Personal Property Tax on an Unregistered car NOT in Virginia? (Virginia Beach: insurance, house)

[LorenaMarie]

I need help!

In early 2007, my 67 yearl old mother had a stroke. In November of that year, I flew out to Virginia and drove her and her car to Texas so that she could live with me while she got her needed physical therapy, etc. She was still insistent on driving her car, so we drained as much gas out of her car as possible, then parked it in our garage. As a further deterrent, we allowed the Virginia registration and inspection to expire as well.

When my husband came home from Iraq last summer we agreed that mom should live with my brother in Houston for a month so that my husband and I could get reaquainted. In order. The car needed work on it, so my brother asked me to bring it to Houston, too. We registered the car in Texas.... that was June 2009.

Well, in February 2010, mom had completed her physical therapy. The doctors said she was fine to drive, so I took her and her car back to Virginia.

Here's the problem. The state of Virginia attached her tax return so that they could take over $200 for personal property tax on her car for 2008 and 2009. Not only was the car NOT REGISTERED from mid 08 to mid 09, it was NOT registered in Virginia. In fact, the car wasn't even in Virginia. In fact, mom was a legal resident of the state of Texas!

The state of Virginia told mom that they had the legal right to collect personal property taxes on a vehicle previously registered in Virginia up to and until it was legally registered elsewhere, regardless of the fact that the car wasn't in Virginia and neither was my mother.

Can anyone help me understand what to do to fight this??

[Colorado_Caroline]

Basically, Virginia wants proof that this vehicle was not in Virginia. I'm guessing you have no proof that the car was in Texas the whole time. It's possible you could try to fight this by taking it to court & showing proof that your mother was in Texas with you but this still doesn't prove that the car wasn't in Virginia. Sadly, I'm not sure what to tell you.

On the back of the registration for the vehicle it says that you must return the plates if you're not renewing the plates or insurance has expired on the vehicle. Because you didn't do this, the State of Virginia didn't know what was going on with the vehicle. Because you didn't follow proper protocall, it's very possible you will have to pay the past-due taxes on the vehicle.

Ps. I see people driving expired registered vehicles here all the time. Just because a vehicle's registeration has expired, doesn't mean someone isn't driving it. I'm not saying that's what you did, but obviously the state knows this.

[LorenaMarie]

I understand what you're saying. We CAN prove she was living in Texas. She moved into an active senior living center that provided her with the physical therapy she needed. So I can definitely establish Texas residency, although they never ASKED for us to prove the car was in Texas ... they just said they had the right to her money!

I'm afraid it may cost more than the $200 to take the matter to court. However, I don't want the state to get away with this bullying tactic. They are taking advantage of the fact this poor woman had a stroke! This is absolutely disgusting!

[Colorado_Caroline]

What city are the taxes owed to? Whichever city it is, contact them because they would be the one's who are seeking the money. It's technically not the state that's asking for it.

I used to live in Norfolk, but then moved to Virginia Beach. I paid half taxes to Norfolk & the other half to Virginia Beach. It's possible you could show proof that your mother was in Texas, you could also prove that it was ordered by the doctor that she wasn't allowed to drive.

Ask if there is some sort of waiver...

[LorenaMarie]

She was living in the city of Virginia Beach (Windsor Woods), now she's in Norfolk (Ocean View). I can show proof that mom was in Texas, but I can't PROVE that her car was in Texas until I registered it in Jun 09. I thought I was doing her good by allowing the registration and inspection to expire, because she could barely write her name, let alone drive a 2000 pound piece of machinery! I had no clue it would bite her in the butt! But then, you wouldn't think the state would go after taxes on a vehicle when the vehicle and the vehicle's owner weren't in the state.

[maddy1001]

I'm sorry you're having to deal with this, but this state has the craziest laws. I have been trying to get out of here for a long time, but it's like voodoo - everytime I think I'm close to moving, something happens to stop me.

Have you talked to Legal Aid - since it's your mother's debt with the locality? If you can't get anywhere with the town that's asking for the money, try Legal Aid.

Good luck!

[rtandc]

And what the State told you is completly correct so your mom is going to have to pay the money. Sorry but it is up to the owner of the vehicle to prepare the proper paperwork and notify DMV of any changes when they occur and not several years later when the bills start coming due. Allowing the registration to expire only proves that the vehicle was not being driven, it proves nothing as far as where the vehicle was being "housed" which is what you are getting billed for. Might as well pay the money and chalk it up as a lesson learned.....

[Spazkat9696]

As for the argument she shouldn't have to pay taxes on her car if she wasn't in the state. (I know you say the car wasn't, but VA was the last registration. That's what you have to go by.) I still have to pay personal property on my house even if I go to Florida. It's the same thing. It's a tax on personal property located in VA. It makes no difference where the owner is. The property is in VA. I really don't see this as a crazy law that's trying to get people. If your personal property is located in or registered in VA you have to pay taxes on it. When we moved to TX for a year first thing we did was get TX plates, so we didn't have to pay VA personal property taxes. Was your moms mail not on a forward. Did you not get the tax bills?


If she has 2 years of back taxes (08' & 09') and with all the fees and such that they attach it's only 200$ I'd say lucky and pay. My car tax is over 200$ a year, and that's without the late fee they add every month. BTW 2010 taxes have already been assessed, so she'll need to pay those too.

[emsman]

Here's how it works: A local city gets a list from DMV every year of licensed vehicles in it's jurisdiction and the personal property tax is calculated and assesed. Until the license plates are turned in to DMV and the vehicle is taken out of the system the tax is generated every year. The same works for insurance verification, if it has tags it MUST be insured, weather it runs or not. Unfortunatly she is liable for the taxes, but you can fight it. Make sure there are no warrants issued for non-payment also or she may get the scare of her life if she ever gets stopped. Be careful they don't tell Texas that you didn't register it there or you may get it again from them.

[tabbva]

So you (your mom) had the car but didn't register it in Texas, even though that's where you lived? Seems like the only way you could get out of it is if you were able to register and title it in Texas back to the time she left Virginia. Of course, then you would have to pay whatever taxes/fees Texas wants-if that's even allowed. (which I doubt it is)

If Virginia goes after you, they're not going to tell Texas. I had a similar issue when I lived in Missouri. I still had my Virginia residency (I was at school in MO owned a house in VA that I would spend my breaks at). I thought because I lived out of state and the vehicle wasn't "garaged" (I think that's the technical term) in my home county in Virginia I didn't have to pay taxes on it.

Well, after talking to many levels of beauracracy they convinced me that the car is taxable and it doesn't matter where I live, it matters where my residency is and where my car is titled.

Since your mom's car is titled in VA, she'll owe the VA taxes. Sorry.

The one good thing about having the car titled in Virginia while keeping and driving it out of state was that we didn't have to have that annoying inspection done every year!