Personal property taxes

Montgomery County is a prorating county per County ordinance ORD-FY-16-07

The Commissioner of Revenue assesses personal property. Payment of personal property taxes is made to the Treasurer. Personal property is assessed based on ownership and garage jurisdiction. Personal property tax rates are set annually by the Board of Supervisors.

Personal property is assessed using recognized pricing guides. Montgomery County uses J.D. Power (former NADA). If these guides do not list your vehicle, then factors include cost and percentage of depreciation. If cost is not available, then fair market value is used.

If your vehicle has body damage or mechanical problems and there is documentation verifying the vehicle was damaged on or before Jan. 1, an adjustment may be made. If the vehicle is not repaired, documentation is required each year by May 1.

High mileage is also taken into consideration with proper documentation. The high mileage application must be filed by May 1 each year.

For boats and other watercraft, Vessel Valuation Services (ABOS/Marine Blue Book) are used as the pricing guide. If your watercraft is not listed, then original cost and depreciation is used. Registration information is received from the Department of Game and Inland Fisheries. If your watercraft is not located in Montgomery County, proof of where it is located must be supplied.

Appeals to assessed values will be accepted on the appeal of personal property assessment form. Please remember you must attach documentation that supports your appeal. Appeals will be reviewed within 10 days. If it is within 2 weeks of the payment due date, please pay your bill, and if there is a correction made, you will be issued a refund.

Personal Property Change Form Instructions: The Personal Property Change Form allows you to change your address, tell us if you purchased a vehicle, sold a vehicle, or moved in or out of the county. Below is an ordinance passed by the Montgomery County Board of Supervisors in July of 2014 that requires you to file this form with the Commissioner of the Revenue within 60 days to avoid a penalty of 5% or $10, whichever is greatest. Please list any changes and mail or email the form to the Commissioner of the Revenue.

Sec. 2-32. - Filing of personal property tax returns - Generally.

• (a)Every person in the county subject by law to tangible personal property taxation shall file a tangible personal property tax return with the commissioner of the revenue of the county on forms furnished by such office on or before May 1 of each calendar year with the exception of motor vehicles and trailers that acquired a situs within the county or are transferred to a new owner in the county after Jan. 1, for which the deadline shall be 60 days following the date of such transfer or acquisition of situs in the county. Any person failing to file such return on or before the due date shall incur a penalty thereon of 5 percent of the tax assessable on such return or $10, whichever is greater, which shall be added to the amount of taxes or levies due from such taxpayer and which, when collected by the treasurer, shall be accounted for in his settlements; provided, however, that the penalty shall in no case exceed the amount of tax assessable.


• (b)Notwithstanding the filing requirements described above, 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, shall not be required to file another personal property tax return on such vehicle, until and if such situs or status changes.

For the purposes of this section, the term "change in status" shall mean one or more of the following:
• A change occurs in the name or address of the person or persons, or entity, owning or leasing such tangible personal property.
• A change occurs in the taxable situs of tangible personal property.
• Any action which causes personal property to acquire situs in the county occurs, for which no personal property tax return has been filed by the owner.
• Any change affecting the assessment or levy of the personal property tax occurs for which a tax return has been previously filed, or the use of a personal vehicle has changed to business use, thereby affecting application of the Personal Property Tax Relief Act.


• (c)The commissioner of the revenue may grant 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. The commissioner shall keep a record of every such extension. 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.
  Penalty for failure to file a return shall not be imposed if such failure was not the fault of the taxpayer. The treasurer shall make such determinations of fault relating exclusively to failure to pay a tax and the commissioner of the revenue shall make such determinations relating exclusively to failure to file a return.


• (d)All taxes or levies on tangible personal property in the county shall be due and payable during the year for which the same are assessed and shall be paid to the treasurer of the county on or before Dec. 5 of such year.


• (e)All taxes or levies on real estate in the county shall be due and payable during the year for which the same are assessed and shall be paid to the treasurer of the county in two approximately equal installments as follows: one-half (1/2) on or before June 5 and one-half (1/2) on or before Dec. 5 of such year.

(Code 1975, § 7-2; Ord. No. 1982-10, 6-7-82; Ord. No. ORD-FY-15-02, 8-11-14)

State Law reference - Taxpayers to file returns, Code of Virginia, § 58.1-3518; penalty for failure to pay taxes by December 5, Code of Virginia, § 58.1-3915; authority of county to provide for payment of real estate taxes in installments, Code of Virginia, § 58.1-3916.

 

FAQ

If I move after Jan. 1, do I still owe personal property taxes to Montgomery County?

• Yes, Montgomery County is a prorating county. You will pay taxes on your vehicle for the time that your vehicle is located in Montgomery County.
• If you move to Montgomery County from a non-prorating county, Montgomery County will not tax you until the following year.
• If you move from Montgomery County to a non-prorating county, you will pay Montgomery County the taxes for the full year.
• If you move to or from a prorating county you will pay Montgomery County for the time that your vehicle was here.
• If you move out of state you will need to send proof of registration in that state to our office and you will pay Montgomery County up until the date you registered in the other state.

If I am military and my home state is not Virginia, do I still owe personal property taxes? (Home state is the state listed on your LES.)

No, but you will need to file a certificate of legal residence each year and attach the current year Leave and Earnings Statement (LES) showing your home of record. (Home of record is the state listed on your LES.)