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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>58763</law_id><section_number>58.1-3523</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>15.2-1636.20</reference><reference>30-133</reference><reference>46.2-2121.1</reference><reference>46.2-623</reference><reference>58.1-3506</reference><reference>58.1-3506.1</reference><reference>58.1-3912</reference><reference>58.1-3916</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="III">Local Taxes</unit><unit label="chapter" level="3" order_by="1" identifier="35.1">Personal Property Tax Relief</unit></structure><text>
						<section><p>As used in this chapter:
		&#x201C;<span class="dictionary">Commissioner of the revenue</span>&#x201D; means the same as that set forth in &#xA7;&#xA0;<a class="law" title="Interpretation of &quot;commissioner.&quot;" href="/58.1-3100/">58.1-3100</a>. For purposes of this chapter, in a county or city which does not have an elected <span class="dictionary">commissioner of the revenue</span>, &#x201C;<span class="dictionary">commissioner of the revenue</span>&#x201D; means the officer who is primarily responsible for assessing motor vehicles for the purposes of tangible personal property taxation.
		&#x201C;<span class="dictionary">Department</span>&#x201D; means the <span class="dictionary">Department</span> of Motor Vehicles.
		&#x201C;<span class="dictionary">Effective tax rate</span>&#x201D; means the tax rate imposed by a locality on tangible personal property multiplied by any assessment ratio in effect.
		&#x201C;<span class="dictionary">Leased</span>&#x201D; means <span class="dictionary">leased</span> by a natural person as lessee and <span class="dictionary">used for nonbusiness purposes</span>.
		&#x201C;<span class="dictionary">Privately owned</span>&#x201D; means owned by a natural person and <span class="dictionary">used for nonbusiness purposes</span>.
		&#x201C;<span class="dictionary">Qualifying vehicle</span>&#x201D; means any passenger car, motorcycle, autocycle, and pickup or <span class="dictionary">panel</span> truck, as those terms are defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/46.2-100/">46.2-100</a>, that is determined by the <span class="dictionary">commissioner of the revenue</span> of the county or city in which the vehicle has situs as provided by &#xA7;&#xA0;<a class="law" title="Situs for assessment; nonresident exception; refund of tax paid to city or county; apportioned assessment" href="/58.1-3511/">58.1-3511</a> to be (i) <span class="dictionary">privately owned</span>; (ii) <span class="dictionary">leased</span> pursuant to a <span class="dictionary">contract</span> requiring the lessee to pay the <span class="dictionary">tangible personal property tax</span> on such vehicle; or (iii) held in a private trust for nonbusiness purposes. In determining whether a vehicle is a <span class="dictionary">qualifying vehicle</span>, the commissioner of revenue must rely on the registration of such vehicle with the <span class="dictionary">Department</span> pursuant to Chapter 6 (&#xA7;&#xA0;<a class="law" title="Owner to secure registration and certificate of title or certificate of ownership" href="/46.2-600/">46.2-600</a> et seq.) of Title 46.2 or, for <span class="dictionary">leased</span> vehicles, the information of the <span class="dictionary">Department</span> pursuant to subsections B and C of &#xA7;&#xA0;<a class="law" title="Statements in application" href="/46.2-623/">46.2-623</a>, unless the <span class="dictionary">commissioner of the revenue</span> has information that the <span class="dictionary">Department</span>&#x2019;s information is incorrect, or to the extent that the <span class="dictionary">Department</span>&#x2019;s information is incomplete. For purposes of this chapter, all-terrain vehicles and off-road motorcycles titled with the <span class="dictionary">Department</span> of Motor Vehicles and mopeds shall not be deemed <span class="dictionary">qualifying vehicles</span>.
		&#x201C;<span class="dictionary">Tangible personal property tax</span>&#x201D; means the tax levied pursuant to Article 1 (&#xA7;&#xA0;<a class="law" title="Defined and segregated for local taxation" href="/58.1-3500/">58.1-3500</a> et seq.) of Chapter 35 of Title 58.1.
		&#x201C;<span class="dictionary">Tax year</span>&#x201D; means the 12-month period beginning in the calendar year for which tangible personal property taxes are imposed.
		&#x201C;<span class="dictionary">Treasurer</span>&#x201D; means the same as that set forth in &#xA7;&#xA0;<a class="law" title="Interpretation of &quot;treasurer.&quot;" href="/58.1-3123/">58.1-3123</a>, when used herein with respect to a county or city. When used herein with respect to a town, &#x201C;<span class="dictionary">treasurer</span>&#x201D; means the officer who is primarily responsible for the billing and collection of tangible personal property taxes levied upon motor vehicles by such town, and means the <span class="dictionary">treasurer</span> of the county or counties in which such town is located if such functions are performed for the town by the county <span class="dictionary">treasurer</span> or <span class="dictionary">treasurers</span>.
		&#x201C;<span class="dictionary">Used for nonbusiness purposes</span>&#x201D; means the preponderance of use is for other than business purposes. The preponderance of use for other than business purposes shall be deemed not to be satisfied if: (i) the motor vehicle is expensed on the <span class="dictionary">taxpayer</span>&#x2019;s federal income tax return pursuant to Internal Revenue Code &#xA7;&#xA0;179; (ii) more than 50 percent of the basis for depreciation of the motor vehicle is depreciated for federal income tax purposes; or (iii) the allowable expense of total annual mileage in excess of 50 percent is deductible for federal income tax purposes or reimbursed pursuant to an arrangement between an employer and employee.
		&#x201C;<span class="dictionary">Value</span>&#x201D; means the fair market <span class="dictionary">value</span> determined by the method prescribed in &#xA7;&#xA0;<a class="law" title="General classification of tangible personal property" href="/58.1-3503/">58.1-3503</a> and used by the locality in valuing the <span class="dictionary">qualifying vehicle</span>.</p></section></text><history>1998, Sp. Sess. I, c. 2; 1999, c. 189; 2004, Sp. Sess. I, c. 1; 2006, c. 896; 2007, cc. 314, 815; 2010, c. 499; 2013, c. 783; 2015, cc. 96, 152.</history><metadata></metadata></law>
