[Adopted 11-22-2005]
A.Â
Tax levied and prorated on monthly basis. Tangible
personal property tax shall be levied and collected on motor vehicles
and trailers which have acquired a situs within the County after January
first of any tax year for the remaining portion of the tax year. When
any person acquires a motor vehicle or trailer with situs in the County
after January first and situs remains in the County after such acquisition,
the tax shall be assessed against the new owner for the remainder
of the tax year. Such tax shall be prorated on a monthly basis. For
purposes of proration, a period of more than one-half of a month shall
be counted as a full month and a period of less than one-half of a
month shall not be counted.
B.Â
Relief or refund. When any motor vehicle or trailer
loses its situs within the County after January 1 or after the day
on which it acquires a situs within the County (hereafter "situs day"),
the tax shall be relieved, prorated on a monthly basis, and the appropriate
amount of tax refunded if such tax has already been paid, upon notification
provided by the owner to the Commissioner of the Revenue and the Commonwealth
of Virginia Department of Motor Vehicles. No refund shall be made
if the motor vehicle or trailer acquires a situs within the commonwealth
in a nonprorating locality.
C.Â
Relief, refund or credit on sale. When any person
sells or otherwise transfers title to a motor vehicle or trailer with
a situs in the County after January 1 or situs day, the tax shall
be relieved, prorated on a monthly basis, upon notification provided
by the owner to the Commissioner of the Revenue and the Commonwealth
of Virginia Department of Motor Vehicles, and the appropriate amount
of tax already paid refunded or credited by the Treasurer, at the
option of the taxpayer, against the tax due on any motor vehicle or
trailer owned by the taxpayer during the same tax year.
D.Â
Time limitation for refund; minimum refund. Any refund
required shall be made within 30 days of the date such tax is relieved.
No refund of less than $5 shall be issued to a taxpayer, unless specifically
requested by the taxpayer.
E.Â
Conditions for certain tax credits. Any person who
moves from a non-prorating locality to the County in a single tax
year shall be entitled to a property tax credit in the County if the
person was liable for personal property taxes on a motor vehicle and
has paid those taxes to a non-prorating locality; and the owner replaces
for any reason the original vehicle upon which taxes are due to the
non-prorating locality for the same tax year. The County shall provide
a credit against the total tax due on the replacement vehicle in an
amount equal to the tax paid to the non-prorating locality for the
period of time commencing with the disposition of the original vehicle
and continuing through the close of the tax year in which the owner
incurred tax liability to the non-prorating locality for the original
vehicle.
F.Â
Exemptions of property for which tax has been paid
to another jurisdiction. Tangible personal property which was legally
assessed by another jurisdiction in the commonwealth and on which
the tax has been paid is exempt from taxation under this section for
the tax year or portion thereof during which such property was legally
assessed by the other jurisdiction and taxes were paid to that jurisdiction
and not refunded in whole or part.
G.Â
Filing of returns. (Repealed 4-26-1988)
H.Â
Billing for less than full year. Notwithstanding any
other date for billing and payment of personal property taxes, the
County may bill all personal property taxes assessed for a portion
of the tax year on or after December fifteenth of each year.
I.Â
Due date of taxes; penalty and interest. The taxes shall be due not less than 30 days after the date of the tax bill or due date on the tax bill, whichever is later. If the tax is not paid when due, the penalty and the interest otherwise provided for by § 145-29 shall be imposed based on the established due date.
J.Â
Effective date of this article. This article shall
be effective at 12:01 a.m. on January 1, 2006.
