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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>80281</law_id><section_number>58.1-1501</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>58.1-1505</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="58.1">Taxation</unit><unit label="subtitle" level="2" order_by="1" identifier="I">Taxes Administered by the Department of Taxation</unit><unit label="chapter" level="3" order_by="1" identifier="15">Virginia Aircraft Sales and Use Tax</unit></structure><text>
						<section><p>As used in this chapter, unless the context clearly shows otherwise, the term or phrase:
		&#x201C;<span class="dictionary">Aircraft</span>&#x201D; means any contrivance used or designed for untethered navigation or flight in the air by one or more persons at an altitude greater than twenty-four inches above the ground. Such term shall not include parachutes.
		&#x201C;<span class="dictionary">Dealer</span>&#x201D; means any person owning five or more <span class="dictionary">aircraft</span> during the calendar year who the Commissioner finds is in the regular business of selling <span class="dictionary">aircraft</span>.
		&#x201C;<span class="dictionary">Gross receipts</span>&#x201D; means the charges made or voluntary contributions received for the hourly rental and maintenance of an <span class="dictionary">aircraft</span>, all other charges for the use of an <span class="dictionary">aircraft</span> and, unless separately stated on the invoice, all charges for services of pilots or instructors in such <span class="dictionary">aircraft</span>. The term shall also include any amount by which the price estimated under &#xA7;&#xA0;<a class="law" title="Basis of tax; estimate of tax; penalty for misrepresentation" href="/58.1-1503/">58.1-1503</a> exceeds the charge actually made.
		&#x201C;<span class="dictionary">Retail sale</span>&#x201D; means a sale to a consumer or to any person for any purpose other than for resale. The term shall include any transaction the Commissioner, upon investigation, finds to be in lieu of a sale. <span class="dictionary">Sales</span> for resale must be made in strict compliance with any rules and regulations promulgated pursuant to this chapter.
		&#x201C;Sale&#x201D; means any transfer of ownership or <span class="dictionary">possession</span> of an <span class="dictionary">aircraft</span> by exchange or barter, lease or rental, conditional or otherwise, in any manner or by any means whatsoever. The term shall also include a transaction whereby <span class="dictionary">possession</span> is transferred but title is retained by the seller as security. The term shall not include a transfer of ownership or <span class="dictionary">possession</span> (i) made to secure payment of an obligation, (ii) incidental to repossession under a <span class="dictionary">lien</span> and under which ownership is transferred to the repossessor, his nominee or a trustee, pending ultimate <span class="dictionary">disposition</span> or sale of the <span class="dictionary">collateral</span>, (iii) as part of the sale of all or substantially all the <span class="dictionary">assets</span> of any business, or (iv) to trustees of a revocable inter vivos trust, when the owners of the <span class="dictionary">aircraft</span> and the beneficiaries of the trust are the same persons, regardless of whether other beneficiaries may also be named in the trust instrument, or transferred by trustees of such a trust to beneficiaries of the trust following the death of the grantor, when no consideration has passed between the grantor and the beneficiaries in either case.
		&#x201C;<span class="dictionary">Sale price</span>&#x201D; means the total price paid for an <span class="dictionary">aircraft</span> and all <span class="dictionary">attachments</span> thereon and accessories thereto, exclusive of any federal manufacturer&#x2019;s excise tax, without any allowance or deduction for trade-ins or unpaid <span class="dictionary">liens</span> or encumbrances.
		&#x201C;<span class="dictionary">Scheduled air service</span>&#x201D; means any scheduled service provided by an air carrier or foreign air carrier operating pursuant to authority issued by the U.S. <span class="dictionary">Department</span> of Transportation and under Federal Aviation Regulations, Parts 121, 129 or 135.</p></section></text><history>Code 1950, &#xA7;&#xA7; 58-685.28, 58-685.30; 1974, c. 431; 1975, c. 424; 1977, c. 396; 1984, c. 675; 1995, c. 204; 2000, c. 602.</history><metadata></metadata></law>
