18.2-204.3 - Transfers for the sole or primary purpose of obtaining a lower unemployment tax rate; penalty.
§ 18.2-204.3. Transfers for the sole or primary purpose of obtaining a lowerunemployment tax rate; penalty.
A. Any person who transfers or attempts to transfer any trade or business toanother person, where the sole or primary purpose of the transfer is toobtain a lower unemployment tax rate, is guilty of a Class 1 misdemeanor.
B. Any person who knowingly advises another person to transfer any trade orbusiness to another person where the sole or primary purpose of the transferis to obtain a lower unemployment tax rate, is guilty of a Class 1misdemeanor.
C. Any person who is found guilty of more than two such actions undersubsections A or B is guilty of a Class 6 felony.
D. It shall be the duty of the attorney for the Commonwealth to whom theCommission shall report, pursuant to subsection B of § 60.2-500, anyviolation of this section, to determine whether to proceed with prosecution.
(2005, cc. 47, 91.)