the government charged with the disbursement of the public money, and to their sureties, in the same manner and to the same extent as if they were described and enumerated in sections 3323 - 3335 of this title.

With the approval of the Commissioner of Finance, the institution of proceedings by a warrant of distress may be postponed, for a reasonable time, in cases where, in his opinion, the public interest will sustain no injury by such postponement.

Any person who considers himself aggrieved by any warrant of distress issued under the provisions of sections 3323 - 3333 of this title may file a complaint in the district court, setting forth therein the nature and extent of the injury of which he complains; and thereupon the court may grant an injunction to stay proceedings on such warrant altogether, or for so much thereof as the nature of the case requires. But no injunction shall issue till the party applying for it gives bond, with sufficient security, in a sum to be prescribed by the court, for the performance of such judgment as may be awarded against him; nor shall the issuing of such injunction in any manner impair the lien produced by the issuing of the warrant. And the same proceedings shall be had on such injunctions as in other cases, except that no answer shall be necessary on the part of the government of the United States Virgin Islands; and, if, upon dissolving the injunction, it appears to the satisfaction of the court that the application for the injunction was merely for delay, the court may add to the lawful interest assessed on all sums found due against the complainant such damages as, with such lawful interest, shall not exceed the rate of 10 percent per year.

Nothing contained in the provisions of sections 3323 - 3334 of this title relating to distress warrants shall be construed to take away or impair any right or remedy which the Virgin Islands might have, by law, for the recovery of taxes, debts or demands.

(a) It is the policy and purpose of the Government of the United States Virgin Islands that government funds be so managed that maximum benefits be derived from them during such periods that the same are held for safekeeping in depositories designated by the Commissioner of Finance with the approval of the Governor in accordance with the provisions of section 3301 of this chapter, or that they are invested in interest bearing securities or accounts. Such deposits or investments do not constitute loans of the governmental funds involved. (b) The Commissioner of Finance and all other officers, boards or commissions exercising advisory or policy-making functions with respect to the deposit or investment of governmental funds shall, from time to time, report to the Director of the Office of Management and Budget as to available sums in excess of demand deposit requirements of the Government and which may prudently be invested in interest bearing securities or accounts in order to implement the policy declared in subsection (a) of this section. (c) Subject to the approval of the Governor, the Director of the Office of Management and Budget shall develop and maintain a comprehensive plan for the deriving of maximum benefits through the effective management of governmental funds and shall provide such co-ordinated administration as is necessary or appropriate in accordance with the purposes of this section. History: Added July 18, 1968, No. 2315, § 3, Sess. L. 1968, Pt. II, p. 289.

The Commissioner shall from time to time prepare and certify to the Legislature, through the Governor, a list showing in detail the dates and steps taken by the Government for collection of outstanding amounts owed to the Government of the United States Virgin Islands as may have remained in arrears, wholly or partially, for more than four fiscal years, and which in the judgment of the Commissioner are uncollectible. If such claims are not cancelled or otherwise disposed of by the Legislature by the end of the regular session following the date of certification of the same to the Legislature, they shall be deemed cancelled and the Commissioner of Finance shall cause appropriate entries to be made in the records of the Government. History: Added Aug. 26, 1965, No. 1504, Sess. L. 1965, Pt. I, p. 456; amended Feb. 3, 1966, No. 1561, Sess. L. 1966, p. 14.

(a) When the probable cost of collection would exceed the amount due and payable to the Government, the Commissioner of Finance upon a determination by him that any delinquent account due and payable to the Government is uncollectible, provided, however that each such account is not in excess of the sum of $20.00 hereby is authorized to abate and write off such uncollectible accounts, but the aggregate amount shall not exceed $2,000 in any one year. (b) The Commissioner of Finance shall prepare and submit to the Legislature through the Governor on or before March first of each year a list of the uncollectible accounts abated and written off during the preceding calendar year. History: Jan. 15, 1970, No. 2605, §§ 1, 2, Sess. L. 1969, p. 421.

As used in this chapter, the term: "Government of the Virgin Islands" includes the executive, legislative, and judicial branches of the Government of the Virgin Islands, agencies and instrumentalities of the Government of the Virgin Islands, and Governing Boards and Commissions of the Government of the Virgin Islands, including but not limited to the Virgin Islands Government Hospitals and Health Facilities Corporation, but does not include any contractor with the Government of the Virgin Islands. "Employee of the Government" includes elected or appointed officials, employees, members of Governing Boards and Commissions and other persons acting on behalf of the Government of the United States Virgin Islands. History: Added June 9, 1961, No. 721, Sess. L. 1961, p. 72; amended May 14, 1985, No. 5060, § 114(a), Sess. L. 1985, p. 33; Sept. 30, 1986, No. 5199, § 4, Sess. L. 1986, p. 224; May 14, 1999, No. 6279, § 5, Sess. L. 1999, p. 16.

Power of Governor (a) The Attorney General, acting on behalf of the Government of the Virgin Islands, consider, ascertain, adjust, determine and settle any claim for money damages of $6,000 or less against the Government of the United States Virgin Islands accruing on or after July 1, 1961, for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of an employee of the Government while acting within the scope of his office or employment, under circumstances where the Government of the Virgin Islands, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred. Presentation of claims; time limit (b) Such claim shall be presented to the Attorney General in writing by the claimant or his agent within six months after the act or omission constituting the basis of the claim. For reasonable cause shown, the Attorney General may extend such time limit. For property damage claims, the claim or notice of intention must be accompanied by two (2) estimates. Finality of award (c) Any such award or settlement shall be final and conclusive on all officers of the Government, except when procured by means of a fraud. Payment by Commissioner of Finance (d) Any such award or settlement shall be paid by the Commissioner of Finance in accordance with vouchers duly certified by the Attorney General. Effect of acceptance (e) The acceptance by the claimant of any such award or settlement shall be final and conclusive on the claimant, and shall constitute a complete release of any claim against the Government of the United States Virgin Islands and against the employee of the Government whose act or omission gave rise to the claim, by reason of the same subject matter. History: Added June 9, 1961, No. 721, Sess. L. 1961, p. 72; amended Aug. 22, 1980, No. 4467, § 1, Sess. L. 1980, p. 137; amended Oct. 27, 2011, No. 7319, §§ 1, 4(a)(1)-(3), Sess. L. 2011, p. 271.

The Commissioner of Finance shall report annually to the Legislature all claims paid under sections 3402 and 3405 of this title, stating the name of each claimant, the amount claimed, the amount awarded, and a brief description of the claim. History: Added June 9, 1961, No. 721, Sess. L. 1961, p. 73; amended July 16, 1969, No. 2499, § 1, Sess. L. 1969, p. 209.

A special fund to be known as the "Tort Claims Fund" shall be set aside in the Treasury of the Virgin Islands, and the Legislature shall include annually in the budget of the Department of Finance an appropriation to this fund sufficient to enable the Commissioner of Finance to pay claims in accordance with the provisions of this chapter. History: Added June 9, 1961, No. 721, Sess. L. 1961, p. 73; amended Aug. 22, 1980, No. 4467, § 2, Sess. L. 1980, p. 137.

(a) A special fund to be known as the "Storm Claims Fund" shall be set aside in the Treasury of the Virgin Islands, and the Legislature shall include annually in the budget of the Department of Finance an appropriation for such Fund sufficient to enable the Commissioner of Finance to pay claims in accordance with the provisions of this section. (b) Claims for money damages of $5,000.00 or less against the Government of the United States Virgin Islands occurring on or after May 1, 1969, for injury or loss of property as a result of storms, floods or unusual weather conditions may be considered, ascertained, adjusted, determined and settled in the same manner and under the same conditions as provided in section 3402 of this chapter, provided however that the Departments of Public Works and Property and Procurement shall assist the Attorney General in the investigation and determination of claims presented to the Governor under the provisions of this section. History: Added July 16, 1969, No. 2499, § 2, Sess. L. 1969, p. 209.

(a) Subject to the provisions of section 3416 of this chapter, the Government of the United States Virgin Islands hereby waives its immunity from liability and action and hereby assumes liability with respect to injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of an employee of the Government of the United States Virgin Islands while acting within the scope of his office or employment, under circumstances where the Government of the United States Virgin Islands, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred. The Government consents to have the liability determined in accordance with the same rule of law as applied to actions in the courts of the Virgin Islands against individuals or corporations; Provided, That the claimant complies with the provisions of this chapter. (b) The provisions of subsection (a) of this section shall not apply if the injury or loss of property is caused by the gross negligence of an employee of the Government of the United States Virgin Islands while acting within the scope of his office or employment. (c) For the purpose of this chapter, if the Government of the United States Virgin Islands should enter into a contract with a privately owned company, pursuant to which motor vehicles owned by the Government are to be operated in performing public transit service, the private company, its agents, servants and employees, while operating such motor vehicles, shall be relieved of, and made immune from common law liability to the same extent as the Government of the United States Virgin Islands; and, its liability shall be the same as the limitations of liability which the Government is subject to under this chapter, and in particular, section 3416 of this chapter shall apply to the private operator, its agents, servants, and employees, the same as if the private operator were the Government, and its agents, servants and employees were Government employees; and, the Government shall be solely responsible for handling and defending such claims arising out of the operation of the motor vehicles in the public transit service and the Government shall also be responsible for paying such claims and judgments arising out of, or based upon the operation of the motor vehicles in the transit service. Nothing in this subsection shall be construed as exempting any private company, its agents, servants, or employees from liability for any acts of gross or wilful negligence whether or not such acts were within the scope of services performed for the Government, and no exemption from liability is granted for acts performed outside the scope of services performed for the Government. History: Added Nov. 15, 1971, No. 3128, Sess. L. 1971, p. 366; amended May 14, 1985, No. 5060, § 114(b), Sess. L. 1985, p. 33; May 20, 1994, No. 5979, § 1, Sess. L. 1994, p. 69.

No judgment shall be granted in favor of any claimant unless such claimant shall have complied with the provisions of this section applicable to his claim: (a) a claim for the appropriation by the Government of lands, or any right, title of interest in or to lands shall be filed within two years after the accrual of such claim; (b) a claim by an executor or administrator of a decedent who left him or her surviving a husband, wife or next of kin, for damages for a wrongful act, neglect or default, on the part of the Government by which the decedent's death was caused, shall be filed within ninety days after the appointment of such executor or administrator, unless the claimant shall within such time file a written notice of intention to file a claim therefor in which event the claim shall be filed within two years after the death of the decedent. In any event such claim shall be filed within two years after the death of the decedent; (c) a claim to recover damages for injuries to property or for personal injury caused by the tort of an officer or employee of the Government of the United States Virgin Islands while acting as such officer or employee, shall be filed within ninety days after the accrual of such claim unless the claimant shall within such time file a written notice of intention to file a claim therefor, in which event the claim shall be filed within two years after the accrual of such claim. A claimant who fails to file a claim or notice of intention, as provided in the foregoing subsections, within the time limited therein for filing the notice of intention, may, nevertheless, in the discretion of the court, be permitted to file such claim at any time within two years after the accrual thereof, or in the case of a claim for wrongful death within two years after the decedent's death. The application for such permission shall be made upon motion based upon affidavits showing a reasonable excuse for the failure to file the notice of intention and that the Virgin Islands or its appropriate department or agency had, prior to the expiration of the time limited for the filing of the notice of intention, actual knowledge of the facts constituting the claim. The claim proposed to be filed, containing all of the information set forth in section 3410 of this title, shall accompany such application. No such application shall be granted if the court shall find that the Government of the United States Virgin Islands has been substantially prejudiced by the failure of the claimant to file such notice of intention within the time limited therefor. But if the claimant shall be under legal disability, the claim may be presented within two years after such disability is removed. History: Added Nov. 15, 1971, No. 3128, Sess. L. 1971, p. 366.

The claim or notice of intention shall be filed in the Office of the Governor and a copy shall be served upon the Attorney General and a written receipt therefor shall be issued with the date of filing indicated thereon. The claim shall state the time when and the place where such claim arose, the nature of same, and items of damage or injuries claimed to have been sustained and the total sum claimed. The notice of intention to file a claim shall set forth the same matters except that the items of damage or injuries and the sum claimed need not be stated. The claim and notice of intention to file a claim shall be verified. History: Added Nov. 15, 1971, No. 3128, Sess. L. 1971, p. 368.

(a) In no case shall any liability be implied against the Government of the United States Virgin Islands. No judgment shall be granted on any claim against the Government of the United States Virgin Islands except upon such legal evidence as would establish liability against an individual or corporation in a court of law, and no judgment by default shall be entered against the Government. (b) No judgment shall be awarded to any claimant or any claim which, as between private litigants, would be barred by the statute of limitations. (c) No judgment shall be awarded against the Government of the United States Virgin Islands in excess of $25,000. History: Added Nov. 15, 1971, No. 3128, Sess. L. 1971, p. 368.

No judgment shall be paid until there shall be filed with the Department of Finance a copy thereof duly certified by the clerk of the court together with a certificate of the Attorney General that no appeal has been or will be taken by the Government from the judgment or part thereof specified in the certificate. History: Added Nov. 15, 1971, No. 3128, Sess. L. 1971, p. 368.

The trials of actions instituted in accordance with the provisions of section 3408 shall be by the Court sitting without a jury. History: Added Nov. 15, 1971, No. 3128, Sess. L. 1971, p. 368.

(a) Whenever an officer or employee of the Government of the United States Virgin Islands has been sued in a civil action authorized by statutes of the United States of America and arising out of his employment with the Government of the United States Virgin Islands, and when the court which heard the case has ruled that said officer or employee acted reasonably and within the scope of his employment, the Government of the United States Virgin Islands shall pay the amount of the judgment entered against such officer or employee, or the amount of a settlement approved by the Governor of the Virgin Islands; Provided, however, no such payment shall exceed one hundred thousand dollars ($100,000). (b) The Commissioner of Property and Procurement is authorized to procure insurance for a term of one or more years to cover the Government's potential liability to pay judgments and settlements under this section. History: Added Jan. 14, 1981, No. 4521, § 1, Sess. L. 1980, p. 257.

(a) The Attorney General shall, if he determines it to be probable that the act or acts upon which any civil action against an officer or employee of the Government of the United States Virgin Islands is based, were performed within the scope of the officer or employee's employment, and if requested in writing by the officer or employee, undertake the defense of the action. (b) If the Attorney General does not undertake the defense, and thereafter the court hearing the action rules that the officer or employee acted reasonably and within the scope of his employment or where the court dismisses the action with prejudice, the Government shall reimburse said officer or employee for all litigation expenses incurred in connection with defending such action as may be found by the court to be reasonable, including court costs and attorneys' fees; Provided, however, That officers' and employees' litigation expenses incurred in defense of civil actions arising out of their government employment after January 1, 1979, and before the effective date of this act, shall be reimbursed under the conditions set forth in this section. (c) All claims for reimbursement of legal expenses shall be submitted in writing, with supporting documentation, to the Attorney General for review and certification for payment by the Commissioner of Finance. History: Added Jan. 14, 1981, No. 4521, § 1, Sess. L. 1980, p. 258.

The remedy against the Government of the United States Virgin Islands as provided by section 3408 of this chapter for injury or loss of property or for personal injury or death, resulting from the operation by any employee of the Government of any motor vehicle while acting within the scope of his or her office or employment, shall be exclusive of any other civil action or proceeding by reason of the same subject matter against the employee or his or her estate whose act or omission gave rise to the claim. History: Added May 14, 1985, No. 5060, § 114(c), Sess. L. 1985, p. 34.

(a) Whenever the vehicle of a person is damaged or destroyed as a result of the negligent act or omission of an employee of the Government while acting within the scope of his office or employment, the Attorney General may settle the claim for money damages on an expedited basis if all of the following conditions are met: (1) The claim must be for $6,000 or less; (2) The claim must be for damages to a vehicle only and not involve personal injury; (3) The damages to the vehicle must have resulted from the negligent act or omission of the Government or its agent; (4) The claimant must provide two (2) estimates of the damages to his vehicle to the Attorney General from a licensed auto mechanic or body shop in the Virgin Islands; (5) The Department of Justice may obtain two (2) estimates of the damages to the private vehicle from licensed auto mechanics or body shops in the Virgin Islands; (6) The claimant must have filed a claim with the Department of Justice within thirty (30) days of the occurrence of the event which resulted in the damage or destruction of the claimant's vehicle; (7) The claim must state the time and place of the accident, the nature of the accident, and the damages sustained. Any photographs, police reports, statements or other supporting documents must be attached to the claim; and (8) The claim must be notarized. (b) No judgment shall be granted in favor of any claimant under this section unless the claimant files such a claim with the Department of Justice within thirty (30) days of the occurrence of the event which resulted in the damage or destruction of the claimant's vehicle. (c) A claimant who fails to file a claim pursuant to subsection (b) shall not have his claim settled under this section but may proceed pursuant to §§ 3402 et seq. of this chapter. (d) Payment under this section shall occur within sixty (60) days after the filing of the claim with the Department of Justice. If such payments are not made within 60 days, the Government shall pay the claimant $400.00 per month or a proration of the sum. (e) The acceptance by the claimant of any award or settlement under this section is final and conclusive on the claimant and all other parties, and constitutes a complete release of all property damage claims against and by the Government of the Virgin Islands and the employee of the Government of the Virgin Islands whose act or omission gave rise to the claim, by reason of the same subject matter. (f) Nothing in this section shall preclude the claimant from electing not to settle his claim on an expedited basis and reaching a settlement through the regular procedures of this chapter. History: Added Oct. 27, 2011, No. 7319, § 1, Sess. L. 2011, pp. 271, 272.

This chapter may be cited as The Virgin Islands False Claims Act. History: Added July 15, 2014, No. 7633, § 1, Sess. L. 2014, p. 175.

For purposes of this chapter: (1) "Claim" means any request or demand, whether under a contract or otherwise, for money, property. or services, and whether or not the Government has title to the money, property, or services that meets either of the following conditions: (A) Is presented to an officer, employee, or agent of the Government or of an instrumentality of the Government: or (B) Is made to a contractor, grantee, or other recipient, and if the Government: (i) provides or has provided any portion of the money. property. or service requested or demanded; or (ii) will reimburse the contractor, grantee, or other recipient for any portion of the money, property, or service that is requested or demanded. (C) The term does not include requests or demands for money, property, or services that the Government has paid to an individual as compensation for employment with the Government or as an income subsidy with no restrictions on that individual's use of the money, property, or services. (2) "Government funds" means funds that are the subject of a claim presented to an officer, employee, or agent of the Government, or where the Government provides, has provided, or will reimburse any portion the money, property, or service requested or demanded. (3) "Government of the Virgin Islands" or "Government" includes the executive, legislative, and judicial branches of the Government of the Virgin Islands, agencies, authorities and instrumentalities of the Government of the Virgin Islands, and governing boards and commissions of the Government of the Virgin Islands. (4) "Knowing" and "knowingly" mean that a person, with respect to information, does any of the following: (A) Has actual knowledge of the information; (B) Acts in deliberate ignorance of the truth or falsity of the information; or (C) Acts in reckless disregard of the truth or falsity of the information. (5) "Material" means having a natural tendency to influence, or be capable of influencing the payment or receipt of money, property, or services. (6) "Person" includes any natural person, corporation, firm, association, organization; partnership, limited liability company, business, and trust. History: Added July 15, 2014, No. 7633, § 1, Sess. L. 2014, p. 175-177.

(a) Except as provided in subsection (d), any person who commits any of the acts enumerated in paragraphs (1) through (9) of this subsection violates this chapter and is liable to the Government for three times the amount of damages that the Government sustains because of the act of that person, the costs of a civil action brought to recover any of those penalties or damages, and for a civil penalty of not less than $5,000 and not more than $10,000 for each false claim for which the person: (1) Knowingly presents or causes to be presented a false or fraudulent claim for payment or approval; (2) Knowingly makes, uses, or causes to be made or used a false record or statement material to a false or fraudulent claim; (3) Conspires to commit a violation of this section; (4) Has possession, custody, or control of public property or money used or to be used by the Government and knowingly delivers, or causes to be delivered less than all of that property; (5) Is authorized to make or deliver a document certifying receipt of property used or to be used by Government and knowingly makes or delivers a receipt that falsely represents the property used or to be used; (6) Knowingly buys, or receives as a pledge of an obligation or debt, public property from any person who lawfully may not sell or pledge the property; (7) Knowingly makes, uses, or causes to be made or used a false record or statement material to an obligation to pay or transmit money or property to the Government, or knowingly conceals or knowingly and improperly avoids, or decreases an obligation to pay or transmit money or property to the Government; (8) Is a beneficiary of an inadvertent submission of a false claim, subsequently discovers the falsity of the claim, and fails to disclose the false claim to the Government within a reasonable time after discovery of the false claim; or (9) Is the beneficiary of an inadvertent payment or overpayment by the Government of monies not due and knowingly fails to repay the inadvertent payment or overpayment to the Government. (b) Proof of specific intent to defraud is not required. (c) Except as provided in subsection (d), the court may assess three times the amount of damages which the Government sustains because of the act of the person described in subsection (a). (d) The court may assess not more than two times the amount of damages which the Government sustains because of the act of the person described in subsection (a), and no civil penalty if the court finds all of the following: (1) The person committing the violation furnished officials of the Government responsible for investigating false claims violations with all information known to that person about the violation within 120 days after the date on which the person first obtained the information; (2) The person fully cooperated with any investigation by the Government of the violation; and (3) At the time the person furnished the Government with information about the violation, no criminal prosecution, civil action, or administrative action had commenced with respect to the violation, and the person did not have actual knowledge of the existence of an investigation into the violation. (e) Liability under this section is joint and several for any act committed by two or more persons. (f) This section does not apply to any controversy involving an amount of less than $500 in value. For purposes of this subsection, "controversy" means any one or more false claims submitted by the same person in violation of this chapter. (g) This section does not apply to claims, records, or statements made pursuant to Workers' Compensation claims or to the claims, records, or statements pursuant to unemployment claims under the Virgin Islands Code, title 24, chapter 11 and chapter 12, respectively. (h) This section does not apply to claims, records, or statements made pursuant to taxation laws under this title. History: Added July 15, 2014, No. 7633, § 1, Sess. L. 2014, p. 177, 178.

(a) The Attorney General shall investigate diligently violations under section 3503 involving Government funds. If the Attorney General finds that a person has violated or is violating section 3503, the Attorney General may bring a civil action under this section against that person. (b) (1) A person may bring a civil action for a violation of this chapter for the person and for the Government in the name of the Government if any Government funds are involved. The person bringing the action is referred to as the qui tam plaintiff. Once filed, the qui tam plaintiff's action may be dismissed only with the written consent of the court and the Attorney General, taking into account the best interests of the parties involved and the public purposes underlying this chapter. No claim for any violation of section 3503 may be waived or released by any private person, unless the action is part of a court-approved settlement of a false claim civil action brought under this section. Nothing in this paragraph may be construed to limit the ability of the Government to decline to pursue any claim brought under this section. (2) A complaint filed by a qui tam plaintiff under this subsection must be filed in the Superior Court in camera, and subject to paragraph (5), may remain under seal up to 60 days. No service mayparagraph (5)he defendant until after the complaint is unsealed. (3) On the same day the complaint is filed pursuant to paragraph (2), the qui tam plaintiff shall serve the Attparagraph (2) by certified mail, return receipt requested, with a copy of the complaint and a written disclosure of substantially all material evidence and information the qui tam plaintiff possesses. (4) No later than 120 days after receiving a complaint and written disclosure of material evidence and information alleging violations that involve Government funds, the Attorney General may elect to intervene and proceed with the action. (5) The Attorney General may, for good cause shown, move the Court for extensions of the time during which the complaint must remain under seal pursuant to paragraph (2). The motion may be supportparagraph (2)idavits or other submissions in camera. (6) Before the expiration of the 120-day period or any extensions obtained under paragraph (5), the Attorney Geparagraph (5)ll do either of the following: (A) Notify the court that the Attorney General intends to proceed with the action, in which case the Attorney General shall conduct the action, and the court shall lift the seal; or (B) Notify the court that the Attorney General declines to proceed with the action, in which case the court shall lift the seal, and the qui tam plaintiff shall have the right to conduct the action. (7) If the Attorney General fails to notify the court within the time specified in paragraph (6) or anyparagraph (6)der paragraph (5), the cparagraph (5)ft the seal, and the qui tam plaintiff shall have the right to conduct the action. (8) The defendant is not required to respond to any complaint filed under this section until 21 days after the complaint is unsealed and served upon the defendant pursuant to the applicable Rules of the Superior Court. (9) When a qui tam plaintiff brings an action under this subsection, no other person may bring a related action based on the facts underlying the pending action. (c) (1) A person may not bring an action under subsection (b) against a member of the Legislature of the Virgin Islands, a judge, justice or magistrate judge of the judiciary, an elected or appointed cabinet- level official in the executive branch of the Government of the Virgin Islands, or a member of the governing body of any agency, board, commission, authority or other instrumentality of the Government, if the action is based on evidence or information known to the Government when the action was brought. (2) A person may not bring an action under subsection (b) which is based upon allegations or transactions that are the subject of a civil suit or an administrative, civil money, penalty proceeding in which the Government is already a party. (3) (A) Unless the action is brought by the Attorney General or the person bringing the action is an original source of the information, or unless opposed by the Government, the court shall dismiss an action or claim under this section, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed- (i) in a criminal, civil, or administrative hearing in which the Government or its agent is a party; (ii) in a legislative, Virgin Islands Inspector General, or other government report, hearing, audit, or investigation; or (iii) from the news media. (B) For purposes of subparagraph (A), "original source" means an individual who (i) who has knowledge of the information on which the allegations are based which is direct and independent of the publicly disclosed allegations or transactions, and (ii) who has voluntarily provided the information to the Government before filing an action under this section which based on the information provided. (4) A court does not have jurisdiction over an action brought under subsection (b) based upon information discovered by a present or former employee of the Government during the course of the employee's employment unless that employee first, in good faith, exhausted existing internal procedures for reporting of the falsely claimed sums through official channels and unless the Government failed to act on the information provided within a reasonable period of time. (5) A person may not bring an action pursuant to this section if the person has been convicted of a criminal offense in connection with any false claim that is the subject of the action. (6) A person may not sell or otherwise transfer any cause of action or interest in any present or future benefit that is provided for in this chapter. (d) (1) if the Government proceeds with the action, the Government has the primary responsibility for prosecuting the action. The qui tam plaintiff has the right to continue as a full party to the action. (2) (A) The Government may seek to dismiss the action for good cause notwithstanding the objections of the qui tam plaintiff, if the qui tam plaintiff has been notified by the Government of the filing of the motion, and the court has provided the qui tam plaintiff with an opportunity to oppose the motion and present evidence at a hearing. (B) The Government may settle the action with the defendant, notwithstanding the objections of the qui tam plaintiff, if the court determines, after a hearing providing the qui tam plaintiff an opportunity to present evidence, that the proposed settlement is fair, adequate, and reasonable under all of the circumstances. (e) (1) If the Government elects not to proceed, the qui tam plaintiff shall have the same right to conduct the action as the Attorney General would have had if the Government had chosen to proceed under subsection (b). If the Government so requests, and at its expense, the Government must be served with copies of all pleadings filed in the action and supplied with copies of all deposition transcripts. (2) (A) Upon timely application, the court shall permit the Government to intervene in an action with which it had initially declined to proceed, if the interest of the Government in recovery of the property or funds involved is not being adequately represented by the qui tam plaintiff. (B) If the Government is allowed to intervene under subparagraph (A), the qui tam plaintiff shall retain principal responsibility for the action and the recovery of the parties must be determined as if the Government had elected not to proceed. (f) (1) If the Attorney General initiates an action pursuant to subsection (a), the Office of the Attorney General shall receive a fixed 33 percent of the proceeds of the action or settlement of the claim, which must be used to support its ongoing investigation and prosecution of false claims. (2) If the Government proceeds with an action brought by a qui tam plaintiff under subsection (b), the qui tam plaintiff, subject to paragraphs (4) and (5), is entitled to receive at least 15 percentparagraphs (4) and (5)percent of the proceeds of the action or settlement of the claim, depending upon the extent to which the qui tam plaintiff substantially contributed to the prosecution of the action. When it conducts the action, the Attorney General's Office shall receive a fixed 33 percent of the proceeds of the action or settlement of the claim, which must be used to support its ongoing investigation and prosecution of false claims made against the Government. (3) If the Government does not proceed with an action under subsection (b), the qui tam plaintiff, subject to paragraphs (4) and (5), is entitled to receive an amountparagraphs (4) and (5) reasonable for collecting the civil penalty and damages on behalf of the Government. The amount must be not less than 33 percent and not more than 50 percent of the proceeds of the action or settlement and must be paid out of the proceeds. (4) If the action is one provided for under paragraph (4) of subsection (c), the present or former employee of the Government is not entitled to any minimum guaranteed recovery from the proceeds. The court, however, may award the Government employee qui tam plaintiff those sums from the proceeds as it considers appropriate, but in no case more than 25 percent of the proceeds if the Government goes forth with the action or 30 percent if the Government declines to go forth, taking into account the significance of the information, the role of the qui tam plaintiff in advancing the case to litigation, and the scope of, and response to, the employee's attempts to report and gain recovery of the falsely claimed funds through official channels. (5) If the action is one that the court finds to be based primarily on information from a present or former employee who actively participated in the fraudulent activity, the employee is not entitled to any minimum guaranteed recovery from the proceeds. The court, however, may award the Government employee qui tam plaintiff any sums from the proceeds that it considers appropriate, but in no case more than 15 percent of the proceeds if the Government goes forth with the action or 25 percent if the Government declines to go forth, taking into account the significance of the information, the role of the qui tam plaintiff in advancing the case to litigation, the scope of the present or past employee's involvement in the fraudulent activity, the employee's attempts to avoid or resist the activity, and all other circumstances surrounding the activity. (6) The portion of the recovery not distributed pursuant to paragraphs (1) to (5), inclusiparagraphs (1) to (5)e Treasury of the Virgin Islands if the underlying false claims involved Government funds. (7) For purposes of this section, "proceeds" include civil penalties, as well as double or treble damages as provided in section 3503. (8) If the Government or the qui tam plaintiff prevails in or settles any action under subsection (b), the qui tam plaintiff is entitled to receive an amount for court costs and related expenses that the court finds to have been necessarily incurred, plus reasonable attorney's fees. All expenses, costs, and fees must be awarded against the defendant. The Government is not liable for any expenses, costs or fees that a person incurs in bringing an action under this section. (9) If the Government, or the qui tam plaintiff proceeds with the action. the court may award to the defendant reasonable attorney's fees and expenses against the party that proceeded with the action, if the defendant prevails in the action and the court finds that the claim was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment. (g) The court may stay any proposed discovery of the person initiating the action for a period of not more than 60 days if the Attorney General shows that discovery would interfere with an investigation or a prosecution of a criminal or civil matter arising out of the same facts, regardless of whether the Attorney General proceeds with the action. This showing must be conducted in camera. The court may extend the 60-day period upon a further showing in camera that the Attorney General has pursued the criminal or civil investigation or proceedings with reasonable diligence and any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings. (h) Upon a showing by the Attorney General that unrestricted participation during the course of the litigation by the person initiating the action would interfere with or unduly delay the Attorney General's prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the person's participation, including the following: (1) Limiting the number of witnesses the person may call; (2) Limiting the length of the testimony of the witnesses; (3) Limiting the person's cross-examination of witnesses; and (4) Otherwise limiting the participation by the person in the litigation. History: Added July 15, 2014, No. 7633, § 1, Sess. L. 2014, p. 178-184; amended July 30, 2016, No. 7888, § 15, Sess. L. 2016, p. 114.

(a) An employer may not make, adopt, or enforce any rule, regulation, agreement or policy preventing an employee, contractor or agent from disclosing information to a government or law enforcement agency or from acting in furtherance of a false claims action, including investigating, initiating, testifying, or assisting in an action filed or to be filed under section 3504. (b) An employer may not discharge, demote, suspend, threaten, harass, deny promotion to, or in any other manner discriminate against an employee in the terms and conditions of employment because of lawful acts done by the employee on behalf of the employee or others in disclosing information to a government or law enforcement agency or in furthering a false claims action, including investigation for, initiation of, testimony for, or assistance in, an action filed or to be filed under section 3504. (c) An employer, contractor or agent who violates subsection (b) is liable for all relief necessary to make the employee whole, including reinstatement with the same seniority status that the employee would have had but for the discrimination, two times the amount of back pay, interest on the back pay, compensation for any special damage sustained as a result of the discrimination, and, where appropriate, punitive damages. In addition, the employer shall pay litigation costs and reasonable attorneys' fees. An employee, contractor or agent may bring an action in the Superior Court for the relief provided in this subsection. (d) An employee, contractor or agent who is discharged, demoted, suspended, harassed, denied promotion, or in any other manner discriminated against in the terms and conditions of employment by the employer because of participation in conduct that directly or indirectly resulted in a false claim being submitted to the Government is entitled to the remedies under subsection (c) only if the employee, contractor or agent disclosed information to a government or law enforcement agency or acted in furtherance of a false claims action, including investigation for, initiation of, testimony for, or assistance in an action filed or to be filed or made other lawful efforts to stop a violation of this subchapter. History: Added July 15, 2014, No. 7633, § 1, Sess. L. 2014, p. 184, 185.

Guilty Verdict (a) A civil action under section 3504 may not be filed more than three years after the date of discovery by the Attorney General or, in any event, not more than 10 years after the date on which the violation of section 3503 was committed. (b) In any action brought under section 3504, the Government, or the qui tam plaintiff is required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence. (c) Notwithstanding any other law, a guilty verdict rendered in a criminal proceeding charging false statements or fraud, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, estops the defendant from denying the essential elements of the offense in any action that involves the same transaction as in the criminal proceeding and which is brought under section 3504. History: Added July 15, 2014, No. 7633, § 1, Sess. L. 2014, p. 185, 186.

The provisions of this chapter are not exclusive, and the remedies provided for in this chapter are in addition to any other remedies provided for in any other law or available under common law. History: Added July 15, 2014, No. 7633, § 1, Sess. L. 2014, p. 186.

(a) The False Claims Act Fund is established in Treasury of the Virgin Islands as a separate and distinct fund administered by the Commissioner of the Department of Finance. (b) Proceeds from the action or settlement of the claim by the Attorney General pursuant to this chapter must be deposited into this fund. (c) Moneys in this fund, upon appropriation by the Legislature, may be used by the Attorney General exclusively to support the ongoing investigation and prosecution of false claims in furtherance of this chapter. (d) Monies in the Fund do not revert to the General Fund at the end of any fiscal year, but remain available for the purposes set forth in subsection (c), subject to authorization and appropriation by the Legislature. (e) Whenever the balance in the Fund equals or exceeds $2,000,000, the Commissioner of Finance shall deposit the excess amounts into the General Fund. (f) The Inspector General shall audit the Fund annually. History: Added July 15, 2014, No. 7633, § 1, Sess. L. 2014, p. 186.

(a) This chapter must be liberally construed and applied to promote its remedial and deterrent purposes. If any provision of this chapter or the application of the provision to any person or circumstance is held to be invalid by a court of competent jurisdiction, the determination of invalidity does not affect, impair of invalidate other provisions of this chapter or the application of the other provisions which can be given effect without the invalid provision or application. History: Added July 15, 2014, No. 7633, § 1, Sess. L. 2014, p. 186, 187.

History: Repealed. July 17, 1972, No. 3263, § 4, Sess. L. 1972, p. 220.