Administrative Code

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Virginia Administrative Code
Title 23. Taxation
Agency 10. Department of Taxation
Chapter 210. Retail Sales and Use Tax

23VAC10-210-3040. Refunds.

A dealer may request a refund for taxes erroneously or illegally collected. The dealer must show that the tax erroneously or illegally collected was paid by him and not passed on to the consumer, or the tax was collected from the consumer as tax and subsequently refunded to the consumer. Refunds cannot be authorized unless the request is made within three years from the due date of the return. The amount refunded will be the net amount of state and local tax remitted to the state on the transaction(s) generating the refund. Thus, if a dealer filed a timely return and deducted dealer's discount for the period for which the refund is claimed, the amount of refund will be reduced by the dealer's discount taken (3% of state tax).

For refunds generally and interest thereon, see General Provisions Regulations.

Statutory Authority

§§ 58.1-203 and 58.1-625 of the Code of Virginia.

Historical Notes

Derived from VR630-10-89; revised January 1, 1979; August 1982; amended, eff. January 1, 1985.

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