Administrative Code

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Virginia Administrative Code
Title 23. Taxation
Agency 10. Department of Taxation
Chapter 220. Aircraft Sales and Use Tax

23VAC10-220-50. Time for payment of tax.

A. Generally. Except for monthly gross receipts tax, the aircraft sales and use tax is to be paid by the purchaser or user of the aircraft and is to be collected by the Commissioner prior to the time the owner applies to the Department of Aviation for, and obtains an aircraft license. Application for license is to be made with the Department of Aviation. Also see 23VAC10-220-10.

1. As used in this section, the phrase "prior to the time the owner applies to the Department of Aviation for, and obtains an aircraft license" refers to the requirement given in § 5.1-5 of the Code of Virginia.

2. If an aircraft originally acquired for tax exempt use and licensed without payment of the Virginia aircraft sales and use tax is subsequently utilized for non-exempt purposes, it then becomes subject to tax based on the lower of its cost or current market value.

3. If no license is required for an aircraft under § 5.1-5 of the Code of Virginia, then the Virginia aircraft sales and use tax will not be levied on the aircraft, unless transferred under a lease defined as a sale under 23VAC10-220-5.

B. Payment and collection of tax. The tax may be paid to the Department of Taxation at the Richmond headquarters or at the department's field district offices.

C. Monthly gross receipts return and payment. Any dealer, approved for dealer exclusion, must file a gross receipts return on or before the twentieth day of the month following each reporting period, even if no tax is due. Returns are prescribed and furnished by the Department of Taxation. The law does not provide for quarterly, semi-annual or annual returns.

1. No extension will be allowed for filing and/or paying the tax due for the month.

2. If the registered dealer ceases to conduct his business at the place specified in his registration application, the dealer must inform the Commissioner in writing within thirty days after he has ceased to conduct business in his name at such place. If the registered dealer desires to change his place of business, he must inform the Commissioner in writing.

Statutory Authority

§§ 58.1-203 and 58.1-1506 of the Code of Virginia.

Historical Notes

Derived from VR630-11-1506, eff. January 1, 1985, with retroactive effect according to § 58.1-203 of the Code of Virginia.

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