Sec. 40-210. - Definition.

For the purpose of and as used in this article, the words "personal property" shall be defined as and include all tangible personal property, machinery and tools, merchants capital, equalized and unequalized personal property of public service corporations, including automobiles and trucks of public service corporations, mobile homes and boats which are subject to local taxation by the Code of Virginia, 1950, as amended.

(Ord. No. 3885-89)

Sec. 40-211. - Assessment date.

For the calendar year beginning January 1, 1986, and ending December 31, 1986, and for each and every calendar year thereafter, unless changed, all personal property shall be assessed as of January first of each calendar year, which date shall be known as the "effective date of assessment" or the "tax day."

(Ord. No. 3885-89)

Sec. 40-212. - When personal property tax due and payable.

For the calendar year beginning January 1, 1986, and for each and every calendar year thereafter, unless changed, all personal property taxes levied by the city shall be due and payable to the treasurer of the City of Newport News in two (2) installments. The first such installment shall be due and payable on or before the fifth day of June, and the second such installment shall be due and payable on or before the fifth day of December of the calendar year for which the tax is imposed.

(Ord. No. 3885-89)

Sec. 40-213. - Taxpayers to file returns.

(a)

Every person owning any of the property mentioned in this article on January first of any year shall file a return thereof with, and on forms prescribed by, the commissioner of the revenue of the City of Newport News on or before February fifteenth of each such year. In the case of machinery and tools or any personal property used in a business, the return required hereby shall be filed on or before March first of each such year.

(b)

Every person who acquired personal property subsequent to January first of any year shall file a return thereof with the commissioner of the revenue of the City of Newport News and tender the prorated amount of taxes due to the treasurer of the City of Newport News on or before the next personal property tax payment date, except that the tax on personal property purchased within thirty (30) days of personal property tax payment date shall not be due until the next subsequent personal property tax payment date.

(c)

Every person who sells or otherwise transfers ownership or title to any personal property subsequent to January first of any year shall, within thirty (30) days thereof, report the sale or transfer to the treasurer of the City of Newport News in the event the said personal property was included on the taxpayer's personal property tax return. In the event that personal property was not included on the taxpayer's personal property tax return, the sale or transfer shall be reported to the commissioner of the revenue of the City of Newport News within thirty (30) days.

(Ord. No. 3885-89; Ord. No. 5381-00, § 1)

Sec. 40-213.1. - Personal property returns—Motor vehicles and trailers.

(a)

Notwithstanding anything to the contrary in section 40-213(a), any person who has filed a personal property return for a motor vehicle or trailer, for which there has been no change in situs or status as hereinafter described, shall not be required to file another personal property return on such vehicle or trailer. The annual assessment and taxation of such motor vehicles and trailers shall be based on the most recent personal property return filed by the owner.

(b)

The owner shall file a new or amended personal property return with the commissioner of the revenue, as provided under section 40-213, when any of the following events occur:

(1)

A change in ownership due to purchase, acquisition, sale, trade or disposal.

(2)

A change in the name or address of the person or persons owning or leasing the motor vehicle or trailer.

(3)

A change in the use of the motor vehicle or trailer from personal to business use or vice versa.

(4)

Any event or occurrence which causes a motor vehicle or trailer to acquire or lose situs for taxation.

(5)

Any other change affecting the assessment or levy of personal property tax on the motor vehicle or trailer for which a return was previously filed.

The new or amended personal property return shall be filed with the commissioner of the revenue within thirty (30) days of a change in situs or other triggering event identified herein.

(c)

Nothing in this section shall preclude the commissioner of the revenue from assessing taxable personal property in accordance with this chapter and Title 58.1, Chapter 35, of the Code of Virginia.

(Ord. No. 6436-07)

Sec. 40-214. - Tax bills.

The treasurer of the City of Newport News shall send to each taxpayer assessed with personal property taxes a bill or bills indicating the amount of personal property taxes owed by each taxpayer. The bill or bills for personal property taxes due on June fifth shall be sent by United States mail to each taxpayer not later than May twenty-second of each year, and the bill or bills for personal property taxes due on December fifth shall be sent by United States mail to each taxpayer not later than November twenty-first of each year.

(Ord. No. 3885-89; Ord. No. 5606-01, § 1)

Sec. 40-215. - When taxes received; penalty and interest for late payment.

(a)

Treasurer to receive taxes. The treasurer of the City of Newport News shall collect personal property taxes and continue to collect the amount due and payable for the semiannual installment payments, up to and including the due date as set out in this article, without penalty or interest thereon.

(b)

Penalty for failure to pay installments when due. Any person failing to remit the installment payments of personal property taxes on or before the due dates as set out in this article shall incur a penalty thereon of ten (10) percent, which said penalty shall be added to the amount of taxes due from such taxpayer and shall be collected and accounted for by the treasurer of the City of Newport News.

(c)

Interest on taxes and penalties not paid when due. There shall be interest charged at the rate of ten (10) percent per annum from the first day of the month following the month in which such taxes are due, and such interest shall be collected and accounted for by the treasurer of the City of Newport News upon the taxes due and any penalties thereon.

(Ord. No. 3885-89; Ord. No. 3966-89)

Sec. 40-216. - Proration of certain personal property taxes.

(a)

For the calendar year beginning January 1, 1986 and ending on December 31, 1986, and for each and every calendar year thereafter, unless changed, each and every motor vehicle, trailer, boat, and mobile home which acquires a situs within the City of Newport News after the tax day or situs day of January first of each year, shall be taxed for the balance of the tax year. Such tax shall be prorated on a monthly basis, and for the purposes of proration, a period of more than one-half (½) of a month shall be counted as a full month and a period of less than one-half (½) of a month shall not be counted; except that such tax on mobile homes shall be prorated on a quarterly basis, and for the purposes of proration, a period of forty-five (45) days or more shall be counted as a full quarter and a period of less than forty-five (45) days shall not be counted.

(b)

When any person, after the tax day or situs day, acquires a motor vehicle, trailer, boat, or mobile home with a situs in Newport News, the tax shall be assessed on the motor vehicle, trailer, boat, or mobile home as provided above for that portion of the tax year during which the new owner owns the motor vehicle, trailer, boat, or mobile home, and it has a situs within Newport News. When any person sells or otherwise transfers ownership or title to a motor vehicle, trailer, boat, or mobile home having a situs in Newport News after the tax day or situs day, the tax thereon shall be relieved and prorated on a monthly or quarterly basis as provided above, and the appropriate amount of any tax already paid shall be (i) refunded, or (ii) credited against the tax due on any motor vehicle, trailer, semi-trailer or boat owned by the taxpayer during the same tax year.

(Ord. No. 3885-89; Ord. No. 5817-02, § 1; Ord. No. 5833-02, § 1)

Sec. 40-217. - Personal property tax relief; amount of reimbursement.

(a)

The amount of personal property tax reimbursements to taxpayers beginning with the calendar tax year 2006 which are required by the provisions of the Virginia Personal Property Tax Relief Act of 1998 (PPTRA), as amended; the provisions of Section 58.1-3523, et seq. of the Code of Virginia, 1950, as amended; and subject to the limitations stated therein, shall be:

(1)

One hundred (100) percent of the reimbursable dollar amount for qualifying personal use vehicles used for nonbusiness purposes with a value of one thousand dollars ($1,000.00) or less; and

(2)

The reimbursable dollar amount for qualifying personal use vehicles with a value of more than one thousand dollars ($1,000.00) shall be based on the application of the remaining PPTRA reimbursement from the Commonwealth of Virginia to the projected personal property tax book value for each tax year.

(b)

Pursuant to authority conferred in Item 503.D of the Commonwealth of Virginia 2005 Appropriations Act, the city treasurer is authorized to issue a supplemental personal property tax bill, in the amount of one hundred (100) percent of tax due without regard to any former entitlement to the state's PPTRA relief, plus applicable penalties and interest, to any taxpayer whose taxes with respect to a qualifying vehicle for tax year 2005, or any prior tax year, remain unpaid on September 1, 2006, or such date as state funds for reimbursement of the state's share of such bill have become unavailable, whichever earlier occurs.

(c)

Penalty and interest with respect to bills issued pursuant to subsection (b) of this section shall be computed on the entire amount of tax owed. Interest shall be computed at the rate provided in section 40-215 from the original due date of the tax.

(d)

Reimbursable dollar amount means the value of a qualifying personal use vehicle up to the first twenty thousand dollars ($20,000.00) of value multiplied by the effective annual personal property tax rate.

(e)

To the extent provisions of this section may conflict with any prior ordinance or provision of the city code, the provisions of this section shall control.

(Ord. No. 6171-05, § 1)

Secs. 40-218—40-219. - Reserved.