58.1-3523 - Definitions.
§ 58.1-3523. Definitions.
As used in this chapter:
"Commissioner of the revenue" means the same as that set forth in §58.1-3100. For purposes of this chapter, in a county or city which does nothave an elected commissioner of the revenue, "commissioner of the revenue"means the officer who is primarily responsible for assessing motor vehiclesfor the purposes of tangible personal property taxation.
"Department" means the Department of Motor Vehicles.
"Effective tax rate" means the tax rate imposed by a locality on tangiblepersonal property multiplied by any assessment ratio in effect.
"Leased" means leased by a natural person as lessee and used fornonbusiness purposes.
"Privately owned" means owned by a natural person and used for nonbusinesspurposes.
"Qualifying vehicle" means any passenger car, motorcycle, and pickup orpanel truck, as those terms are defined in § 46.2-100, that is determined bythe commissioner of the revenue of the county or city in which the vehiclehas situs as provided by § 58.1-3511 to be (i) privately owned; (ii) leasedpursuant to a contract requiring the lessee to pay the tangible personalproperty tax on such vehicle; or (iii) held in a private trust fornonbusiness purposes. In determining whether a vehicle is a qualifyingvehicle, the commissioner of revenue must rely on the registration of suchvehicle with the Department pursuant to Chapter 6 (§ 46.2-600 et seq.) ofTitle 46.2 or, for leased vehicles, the information of the Departmentpursuant to subsections B and C of § 46.2-623, unless the commissioner of therevenue has information that the Department's information is incorrect, or tothe extent that the Department's information is incomplete. For purposes ofthis chapter, all-terrain vehicles and off-road motorcycles titled with theDepartment of Motor Vehicles shall not be deemed qualifying vehicles.
"Tangible personal property tax" means the tax levied pursuant to Article 1(§ 58.1-3500 et seq.) of Chapter 35 of Title 58.1.
"Tax year" means the 12-month period beginning in the calendar year forwhich tangible personal property taxes are imposed.
"Treasurer" means the same as that set forth in § 58.1-3123, when usedherein with respect to a county or city. When used herein with respect to atown, "treasurer" means the officer who is primarily responsible for thebilling and collection of tangible personal property taxes levied upon motorvehicles by such town, and means the treasurer of the county or counties inwhich such town is located if such functions are performed for the town bythe county treasurer or treasurers.
"Used for nonbusiness purposes" means the preponderance of use is for otherthan business purposes. The preponderance of use for other than businesspurposes shall be deemed not to be satisfied if: (i) the motor vehicle isexpensed on the taxpayer's federal income tax return pursuant to InternalRevenue Code § 179; (ii) more than 50 percent of the basis for depreciationof the motor vehicle is depreciated for federal income tax purposes; or (iii)the allowable expense of total annual mileage in excess of 50 percent isdeductible for federal income tax purposes or reimbursed pursuant to anarrangement between an employer and employee.
"Value" means the fair market value determined by the method prescribed in§ 58.1-3503 and used by the locality in valuing the qualifying vehicle.
(1998, Sp. Sess. I, c. 2; 1999, c. 189; 2004, Sp. Sess. I, c. 1; 2006, c.896; 2007, cc. 314, 815; 2010, c. 499.)