For the purpose of this section: “Automotive manufacturer” means the entire worldwide affiliated group as defined in § 58.1-3700.1, as of July 31, 2007, if at least one member of the worldwide affiliated group is an automotive manufacturer, as classified under the 2007 North American Industry Classification System Codes 3361, 3362, and 3363 in effect as of December 31, 2007. “Company vehicles” means the following vehicles owned or operated by an automotive manufacturer having its headquarters in Virginia:
1. Vehicles used for sales or service training, advertising, public relations, quality control, and emissions or other testing and/or evaluation purposes;
2. Vehicles used for headquarters-related purposes, including but not necessarily limited to use by visiting executives or employees;
3. Vehicles provided for use by eligible headquarters employees or their eligible family members in compliance with established corporate policies as may from time to time be in effect, but not more than four vehicles may be leased for the benefit of any eligible headquarters employee at any one time; and
4. All other vehicles deemed by the automotive manufacturer to serve a headquarters function, but excluding any vehicles provided for use by eligible headquarters employees or their eligible family members in compliance with established corporate policies. “Family members” means the spouse of an employee, and the children and parents of an employee or an employee’s spouse. “Headquarters” means a facility at which company employees are physically employed and at which the majority of the company’s financial, personnel, legal, or planning functions are handled either on a regional or national basis. Each automotive manufacturer having its headquarters in the Commonwealth shall be issued a motor vehicle dealer license or equivalent permit by the Commissioner. Such license or permit shall authorize the automotive manufacturer to dispose of company vehicles using a manufacturer’s certificate of origin, but if disposed of within the Commonwealth of Virginia, such vehicles may only be transferred to a new motor vehicle dealer holding a franchise for the automotive manufacturer’s line-make, provided each vehicle is transferred with a designation indicating that it is not a new motor vehicle as defined in § 46.2-1500. The automotive manufacturer and its affiliates may sell used motor vehicles directly to its lessees. An automotive manufacturer having its headquarters in the Commonwealth may obtain a title for any company vehicle, but issuance of any such title shall be exempt from all fees except for the fee for issuance of a certificate of title as provided in § 46.2-627. All company vehicles used as provided in this section may be driven using license plates issued and affixed as provided in Article 5 (§ 46.2-1545.1 et seq.) of Chapter 15. All such vehicles shall be classified as merchants’ capital and subject to merchants’ capital tax pursuant to Article 3 (§ 58.1-3509 et seq.) of Chapter 35 of Title 58.1.