{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/58.1-2405.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/58.1-2405.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/58.1-2405.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/58.1-2405.html"}],"law_id":66929,"edition_id":1,"section_id":66929,"structure_id":14423,"section_number":"58.1-2405","catch_line":"Basis of tax","history":"Code 1950, \u00a7 58-685.15; 1966, c. 587; 1974, c. 477; 1984, c. 675; 2003, c. 328; 2015, c. 615; 2025, c. 80.","full_text":"A\n\nIn the case of the sale or use of a motor vehicle upon which the pricing information is required by federal law to be posted, the Commissioner may collect the tax upon the basis of the total sale price shown on such document; however, if the Commissioner is satisfied that the purchaser has paid less than such price, by such evidence as the Commissioner may require, he may assess and collect the tax upon the basis of the sale price so found by him. In no case shall such lesser price include credits for trade-in or any other transaction of such nature.B\n\nIn the case of the sale or use of a motor vehicle which is not a new motor vehicle, the Commissioner may employ such publications, sources of information, and other data as are customarily employed in ascertaining the maximum sale price of such used motor vehicles but in no case shall any credit be allowed for trade-in, prior rental or any other transaction of like nature.C\n\nIn the case of the sale or use of a motor vehicle, which is not a new motor vehicle, between individuals who are not required to be licensed as dealers or salespersons under the provisions of § 46.2-1508, the Commissioner may collect the tax upon the basis of the total sale price as established by such evidence as the Commissioner may require; provided that if such motor vehicle is no more than five years old and is listed in a recognized pricing guide, the total sale price shall not be less than the value listed in such pricing guide for such vehicle, less an allowance of $1,500, unless the purchaser shall execute an affidavit under penalty of perjury stating a lesser total sale price and declaring such sale or use to be a bona fide transaction for full value. In using a recognized pricing guide, the Commissioner shall use the trade-in value specified in such guide, with no additions for optional equipment or subtractions for mileage, so long as uniformly applied for all types of motor vehicles. In no case shall any credit be allowed for trade-in, prior rental, or any other transaction of like nature.D\n\nIn the case of a person who is applying for a title to an abandoned motor vehicle pursuant to § 46.2-1202.2 that (i) is in such person’s possession and (ii) did not sell at auction, the Commissioner may employ such publications, sources of information, and other data as are customarily employed in ascertaining the maximum sales price of such motor vehicle.","order_by":null,"text":{"0":{"id":242653,"text":"In the case of the sale or use of a motor vehicle upon which the pricing information is required by federal law to be posted, the Commissioner may collect the tax upon the basis of the total sale price shown on such document; however, if the Commissioner is satisfied that the purchaser has paid less than such price, by such evidence as the Commissioner may require, he may assess and collect the tax upon the basis of the sale price so found by him. In no case shall such lesser price include credits for trade-in or any other transaction of such nature.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":242654,"text":"In the case of the sale or use of a motor vehicle which is not a new motor vehicle, the Commissioner may employ such publications, sources of information, and other data as are customarily employed in ascertaining the maximum sale price of such used motor vehicles but in no case shall any credit be allowed for trade-in, prior rental or any other transaction of like nature.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":242655,"text":"In the case of the sale or use of a motor vehicle, which is not a new motor vehicle, between individuals who are not required to be licensed as dealers or salespersons under the provisions of § 46.2-1508, the Commissioner may collect the tax upon the basis of the total sale price as established by such evidence as the Commissioner may require; provided that if such motor vehicle is no more than five years old and is listed in a recognized pricing guide, the total sale price shall not be less than the value listed in such pricing guide for such vehicle, less an allowance of $1,500, unless the purchaser shall execute an affidavit under penalty of perjury stating a lesser total sale price and declaring such sale or use to be a bona fide transaction for full value. In using a recognized pricing guide, the Commissioner shall use the trade-in value specified in such guide, with no additions for optional equipment or subtractions for mileage, so long as uniformly applied for all types of motor vehicles. In no case shall any credit be allowed for trade-in, prior rental, or any other transaction of like nature.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":242656,"text":"In the case of a person who is applying for a title to an abandoned motor vehicle pursuant to § 46.2-1202.2 that (i) is in such person’s possession and (ii) did not sell at auction, the Commissioner may employ such publications, sources of information, and other data as are customarily employed in ascertaining the maximum sales price of such motor vehicle.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14423,"edition_id":1,"name":"Virginia Motor Vehicle Sales and Use Tax","identifier":"24","label":"chapter","depth":3,"order_by":1,"parent_id":12730,"metadata":{},"date_created":"2026-06-26 03:48:06","date_modified":"2026-06-26 03:48:06","permalink":{"id":255857,"object_type":"structure","relational_id":14423,"identifier":"24","token":"58.1\/II\/24","url":"\/58.1\/II\/24\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12730,"edition_id":1,"name":"Taxes Administered by Other Agencies","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12703,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":255261,"object_type":"structure","relational_id":12730,"identifier":"II","token":"58.1\/II","url":"\/58.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12703,"edition_id":1,"name":"Taxation","identifier":"58.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":251959,"object_type":"structure","relational_id":12703,"identifier":"58.1","token":"58.1","url":"\/58.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":75504,"structure_id":14423,"section_number":"58.1-2400","catch_line":"Title","url":"\/58.1-2400\/","token":"58.1\/II\/24\/58.1-2400","metadata":false},{"id":66072,"structure_id":14423,"section_number":"58.1-2401","catch_line":"Definitions","url":"\/58.1-2401\/","token":"58.1\/II\/24\/58.1-2401","metadata":false},{"id":84100,"structure_id":14423,"section_number":"58.1-2402","catch_line":"(Contingent effective date) Levy","url":"\/58.1-2402\/","token":"58.1\/II\/24\/58.1-2402","metadata":false},{"id":61361,"structure_id":14423,"section_number":"58.1-2402.1","catch_line":"Repealed","url":"\/58.1-2402.1\/","token":"58.1\/II\/24\/58.1-2402.1","metadata":false},{"id":70726,"structure_id":14423,"section_number":"58.1-2403","catch_line":"Exemptions","url":"\/58.1-2403\/","token":"58.1\/II\/24\/58.1-2403","metadata":false},{"id":66122,"structure_id":14423,"section_number":"58.1-2404","catch_line":"Time for payment of tax on sale or use of a motor vehicle","url":"\/58.1-2404\/","token":"58.1\/II\/24\/58.1-2404","metadata":false},{"id":66929,"structure_id":14423,"section_number":"58.1-2405","catch_line":"Basis of tax","url":"\/58.1-2405\/","token":"58.1\/II\/24\/58.1-2405","metadata":false},{"id":72774,"structure_id":14423,"section_number":"58.1-2406","catch_line":"Collection of tax; estimate of tax","url":"\/58.1-2406\/","token":"58.1\/II\/24\/58.1-2406","metadata":false},{"id":81618,"structure_id":14423,"section_number":"58.1-2407","catch_line":"Repealed","url":"\/58.1-2407\/","token":"58.1\/II\/24\/58.1-2407","metadata":false},{"id":64523,"structure_id":14423,"section_number":"58.1-2411","catch_line":"Civil penalties upon failure to pay tax, etc","url":"\/58.1-2411\/","token":"58.1\/II\/24\/58.1-2411","metadata":false},{"id":81569,"structure_id":14423,"section_number":"58.1-2412","catch_line":"Repealed","url":"\/58.1-2412\/","token":"58.1\/II\/24\/58.1-2412","metadata":false},{"id":64644,"structure_id":14423,"section_number":"58.1-2418","catch_line":"Local sales and use taxes prohibited","url":"\/58.1-2418\/","token":"58.1\/II\/24\/58.1-2418","metadata":false},{"id":69189,"structure_id":14423,"section_number":"58.1-2419","catch_line":"Tax on sale to be separately stated","url":"\/58.1-2419\/","token":"58.1\/II\/24\/58.1-2419","metadata":false},{"id":80092,"structure_id":14423,"section_number":"58.1-2420","catch_line":"Examination of dealer's records, etc","url":"\/58.1-2420\/","token":"58.1\/II\/24\/58.1-2420","metadata":false},{"id":84448,"structure_id":14423,"section_number":"58.1-2421","catch_line":"Rules and regulations","url":"\/58.1-2421\/","token":"58.1\/II\/24\/58.1-2421","metadata":false},{"id":55780,"structure_id":14423,"section_number":"58.1-2422","catch_line":"Forwarding of tax information to law-enforcement officials","url":"\/58.1-2422\/","token":"58.1\/II\/24\/58.1-2422","metadata":false},{"id":74360,"structure_id":14423,"section_number":"58.1-2423","catch_line":"Refunds generally","url":"\/58.1-2423\/","token":"58.1\/II\/24\/58.1-2423","metadata":false},{"id":69936,"structure_id":14423,"section_number":"58.1-2423.1","catch_line":"Expired","url":"\/58.1-2423.1\/","token":"58.1\/II\/24\/58.1-2423.1","metadata":false},{"id":82020,"structure_id":14423,"section_number":"58.1-2424","catch_line":"Credits against tax","url":"\/58.1-2424\/","token":"58.1\/II\/24\/58.1-2424","metadata":false},{"id":81980,"structure_id":14423,"section_number":"58.1-2425","catch_line":"(Contingent effective date \u2014 see Acts 2013, c. 766) Disposition of revenues","url":"\/58.1-2425\/","token":"58.1\/II\/24\/58.1-2425","metadata":false},{"id":65527,"structure_id":14423,"section_number":"58.1-2426","catch_line":"Application to Commissioner for correction; appeal","url":"\/58.1-2426\/","token":"58.1\/II\/24\/58.1-2426","metadata":false}],"previous_section":{"id":66122,"structure_id":14423,"section_number":"58.1-2404","catch_line":"Time for payment of tax on sale or use of a motor vehicle","url":"\/58.1-2404\/","token":"58.1\/II\/24\/58.1-2404","metadata":false},"next_section":{"id":72774,"structure_id":14423,"section_number":"58.1-2406","catch_line":"Collection of tax; estimate of tax","url":"\/58.1-2406\/","token":"58.1\/II\/24\/58.1-2406","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/58.1-2405\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1966, chapter 587; in 1974, chapter 477; in 1984, chapter 675; in 2003, chapter 328<\/a>; in 2015, chapter 615<\/a>; in 2025, chapter 80<\/a>.<\/p>","references":[{"id":62278,"section_number":"58.1-3503","catch_line":"General classification of tangible personal property","order_by":null,"url":"\/58.1-3503\/"}],"refers_to":[{"id":63644,"section_number":"46.2-1202.2","catch_line":"Notice of intent to auction and sale of vehicle; posting requirements","order_by":null,"url":"\/46.2-1202.2\/"},{"id":76803,"section_number":"46.2-1508","catch_line":"Licenses required; penalty","order_by":null,"url":"\/46.2-1508\/"}],"permalink":{"id":255883,"object_type":"law","relational_id":66929,"identifier":"58.1-2405","token":"58.1\/II\/24\/58.1-2405","url":"\/58.1-2405\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/58.1-2405\/","token":"58.1\/II\/24\/58.1-2405","dublin_core":{"Title":"Basis of tax","Type":"Text","Format":"text\/html","Identifier":"\u00a7 58.1-2405","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In the case of the sale or use of a motor vehicle<\/span> upon which the pricing information is required by federal law<\/span> to be posted, the Commissioner<\/span> may collect the tax upon the basis of the total sale price<\/span> shown on such document; however, if the Commissioner<\/span> is satisfied that the purchaser has paid less than such price, by such evidence<\/span> as the Commissioner<\/span> may require, he may assess and collect the tax upon the basis of the sale price<\/span> so found by him. In no case shall such lesser price include credits for trade-in or any other transaction of such nature. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In the case of the sale or use of a motor vehicle<\/span> which is not a new motor vehicle<\/span>, the Commissioner<\/span> may employ such publications, sources of information, and other data as are customarily employed in ascertaining the maximum sale price<\/span> of such used motor vehicles<\/span> but in no case shall any credit be allowed for trade-in, prior rental or any other transaction of like nature. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In the case of the sale or use of a motor vehicle<\/span>, which is not a new motor vehicle<\/span>, between individuals who are not required to be licensed as dealers or salespersons under the provisions of § 46.2-1508<\/a>, the Commissioner<\/span> may collect the tax upon the basis of the total sale price<\/span> as established by such evidence<\/span> as the Commissioner<\/span> may require; provided that if such motor vehicle<\/span> is no more than five years old and is listed in a recognized pricing guide, the total sale price<\/span> shall not be less than the value listed in such pricing guide for such vehicle, less an allowance of $1,500, unless the purchaser shall execute an affidavit<\/span> under penalty<\/span> of perjury<\/span> stating a lesser total sale price<\/span> and declaring such sale or use to be a bona fide transaction for full value. In using a recognized pricing guide, the Commissioner<\/span> shall use the trade-in value specified in such guide, with no additions for optional equipment or subtractions for mileage, so long as uniformly applied for all types of motor vehicles<\/span>. In no case shall any credit be allowed for trade-in, prior rental, or any other transaction of like nature. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In the case of a person who is applying for a title to an abandoned motor vehicle<\/span> pursuant to § 46.2-1202.2<\/a> that (i) is in such person’s possession<\/span> and (ii) did not sell at auction, the Commissioner<\/span> may employ such publications, sources of information, and other data as are customarily employed in ascertaining the maximum sales<\/span> price of such motor vehicle<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBASIS OF TAX (\u00a7 58.1-2405)\n\nA. In the case of the sale or use of a motor vehicle upon which the pricing\ninformation is required by federal law to be posted, the Commissioner may\ncollect the tax upon the basis of the total sale price shown on such document;\nhowever, if the Commissioner is satisfied that the purchaser has paid less than\nsuch price, by such evidence as the Commissioner may require, he may assess and\ncollect the tax upon the basis of the sale price so found by him. In no case\nshall such lesser price include credits for trade-in or any other transaction of\nsuch nature.\n\nB. In the case of the sale or use of a motor vehicle which is not a new motor\nvehicle, the Commissioner may employ such publications, sources of information,\nand other data as are customarily employed in ascertaining the maximum sale\nprice of such used motor vehicles but in no case shall any credit be allowed for\ntrade-in, prior rental or any other transaction of like nature.\n\nC. In the case of the sale or use of a motor vehicle, which is not a new motor\nvehicle, between individuals who are not required to be licensed as dealers or\nsalespersons under the provisions of § 46.2-1508, the Commissioner may\ncollect the tax upon the basis of the total sale price as established by such\nevidence as the Commissioner may require; provided that if such motor vehicle is\nno more than five years old and is listed in a recognized pricing guide, the\ntotal sale price shall not be less than the value listed in such pricing guide\nfor such vehicle, less an allowance of $1,500, unless the purchaser shall\nexecute an affidavit under penalty of perjury stating a lesser total sale price\nand declaring such sale or use to be a bona fide transaction for full value. In\nusing a recognized pricing guide, the Commissioner shall use the trade-in value\nspecified in such guide, with no additions for optional equipment or\nsubtractions for mileage, so long as uniformly applied for all types of motor\nvehicles. In no case shall any credit be allowed for trade-in, prior rental, or\nany other transaction of like nature.\n\nD. In the case of a person who is applying for a title to an abandoned motor\nvehicle pursuant to § 46.2-1202.2 that (i) is in such person’s\npossession and (ii) did not sell at auction, the Commissioner may employ such\npublications, sources of information, and other data as are customarily employed\nin ascertaining the maximum sales price of such motor vehicle.\n\nHISTORY: Code 1950, \u00a7 58-685.15; 1966, c. 587; 1974, c. 477; 1984, c. 675;\n2003, c. 328; 2015, c. 615; 2025, c. 80.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}