There is a newer version
of
this Chapter
2018 Code of Virginia
Title 58.1 - Taxation
Chapter 3 - Income Tax
Article 1. General Provisions
- § 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
Article 2. Individual Income Tax
- § 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. 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 Repealed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 Repealed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
Article 3. Tax Credits for Individuals
- § 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 Repealed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 Repealed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 Repealed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
Article 4. Accounting, Returns, Procedures for Individuals
- § 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
Article 6. Taxation of Estates and Trusts
- § 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
Article 7. Tax Credits for Estates and Trusts
- § 58.1-370. Credit to trust beneficiary receiving accumulation distribution
- § 58.1-371. Credits for taxes paid other states
Article 8. Accounting, Returns, Procedures for Estates and Trusts
- § 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
Article 9. Taxation of Partnerships
- § 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
Article 10. Taxation of Corporations
- § 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
Article 13. Tax Credits for Corporations
- § 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
- § 58.1-439.7. 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
Article 13.1. Grants for Investment and Research and Development in Tobacco-Dependent Localities
Article 13.2. Neighborhood Assistance Act Tax Credit
- § 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
Article 13.3. Education Improvement Scholarships Tax Credits
- § 58.1-439.25. 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. Guidelines for scholarship foundations
Article 14. Accounting, Returns, Procedures for Corporations
- § 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
Article 16. Income Tax Withholding
- § 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
Article 16.1. Withholding by Pass-Through Entities
- § 58.1-486.1. Definitions
- § 58.1-486.2. Withholding tax on Virginia source income of nonresident owners
- § 58.1-486.3. Penalty
Article 19. Estimated Tax
- § 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
Article 20. Estimated Taxes of Corporations
- § 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
Article 20.1. Virginia Land Conservation Incentives Act of 1999
- § 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
Article 21. Setoff Debt Collection Act
- § 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
Article 22. Local Income Tax
Disclaimer: These codes may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
