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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>74360</law_id><section_number>58.1-2423</section_number><catch_line>Refunds generally</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><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>In the event that it appears to the satisfaction of the <span class="dictionary">Commissioner</span> that any tax imposed by this chapter has been erroneously or illegally collected from any person or paid by any person, the <span class="dictionary">Commissioner</span> shall certify the amount thereof to the Comptroller, who shall thereupon draw his warrant for such certified amount on the State Treasurer. Such refund shall be paid by the State Treasurer. A claimant who pays the tax, either for the claimant or for the benefit of another on whose behalf the tax is paid, shall make a sufficient showing that the tax was erroneously collected by providing an <span class="dictionary">affidavit</span> stating that (i) the vehicle identification information provided on the Application for Certificate of Title and Registration, the certificate of origin, manufacturer&#x2019;s statement of origin, or title, as the case may be, forwarded to the <span class="dictionary">Department</span> of <span class="dictionary">Motor Vehicles</span> by any means generally allowed was incorrect or (ii) the transaction would have been exempt from taxation had the titling documents been correct when submitted to the <span class="dictionary">Department</span> of <span class="dictionary">Motor Vehicles</span> and the tax was paid in error. In the event of such a showing, the refund shall be paid to the claimant.
		In the event that it appears to the satisfaction of the <span class="dictionary">Commissioner</span> that any tax imposed by this chapter has been collected from a person who purchased and returned a vehicle 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.), the <span class="dictionary">Commissioner</span> shall certify the amount thereof to the Comptroller, who shall thereupon draw his warrant for such certified amount on the State Treasurer. Such refund shall be paid by the State Treasurer. A claimant who pays the tax, either for the claimant or for the benefit of another on whose behalf the tax is paid, shall provide a written statement in a manner prescribed by the <span class="dictionary">Commissioner</span> stating that the vehicle was returned under the Virginia <span class="dictionary">Motor Vehicle</span> Warranty Enforcement Act.
		In the event that it appears to the satisfaction of the <span class="dictionary">Commissioner</span> that any tax imposed by this chapter has been collected from a person who purchased and within 45 days returned a vehicle not subject 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.) due to a mechanical defect or failure and received a refund of the purchase price, the <span class="dictionary">Commissioner</span> shall certify the amount thereof to the Comptroller, who shall thereupon draw his warrant for such certified amount on the State Treasurer. Such refund shall be paid by the State Treasurer. A claimant who pays the tax, either for the claimant or for the benefit of another on whose behalf the tax is paid, shall provide an <span class="dictionary">affidavit</span> stating that the vehicle was returned due to a mechanical defect or failure, the purchase price was refunded, the title was properly assigned to the person accepting return of the vehicle, and the purchaser no longer has <span class="dictionary">possession</span> of the vehicle.
		In the event that it appears to the satisfaction of the <span class="dictionary">Commissioner</span> that the tax imposed by this chapter was upon a <span class="dictionary">motor vehicle</span> purchased by a foreign national and that within six months after the date of purchase the <span class="dictionary">motor vehicle</span> has been exported to a foreign country, the <span class="dictionary">Commissioner</span> shall certify the amount to the Comptroller who shall thereupon draw his warrant for such certified amount on the State Treasurer. Such refund shall be paid by the State Treasurer.
		No refund shall be made under the provisions of this section unless a written statement is filed with the <span class="dictionary">Commissioner</span> setting forth the reason such refund is claimed. The claim shall be in such form as the <span class="dictionary">Commissioner</span> shall prescribe. It shall be filed with the <span class="dictionary">Commissioner</span> within three years from the date of the payment of the tax.</p></section></text><history>Code 1950, &#xA7; 58-685.19; 1966, c. 587; 1972, c. 207; 1973, c. 174; 1974, c. 477; 1981, c. 440; 1984, c. 675; 2003, c. 837; 2017, c. 552.</history><metadata></metadata></law>
