                                 CODE OF VIRGINIA

DEFINITIONS (§ 58.1-3523)

As used in this chapter:

&#8220;Commissioner of the revenue&#8221; means the same as that set forth in §
58.1-3100. For purposes of this chapter, in a county or city which does not have
an elected commissioner of the revenue, &#8220;commissioner of the
revenue&#8221; means the officer who is primarily responsible for assessing
motor vehicles for the purposes of tangible personal property taxation.

&#8220;Department&#8221; means the Department of Motor Vehicles.

&#8220;Effective tax rate&#8221; means the tax rate imposed by a locality on
tangible personal property multiplied by any assessment ratio in effect.

&#8220;Leased&#8221; means leased by a natural person as lessee and used for
nonbusiness purposes.

&#8220;Privately owned&#8221; means owned by a natural person and used for
nonbusiness purposes.

&#8220;Qualifying vehicle&#8221; means any passenger car, motorcycle, autocycle,
and pickup or panel truck, as those terms are defined in § 46.2-100, that is
determined by the commissioner of the revenue of the county or city in which the
vehicle has situs as provided by § 58.1-3511 to be (i) privately owned; (ii)
leased pursuant to a contract requiring the lessee to pay the tangible personal
property tax on such vehicle; or (iii) held in a private trust for nonbusiness
purposes. In determining whether a vehicle is a qualifying vehicle, the
commissioner of revenue must rely on the registration of such vehicle with the
Department pursuant to Chapter 6 (§ 46.2-600 et seq.) of Title 46.2 or, for
leased vehicles, the information of the Department pursuant to subsections B and
C of § 46.2-623, unless the commissioner of the revenue has information that
the Department&#8217;s information is incorrect, or to the extent that the
Department&#8217;s information is incomplete. For purposes of this chapter,
all-terrain vehicles and off-road motorcycles titled with the Department of
Motor Vehicles and mopeds shall not be deemed qualifying vehicles.

&#8220;Tangible personal property tax&#8221; means the tax levied pursuant to
Article 1 (§ 58.1-3500 et seq.) of Chapter 35 of Title 58.1.

&#8220;Tax year&#8221; means the 12-month period beginning in the calendar year
for which tangible personal property taxes are imposed.

&#8220;Treasurer&#8221; means the same as that set forth in § 58.1-3123, when
used herein with respect to a county or city. When used herein with respect to a
town, &#8220;treasurer&#8221; 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 treasurer of the county or counties in
which such town is located if such functions are performed for the town by the
county treasurer or treasurers.

&#8220;Used for nonbusiness purposes&#8221; 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 taxpayer&#8217;s federal income tax return pursuant to
Internal Revenue Code § 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.

&#8220;Value&#8221; means the fair market value determined by the method
prescribed in § 58.1-3503 and used by the locality in valuing the qualifying
vehicle.

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.