Administrative Code

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Virginia Administrative Code
Title 23. Taxation
Agency 10. Department of Taxation
Chapter 110. Individual Income Tax

23VAC10-110-310. When, where and how taxes payable and collectible.

A. Generally. Every person who is liable for the income tax must pay the full amount of tax shown on the face of the return on or before the due date of such return. The tax should be paid to the treasurer of the city or county with whose commissioner of revenue the return is filed. Payment should be made by attaching a check to the face of the return. If any check is not paid by the bank on which it is drawn, the individual who tenders the check shall be liable for payment of the tax as though the tax had not been tendered. In addition, such taxpayer may become liable for penalties and interest for late payment as set forth in subsection C.

B. Return prior to close of taxable year. An individual may file a return and make full payment of the tax due for any taxable year prior to the close of such taxable year provided he is able to file a complete return. An early return may not be filed by any person who has not received a statement of wages and earnings from his employer, if applicable.

C. Penalties and interest.

1. Generally. Whenever any individual fails to make full payment of his actual tax liability on or before the due date of the return, he shall be liable for a penalty of 5% of the unpaid balance of the tax. This penalty shall be added to such unpaid balance and the total shall become immediately due and payable. If the taxpayer also fails to file a timely return, the penalty provided in 23VAC10-110-300 will also apply.

2. Exception where additional tax assessed by commissioner of revenue. The penalty provided for by this section shall not apply to any additional tax assessed by the commissioner of revenue of the city or county in which the taxpayer's return is filed pursuant to the provisions of § 58.1-305 of the Code of Virginia provided the return was made in good faith. However, interest on any such underpayment shall accrue from the due date of the return until paid.

For additional penalty for tendering bad check see 23VAC10-20-50.

Statutory Authority

§§ 58.1-203 and 58.1-351 of the Code of Virginia.

Historical Notes

Derived from VR630-2-351; adopted September 19, 1984; revised eff. January 1, 1985 with retroactive effect according to Va. Code § 58-48.6 (recodified as Section 58.1-203).

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