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Thread: Oh Virginia Gals! I think I may have a lead in fighting the vehicle property taxes!

  1. Happy wife...happy life!
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    #1

    Exclamation Oh Virginia Gals! I think I may have a lead in fighting the vehicle property taxes!

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    http://192.156.19.104/jaL_mess.nsf/c...4?OpenDocument

    a. Who does the SCRA protect? Members of the Navy, Marine Corps, Army, Air Force, and Coast Guard on active duty (including reserves ordered to duty), PHS and NOAA officers, and National Guard members called to Federal active service in excess of thirty (30) days. U.S. citizens serving in the prosecution of a war or military action with a U.S. ally are likewise protected. Several sections also extend protections to servicemembers' dependents (which generally includes spouse, children, and those you provide more than one-half of their support). 511 516.



    http://usmilitary.about.com/library/.../blchap6-4.htm


    Motor vehicles. Section 514(2)(b) provides that the term taxation includes "licenses, fees, or excises in respect to motor vehicles or the use thereof" but only if a license, fee, or excise required by the home state has been paid. In California v. Buzard, the Supreme Court held that even though the law of the home state exempted a resident from payment of a license, fee, or excise when the vehicle was not driven in the home state, the service member would have to register and license his vehicle in his home state in order to qualify for the exemption from payment of a license, fee, or excise tax in the host state. If a service member does not pay to license and register his car in his home state, the host state may require him to pay in order to register his vehicle in the host state. The service member does not, however, have to pay the entire amount assessed if a portion of the license, fee, or excise exceeds the amount necessary to defray the cost of issuance and administration. The Court also held in Buzard that the excessive amount is an ad valorem tax that may not be imposed by the host state upon a service member's personal property. This specifically includes motor vehicles.

    The motor vehicle, then, may fit into two categories. First, as a piece of tangible non-business property it is exempt from ad valorem taxes regardless of the authority or desire of the host state to tax it. Second, as a machine that moves on the streets and highways of the host state, it is subject to the police power of the host state. A state may exercise its police power to require a service member to register a vehicle in its jurisdiction if, and only if, the service member has not registered the vehicle in the home state. Where the registration fee or license may properly be exacted by the host state, any portion assessed as revenue need not be paid.

    A similar rule applies to the requirement for municipal registration. So long as the requirements of the home state are met, the political subdivision has no greater right than the host state to impose its own requirements. A service member need not, however, pay a similar tax or fee to the state of domicile in order to avoid municipal revenue-raising taxes in the host state. Nonresident service members are exempt from paying revenue-raising taxes regardless of whether they paid similar taxes in their state of domicile.



    I REFUSE to give up my fight on paying outrageous and ridiculous property taxes to the state of Virginia for our vehicles.....

    Bryan's going to call tomorrow to get an appointment with JAG or legal services...
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    #2
    So is it that your name is also on the registration and that's why you're being made to pay the taxes? Or is it that you don't want to pay? OR is your DH a resident of VA?
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    Quote Originally Posted by Jayo View Post
    So is it that your name is also on the registration and that's why you're being made to pay the taxes? Or is it that you don't want to pay? OR is your DH a resident of VA?

    So is it that your name is also on the registration and that's why you're being made to pay the taxes? YES!!!
    Or is it that you don't want to pay? I refuse to pay it! The city told us we'd be exempt from paying the personal property taxes IF my husband's name was on the title and registration SOLEY. I REFUSE to relinquish my rights to an asset(s)
    OR is your DH a resident of VA: Nope...Bryan is a resident of PA. I am a resident of CA.
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    #4
    So, if you don't want to pay taxes in VA, would you be ok with paying personal property taxes in CA?

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    Quote Originally Posted by Victoria View Post

    So is it that your name is also on the registration and that's why you're being made to pay the taxes? YES!!!
    Or is it that you don't want to pay? I refuse to pay it! The city told us we'd be exempt from paying the personal property taxes IF my husband's name was on the title and registration SOLEY. I REFUSE to relinquish my rights to an asset(s)
    OR is your DH a resident of VA: Nope...Bryan is a resident of PA. I am a resident of CA.
    - that's how it's written Victoria. If the vehicles are in the active duty members name completely - they are exempt. If it's JT (Joint) Bryan and You. They will require that you pay it, (I'm thinking you could argue that you only pay half of what they would charge you i.e. your PPTaxes annually are $100.00, argue that since it's a joint asset and Bryan is active duty, his part should be pro-rated/waived (Instead of $100.00, $50.00 for the year). Since your on it, and not active duty they will want you to pay.
    When the vehicle is just in the spouses name. They require that you pay the entire amount. Oh and by the way if you relinquish your asset/vehicle. LOL You have to fill our various forms. When you change the title over, if it's paid off (lien free) you have to relinquish the plates (not sure if this applies to JT, but it does apply to if you were just on the vehicle) and have it reinstated under his name alone and his new plates. Are we having fun yet? -

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    #6
    When we switched our registrations DH went to taxe up a copy of his LES.(forgot who) He was told it was now a federal law, In his name only he does not have to pay for his truck. My car we have to pay because it's in both our names. I thinkit sucks but it's the law. My car is paid off so when he gets back we are going to put the title in his name. I am not sure if I can do it with a POA.
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    #7
    We are in the same boat. I refuse to give my "ownership" of our 96 Bronco by removing my name. So thus, we'll be registering out of state. Good luck with your fight. I absolutely agree with you. A lot of laws that apply to service members need to apply to spouses for the simple fact that we too get moved around a lot.
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    #8
    not to be rude, but they won't make exceptions even if you bring a piece of paper stating all what you wrote. The ONLY way they will not make you pay is if the title and registration is solely in your DH's name.

    If the car isn't titled in your name, why do you think that would relinquish your rights to an asset? If you and your DH get a divorce & you purchased the vehicle together, just because it's titled in his name it doesn't mean that the car will go to him.

    Once again, I'm not trying to be rude, I'm just telling you from experience





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    #9
    well see we never had that problem because both of our vehicles are in my hubbys name only for now. Once he retires from the service he can put my name on it but both our vehicles are paid for too. I have to admit I was a little upset that he didnt put my name on both of them but I see the point in not doing so for now that way we dont have to pay the personal property tax.


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    #10
    I think it's awesome that you're fighting it. I think we all understand that the law is written that way, but that doesn't make it right. Wives shouldn't have to be invisible just so that service members can reap the full benefits that they rightly deserve.

    I had a similar problem with moving our Jeep from Hawaii to Georgia. It was our only vehicle, but it was in my name since I bought it before we were married. They refused to move it that way. I thought a marriage license took care of that kind of discrepancy? So I had to sign away my Jeep in order to keep it, unless we wanted to pay for it ourselves, and not have the government pay at all. I felt violated, seriously. Like I wasn't worth anything, not even my own property, even though I am a committed spouse, following my husband all over the planet to allow him to do his job. It really irks me.

    I really think these laws that make us choose between equal ownership and giving up their benefits are assanine (sp?). And I think it's awesome that you are trying to fight it Victoria. Nothing changes if no one speaks up, right? Good luck - I hope you get a motivated person at Legal who still wants to change the world!
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