Virginia's Personal Property Tax Law Explained

what is the law for virginia personal property tax

In Virginia, personal property taxes are local taxes that vary depending on location. The Code of Virginia defines tangible personal property tax as the tax levied pursuant to Article 1 (§ 58.1-3500 et seq.) of Chapter 35 of Title 58.1. This includes all personal property not otherwise classified as intangible personal property, merchants' capital, or short-term rental property. The Commissioner of the Revenue is responsible for assessing all personal property with taxable status in Virginia Beach, including vehicles, aircraft, and watercraft. Mobile homes on temporary foundations are also assessed as personal property. The tax rate for personal property in Virginia Beach is $4 per $100 of the assessed value, which is based on the loan value from the January J.D. Power Official Used Car Guide. The Commonwealth of Virginia has appropriated $950 million each tax year since 2006 to reimburse localities for providing tangible personal property tax relief on qualifying vehicles.

Characteristics Values
What is taxed? All personal property, including vehicles, boats, aircraft, mobile homes, motorcycles, etc.
Who administers the tax? Cities, counties, and towns in Virginia
Tax rates Differ depending on the locality
Tax year A 12-month period beginning in the calendar year for which tangible personal property taxes are imposed
Reimbursement The Commonwealth reimburses localities for providing tangible personal property tax relief on qualifying vehicles
Reimbursement amount $950 million for each tax year
Qualifying vehicles Passenger cars, pickup or panel trucks, motorcycles
Tax relief rates If a qualifying vehicle's assessed value is $1,000 or less, the tax is eliminated and the Commonwealth's share is 100%
Property classification Tangible personal property is separate from intangible personal property, merchants' capital, and short-term rental property
Vehicle registration Vehicles must be registered with the Department of Motor Vehicles (DMV) within 30 days of moving to a new locality
Situs of taxation Vehicles are taxed in the locality where they are normally garaged, docked, or parked

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Taxable personal property

In Virginia, personal property taxes are local taxes administered by cities, counties, and towns. Tax rates vary depending on location. Tangible personal property tax refers to the tax levied pursuant to Article 1 (§ 58.1-3500 et seq.) of Chapter 35 of Title 58.1. Tangible personal property is classified for valuation purposes according to separate categories, including farm animals and machinery, automobiles, and programmable computer equipment.

The Code of Virginia §58.1.3503 provides for the categories of property and the methods of assessment available to commissioners. The Personal Property Taxpayers division assesses all vehicles, including cars, trucks, trailers, motorcycles, motor homes, aircraft, and watercraft. Mobile homes on temporary foundations are also assessed as personal property.

Personal property is taxable in the locality where it is normally garaged, docked, or parked. The assessed value of a vehicle is based on the loan value from the January J.D. Power Official Used Car Guide (formerly NADA) book, with a tax rate of $4 per $100 of the assessed value.

Additionally, certain vehicles owned or leased by volunteer members of emergency medical services or volunteer fire departments may be specially classified for tax purposes if they regularly respond to emergency calls.

Since 2006, the Commonwealth has appropriated $950 million each tax year to reimburse localities for providing tangible personal property tax relief on qualifying vehicles. The Virginia Beach City Council sets the tax relief each year, and tax bills are reduced by the expected reimbursement under the Personal Property Tax Relief Act for qualified vehicles based on the first $20,000 of value.

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Tax rates and payments

In Virginia, personal property taxes and real estate taxes are local taxes, meaning they are administered by cities, counties, and towns. As a result, tax rates differ depending on where you live. The Code of Virginia §58.1.3503 provides for the categories of property and the methods of assessment available to commissioners.

The personal property tax rate in Albemarle County, VA, for the calendar year 2025 is 4.28% of the assessed value. A mobile home classified as personal property is taxed at the real estate tax rate at 0.894% of the assessed value for the same year. A yearly license fee is also levied on vehicles and trailers, which is automatically added to the June 25 tax bill.

The assessed value of a vehicle is based on the loan value from the January J.D. Power Official Used Car Guide (formerly NADA). The tax rate is $4 per $100 of the assessed value. The Code of Virginia §58.1-3503 also enables commissioners to consider the conditions of taxable property, upon request from the taxpayer.

The Commonwealth has been appropriating $950 million each tax year since 2006 to reimburse localities statewide. The reimbursement amount for each county, city, or town is determined pro rata based on the actual payments made to such localities for the tax year 2005. The reimbursement to each county, city, or town for the tax year 2006 was paid by the Commonwealth over a 12-month period beginning in July 2006 and ending in June 2007.

The Virginia Beach City Council sets the tax relief each year. Tax bills are reduced by Virginia Beach's expected reimbursement under the Personal Property Tax Relief Act from the Commonwealth, for qualified vehicles based on the first $20,000 of value. If a qualifying vehicle's assessed value is $1,000 or less, the tax is eliminated, and the Commonwealth's share is 100%.

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Vehicle registration and tax liability

In Virginia, personal property taxes are local taxes administered by cities, counties, and towns. Tax rates differ depending on where you live. Vehicle registration and tax liability are related to personal property tax in Virginia in several ways. Firstly, the registration of a vehicle with the Department of Motor Vehicles (DMV) is a key factor in determining whether a vehicle is subject to personal property tax. This determination is made by the commissioner of revenue, who relies on the vehicle's registration information.

Additionally, certain vehicles may be eligible for special classification and tax relief. For example, volunteer emergency medical services personnel or volunteer fire department members who regularly respond to emergency calls may have their vehicles specially classified for personal property tax purposes. Similarly, certain disabled veterans may be exempt from paying the Motor Vehicle Sales and Use Tax (SUT) when purchasing a vehicle, provided that they meet specific criteria.

The state also offers tangible personal property tax relief to localities, which includes reimbursements for providing relief on qualifying vehicles. This relief is funded by the Commonwealth, which allocates a set amount each tax year to be distributed among the localities based on their share of payments in tax year 2005.

It is important to note that delinquent taxes or fees, including local vehicle license fees and delinquent tangible personal property taxes, can impact vehicle registration. If an individual owes delinquent taxes or fees, they may receive a "stop," which restricts access to driver and vehicle records and prohibits transactions until the issue is resolved. In such cases, the DMV may issue a limited initial registration for up to 90 days, allowing individuals to purchase a vehicle and drive it temporarily while they work on satisfying the delinquent taxes or fees.

In terms of registration requirements, Virginia has specific rules for used vehicles. For vehicles garaged in certain counties or cities, an emissions inspection is required, and the minimum insurance coverage requirements must be met. For vehicles purchased from a dealer, it can take up to 30 days for the transaction to be processed and for the vehicle to appear in the DMV record. Leased vehicles will not show up in the DMV record.

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Property tax exemptions

Virginia provides tax exemptions for certain veterans and their surviving spouses, as well as the surviving spouses of members of the armed forces who died in the line of duty.

Veterans with a 100% service-connected, permanent and total disability may apply for a personal property tax exemption on one motor vehicle (passenger car or a pickup or panel truck) registered for personal use. If the veteran is alive on or after January 1, 2011, or was alive after this date, the exemption also applies to their spouse.

The spouse of a deceased veteran is eligible for the exemption so long as they do not remarry. This applies to the spouse's principal place of residence, without any restriction on moving to a different residence.

In Chesterfield County, military personnel must submit a recent leave and earnings statement (LES) to request an exemption from personal property tax. If the vehicle is titled in the name of a non-military spouse, you must submit a recent leave-earning statement (LES), a copy of the marriage certificate, or a copy of the military ID for the service member's spouse.

In Chesterfield County, per the Code of Virginia 58. 1-3617, motor vehicles owned or leased by a designated ecclesiastical officer assigned to a specific religious association and used more than 50% for religious purposes are exempt from personal property tax.

Also, members of the North Atlantic Treaty Organization (NATO) may request a personal property tax exemption by providing a copy of a letter verifying diplomatic status from their embassy or foreign mission.

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Appeal process

The appeal process for personal property tax in Virginia depends on the type of tax and the locality. Here is a general overview of the appeal process:

Informal Review:

You have the right to seek an informal review if you believe you have been issued an incorrect bill or denied a refund. This can be done by contacting your local tax office or the Virginia Department of Taxation.

Administrative Appeal:

If you are not satisfied with the outcome of the informal review, you can file an administrative appeal with the commissioner of the revenue or another assessing official. This appeal must be filed within one year from the last day of the tax year or within one year from the date of the assessment, whichever is later. The appeal should include information such as the taxpayer's identification, the tax period in question, the amount in dispute, and the grounds for the appeal.

Appeal to the State Tax Commissioner:

If your administrative appeal is denied in whole or in part, you can further appeal to the State Tax Commissioner. This appeal must be filed within 90 days of the determination of the commissioner of the revenue or assessing official. Along with the appeal, you must provide a copy of the written determination and a statement of facts and grounds for the appeal. The Tax Commissioner will then determine whether they have jurisdiction over the appeal within 30 days.

It is important to note that you may also bypass the administrative appeal process and file an Application for Correction of Assessment for local license taxes or local business taxes. This application must be filed with the Clerk of the Circuit Court within the specified time frames outlined in the Code of Virginia.

For specific details on the appeal process, it is recommended to refer to the Mobile Property Tax Appeal Guidelines, the Guidelines for Appealing Local Property Taxes, and the applicable Code of Virginia sections. These resources can be found on the website of the Virginia Department of Taxation or at the Commissioner of the Revenue's office.

Frequently asked questions

Virginia's personal property tax law states that all personal property is taxable, even unlicensed and/or inoperable vehicles. The tax rate differs depending on where you live.

Tangible personal property includes all personal property not classified as intangible personal property, merchants' capital, or short-term rental property. This includes vehicles, boats, aircraft, and mobile homes.

The assessed value of a vehicle is based on the loan value from the January J.D. Power Official Used Car Guide. The tax rate is $4 per $100 of the assessed value.

The Commissioner of the Revenue is responsible for assessing all personal property with taxable status in Virginia. This includes vehicles, boats, aircraft, and mobile homes.

Yes, certain vehicles owned or leased by volunteer emergency medical services personnel or volunteer fire department members may be specially classified and exempt from personal property tax. Additionally, localities may offer personal property tax relief for qualified vehicles.

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