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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>66072</law_id><section_number>58.1-2401</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>45.2-1728</reference><reference>58.1-2402</reference><reference>58.1-602</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="II">Taxes Administered by Other Agencies</unit><unit label="chapter" level="3" order_by="1" identifier="24">Virginia Motor Vehicle Sales and Use Tax</unit></structure><text>
						<section><p>As used in this chapter, unless the context requires a different meaning:
		&#x201C;<span class="dictionary">Commissioner</span>&#x201D;  means the <span class="dictionary">Commissioner</span> of the <span class="dictionary">Department</span> of <span class="dictionary">Motor Vehicles</span> of the Commonwealth.
		&#x201C;<span class="dictionary">Department</span>&#x201D;  means the <span class="dictionary">Department</span> of <span class="dictionary">Motor Vehicles</span> of the Commonwealth, acting through its duly authorized officers and agents.
		&#x201C;<span class="dictionary">Mobile office</span>&#x201D;  means an industrialized building unit not subject to the federal regulation, which may be constructed on a chassis for the purpose of towing to the point of use and designed to be used with or without a permanent foundation, for commercial use and not for residential use; or two or more such units separately towable, but designed to be joined together at the point of use to form a single commercial structure, and which may be designed for removal to, and installation or erection on other sites.
		&#x201C;<span class="dictionary">Motor vehicle</span>&#x201D;  means every vehicle, except for <span class="dictionary">mobile office</span> as herein defined, that is self-propelled or designed for self-propulsion and every vehicle drawn by or designed to be drawn by a <span class="dictionary">motor vehicle</span>, including all-terrain vehicles, manufactured homes, mopeds, and off-road motorcycles as those terms are defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/46.2-100/">46.2-100</a> and every device in, upon and by which any person or property is, or can be, transported or drawn upon a highway, but excepting devices moved by human or animal power, devices used exclusively upon stationary rails or tracks and vehicles, other than manufactured homes, used in the Commonwealth but not required to be licensed by the Commonwealth.
		&#x201C;Sale&#x201D;  means any transfer of ownership or <span class="dictionary">possession</span>, by exchange or barter, conditional or otherwise, in any manner or by any means whatsoever, of a <span class="dictionary">motor vehicle</span>. &#x201C;Sale&#x201D; also includes a transaction whereby <span class="dictionary">possession</span> is transferred but title is retained by the seller as security. &#x201C;Sale&#x201D; does not include a transfer of ownership or <span class="dictionary">possession</span> made to secure payment of an obligation, nor does it include a refund for, or replacement of, a <span class="dictionary">motor vehicle</span> of equivalent or lesser value pursuant to the Virginia <span class="dictionary">Motor Vehicle</span> Warranty Enforcement Act (&#xA7;&#xA0;<a class="law" title="Short title" href="/59.1-207.9/">59.1-207.9</a> et seq.). Where the replacement <span class="dictionary">motor vehicle</span> is of greater value than the <span class="dictionary">motor vehicle</span> replaced, only the difference in value shall constitute a sale.
		&#x201C;<span class="dictionary">Sale price</span>&#x201D;  means the total price paid for a <span class="dictionary">motor vehicle</span> and all <span class="dictionary">attachments</span> thereon and accessories thereto, as determined by the <span class="dictionary">Commissioner</span>, exclusive of any federal manufacturers&#x2019; excise tax, without any allowance or deduction for trade-ins or unpaid <span class="dictionary">liens</span> or encumbrances. However, &#x201C;<span class="dictionary">sale price</span>&#x201D; does not include (i) any manufacturer rebate or manufacturer incentive payment applied to the transaction by the customer or dealer whether as a reduction in the <span class="dictionary">sales</span> price or as payment for the vehicle and (ii) the cost of controls, lifts, automatic transmission, power steering, power brakes or any other equipment installed in or added to a <span class="dictionary">motor vehicle</span> that is required by <span class="dictionary">law</span> or regulation as a condition for operation of a <span class="dictionary">motor vehicle</span> by an individual with a disability.</p></section></text><history>Code 1950, &#xA7;&#xA7; 58-685.11, 58-685.13, 58-685.13:2; 1966, c. 587; 1968, c. 321; 1970, cc. 409, 489; 1972, cc. 302, 680; 1973, c. 207; 1974, c. 477; 1976, cc. 567, 610; 1977, c. 537; 1978, cc. 656, 758, 766; 1979, cc. 310, 436; 1982, c. 541; 1983, c. 386; 1984, c. 675; 1986, Sp. Sess., c. 11; 1995, c. 50; 1997, cc. 283, 853; 1999, c. 77; 2011, cc. 405, 639; 2013, c. 766; 2018, cc. 838, 840; 2023, cc. 148, 149.</history><metadata></metadata></law>
