Chapter 3 - Income Tax
- § 58.1-300. Incomes not subject to local taxation
- § 58.1-301. Conformity to Internal Revenue Code
- § 58.1-302. Definitions
- § 58.1-303. Residency for portion of tax year
- § 58.1-304. Reserved
- § 58.1-305. Duties of commissioner of the revenue relating to income tax
- § 58.1-306. Filing of individual, estate or trust income tax returns with the Department
- § 58.1-307. Disposition of returns; handling of state income tax payments; audit
- § 58.1-308. Assessment and payment of deficiency; fraud; penalties
- § 58.1-309. Refund of overpayment
- § 58.1-310. Examination of federal returns
- § 58.1-311. Report of change in federal taxable income
- § 58.1-311.1. Report of change in taxes paid to other states
- § 58.1-312. Limitations on assessment
- § 58.1-313. Immediate assessment where collection jeopardized by delay; notice of assessment; termination of taxable period; memorandum of lien
- § 58.1-314. Lien of jeopardy assessment; notice of lien
- § 58.1-315. Transitional modifications to Virginia taxable income
- § 58.1-316. Information reporting on rental payments to nonresident payees; penalties
- § 58.1-317. Filing of estimated tax by nonresidents upon the sale of real property; penalties
- § 58.1-318. Investments eligible for tax credits
- § 58.1-319. Unclaimed tax credits; report
- § 58.1-320. Imposition of tax
- § 58.1-321. Exemptions and exclusions
- § 58.1-322. Virginia taxable income of residents
- § 58.1-322.01. Virginia taxable income; additions
- § 58.1-322.02. (Effective October 1, 2019) Virginia taxable income; subtractions
- § 58.1-322.02. (Effective until October 1, 2019) Virginia taxable income; subtractions
- § 58.1-322.03. Virginia taxable income; deductions
- § 58.1-322.04. Virginia taxable income; additional modifications
- § 58.1-322.1. Expired
- § 58.1-322.2. Expired
- § 58.1-323. Repealed
- § 58.1-323.1. Repealed
- § 58.1-324. Husband and wife
- § 58.1-325. Virginia taxable income of nonresident individuals, partners, beneficiaries and certain shareholders
- § 58.1-326. Husband and wife when one nonresident
- § 58.1-330. Repealed
- § 58.1-331. Repealed
- § 58.1-332. Credits for taxes paid other states
- § 58.1-332.1. Credit for taxes paid to a foreign country on retirement income
- § 58.1-332.2. (Applicable for taxable years beginning on or after January 1, 2007) Definition of income tax
- § 58.1-333. Repealed
- § 58.1-334. Tax credit for purchase of conservation tillage equipment
- § 58.1-335. Repealed
- § 58.1-336. Repealed
- § 58.1-337. Tax credit for purchase of advanced technology pesticide and fertilizer application equipment
- § 58.1-338. Expired
- § 58.1-339. Repealed
- § 58.1-339.1. Repealed
- § 58.1-339.2. Historic rehabilitation tax credit
- § 58.1-339.3. Agricultural best management practices tax credit
- § 58.1-339.4. Qualified equity and subordinated debt investments tax credit
- § 58.1-339.5. Repealed
- § 58.1-339.6. Political candidate contribution tax credit
- § 58.1-339.7. Livable Home Tax Credit
- § 58.1-339.8. Income tax credit for low-income taxpayers
- § 58.1-339.9. Repealed
- § 58.1-339.10. Riparian forest buffer protection for waterways tax credit
- § 58.1-339.11. Repealed
- § 58.1-339.12. Farm wineries and vineyards tax credit
- § 58.1-340. Accounting
- § 58.1-341. Returns of individuals
- § 58.1-341.1. Returns of individuals; voter registration information
- § 58.1-341.2. Returns of individuals; notification of tax return data breach
- § 58.1-342. Special cases in which nonresident need not file Virginia return
- § 58.1-343. Place of filing
- § 58.1-344. Extension of time for filing returns
- § 58.1-344.1. Postponement of time for performing certain acts
- § 58.1-344.2. Voluntary contributions; cost of administration
- § 58.1-344.3. Voluntary contributions of refunds requirements
- § 58.1-344.4. Voluntary contributions of refunds into Virginia College Savings Plan accounts
- § 58.1-345. Repealed
- § 58.1-346.1. Expired
- § 58.1-346.1:1. Repealed
- § 58.1-346.2. Expired
- § 58.1-346.2:1. Repealed
- § 58.1-346.3. Expired
- § 58.1-346.3:1. Repealed
- § 58.1-346.4. Expired
- § 58.1-346.4:1. Repealed
- § 58.1-347. Penalty for failure to file income tax returns in time
- § 58.1-348. Criminal prosecution for failure or refusal to file return of income or for making false statement therein; limitation
- § 58.1-348.1. Fraudulent assistance; penalty
- § 58.1-348.2. Authority to enjoin income tax return preparers
- § 58.1-348.3. Requirement that income tax return preparers use identification numbers
- § 58.1-348.4. Failure to provide identification number; civil penalty
- § 58.1-349. Information returns prima facie evidence
- § 58.1-350. Procuring returns from delinquent individuals or fiduciaries
- § 58.1-351. When, where and how individual income taxes payable and collectible
- § 58.1-352. Memorandum assessments
- § 58.1-353. Duties of county and city treasurer in collecting tax
- § 58.1-354. Separate individual income assessment sheets or forms; how kept
- § 58.1-355. Income taxes of members of armed services on death
- § 58.1-360. Imposition of tax
- § 58.1-361. Virginia taxable income of a resident estate or trust
- § 58.1-362. Virginia taxable income of a nonresident estate or trust
- § 58.1-363. Share of a nonresident estate, trust, or beneficiary in income from Virginia sources
- § 58.1-370. Credit to trust beneficiary receiving accumulation distribution
- § 58.1-371. Credits for taxes paid other states
- § 58.1-380. Accounting
- § 58.1-381. Returns of estates and trusts
- § 58.1-382. Place of filing
- § 58.1-383. Extension of time for filing returns
- § 58.1-390. Repealed
- § 58.1-390.1. Definitions
- § 58.1-390.2. Taxation of pass-through entities
- § 58.1-391. Virginia taxable income of owners of a pass-through entity
- § 58.1-392. Reports by pass-through entities
- § 58.1-393. Repealed
- § 58.1-393.1. Extension of time for filing return by pass-through entity
- § 58.1-394. Repealed
- § 58.1-394.1. Failure of pass-through entity to make a return
- § 58.1-394.2. Fraudulent returns, etc., of pass-through entities; penalty
- § 58.1-394.3. Pass-through entity items
- § 58.1-395. Nonresident owners
- § 58.1-400. Imposition of tax
- § 58.1-400.1. Minimum tax on telecommunications companies
- § 58.1-400.2. Taxation of electric suppliers, pipeline distribution companies, gas utilities, and gas suppliers
- § 58.1-400.3. Minimum tax on certain electric suppliers
- § 58.1-400.4. Minimum tax on home service contract providers
- § 58.1-401. Exemptions and exclusions
- § 58.1-402. Virginia taxable income
- § 58.1-403. Additional modifications to determine Virginia taxable income for certain corporations
- § 58.1-404. Reserved
- § 58.1-405. Corporations transacting or conducting entire business within this Commonwealth
- § 58.1-405.1. Eligibility of companies for apportionment modification; certification by the Virginia Economic Development Partnership Authority
- § 58.1-406. Allocation and apportionment of income
- § 58.1-407. How dividends allocated
- § 58.1-408. What income apportioned and how
- § 58.1-409. Property factor
- § 58.1-410. Valuation of property owned or rented
- § 58.1-411. Average value of property
- § 58.1-412. Payroll factor
- § 58.1-413. When compensation deemed paid or accrued in this Commonwealth
- § 58.1-414. Sales factor
- § 58.1-415. When sales of tangible personal property deemed in the Commonwealth
- § 58.1-416. When certain other sales deemed in the Commonwealth
- § 58.1-417. Motor carriers; apportionment
- § 58.1-418. Financial corporations; apportionment
- § 58.1-419. Construction corporations; apportionment
- § 58.1-420. Railway companies; apportionment
- § 58.1-421. Alternative method of allocation
- § 58.1-422. Manufacturing companies; apportionment
- § 58.1-422.1. Retail companies; apportionment
- § 58.1-422.2. Apportionment; taxpayers with enterprise data center operations
- § 58.1-422.3. Debt buyers; apportionment
- § 58.1-423. Income tax paid by commercial spaceflight entities
- § 58.1-430. Repealed
- § 58.1-431. Repealed
- § 58.1-432. Tax credit for purchase of conservation tillage equipment
- § 58.1-433. Expired
- § 58.1-433.1. Virginia Coal Employment and Production Incentive Tax Credit
- § 58.1-434. Repealed
- § 58.1-436. Tax credit for purchase of advanced technology pesticide and fertilizer application equipment
- § 58.1-437. Repealed
- § 58.1-438. Not effective
- § 58.1-438.1. Tax credit for vehicle emissions testing equipment, clean-fuel vehicles and certain refueling property
- § 58.1-439. Major business facility job tax credit
- § 58.1-439.1. Repealed
- § 58.1-439.2. Coalfield employment enhancement tax credit
- § 58.1-439.3. Repealed
- § 58.1-439.4. Day-care facility investment tax credit
- § 58.1-439.5. Agricultural best management practices tax credit
- § 58.1-439.6. Worker retraining tax credit
- § 58.1-439.6:1. Worker training tax credit
- § 58.1-439.7. Tax credit for purchase of machinery and equipment for processing recyclable materials
- § 58.1-439.8. Repealed
- § 58.1-439.9. Tax credit for certain employers hiring recipients of Temporary Assistance for Needy Families
- § 58.1-439.10. Tax credit for purchase of waste motor oil burning equipment
- § 58.1-439.11. Repealed
- § 58.1-439.12. Riparian forest buffer protection for waterways tax credit
- § 58.1-439.12:01. Credit for cigarettes manufactured and exported
- § 58.1-439.12:02. Biodiesel and green diesel fuels producers tax credit
- § 58.1-439.12:03. Motion picture production tax credit
- § 58.1-439.12:04. Tax credit for participating landlords
- § 58.1-439.12:05. Green job creation tax credit
- § 58.1-439.12:06. International trade facility tax credit
- § 58.1-439.12:07. Telework expenses tax credit
- § 58.1-439.12:08. Research and development expenses tax credit
- § 58.1-439.12:09. Barge and rail usage tax credit
- § 58.1-439.12:10. Virginia port volume increase tax credit
- § 58.1-439.12:11. Major research and development expenses tax credit
- § 58.1-439.12:12. Food crop donation tax credit
- § 58.1-439.13. Repealed
- § 58.1-439.17. Grants in lieu of or in addition to tax credits
- § 58.1-439.18. Definitions
- § 58.1-439.19. Public policy; business firms; donations
- § 58.1-439.20. Proposals to the State Board of Social Services; regulations; tax credits authorized
- § 58.1-439.20:1. Proposals to the Department of Education; guidelines; tax credits authorized
- § 58.1-439.20:2. Expiration
- § 58.1-439.21. Tax credit; amount; limitation; carry over
- § 58.1-439.22. Donations of professional services
- § 58.1-439.23. Donations of contracting services
- § 58.1-439.24. Donations by individuals
- § 58.1-439.25. (Applicable to taxable years beginning before January 1, 2024) Definitions
- § 58.1-439.25. (Applicable to taxable years beginning January 1, 2024) Definitions
- § 58.1-439.26. Tax credit for donations to certain scholarship foundations
- § 58.1-439.27. Scholarship foundation eligibility and requirements; list of foundations receiving donations
- § 58.1-439.28. (Applicable to taxable years beginning before January 1, 2024) Guidelines for scholarship foundations
- § 58.1-439.28. (Applicable to taxable years beginning January 1, 2024) Guidelines for scholarship foundations
- § 58.1-440. Accounting
- § 58.1-440.1. Accounting-deferred taxes
- § 58.1-441. Reports by corporations
- § 58.1-442. Separate, combined or consolidated returns of affiliated corporations
- § 58.1-443. Prohibition of worldwide consolidation or combination
- § 58.1-444. Several liability of affiliated corporations
- § 58.1-445. Consolidation of accounts
- § 58.1-445.1. Repealed
- § 58.1-446. Price manipulation; intercorporate transactions; parent corporations and subsidiaries
- § 58.1-447. Execution of returns of corporations
- § 58.1-448. Forms to be furnished
- § 58.1-449. Supplemental reports
- § 58.1-450. Failure of corporation to make report or return
- § 58.1-451. Fraudulent returns, etc., of corporations; penalty
- § 58.1-452. Fraudulent returns; criminal liability; penalty
- § 58.1-453. Extension of time for filing returns by corporations
- § 58.1-454. Department may estimate corporation's tax when no return filed
- § 58.1-455. Time of payment of corporation income taxes; penalty and interest for nonpayment
- § 58.1-460. Definitions
- § 58.1-461. Requirement of withholding
- § 58.1-462. Withholding tables
- § 58.1-463. Other methods of withholding
- § 58.1-464. Miscellaneous payroll period applicable to withholding in payment of certain wages; withholding on basis of average wages
- § 58.1-465. Overlapping pay periods, and payment by agent or fiduciary
- § 58.1-466. Additional withholding
- § 58.1-467. Failure of employer to withhold tax; payment by recipient of wages
- § 58.1-468. Failure of employer to pay over tax withheld
- § 58.1-469. Included and excluded wages
- § 58.1-470. Withholding exemption certificates
- § 58.1-471. Fraudulent withholding exemption certificate or failure to supply information
- § 58.1-472. Employer's returns and payments of withheld taxes
- § 58.1-473. Jeopardy assessments
- § 58.1-474. Liability of employer for failure to withhold
- § 58.1-475. Penalty for failure to withhold
- § 58.1-476. Continuation of employer liability until notice
- § 58.1-477. Extensions
- § 58.1-478. Withholding tax statements for employees; employers must file annual returns with Tax Commissioner; penalties
- § 58.1-478.1. Information furnished to the Department of Taxation
- § 58.1-479. Refund to employer; time limitation; procedure
- § 58.1-480. Withheld amounts credited to individual taxpayer; withholding statement to be filed with return
- § 58.1-481. Withheld taxes not deductible in computing taxable income
- § 58.1-482. Certain nonresidents; reciprocity with other states
- § 58.1-483. Withholding state income taxes of federal employees by federal agencies
- § 58.1-484. Liability of employer for payment of tax required to be withheld
- § 58.1-485. Willful failure by employer to make return, to withhold tax, to pay it or to furnish employee with withholding statement; penalty
- § 58.1-485.1. False claims of employment status; penalty
- § 58.1-486. Bad checks
- § 58.1-486.1. Definitions
- § 58.1-486.2. Withholding tax on Virginia source income of nonresident owners
- § 58.1-486.3. Penalty
- § 58.1-490. Declarations of estimated tax
- § 58.1-491. Payments of estimated tax
- § 58.1-491.1. Payments estimated by certain members of the armed services
- § 58.1-492. Failure by individual, trust or estate to pay estimated tax
- § 58.1-493. Declarations of estimated tax to be filed with commissioner of revenue of county or city
- § 58.1-494. Sheets or forms for recording declarations of estimated tax; recording
- § 58.1-495. Payment of estimated tax; notice of installment due; information to be transmitted to Department
- § 58.1-496. Willful failure or refusal to file declaration of estimated tax, or making false and fraudulent statement, a misdemeanor
- § 58.1-497. Section 58.1-306 applicable to declaration of estimated tax
- § 58.1-498. Oaths or affirmations unnecessary on returns, declarations and reports; misdemeanor to file false return, declaration or report
- § 58.1-499. Refunds to individual taxpayers; crediting overpayment against estimated tax for ensuing year
- § 58.1-500. Declarations of estimated income tax required; contents, etc.
- § 58.1-501. Time for filing declarations of estimated income tax
- § 58.1-502. Installment payment of estimated income tax
- § 58.1-503. Where declarations filed and how payments made; crediting or refunding overpayments
- § 58.1-504. Failure to pay estimated income tax
- § 58.1-510. Purpose
- § 58.1-511. Definitions
- § 58.1-512. Land preservation tax credits for individuals and corporations
- § 58.1-512.1. Determination of fair market value of donation
- § 58.1-513. Limitations; transfer of credit; gain or loss from tax credit
- § 58.1-520. (Contingent expiration) Definitions
- § 58.1-520. (Contingent effective date) Definitions
- § 58.1-520.1. Recovery of administrative costs
- § 58.1-521. Remedy additional; mandatory usage; obtaining identifying information
- § 58.1-522. Participation in setoff program not permitted where debt below certain levels
- § 58.1-523. Department to aid in collection of sums due claimant agencies through setoff
- § 58.1-524. Notification of Department by claimant agency; action of Department
- § 58.1-525. Notification of intention to set off and right to hearing
- § 58.1-526. Hearing procedure
- § 58.1-527. Appeals from hearings
- § 58.1-528. Certification of debt by claimant agency; finalization of setoff
- § 58.1-529. Notice of final setoff
- § 58.1-530. (Contingent expiration -- see Editor's note) Priorities in claims to be setoff
- § 58.1-530. (Contingent effective date -- see Editor's note) Priorities in claims to be setoff
- § 58.1-531. Disposition of proceeds collected; Department's annual statement of costs
- § 58.1-531.1. Errors in setoff program
- § 58.1-532. Accounting to claimant agency; confidentiality; credit to debtor's obligation
- § 58.1-533. Confidentiality exemption; use of information obtained
- § 58.1-534. Rules and regulations
- § 58.1-535. Application of funds on deposit
- § 58.1-540. Repealed
