                                 CODE OF VIRGINIA

CERTAIN MACHINERY AND TOOLS SEGREGATED FOR LOCAL TAXATION ONLY; NOTICE PRIOR TO
CHANGE IN VALUATION, HEARING (§ 58.1-3507)

A. Machinery and tools, except idle machinery and tools as defined in subsection
D and machinery and equipment used by farm wineries as defined in &#xA7;
4.1-100, used in a manufacturing, mining, water well drilling, processing or
reprocessing, radio or television broadcasting, dairy, dry cleaning or laundry
business, or a business primarily engaged in advanced recycling, as defined in
&#xA7; 58.1-439.7, shall be listed and are hereby segregated as a class of
tangible personal property separate from all other classes of property and shall
be subject to local taxation only. The rate of tax imposed by a county, city, or
town on such machinery and tools shall not exceed the rate imposed upon the
general class of tangible personal property. Idle machinery and tools are
taxable as capital under &#xA7; 58.1-1101.

B. Machinery and tools segregated for local taxation pursuant to subsection A,
other than energy conservation equipment of manufacturers, shall be valued by
means of depreciated cost or a percentage or percentages of original total
capitalized cost excluding capitalized interest. In valuing machinery and tools,
the commissioner of the revenue shall, upon the written request of the taxpayer,
consider any bona fide, independent appraisal presented by the taxpayer.
			Whenever the commissioner of the revenue proposes to change the means of
valuing machinery and tools, such proposed change shall be published in a
newspaper having general circulation in the affected locality at least 30 days
before the proposed change would take effect and the citizens of the locality
shall be allowed to submit written comments, during the 30-day period, to the
commissioner of the revenue regarding the proposed change.

C. All motor vehicles which are registered pursuant to &#xA7; 46.2-600 with the
Department of Motor Vehicles and owned by persons engaged in those businesses
set forth in subsection A shall be taxed as tangible personal property by the
county, city, or town in accordance with the provisions of this chapter. All
other motor vehicles and delivery equipment owned by persons engaged in those
businesses set forth in subsection A shall be included in and taxed as machinery
and tools.

D. &#8220;Idle machinery and tools&#8221; means machinery and tools that (i)(a)
have been discontinued in use continuously for at least one year prior to any
tax day or (b) on and after January 1, 2007, have been specifically identified
in writing by the taxpayer to the commissioner of the revenue or other assessing
official, on or before April 1 of such year, as machinery and tools that the
taxpayer intends to withdraw from service not later than the next succeeding tax
day and (ii) are not in use on the tax day and no reasonable prospect exists
that such machinery and tools will be returned to use during the tax year.

E. In the event that any machinery and tools taken out of use subsequent to
January 1, 2007, are returned to use after having been previously classified as
idle machinery and tools pursuant to clause (i)(b) of subsection D, the taxpayer
shall identify such machinery and tools to the commissioner of the revenue or
other assessing official in writing on or before the next return due date
without extension, and such machinery and tools shall be subject to tax in
accordance with the procedures provided in &#xA7; 58.1-3903 in the same manner
as if such machinery and tools had been in use on the tax day of the year in
which such return to use occurs. Any interest otherwise payable pursuant to
applicable law or ordinance shall apply to taxes imposed pursuant to this
subsection and paid after the due date, without regard to the fault of the
taxpayer or lack thereof. Notwithstanding the provisions of &#xA7; 58.1-3903, if
the taxpayer has provided timely written notice of return to use in accordance
with the provisions of this subsection, no penalty shall be levied with respect
to any tax liability arising as a result of the return to use of machinery and
tools classified as idle and actually idle prior to such return to use.

F. The Department of Taxation shall promulgate guidelines for the use of local
governments in applying the provisions of this section related to idle machinery
and tools. In preparing such guidelines, the Department shall not be subject to
the provisions of the Administrative Process Act (&#xA7; 2.2-4000 et seq.) for
guidelines promulgated on or before January 1, 2008, but shall cooperate with
and seek the counsel of local officials and interested groups. After January 1,
2008, such guidelines shall be accorded the weight of a regulation under &#xA7;
58.1-205 and any amendments to such guidelines shall be subject to the
Administrative Process Act.

G. The Tax Commissioner shall have the authority to issue advisory written
opinions in specific cases to interpret the provisions of this section related
to idle machinery and tools and the guidelines issued pursuant to subsection F;
however, the Tax Commissioner shall not be required to interpret any local
ordinance. The guidelines and opinions issued pursuant to this section shall not
be applicable as an interpretation of any other tax law.

HISTORY: Code 1950, §§ 58-405, 58-831; 1979, c. 351; 1980, c. 412; 1981, c.
145; 1982, c. 633; 1983, cc. 552, 555; 1984, cc. 150, 675, 679, 680; 1985, c.
221; 1992, c. 680; 1993, cc. 78, 866; 1999, c. 396; 2005, c. 108; 2007, cc. 159,
191; 2020, c. 789.