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Virginia Law

Code of Virginia

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Chapter 3.
Income Tax
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  • Article 1.
    General Provisions
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    • § 58.1-300
    Incomes not subject to local taxation
    § 58.1-301
    (Applicable to taxable years beginning on or after January 1, 2022, but before January 1, 2023) Conformity to Internal Revenue Code
    § 58.1-301
    (Applicable to taxable years beginning on and after January 1, 2023) 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
    § 58.1-311.2
    Final determination date
    § 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 6.
    Taxation of Estates and Trusts
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    • § 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
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    • § 58.1-370
    Credit to trust beneficiary receiving accumulation distribution
    § 58.1-371
    Credits for taxes paid other states
  • Article 10.
    Taxation of Corporations
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    • § 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
    (Contingent expiration date — See Editor's note) When certain other sales deemed in the Commonwealth
    § 58.1-416
    (Contingent effective date — See Editor's note) 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
    § 58.1-422.4
    Property information and analytics firms
    § 58.1-422.5
    (Contingent effective date — See Editor's note) Internet root infrastructure providers
    § 58.1-423
    Income tax paid by commercial spaceflight entities
  • Article 13.1.
    Grants for Investment and Research and Development in Tobacco-Dependent Localities
    Read all
    • § 58.1-439.13
    Repealed
    § 58.1-439.17
    Grants in lieu of or in addition to tax credits
  • Article 13.3.
    Education Improvement Scholarships Tax Credits
    Read all
    • § 58.1-439.25
    (Applicable to taxable years beginning on and after January 1, 2019, but before January 1, 2028) Definitions
    § 58.1-439.25
    (Applicable to taxable years beginning January 1, 2028) 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 on and after January 1, 2019, but before January 1, 2028) Guidelines for scholarship foundations
    § 58.1-439.28
    (Applicable to taxable years beginning on and after January 1, 2028) Guidelines for scholarship foundations
  • Article 16.
    Income Tax Withholding
    Read all
    • § 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 19.
    Estimated Tax
    Read all
    • § 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
    Read all
    • § 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 21.
    Setoff Debt Collection Act
    Read all
    • § 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 in certain instances
    § 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