2006 Code of Virginia § 58.1-3523 - Definitions

58.1-3523. Definitions.

As used in this chapter:

"Commissioner of the revenue" means the same as that set forth in 58.1-3100. For purposes of this chapter, in a county or city which does nothave an elected commissioner of the revenue, "commissioner of the revenue"means the officer who is primarily responsible for assessing motor vehiclesfor the purposes of tangible personal property taxation.

"Department" means the Department of Motor Vehicles.

"Effective tax rate" means the tax rate imposed by a locality on tangiblepersonal property multiplied by any assessment ratio in effect.

"Leased" means leased by a natural person as lessee and used fornonbusiness purposes.

"Privately owned" means owned by a natural person and used for nonbusinesspurposes.

"Qualifying vehicle" means any passenger car, motorcycle, and pickup orpanel truck, as those terms are defined in 46.2-100, that is determined bythe commissioner of the revenue of the county or city in which the vehiclehas situs as provided by 58.1-3511 to be (i) privately owned or (ii) leasedpursuant to a contract requiring the lessee to pay the tangible personalproperty tax on such vehicle. In determining whether a vehicle is aqualifying vehicle, the commissioner of revenue may rely on the registrationof such vehicle with the Department pursuant to Chapter 6 ( 46.2-600 etseq.) of Title 46.2. For purposes of this chapter, all-terrain vehicles andoff-road motorcycles titled with the Department of Motor Vehicles shall notbe deemed qualifying vehicles.

"Tangible personal property tax" means the tax levied pursuant to Article 1( 58.1-3500 et seq.) of Chapter 35 of Title 58.1.

"Tax year" means the 12-month period beginning in the calendar year forwhich tangible personal property taxes are imposed.

"Treasurer" means the same as that set forth in 58.1-3123, when usedherein with respect to a county or city. When used herein with respect to atown, "treasurer" means the officer who is primarily responsible for thebilling and collection of tangible personal property taxes levied upon motorvehicles by such town, and means the treasurer of the county or counties inwhich such town is located if such functions are performed for the town bythe county treasurer or treasurers.

"Used for nonbusiness purposes" means the preponderance of use is for otherthan business purposes. The preponderance of use for other than businesspurposes shall be deemed not to be satisfied if: (i) the motor vehicle isexpensed on the taxpayer's federal income tax return pursuant to InternalRevenue Code 179; (ii) more than 50 percent of the basis for depreciationof the motor vehicle is depreciated for federal income tax purposes; or (iii)the allowable expense of total annual mileage in excess of 50 percent isdeductible for federal income tax purposes or reimbursed pursuant to anarrangement between an employer and employee.

"Value" means the fair market value determined by the method prescribed in 58.1-3503 and used by the locality in valuing the qualifying vehicle.

(1998, Sp. Sess. I, c. 2; 1999, c. 189; 2004, Sp. Sess. I, c. 1; 2006, c.896.)