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Virginia Dealer Manual - Virginia Department of Motor Vehicles

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<strong>Virginia</strong> <strong>Dealer</strong>’s <strong>Manual</strong><br />

October 1, 2009<br />

Chapter 4: VIRGINIA MOTOR VEHICLE SALES & USE TAX & TITLE<br />

FEES<br />

• Code <strong>of</strong> <strong>Virginia</strong>: § 58.1, Chapter 24<br />

4.1 DLR 400-VIRGINIA MOTOR VEHICLE SALES & USE TAX (SUT)<br />

4.1.1 When the <strong>Dealer</strong> Must Collect SUT<br />

When you act on behalf <strong>of</strong> your customer and file application for vehicle title, you will<br />

have to collect from the customer and submit to DMV the appropriate motor vehicle sales<br />

and use tax within 30 calendar days <strong>of</strong> the purchase date. The following paragraphs<br />

explain:<br />

• The collection <strong>of</strong> the SUT<br />

• That it is based on the sales price <strong>of</strong> the vehicle<br />

• How to calculate the amount <strong>of</strong> SUT due on a particular title transaction<br />

• On which transactions an SUT adjustment may be permitted<br />

• Under what conditions a customer may be eligible for a refund <strong>of</strong> the SUT, and<br />

• Which titling transactions are exempt from SUT<br />

4.1.2 Amount <strong>of</strong> SUT Collected<br />

A tax <strong>of</strong> three percent (3%) <strong>of</strong> a vehicle’s actual sales price and dealer processing fee, if<br />

applicable, is collected by DMV each time application is made to title the vehicle. The<br />

minimum tax on the sale <strong>of</strong> any vehicle is $35.00, unless if exempt.<br />

§ 58.1-2402 Code <strong>of</strong> <strong>Virginia</strong> requires any “<strong>Dealer</strong> Processing Fee” assessed by a dealer<br />

in pursuant § 46.2-1530 (10) is to be included in the amount on which the <strong>Motor</strong> Vehicle<br />

SUT is calculated.<br />

4.1.3 Sales & Use Tax is Based on Sale Price <strong>of</strong> Vehicle<br />

• The sale price shall include any reduction in price shown on the invoice for a<br />

manufacturer's discount or dealer's price discount since they directly reduce the<br />

sale price from the dealer to the consumer. SUT should not be collected on these<br />

price reductions or discounts. Rebates are not subtracted and must be taxed.<br />

• The sale price shall not include any credit given by the dealer for a trade-in,<br />

rebate, unpaid lien or other unpaid claim against the vehicle. SUT should be<br />

collected on these credits.<br />

• When a new owner assumes the payments on a debt obligation <strong>of</strong> the prior owner,<br />

SUT is assessed based on the unpaid balance <strong>of</strong> the debt plus any payment made<br />

to the prior owner.<br />

4.1.4 Stated Sale Price Must be Reasonable<br />

If the sale price seems unreasonable when compared with the National Automobile<br />

<strong>Dealer</strong>s Association Used Car Guide or similar publication, The DMV can require the<br />

owner to file Form SUT-1 as evidence <strong>of</strong> purchase price.<br />

- 52 - <strong>Virginia</strong> <strong>Department</strong> <strong>of</strong> <strong>Motor</strong> <strong>Vehicles</strong>

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