{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/58.1-3507.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/58.1-3507.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/58.1-3507.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/58.1-3507.html"}],"law_id":79478,"edition_id":1,"section_id":79478,"structure_id":15428,"section_number":"58.1-3507","catch_line":"Certain machinery and tools segregated for local taxation only; notice prior to change in valuation, hearing","history":"Code 1950, \u00a7\u00a7 58-405, 58-831; 1979, c. 351; 1980, c. 412; 1981, c. 145; 1982, c. 633; 1983, cc. 552, 555; 1984, cc. 150, 675, 679, 680; 1985, c. 221; 1992, c. 680; 1993, cc. 78, 866; 1999, c. 396; 2005, c. 108; 2007, cc. 159, 191; 2020, c. 789.","full_text":"A\n\nMachinery and tools, except idle machinery and tools as defined in subsection D and machinery and equipment used by farm wineries as defined in § 4.1-100, used in a manufacturing, mining, water well drilling, processing or reprocessing, radio or television broadcasting, dairy, dry cleaning or laundry business, or a business primarily engaged in advanced recycling, as defined in § 58.1-439.7, shall be listed and are hereby segregated as a class of tangible personal property separate from all other classes of property and shall be subject to local taxation only. The rate of tax imposed by a county, city, or town on such machinery and tools shall not exceed the rate imposed upon the general class of tangible personal property. Idle machinery and tools are taxable as capital under § 58.1-1101.B\n\nMachinery and tools segregated for local taxation pursuant to subsection A, other than energy conservation equipment of manufacturers, shall be valued by means of depreciated cost or a percentage or percentages of original total capitalized cost excluding capitalized interest. In valuing machinery and tools, the commissioner of the revenue shall, upon the written request of the taxpayer, consider any bona fide, independent appraisal presented by the taxpayer.\n\t\t\tWhenever the commissioner of the revenue proposes to change the means of valuing machinery and tools, such proposed change shall be published in a newspaper having general circulation in the affected locality at least 30 days before the proposed change would take effect and the citizens of the locality shall be allowed to submit written comments, during the 30-day period, to the commissioner of the revenue regarding the proposed change.C\n\nAll motor vehicles which are registered pursuant to § 46.2-600 with the Department of Motor Vehicles and owned by persons engaged in those businesses set forth in subsection A shall be taxed as tangible personal property by the county, city, or town in accordance with the provisions of this chapter. All other motor vehicles and delivery equipment owned by persons engaged in those businesses set forth in subsection A shall be included in and taxed as machinery and tools.D\n\n“Idle machinery and tools” means machinery and tools that (i)(a) have been discontinued in use continuously for at least one year prior to any tax day or (b) on and after January 1, 2007, have been specifically identified in writing by the taxpayer to the commissioner of the revenue or other assessing official, on or before April 1 of such year, as machinery and tools that the taxpayer intends to withdraw from service not later than the next succeeding tax day and (ii) are not in use on the tax day and no reasonable prospect exists that such machinery and tools will be returned to use during the tax year.E\n\nIn the event that any machinery and tools taken out of use subsequent to January 1, 2007, are returned to use after having been previously classified as idle machinery and tools pursuant to clause (i)(b) of subsection D, the taxpayer shall identify such machinery and tools to the commissioner of the revenue or other assessing official in writing on or before the next return due date without extension, and such machinery and tools shall be subject to tax in accordance with the procedures provided in § 58.1-3903 in the same manner as if such machinery and tools had been in use on the tax day of the year in which such return to use occurs. Any interest otherwise payable pursuant to applicable law or ordinance shall apply to taxes imposed pursuant to this subsection and paid after the due date, without regard to the fault of the taxpayer or lack thereof. Notwithstanding the provisions of § 58.1-3903, if the taxpayer has provided timely written notice of return to use in accordance with the provisions of this subsection, no penalty shall be levied with respect to any tax liability arising as a result of the return to use of machinery and tools classified as idle and actually idle prior to such return to use.F\n\nThe Department of Taxation shall promulgate guidelines for the use of local governments in applying the provisions of this section related to idle machinery and tools. In preparing such guidelines, the Department shall not be subject to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) for guidelines promulgated on or before January 1, 2008, but shall cooperate with and seek the counsel of local officials and interested groups. After January 1, 2008, such guidelines shall be accorded the weight of a regulation under § 58.1-205 and any amendments to such guidelines shall be subject to the Administrative Process Act.G\n\nThe Tax Commissioner shall have the authority to issue advisory written opinions in specific cases to interpret the provisions of this section related to idle machinery and tools and the guidelines issued pursuant to subsection F; however, the Tax Commissioner shall not be required to interpret any local ordinance. The guidelines and opinions issued pursuant to this section shall not be applicable as an interpretation of any other tax law.","order_by":null,"text":{"0":{"id":284715,"text":"Machinery and tools, except idle machinery and tools as defined in subsection D and machinery and equipment used by farm wineries as defined in § 4.1-100, used in a manufacturing, mining, water well drilling, processing or reprocessing, radio or television broadcasting, dairy, dry cleaning or laundry business, or a business primarily engaged in advanced recycling, as defined in § 58.1-439.7, shall be listed and are hereby segregated as a class of tangible personal property separate from all other classes of property and shall be subject to local taxation only. The rate of tax imposed by a county, city, or town on such machinery and tools shall not exceed the rate imposed upon the general class of tangible personal property. Idle machinery and tools are taxable as capital under § 58.1-1101.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":284716,"text":"Machinery and tools segregated for local taxation pursuant to subsection A, other than energy conservation equipment of manufacturers, shall be valued by means of depreciated cost or a percentage or percentages of original total capitalized cost excluding capitalized interest. In valuing machinery and tools, the commissioner of the revenue shall, upon the written request of the taxpayer, consider any bona fide, independent appraisal presented by the taxpayer.\n\t\t\tWhenever the commissioner of the revenue proposes to change the means of valuing machinery and tools, such proposed change shall be published in a newspaper having general circulation in the affected locality at least 30 days before the proposed change would take effect and the citizens of the locality shall be allowed to submit written comments, during the 30-day period, to the commissioner of the revenue regarding the proposed change.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":284717,"text":"All motor vehicles which are registered pursuant to § 46.2-600 with the Department of Motor Vehicles and owned by persons engaged in those businesses set forth in subsection A shall be taxed as tangible personal property by the county, city, or town in accordance with the provisions of this chapter. All other motor vehicles and delivery equipment owned by persons engaged in those businesses set forth in subsection A shall be included in and taxed as machinery and tools.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":284718,"text":"“Idle machinery and tools” means machinery and tools that (i)(a) have been discontinued in use continuously for at least one year prior to any tax day or (b) on and after January 1, 2007, have been specifically identified in writing by the taxpayer to the commissioner of the revenue or other assessing official, on or before April 1 of such year, as machinery and tools that the taxpayer intends to withdraw from service not later than the next succeeding tax day and (ii) are not in use on the tax day and no reasonable prospect exists that such machinery and tools will be returned to use during the tax year.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":284719,"text":"In the event that any machinery and tools taken out of use subsequent to January 1, 2007, are returned to use after having been previously classified as idle machinery and tools pursuant to clause (i)(b) of subsection D, the taxpayer shall identify such machinery and tools to the commissioner of the revenue or other assessing official in writing on or before the next return due date without extension, and such machinery and tools shall be subject to tax in accordance with the procedures provided in § 58.1-3903 in the same manner as if such machinery and tools had been in use on the tax day of the year in which such return to use occurs. Any interest otherwise payable pursuant to applicable law or ordinance shall apply to taxes imposed pursuant to this subsection and paid after the due date, without regard to the fault of the taxpayer or lack thereof. Notwithstanding the provisions of § 58.1-3903, if the taxpayer has provided timely written notice of return to use in accordance with the provisions of this subsection, no penalty shall be levied with respect to any tax liability arising as a result of the return to use of machinery and tools classified as idle and actually idle prior to such return to use.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":284720,"text":"The Department of Taxation shall promulgate guidelines for the use of local governments in applying the provisions of this section related to idle machinery and tools. In preparing such guidelines, the Department shall not be subject to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) for guidelines promulgated on or before January 1, 2008, but shall cooperate with and seek the counsel of local officials and interested groups. After January 1, 2008, such guidelines shall be accorded the weight of a regulation under § 58.1-205 and any amendments to such guidelines shall be subject to the Administrative Process Act.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":284721,"text":"The Tax Commissioner shall have the authority to issue advisory written opinions in specific cases to interpret the provisions of this section related to idle machinery and tools and the guidelines issued pursuant to subsection F; however, the Tax Commissioner shall not be required to interpret any local ordinance. The guidelines and opinions issued pursuant to this section shall not be applicable as an interpretation of any other tax law.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":15428,"edition_id":1,"name":"Machinery and Tools Tax","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":14766,"metadata":{},"date_created":"2026-06-26 03:54:54","date_modified":"2026-06-26 03:54:54","permalink":{"id":257799,"object_type":"structure","relational_id":15428,"identifier":"2","token":"58.1\/III\/35\/2","url":"\/58.1\/III\/35\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14766,"edition_id":1,"name":"Tangible Personal Property, Machinery and Tools and Merchants' Capital","identifier":"35","label":"chapter","depth":3,"order_by":1,"parent_id":12704,"metadata":{},"date_created":"2026-06-26 03:49:48","date_modified":"2026-06-26 03:49:48","permalink":{"id":257733,"object_type":"structure","relational_id":14766,"identifier":"35","token":"58.1\/III\/35","url":"\/58.1\/III\/35\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12704,"edition_id":1,"name":"Local Taxes","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12703,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":256459,"object_type":"structure","relational_id":12704,"identifier":"III","token":"58.1\/III","url":"\/58.1\/III\/","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":79478,"structure_id":15428,"section_number":"58.1-3507","catch_line":"Certain machinery and tools segregated for local taxation only; notice prior to change in valuation, hearing","url":"\/58.1-3507\/","token":"58.1\/III\/35\/2\/58.1-3507","metadata":false},{"id":58772,"structure_id":15428,"section_number":"58.1-3508","catch_line":"Separate classification and exemption from state taxation of machinery, tools and supplies used in harvesting forest products","url":"\/58.1-3508\/","token":"58.1\/III\/35\/2\/58.1-3508","metadata":false},{"id":71105,"structure_id":15428,"section_number":"58.1-3508.1","catch_line":"Separate classification of machinery and tools used in semiconductor manufacturing","url":"\/58.1-3508.1\/","token":"58.1\/III\/35\/2\/58.1-3508.1","metadata":false},{"id":73802,"structure_id":15428,"section_number":"58.1-3508.2","catch_line":"Separate classification of machinery and tools used in other businesses","url":"\/58.1-3508.2\/","token":"58.1\/III\/35\/2\/58.1-3508.2","metadata":false},{"id":79413,"structure_id":15428,"section_number":"58.1-3508.3","catch_line":"Separate classification of machinery and tools used directly in precision investment castings","url":"\/58.1-3508.3\/","token":"58.1\/III\/35\/2\/58.1-3508.3","metadata":false},{"id":79456,"structure_id":15428,"section_number":"58.1-3508.4","catch_line":"Separate classification of machinery and tools used in manufacturing or processing materials, components, or equipment for national defense","url":"\/58.1-3508.4\/","token":"58.1\/III\/35\/2\/58.1-3508.4","metadata":false},{"id":72519,"structure_id":15428,"section_number":"58.1-3508.5","catch_line":"Separate classification of machinery and tools used directly in cleaning motor vehicles","url":"\/58.1-3508.5\/","token":"58.1\/III\/35\/2\/58.1-3508.5","metadata":false},{"id":63026,"structure_id":15428,"section_number":"58.1-3508.6","catch_line":"Separate classification of machinery and tools used directly in producing or generating renewable energy","url":"\/58.1-3508.6\/","token":"58.1\/III\/35\/2\/58.1-3508.6","metadata":false}],"next_section":{"id":58772,"structure_id":15428,"section_number":"58.1-3508","catch_line":"Separate classification and exemption from state taxation of machinery, tools and supplies used in harvesting forest products","url":"\/58.1-3508\/","token":"58.1\/III\/35\/2\/58.1-3508","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/58.1-3507\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 13 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 1979, chapter 351; in 1980, chapter 412; in 1981, chapter 145; in 1982, chapter 633; in 1983, chapters 552 and 555; in 1984, chapters 150, 675, 679, and 680; in 1985, chapter 221; in 1992, chapter 680; in 1993, chapters 78 and 866; in 1999, chapter 396<\/a>; in 2005, chapter 108<\/a>; in 2007, chapters 159<\/a> and 191<\/a>; in 2020, chapter 789<\/a>.<\/p>","references":[{"id":85777,"section_number":"58.1-1101","catch_line":"Classification","order_by":null,"url":"\/58.1-1101\/"},{"id":84228,"section_number":"58.1-3506","catch_line":"Other classifications of tangible personal property for taxation","order_by":null,"url":"\/58.1-3506\/"},{"id":58772,"section_number":"58.1-3508","catch_line":"Separate classification and exemption from state taxation of machinery, tools and supplies used in harvesting forest products","order_by":null,"url":"\/58.1-3508\/"},{"id":71105,"section_number":"58.1-3508.1","catch_line":"Separate classification of machinery and tools used in semiconductor manufacturing","order_by":null,"url":"\/58.1-3508.1\/"},{"id":73802,"section_number":"58.1-3508.2","catch_line":"Separate classification of machinery and tools used in other businesses","order_by":null,"url":"\/58.1-3508.2\/"},{"id":79413,"section_number":"58.1-3508.3","catch_line":"Separate classification of machinery and tools used directly in precision investment castings","order_by":null,"url":"\/58.1-3508.3\/"},{"id":79456,"section_number":"58.1-3508.4","catch_line":"Separate classification of machinery and tools used in manufacturing or processing materials, components, or equipment for national defense","order_by":null,"url":"\/58.1-3508.4\/"},{"id":72519,"section_number":"58.1-3508.5","catch_line":"Separate classification of machinery and tools used directly in cleaning motor vehicles","order_by":null,"url":"\/58.1-3508.5\/"},{"id":63026,"section_number":"58.1-3508.6","catch_line":"Separate classification of machinery and tools used directly in producing or generating renewable energy","order_by":null,"url":"\/58.1-3508.6\/"},{"id":76621,"section_number":"58.1-3661","catch_line":"Certified solar energy equipment, facilities, or devices and certified recycling equipment, facilities, or devices","order_by":null,"url":"\/58.1-3661\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":55602,"section_number":"4.1-100","catch_line":"Definitions","order_by":null,"url":"\/4.1-100\/"},{"id":87484,"section_number":"46.2-600","catch_line":"Owner to secure registration and certificate of title or certificate of ownership","order_by":null,"url":"\/46.2-600\/"},{"id":74390,"section_number":"58.1-205","catch_line":"Effect of regulations, rulings, etc., and administrative interpretations","order_by":null,"url":"\/58.1-205\/"},{"id":75357,"section_number":"58.1-3903","catch_line":"Omitted local taxes or levies","order_by":null,"url":"\/58.1-3903\/"},{"id":55856,"section_number":"58.1-439.7","catch_line":"Tax credit for purchase of machinery and equipment used for advanced recycling and processing recyclable materials","order_by":null,"url":"\/58.1-439.7\/"}],"permalink":{"id":257801,"object_type":"law","relational_id":79478,"identifier":"58.1-3507","token":"58.1\/III\/35\/2\/58.1-3507","url":"\/58.1-3507\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/58.1-3507\/","token":"58.1\/III\/35\/2\/58.1-3507","dublin_core":{"Title":"Certain machinery and tools segregated for local taxation only; notice prior to change in valuation, hearing","Type":"Text","Format":"text\/html","Identifier":"\u00a7 58.1-3507","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Machinery and tools, except idle machinery and tools<\/span> as defined in subsection D and machinery and equipment used by farm wineries as defined in § 4.1-100<\/a>, used in a manufacturing, mining, water well drilling, processing or reprocessing, radio or television broadcasting, dairy, dry cleaning or laundry business, or a business primarily engaged in advanced recycling, as defined in § 58.1-439.7<\/a>, shall be listed and are hereby segregated as a class of tangible personal property separate from all other classes of property and shall be subject to local taxation only. The rate of tax imposed by a county, city, or town on such machinery and tools shall not exceed the rate imposed upon the general class of tangible personal property. Idle machinery and tools<\/span> are taxable as capital under § 58.1-1101<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Machinery and tools segregated for local taxation pursuant to subsection A, other than energy conservation equipment of manufacturers, shall be valued by means of depreciated cost or a percentage or percentages of original total capitalized cost excluding capitalized interest. In valuing machinery and tools, the commissioner of the revenue shall, upon the written request of the taxpayer<\/span>, consider any bona fide, independent appraisal presented by the taxpayer<\/span>.\n\t\t\tWhenever the commissioner of the revenue proposes to change the means of valuing machinery and tools, such proposed change shall be published in a newspaper having general circulation in the affected locality at least 30 days before the proposed change would take effect and the citizens of the locality shall be allowed to submit written comments, during the 30-day period, to the commissioner of the revenue regarding the proposed change. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> All motor vehicles which are registered pursuant to § 46.2-600<\/a> with the Department<\/span> of Motor Vehicles and owned by persons engaged in those businesses set forth in subsection A shall be taxed as tangible personal property by the county, city, or town in accordance with the provisions of this chapter. All other motor vehicles and delivery equipment owned by persons engaged in those businesses set forth in subsection A shall be included in and taxed as machinery and tools. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> “Idle machinery and tools<\/span>” means machinery and tools that (i)(a) have been discontinued in use continuously for at least one year prior to any tax day or (b) on and after January 1, 2007, have been specifically identified in writing by the taxpayer<\/span> to the commissioner of the revenue or other assessing official, on or before April 1 of such year, as machinery and tools that the taxpayer<\/span> intends to withdraw from service not later than the next succeeding tax day and (ii) are not in use on the tax day and no reasonable prospect exists that such machinery and tools will be returned to use during the tax year. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In the event that any machinery and tools taken out of use subsequent to January 1, 2007, are returned to use after having been previously classified as idle machinery and tools<\/span> pursuant to clause (i)(b) of subsection D, the taxpayer<\/span> shall identify such machinery and tools to the commissioner of the revenue or other assessing official in writing on or before the next return due date without extension, and such machinery and tools shall be subject to tax in accordance with the procedures provided in § 58.1-3903<\/a> in the same manner as if such machinery and tools had been in use on the tax day of the year in which such return to use occurs. Any interest otherwise payable pursuant to applicable law<\/span> or ordinance<\/span> shall apply to taxes imposed pursuant to this subsection and paid after the due date, without regard to the fault of the taxpayer<\/span> or lack thereof. Notwithstanding the provisions of § 58.1-3903<\/a>, if the taxpayer<\/span> has provided timely written notice of return to use in accordance with the provisions of this subsection, no penalty<\/span> shall be levied with respect to any tax liability arising as a result of the return to use of machinery and tools classified as idle and actually idle prior to such return to use. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Department<\/span> of Taxation shall promulgate guidelines for the use of local governments in applying the provisions of this section related to idle machinery and tools<\/span>. In preparing such guidelines, the Department<\/span> shall not be subject to the provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.) for guidelines promulgated on or before January 1, 2008, but shall cooperate with and seek the counsel<\/span> of local officials and interested groups. After January 1, 2008, such guidelines shall be accorded the weight of a regulation under § 58.1-205<\/a> and any amendments to such guidelines shall be subject to the Administrative Process Act. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The Tax Commissioner<\/span> shall have the authority to issue<\/span> advisory written opinions<\/span> in specific cases to interpret the provisions of this section related to idle machinery and tools<\/span> and the guidelines issued pursuant to subsection F; however, the Tax Commissioner<\/span> shall not be required to interpret any local ordinance<\/span>. The guidelines and opinions<\/span> issued pursuant to this section shall not be applicable as an interpretation of any other tax law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTAIN MACHINERY AND TOOLS SEGREGATED FOR LOCAL TAXATION ONLY; NOTICE PRIOR TO\nCHANGE IN VALUATION, HEARING (\u00a7 58.1-3507)\n\nA. Machinery and tools, except idle machinery and tools as defined in subsection\nD and machinery and equipment used by farm wineries as defined in §\n4.1-100, used in a manufacturing, mining, water well drilling, processing or\nreprocessing, radio or television broadcasting, dairy, dry cleaning or laundry\nbusiness, or a business primarily engaged in advanced recycling, as defined in\n§ 58.1-439.7, shall be listed and are hereby segregated as a class of\ntangible personal property separate from all other classes of property and shall\nbe subject to local taxation only. The rate of tax imposed by a county, city, or\ntown on such machinery and tools shall not exceed the rate imposed upon the\ngeneral class of tangible personal property. Idle machinery and tools are\ntaxable as capital under § 58.1-1101.\n\nB. Machinery and tools segregated for local taxation pursuant to subsection A,\nother than energy conservation equipment of manufacturers, shall be valued by\nmeans of depreciated cost or a percentage or percentages of original total\ncapitalized cost excluding capitalized interest. In valuing machinery and tools,\nthe commissioner of the revenue shall, upon the written request of the taxpayer,\nconsider any bona fide, independent appraisal presented by the taxpayer.\n\t\t\tWhenever the commissioner of the revenue proposes to change the means of\nvaluing machinery and tools, such proposed change shall be published in a\nnewspaper having general circulation in the affected locality at least 30 days\nbefore the proposed change would take effect and the citizens of the locality\nshall be allowed to submit written comments, during the 30-day period, to the\ncommissioner of the revenue regarding the proposed change.\n\nC. All motor vehicles which are registered pursuant to § 46.2-600 with the\nDepartment of Motor Vehicles and owned by persons engaged in those businesses\nset forth in subsection A shall be taxed as tangible personal property by the\ncounty, city, or town in accordance with the provisions of this chapter. All\nother motor vehicles and delivery equipment owned by persons engaged in those\nbusinesses set forth in subsection A shall be included in and taxed as machinery\nand tools.\n\nD. “Idle machinery and tools” means machinery and tools that (i)(a)\nhave been discontinued in use continuously for at least one year prior to any\ntax day or (b) on and after January 1, 2007, have been specifically identified\nin writing by the taxpayer to the commissioner of the revenue or other assessing\nofficial, on or before April 1 of such year, as machinery and tools that the\ntaxpayer intends to withdraw from service not later than the next succeeding tax\nday and (ii) are not in use on the tax day and no reasonable prospect exists\nthat such machinery and tools will be returned to use during the tax year.\n\nE. In the event that any machinery and tools taken out of use subsequent to\nJanuary 1, 2007, are returned to use after having been previously classified as\nidle machinery and tools pursuant to clause (i)(b) of subsection D, the taxpayer\nshall identify such machinery and tools to the commissioner of the revenue or\nother assessing official in writing on or before the next return due date\nwithout extension, and such machinery and tools shall be subject to tax in\naccordance with the procedures provided in § 58.1-3903 in the same manner\nas if such machinery and tools had been in use on the tax day of the year in\nwhich such return to use occurs. Any interest otherwise payable pursuant to\napplicable law or ordinance shall apply to taxes imposed pursuant to this\nsubsection and paid after the due date, without regard to the fault of the\ntaxpayer or lack thereof. Notwithstanding the provisions of § 58.1-3903, if\nthe taxpayer has provided timely written notice of return to use in accordance\nwith the provisions of this subsection, no penalty shall be levied with respect\nto any tax liability arising as a result of the return to use of machinery and\ntools classified as idle and actually idle prior to such return to use.\n\nF. The Department of Taxation shall promulgate guidelines for the use of local\ngovernments in applying the provisions of this section related to idle machinery\nand tools. In preparing such guidelines, the Department shall not be subject to\nthe provisions of the Administrative Process Act (§ 2.2-4000 et seq.) for\nguidelines promulgated on or before January 1, 2008, but shall cooperate with\nand seek the counsel of local officials and interested groups. After January 1,\n2008, such guidelines shall be accorded the weight of a regulation under §\n58.1-205 and any amendments to such guidelines shall be subject to the\nAdministrative Process Act.\n\nG. The Tax Commissioner shall have the authority to issue advisory written\nopinions in specific cases to interpret the provisions of this section related\nto idle machinery and tools and the guidelines issued pursuant to subsection F;\nhowever, the Tax Commissioner shall not be required to interpret any local\nordinance. The guidelines and opinions issued pursuant to this section shall not\nbe applicable as an interpretation of any other tax law.\n\nHISTORY: Code 1950, \u00a7\u00a7 58-405, 58-831; 1979, c. 351; 1980, c. 412; 1981, c.\n145; 1982, c. 633; 1983, cc. 552, 555; 1984, cc. 150, 675, 679, 680; 1985, c.\n221; 1992, c. 680; 1993, cc. 78, 866; 1999, c. 396; 2005, c. 108; 2007, cc. 159,\n191; 2020, c. 789.","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}}