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19981208 1998-37ORDINANCE NO. 1998-37 AN ORDINANCE TO AMEND CHAPTER 8, SECTION 3.3 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA TO MODIFY THE FILING REQUIREMENTS FOR PERSONAL PROPERTY TAX RETURNS. BE IT Ordained by the City Council of the City of Fairfax, Virginia, that Chapter 8, Section 3.3 of the Code of the City of Fairfax, Virginia is amended to read in its entirety as follows: Section 8-3.3. Filing dates, penalty for failure to file. Except where personal property taxes are prorated as provided by law, every person owning or leasing tangible personal property subject to taxation shall file a return with the Commissioner of the Revenue by such date set forth herein: mo Every person owning or leasing tangible personal property, other than motor vehicles, that is subject to taxation by the City shall cause a return to be filed with the Commissioner of the Revenue on or before May 1 of the year in which such property is subject to taxation by the City(the "tax year"). If the property acquires situs, as defined in the Code of Virginia, or if there is a change in status of the property, as defined in paragraph E of this section, on or after March 2 of the tax year, then the property owner shall file a return with the Commissioner of the Revenue within sixty (60) days of the change in status of the property or its acquisition of situs in the City. Bo Every person owning or leasing a motor vehicle, which acquires situs or has title transferred in the City between January 2 and March 1 of the tax year, must file a personal property tax return for that vehicle with the Commissioner of the Revenue by no later than May 1 of the tax year. Co Every person owning or leasing a motor vehicle, which acquires situs or has title transferred in the City on March 2 or later of the tax year, must file a personal property tax return for that vehicle with the Commissioner of the Revenue within 60 days from the date the motor vehicle acquires situs or has title transferred. Do Any person owning or leasing a motor vehicle, who has previously filed a personal property tax return with the Commissioner of the Revenue for that vehicle, and for which vehicle there has been no change in the situs or status, as set forth in paragraph E of this section, shall not be required to file another personal property tax return on such vehicle, until and if such situs or status changes. E. For the purpose of this section, "change in status" shall mean one or more of the following: (i) A change occurs in the name or address of the person or persons, or entity, owning or leasing said tangible personal property. 1998-37 -2 (ii) A change occurs in the taxable situs of tangible personal property. (iii) Any action which causes personal property to acquire situs in the City has occurred during the tax year and for which no personal property tax return has been filed by the owner. (iv) Any change affecting the assessment or levy of the personal property tax has occurred for which a tax return has been previously filed. Fo The Commissioner of the Revenue shall prescribe forms for the reporting of all tangible personal property subject to taxation by this Article. For failure to timely file such a return as required by this Section, the Commissioner of the Revenue shall assess a penalty of ten (10) percent of the amount of the tax assessable. Such penalty shall become part of the tax and shall be due and payable at the time that the tax assessed is due and payable. State law reference-Tangible personal property taxes, Code of Va., § 58.1-3500 et seq. This ordinance shall become effective on January 1, 1999. INTRODUCED: November 24, 1998 PUBLIC HEARING: December 8, 1998 ENACTED: December 8, 1998 The vote on the motion to adopt the ordinance was recorded as follows: Councilman Coughlan Councilman Greenfield Councilman Lederer Councilman Petersen Councilman Rasmussen Councilman Silverthome Vote Aye Aye Aye Aye Aye Aye ATTEST: Mayor lerk