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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>58436</law_id><section_number>58.1-604.1</section_number><catch_line>(Contingent effective date &amp;#8212; see note*) Use tax on motor vehicles, machinery, tools and equipment brought into Virginia for use in performing contracts</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>58.1-604.2</reference><reference>58.1-638</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="6">Retail Sales and Use Tax</unit></structure><text>
						<section><p>In addition to the <span class="dictionary">use</span> tax levied pursuant to &#xA7;&#xA0;<a class="law" title="(Contingent effective date) Imposition of use tax" href="/58.1-604/">58.1-604</a> and notwithstanding the provisions of &#xA7;&#xA0;<a class="law" title="Credit for taxes paid in another state" href="/58.1-611/">58.1-611</a>, a <span class="dictionary">use</span> tax is levied upon the <span class="dictionary">storage</span> or <span class="dictionary">use</span> of all <span class="dictionary">motor vehicles</span>, machines, machinery, tools or other equipment brought, imported or caused to be brought into this Commonwealth for <span class="dictionary">use</span> in constructing, building or repairing any building, highway, street, sidewalk, bridge, culvert, sewer or water system, drainage or dredging system, railway system, reservoir or dam, hydraulic or power plant, transmission line, tower, dock, wharf, excavation, grading, or other improvement or structure, or any part thereof. The rate of tax is three and one-half percent through midnight on July 31, 2004, and four percent beginning on and after August 1, 2004, on all <span class="dictionary">tangible personal property</span> except <span class="dictionary">motor vehicles</span>, which shall be taxed at the rate of three percent; aircraft, which shall be taxed at the rate of two percent; and watercraft, which shall be taxed at the rate of two percent with a maximum tax of $1,000.
		For purposes of this section, the words &#x201C;<span class="dictionary">motor vehicle</span>&#x201D; mean any vehicle which is self-propelled and designed primarily for <span class="dictionary">use</span> upon the highways, any vehicle which is propelled by electric power obtained from trolley wires but not operated upon rails, and any vehicle designed to run upon the highways which is pulled by a self-propelled vehicle, but shall not include any implement of husbandry, farm tractor, road construction or maintenance machinery or equipment, special mobile equipment or any vehicle designed primarily for <span class="dictionary">use</span> in work off the highway.
		The tax shall be computed on the basis of such proportion of the original purchase price of such property as the duration of time of <span class="dictionary">use</span> <span class="dictionary">in this Commonwealth</span> bears to the total useful life thereof. For purposes of this section, the word &#x201C;<span class="dictionary">use</span>&#x201D; means <span class="dictionary">use</span>, <span class="dictionary">storage</span>, consumption and &#x201C;<span class="dictionary">stand-by</span>&#x201D; time occasioned by weather conditions, controversies or other causes. The tax shall be computed upon the basis of the relative time each item of equipment is <span class="dictionary">in this Commonwealth</span> rather than upon the basis of actual <span class="dictionary">use</span>. In the absence of satisfactory <span class="dictionary">evidence</span> as to the period of <span class="dictionary">use</span> intended <span class="dictionary">in this Commonwealth</span>, it will be presumed that such property will remain <span class="dictionary">in this Commonwealth</span> for the remainder of its useful life, which shall be determined in accordance with the experiences and practices of the building and construction trades.
		A transaction taxed under &#xA7;&#xA0;<a class="law" title="(Contingent effective date) Imposition of use tax" href="/58.1-604/">58.1-604</a>, <a class="law" title="To what extent and under what conditions cities and counties may levy local sales taxes; collection thereof by Commonwealth and return of revenue to each city or county entitled thereto" href="/58.1-605/">58.1-605</a>, <a class="law" title="Tax levied" href="/58.1-1402/">58.1-1402</a>, <a class="law" title="Tax levied" href="/58.1-1502/">58.1-1502</a>, <a class="law" title="Levy" href="/58.1-1736/">58.1-1736</a> or <a class="law" title="(Contingent effective date) Levy" href="/58.1-2402/">58.1-2402</a> shall not also be taxed under this section, nor shall the same transaction be taxed more than once under any section.</p></section></text><history>1988, c. 379; 2004, Sp. Sess. I, c. 3; 2011, cc. 405, 639.</history><metadata></metadata></law>
