December 10, 2018
Re: Appeal of Personal Property Tax Assessment
Taxpayer: *****
Locality Assessing Tax: *****
Local Tangible Personal Property Tax
Dear *****:
This notice of jurisdiction is issued upon the administrative appeal filed by you (the “Taxpayer”) with the Department of Taxation (the “Department”). The Taxpayer seeks correction of an assessment of tangible personal property tax issued by the ***** (the “City”) for the 2018 tax year.
The following determination is based on the facts presented to the Department summarized below. The Code of Virginia sections and public document cited are available on-line in the Laws, Rules and Decisions section of the Department’s web site, located at www.tax.virginia.gov.
FACTS
The City issued an assessment of tangible personal property tax on the Taxpayer’s personal vehicle for the 2018 tax year. The Taxpayer appealed to the Department, contending the assessment should be adjusted because he left Virginia for ***** (State A) in May 2018 pursuant to military orders.
ANALYSIS
Under Virginia Code § 58.1-3983.1 D, the Department’s jurisdiction over appeals and rulings of local taxes is limited to final local determinations concerning local business and mobile property tax assessments. See Public Document (P.D.) 17-142 (8/7/2017). Neither business nor mobile property taxes include tangible personal property taxes assessed against individuals’ personal vehicles.
DETERMINATION
Based on applicable law, an assessment of tangible personal property tax on a personal vehicle is not an assessment of tax over which the Department has jurisdiction to hear an appeal. The Taxpayer may appeal an assessment of tangible personal property tax either directly to the locality pursuant to Virginia Code § 58.1-3980, or to the circuit court under the provisions of Virginia Code § 58.1-3984.
If you have any questions regarding this determination, you may contact ***** in the Department’s Office of Tax Policy, Appeals and Rulings, at *****.
Sincerely,
Craig M. Burns
Tax Commissioner
AR/1861.M