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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>64278</law_id><section_number>33.2-2105</section_number><catch_line>Annual special improvements tax; use of revenues</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>33.2-2101</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="33.2">Highways and Other Surface Transportation Systems</unit><unit label="subtitle" level="2" order_by="1" identifier="IV">Local and Regional Transportation</unit><unit label="chapter" level="3" order_by="1" identifier="21">Transportation Districts Within Certain Counties</unit></structure><text>
						<section><p>Upon the written request of the <span class="dictionary">commission</span> made to the <span class="dictionary">governing body</span>, the <span class="dictionary">governing body</span> may <span class="dictionary">levy</span> and collect an annual special improvements tax on taxable real estate zoned for commercial or industrial use or used for such purposes and taxable leasehold interests in that portion of the improvement <span class="dictionary">district</span> within its <span class="dictionary">jurisdiction</span>. For the purposes of this chapter, real property that is zoned to permit multiunit residential use but not yet used for that purpose and multiunit residential real property that is primarily leased or rented to residential tenants or other occupants by an <span class="dictionary">owner</span> who is engaged in such a business shall be deemed to be property in commercial use and therefore subject to the special improvements tax authorized by this section. Notwithstanding the provisions of Article 4 (&#xA7;&#xA0;<a class="law" title="Repealed" href="/58.1-3229/">58.1-3229</a> et seq.) of Chapter 32 of Title 58.1, the tax shall be levied on the assessed fair market value of the taxable real property. The rate of the special improvements tax shall not be more than 40 cents ($0.40) per $100 of the assessed fair market value of any taxable real estate or the assessable value of taxable leasehold property as specified by &#xA7;&#xA0;<a class="law" title="Taxation of certain leasehold interests; concessions" href="/58.1-3203/">58.1-3203</a>; however, if all the <span class="dictionary">owners</span> in any <span class="dictionary">district</span> so request in writing, this limitation on rate shall not apply. Such special improvements taxes shall be collected at the same time and in the same manner as the <span class="dictionary">county</span>&#x2019;s taxes are collected, and the proceeds shall be kept in a separate account. The effective date of the initial <span class="dictionary">levy</span> shall be, at the discretion of the <span class="dictionary">governing body</span>, either (i) January 1 of the year following adoption of the resolution creating the <span class="dictionary">district</span> or (ii) on a prorated basis for the period from the date when the special improvements tax was first imposed through the remainder of the year. All <span class="dictionary">revenues</span> received by the <span class="dictionary">county</span> pursuant to such taxes shall be paid to or at the direction of the <span class="dictionary">district</span> <span class="dictionary">commission</span> for its use pursuant to this chapter. All <span class="dictionary">revenues</span> generated from the annual special improvements taxes levied by the <span class="dictionary">governing body</span> pursuant to this section shall be deemed to be contributions of that <span class="dictionary">governing body</span> in any transportation <span class="dictionary">cost</span>-sharing formula.</p></section></text><history>2001, c. 611, &#xA7; 33.1-435; 2004, c. 792; 2014, c. 805.</history><metadata></metadata></law>
