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19931214 1993-48ORDINANCE NO. 1993- 48 AN ORDINANCE AMENDING SECTIONS 8-3.5 AND 8-3.8 OF ARTICLE I, CHAPTER 8 OF THE CODE OF THE CITY OF FAIRFAX CONCERNING DUE DATES FOR PAYMENT OF PERSONAL PROPERTY TAXES. BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Sections 8-3.5 and 8-3.8, of Article I, Chapter 8 of the Code of the City of Fairfax are hereby amended to read in their entirety as follows: Sec. 8-3.5. Payment date. Except where personal property taxes are prorated by law, all taxes on tangible personal property and machinery and tools shall be due and payable on Dccc~.~cr ~ October 5 in the year assessed and if not timely paid, shall be subject to a penalty of ten (10) percent of the amount of the tax payable. Any penalties when so assessed shall become part of the tax. Sec. 8-3.8. Proration of personal property tax on motor vehicles. (a) Personal property tax. Effective January 1, 1993, a personal property tax shall be levied and collected on all motor vehicles which have acquired a situs in the city after January 1 of each year for the balance of such tax year. When a motor vehicle with a situs in the city is transferred to a new owner within the city, the tax on the motor vehicle shall be prorated to the new owner for the portion of the tax year during which the new owner owns the motor vehicle. When a motor vehicle loses its situs within the city or has its title transferred after January 1 of the tax year, the taxpayer shall, upon application to the commissioner of the revenue, be relieved from the tax, prorated on a monthly 1 1993-48 basis, and receive from the treasurer a refund or credit, at the option of the taxpayer, for the tax already paid, provided that such application is made within three (3) years from the last day of the tax year during which the motor vehicle lost its situs in the city or title was transferred. No refund or credit shall be made if the motor vehicle acquires a situs within the commonwealth in a nonprorating locality. 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. Any person who moves from the nonprorating locality into the city in a single tax year shall be entitled to a property tax credit in the city if the person was liable for personal property taxes on a motor vehicle and has paid those taxes to a nonprorating 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 nonprorating locality for the original vehicle. (b) Filing dates, penalty. Effective January 1, 1993, tax returns for all motor vehicles which acquire a situs within the city or have title transferred on January 2 through April 2 of the tax year shall be filed on or before May 1 of the tax year. Motor vehicles which acquire a situs in the city or have title transferred on or after April 2 of the tax year shall be filed within thirty (30) days of the date on which the situs is acquired or title transferred. Any person failing to file a personal property return on motor vehicles as required by law shall incur a penalty of ten (10) percent of the taxes assessed. Such penalty for late filing shall be assessed on the day after the return is due. Such penalty shall become part of the tax and be due and 2 -2 1993-48 payable at the time that the tax assessed is due and payable. (c) Payment dates. Effective January 1, 1993 ~, payment of taxes for any motor vehicle which acquired a situs in the city or have title transferred on or before Scptcmbcr 30 Auqust 31 of the tax year shall be paid on or before ~ October 5 of the tax year. Taxes on motor vehicles which acquire a situs in the city after ~^~A~ 30 Auqust 31 shall be paid .... bcfcr~ ........... ~ yca~ within 30 days of billinq or October 5, whichever is later. Taxes not paid by the due dates as required by law are subject to a penalty of ten (10) percent of the amount of tax payable. Any penalties herein when so assessed shall become part of the tax. In addition to such penalties, interest shall be imposed on such delinquent taxes including penalties from the first day following the day such taxes are due. The rate of interest on delinquent taxes shall be as follows: Ten (10) percent during the first year of delinquency and thereafter at the rate of interest established pursuant to section 58.1-3916 of the Code of Virginia, as amended. (d) Exemption when taxes paid elsewhere in the commonwealth. Effective January 1, 1993, an exemption from prorated personal property taxes and any penalties arising therefrom shall be granted for any tax year or portion thereof during which the property was legally assessed by another jurisdiction in the Commonwealth and such tax on the assessed property was paid. -3 1993-48 This ordinance shall become effective at 12:01 a.m. on January 1, 1994. -4 INTRODUCED : PUBLIC HEARING : ADOPTED : ATTEST: Clerk November 23, 1993 December 14, 1993 December 14, 1993 MAYOR 4