There is hereby levied, assessed and charged an annual tax on
tangible personal property, machinery and tools and merchants' capital
pursuant to Chapter 35 of Title 58.1 of the Code of Virginia.
A.
Tangible personal property is classified for valuation purposes according
to the following separate categories, which are not to be considered
separate classes for rate purposes:
(1)
(Reserved)
(2)
Farm machinery.
(4)
Trucks of less than two tons.
(6)
Manufactured homes, as defined in § 36-85.3 of the Code
of Virginia.
(7)
Antique motor vehicles, as defined in § 46.2-100 of the
Code of Virginia.
(8)
Taxicabs.
(9)
Motor vehicles with specially designed equipment for use by the handicapped.
(10)
Motorcycles, campers and other recreational vehicles.
(11)
Boats weighing under five tons and boat trailers.
(12)
Boats or watercraft weighing five tons or more.
(13)
Aircraft.
(14)
Tangible personal property used in a research and development
business.
(15)
Computer hardware used by businesses primarily engaged in providing
data processing services to other nonrelated or nonaffiliated businesses.
Farm machinery and farm implements are hereby defined as separate
items of taxation and classified as follows:
A.
Farm machinery and farm implements, which shall include equipment
and machinery used by farm wineries as defined in § 4.1-100
of the Code of Virginia in the production of wine.
B.
Equipment used by farmers or farm cooperatives qualifying under § 521
of the Internal Revenue Code to manufacture industrial ethanol, provided
that the materials from which the ethanol is derived consist primarily
of farm products.
A.
The items of property set forth below are each declared to be a separate
class of property and shall constitute a classification for local
taxation separate from other classifications of tangible personal
property provided in this chapter:
(1)
Boats or watercraft weighing five tons or more.
(2)
Aircraft having a maximum passenger seating capacity of no more than
50 which are owned and operated by scheduled air carriers operating
under certificates of public convenience and necessity issued by the
State Corporation Commission or the Civil Aeronautics Board.
(4)
Antique automobiles as defined in § 46.2-100 of the Code
of Virginia.
(5)
Tangible personal property used in a research and development business.
(6)
Heavy construction machinery, including but not limited to land movers,
bulldozers, front-end loaders, graders, packers, power shovels, cranes,
pile drivers, forest harvesting equipment and ditch and other types
of diggers.
(7)
Generating equipment purchased after December 31, 1974, for the purpose
of changing the energy source of a manufacturing plant from oil or
natural gas to coal, wood, wood bark, wood residue or any other alternative
energy source for use in manufacturing and any cogeneration equipment
purchased to achieve more efficient use of any energy source. Such
generating equipment and cogeneration equipment shall include, without
limitation, such equipment purchased by firms engaged in the business
of generating electricity or steam or both.
(8)
Vehicles without motive power, used or designed to be used as manufactured
homes as defined in § 36-85.3 of the Code of Virginia.
(9)
Computer hardware used by businesses primarily engaged in providing
data processing services to other nonrelated or nonaffiliated businesses.
(10)
Privately owned pleasure boats and watercraft used for recreational
purposes only.
(11)
Privately owned vans with a seating capacity for 12 or more
persons used exclusively pursuant to a ride-sharing arrangement as
defined in § 46.2-1400 of the Code of Virginia.
(12)
Motor vehicles specially equipped to provide transportation
for physically handicapped individuals.
(13)
Motor vehicles owned by members of a volunteer rescue squad
or volunteer fire department. One motor vehicle which is owned by
each volunteer rescue squad member or volunteer fire department member
may be specially classified under this section, provided that the
volunteer rescue squad member or volunteer fire department member
regularly responds to emergency calls. In January of each year, said
volunteer shall furnish the Commissioner of the Revenue with a certification
by the chief or head of the volunteer organization that said volunteer
is a member of the volunteer rescue squad or fire department who regularly
responds to calls or regularly performs other duties for the rescue
squad or fire department, and the motor vehicle owned by the volunteer
rescue squad member or volunteer fire department member is identified.
(14)
Motor vehicles owned by auxiliary members of a volunteer rescue squad or volunteer fire department. One motor vehicle which is regularly used by each auxiliary volunteer fire department or rescue squad member may be specially classified under this section. In January of each year, the auxiliary member shall furnish the Commissioner of the Revenue with a certification by the chief or head of the volunteer organization that the volunteer is an auxiliary member of the volunteer rescue squad or fire department who regularly performs duties for the rescue squad or fire department, and the motor vehicle is identified as regularly used for such purpose; however, if a volunteer rescue squad or fire department member and an auxiliary member are members of the same household, that household shall be allowed only one special classification under this subsection or Subsection A(13) of this section.
(15)
Motor vehicles owned by a nonprofit organization and used to
deliver meals to homebound persons or provide transportation to senior
or handicapped citizens in the community to carry out the purposes
of the nonprofit organization.
(16)
Privately owned camping trailers and motor homes as defined
in § 46.2-100 of the Code of Virginia which are used for
recreational purposes only.
(17)
One motor vehicle owned and regularly used by a veteran who
has either lost, or lost the use of, one or both legs, or an arm or
a hand, or who is blind or who is permanently and totally disabled
as certified by the Department of Veterans Affairs. In order to qualify,
the veteran shall provide a written statement to the Commissioner
of the Revenue from the Department of Veterans Affairs that the veteran
has been so designated or classified by the Department of Veterans
Affairs as to meet the requirements of this section, and that his
disability is service-connected. For purposes of this section, a person
is blind if he meets the provisions of § 46.2-739 of the
Code of Virginia.
(18)
Motor vehicles owned by persons who have been appointed to serve
as auxiliary police officers pursuant to § 15.2-1731 et
seq. of the Code of Virginia. One motor vehicle which is regularly
used by each auxiliary police officer to respond to auxiliary police
duties may be specially classified under this section. In order to
qualify for such classification, in January of each year any auxiliary
police officer who applies for such classification shall identify
the vehicle for which this classification is sought, and shall furnish
the Commissioner of the Revenue with a certification from the official
who has appointed such auxiliary officers. That certification shall
state that the applicant is an auxiliary police officer who regularly
uses a motor vehicle to respond to auxiliary police duties, and it
shall state that the vehicle for which the classification is sought
is the vehicle which is regularly used for that purpose.
(19)
Machines and tools owned by a commercial air carrier which uses
such machines and tools in a commercial airline maintenance, repair
and rebuilding facility, which has an assessed value of at least $100,000,000
and which is located on or contiguous to an airport.
(21)
Wild or exotic animals kept for public exhibition in an indoor
or outdoor facility which is properly licensed by the federal government,
the commonwealth, or both, and which is properly zoned for such use.
"Wild animals" means any animals which are found in the wild, or in
a wild state, within the boundaries of the United States, its territories
or possessions. "Exotic animals" means any animals which are found
in the wild or in a wild state and are native to a foreign country.
(22)
Furniture, office and maintenance equipment, exclusive of motor
vehicles, which are owned and used by an organization whose real property
is assessed in accordance with § 58.1-3284.1 of the Code
of Virginia and which is used by that organization for the purpose
of maintaining or using the open or common space within a residential
development.
(23)
Motor vehicles owned or used by a motor carrier as defined in
§ 56-273 of the Code of Virginia,[2] and motor carrier transportation property as defined in
49 U.S.C. § 11503a(a)(3), exclusive of rolling stock of
a certified motor vehicle carrier subject to taxation pursuant to
Article 5 (§ 58.1-2652 et seq.) of Title 58.1, Chapter 26,
of the Code of Virginia.
[2]
Editor's Note: Code of Virginia, § 56-273, was repealed
by Acts 1995, c. 744, effective 1-1-1996; Acts 1995, c. 803, effective
1-1-1996. See now Code of Virginia, § 46.2-2000.
A.
Machinery and tools, except machinery and equipment used by farm
wineries as defined in § 4.1-100 of the Code of Virginia,
used in the manufacturing, mining, processing or reprocessing, radio
or television broadcasting, dairy, dry-cleaning or laundry business
shall be listed and are hereby segregated as a class of tangible personal
property separate from all other classes of property.
B.
All motor vehicles which are registered pursuant to § 46.2-600 of the Code of Virginia 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 in accordance with the provisions of this article. 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.
The capital of merchants is hereby segregated for taxation and
is defined as follows: inventory of stock on hand; daily rental passenger
cars as defined in § 58.1-2401 of the Code of Virginia;
daily rental property as defined in § 58.1-3510 of the Code
of Virginia; and all other taxable personal property of any kind whatsoever,
except money on hand and on deposit and except tangible personal property
not offered for sale as merchandise, which tangible personal property
shall be reported and assessed as such.
The Commissioner of the Revenue shall value tangible personal
property, machinery and tools and merchants' capital pursuant to Title
58.1, Chapter 35, of the Code of Virginia.
Tax rates and schedules for the various classifications of tangible
personal property, machinery and tools and merchants' capital shall
be set by the adoption by the Board of Supervisors of a budget resolution
prior to July 1 each year.
A.
The annual return of taxable tangible personal property, mobile homes,
machinery and tools, furniture and fixtures and merchants' capital
for the County shall be filed with the Commissioner of the Revenue
for the County on or before the first day of February of each year.
B.
A penalty for failure to file such return as required in Subsection A is assessed at the greater of either a rate of 10% of the tax assessable on such return or $10; however, the penalty shall in no case exceed the amount of tax assessable.
C.
The assessment of such penalty shall not be deemed a defense to any
criminal prosecution for failing to make return of taxable property
as may be required by law or ordinance.
D.
Penalty for failure to file a return shall be assessed on February
2, the day after the return is due, and shall become a part of the
tax.
E.
Penalty for failure to file a return shall not be imposed if such
failure was not the fault of the taxpayer. The Commissioner of the
Revenue shall make determination of fault.
F.
The Board of Supervisors may further provide for reasonable extensions
of time, not to exceed 90 days, for filing returns on tangible personal
property, machinery and tools and merchants' capital whenever good
cause exists. If any taxpayer who has been granted an extension of
time for filing his return fails to file his return within the extended
time, his case shall be treated the same as if no extension had been
granted.
G.
Notwithstanding the above provisions, Shenandoah County provides
for an alternative method of filing personal property tax returns
for motor vehicles, trailers and boats. Such motor vehicles, trailers
and boats may be assessed annually based on a previous personal property
tax return filed by the owner or owners of such property. For those
whose name or address has not changed since a previous filing and
whose personal property has had no change in status or situs, the
assessment and taxation of property shall be based on a personal property
tax return previously filed with Shenandoah County, which hereby adopts
this alternative method of filing.
H.
Such owner or owners of motor vehicles, trailers and boats must file
a new personal property tax return whenever there is any of the following:
(1)
A change in the name or address of the person or persons owning such
tangible personal property;
(2)
A change in the situs of personal property;
(3)
Any other change affecting the assessment or levy of the personal
property tax on motor vehicles, trailers or boats for which a tax
return has been filed previously; or
(4)
Any change in which a person acquires one or more motor vehicles,
trailers or boats and for which no personal property tax return has
been filed.
