Virginia Law

A. In general. Every corporation which expects its income tax to exceed $1,000 for the taxable year is required to file a declaration of estimated tax and to pay the tax in installments during the taxable year. The payments of estimated tax are considered payments on account of the income tax for the taxable year and shall be applied toward payment of the income tax upon filing of the income tax return for the taxable year. The declaration of estimated tax may be amended with each installment and subsequent payments adjusted accordingly. No refund of estimated tax can be made until the income tax return is filed except in extraordinary circumstances. For example, if a credit union pays estimated tax without realizing that it is exempt from income tax under § 58.1-401 of the Code of Virginia, it would be entitled to a refund of estimated tax because a credit union is not required to file an income tax return.

B. Who to file.

1. A declaration of estimated tax shall be made by every corporation which is subject to the Virginia income tax under § 58.1-400 of the Code of Virginia if its income tax less the credit allowable under §§ 58.1-430 (relating to credit for investments under the Neighborhood Assistance Act of 1981) and 58.1-431 of the Code of Virginia (relating to the Energy Income Tax Credit) can reasonably be expected to exceed $1,000.

2. The term "estimated tax" means the amount which the corporation estimates as the amount of the income tax for the taxable year less the amount which the corporation estimates as the sum of any credit allowable against the income tax under §§ 58.1-430 and 48.1-431 of the Code of Virginia. For the purpose of determining if a declaration of estimated tax is required, a refund of income tax for prior taxable year, which the corporation requests be applied toward the estimated tax for the subsequent taxable year, is not an allowable credit but a payment of the estimated tax. For example, a corporation which estimates its 1984 income tax to be $2,500, its Energy Income Tax Credit to be $1,000 and which has a refund from 1983 of $300 has an "estimated tax" of $1,500. The $300 refund may be applied toward the first quarterly installment payment of $375 (1,500/4).

C. Contents of declaration.

1. The declaration of estimated tax shall be made on form 500-ES. For the purpose of making the declaration, the estimated tax should be based upon the amount of federal taxable income for the federal estimated tax plus the estimated net Virginia modifications. Such amounts of federal taxable income and net Virginia modifications should be determined upon the basis of facts and circumstances existing as at the time prescribed for the declarations as well as those reasonably to be anticipated for the taxable year.

2. Copies of form 500-ES will so far as possible be furnished taxpayers by the Department. A taxpayer will not be excused from making a declaration, however, by the fact that no form has been furnished. Taxpayers not supplied with the proper form should make application therefor to the Department in ample time to have their declarations prepared, verified, and filed with the Department on or before the date prescribed for filing the declaration. If the prescribed form is not available a statement disclosing the estimated income tax should be filed as a tentative declaration within the prescribed time, accompanied by the payment of the required installment. Such tentative declaration should be supplemented, without unnecessary delay, by a declaration made on the proper form.

D. Short taxable year. If a corporation expects its income tax less allowable credits to exceed $1,000 for a short taxable year then such corporation shall make a declaration of estimated tax. If the short taxable year results from a change in accounting period, the tax shall be placed on an annual basis to determine if the annualized tax exceeds $1,000. The tax shall be placed on an annual basis by multiplying the expected income tax less allowable credits by 12 and dividing by the number of months in the short taxable year.

E. Consolidated and combined returns.

1. Affiliated groups of corporations which have properly elected, or received permission, to file Virginia income tax returns on a consolidated or combined basis shall also make declarations of estimated tax on a consolidated or combined basis.

2. Corporations registering with the State Corporation Commission for the privilege of doing business in Virginia will receive a "Combined Registration Application" to register the corporation for Sales and Use, Withholding, Litter and Income taxes. Corporations which have decided to file their Virginia income tax returns on a consolidated or combined basis at the time of registration should so indicate on the application. An affiliated group of corporations makes an election to file returns on a separate, consolidated or combined basis when two or more members of the affiliated group file their first income tax returns. Thereafter the affiliated group must obtain permission from the Department to change the method of reporting. Members of the affiliated group which become subject to Virginia income tax in subsequent years must use the method of reporting previously elected by the group. For additional information on separate, consolidated and combined returns see 23VAC10-120-320 through 23VAC10-120-327. The filing of a registration application or declaration of estimated tax is not an election of a method of reporting.