Chapter 3 - Income Tax

Section 58.1-300 - Incomes Not Subject to Local Taxation
Section 58.1-301 - Conformity to Internal Revenue Code
Section 58.1-302 - Definitions
Section 58.1-303 - Residency for Portion of Tax Year
Section 58.1-304 - Reserved
Section 58.1-305 - Duties of Commissioner of the Revenue Relating to Income Tax
Section 58.1-306 - Filing of Individual, Estate or Trust Income Tax Returns with the Department
Section 58.1-307 - Disposition of Returns; Handling of State Income Tax Payments; Audit
Section 58.1-308 - Assessment and Payment of Deficiency; Fraud; Penalties
Section 58.1-309 - Refund of Overpayment
Section 58.1-310 - Examination of Federal Returns
Section 58.1-311 - Report of Change in Federal Taxable Income
Section 58.1-311.1 - Report of Change in Taxes Paid to Other States
Section 58.1-311.2 - Final Determination Date
Section 58.1-312 - Limitations on Assessment
Section 58.1-313 - Immediate Assessment Where Collection Jeopardized by Delay; Notice of Assessment; Termination of Taxable Period; Memorandum of Lien
Section 58.1-314 - Lien of Jeopardy Assessment; Notice of Lien
Section 58.1-315 - Transitional Modifications to Virginia Taxable Income
Section 58.1-316 - Information Reporting on Rental Payments to Nonresident Payees; Penalties
Section 58.1-317 - Filing of Estimated Tax by Nonresidents upon the Sale of Real Property; Penalties
Section 58.1-318 - Investments Eligible for Tax Credits
Section 58.1-320 - Imposition of Tax
Section 58.1-321 - Exemptions and Exclusions
Section 58.1-322 - Virginia Taxable Income of Residents
Section 58.1-322.01 - Virginia Taxable Income; Additions
Section 58.1-322.02 - [Effective Until 7/1/2022] Virginia taxable income; subtractions
Section 58.1-322.02 - [Effective 7/1/2022] Virginia taxable income; subtractions
Section 58.1-322.03 - [Effective Until 7/1/2022]Virginia taxable income; deductions
Section 58.1-322.03 - [Effective 7/1/2022]Virginia taxable income; deductions
Section 58.1-322.04 - Virginia Taxable Income; Additional Modifications
Section 58.1-322.1, 58.1-322.2 - Expired
Section 58.1-323 - Repealed
Section 58.1-323.1, 58.1-323.2 - Repealed
Section 58.1-324 - Married Individuals
Section 58.1-325 - Virginia Taxable Income of Nonresident Individuals, Partners, Beneficiaries and Certain Shareholders
Section 58.1-326 - Married Individuals When One Nonresident
Section 58.1-330 - Repealed
Section 58.1-331 - Repealed
Section 58.1-332 - [Effective Until 7/1/2022] [Effective Until 7/1/2022] Credits for Taxes Paid Other States
Section 58.1-332 - [Effective 7/1/2022] Credits for taxes paid other states
Section 58.1-332.1 - Credit for Taxes Paid to a Foreign Country on Retirement Income
Section 58.1-332.2 - Definition of Income Tax
Section 58.1-333 - Repealed
Section 58.1-334 - Tax credit for purchase of conservation tillage equipment
Section 58.1-335 - Repealed
Section 58.1-336 - Repealed
Section 58.1-337 - Tax credit for purchase of conservation tillage and precision agriculture equipment
Section 58.1-338 - Expired
Section 58.1-339 - Repealed
Section 58.1-339.1 - Repealed
Section 58.1-339.2 - Historic Rehabilitation Tax Credit
Section 58.1-339.3 - Agricultural best management practices tax credit
Section 58.1-339.4 - Qualified Equity and Subordinated Debt Investments Tax Credit
Section 58.1-339.5 - [Repealed]
Section 58.1-339.6 - Political Candidate Contribution Tax Credit
Section 58.1-339.7 - Livable Home Tax Credit
Section 58.1-339.8 - Income Tax Credit for Low-Income Taxpayers
Section 58.1-339.9 - [Repealed]
Section 58.1-339.10 - Riparian Forest Buffer Protection for Waterways Tax Credit
Section 58.1-339.11 - [Repealed]
Section 58.1-339.12 - Farm wineries and vineyards tax credit
Section 58.1-340 - Accounting
Section 58.1-341 - Returns of Individuals
Section 58.1-341.1 - Returns of individuals; required information
Section 58.1-341.2 - Returns of Individuals; Notification of Tax Return Data Breach
Section 58.1-342 - Special Cases in Which Nonresident Need Not File Virginia Return
Section 58.1-343 - Place of Filing
Section 58.1-344 - Extension of Time for Filing Returns
Section 58.1-344.1 - Postponement of Time for Performing Certain Acts
Section 58.1-344.2 - Voluntary Contributions; Cost of Administration
Section 58.1-344.3 - [Effective Until 7/1/2022] Voluntary contributions of refunds requirements
Section 58.1-344.3 - [Effective 7/1/2022] Voluntary contributions of refunds requirements
Section 58.1-344.4 - Voluntary Contributions of Refunds into Virginia College Savings Plan Accounts
Section 58.1-345 through 58.1-346 - Repealed
Section 58.1-346.1 - Expired
Section 58.1-346.1:1 - Repealed
Section 58.1-346.2 - Expired
Section 58.1-346.2:1 - Repealed
Section 58.1-346.3 - Expired
Section 58.1-346.3:1 - Repealed
Section 58.1-346.4 - Expired
Section 58.1-346.4:1 through 58.1-346.24 - Repealed
Section 58.1-347 - Penalty for Failure to File Income Tax Returns in Time
Section 58.1-348 - Criminal Prosecution for Failure or Refusal to File Return of Income or for Making False Statement Therein; Limitation
Section 58.1-348.1 - Fraudulent Assistance; Penalty
Section 58.1-348.2 - Authority to Enjoin Income Tax Return Preparers
Section 58.1-348.3 - Requirement That Income Tax Return Preparers Use Identification Numbers
Section 58.1-348.4 - Failure to Provide Identification Number; Civil Penalty
Section 58.1-349 - Information Returns Prima Facie Evidence
Section 58.1-350 - Procuring Returns from Delinquent Individuals or Fiduciaries
Section 58.1-351 - When, Where and How Individual Income Taxes Payable and Collectible
Section 58.1-352 - Memorandum Assessments
Section 58.1-353 - Duties of County and City Treasurer in Collecting Tax
Section 58.1-354 - Separate Individual Income Assessment Sheets or Forms; How Kept
Section 58.1-355 - Income Taxes of Members of Armed Services on Death
Section 58.1-356 - Reporting of Payments by Third-Party Settlement Organizations
Section 58.1-360 - Imposition of Tax
Section 58.1-361 - Virginia Taxable Income of a Resident Estate or Trust
Section 58.1-362 - Virginia Taxable Income of a Nonresident Estate or Trust
Section 58.1-363 - Share of a Nonresident Estate, Trust, or Beneficiary in Income from Virginia Sources
Section 58.1-370 - Credit to Trust Beneficiary Receiving Accumulation Distribution
Section 58.1-371 - Credits for Taxes Paid Other States
Section 58.1-380 - Accounting
Section 58.1-381 - Returns of Estates and Trusts
Section 58.1-382 - Place of Filing
Section 58.1-383 - Extension of Time for Filing Returns
Section 58.1-390 - Repealed
Section 58.1-390.1 - [Effective Until 7/1/2022] [Effective Until 7/1/2022] Definitions
Section 58.1-390.1 - [Effective 7/1/2022] Definitions
Section 58.1-390.2 - [Effective Until 7/1/2022] [Effective Until 7/1/2022] Taxation of Pass-Through Entities
Section 58.1-390.2 - [Effective 7/1/2022] Taxation of pass-through entities
Section 58.1-390.3 - [Effective 7/1/2022] Elective income tax on pass-through entities
Section 58.1-391 - Virginia Taxable Income of Owners of a Pass-Through Entity
Section 58.1-392 - Reports by Pass-Through Entities
Section 58.1-393 - Repealed
Section 58.1-393.1 - Extension of Time for Filing Return by Pass-Through Entity
Section 58.1-394 - Repealed
Section 58.1-394.1 - Failure of Pass-Through Entity to Make a Return
Section 58.1-394.2 - Fraudulent Returns, Etc., of Pass-Through Entities; Penalty
Section 58.1-394.3 - Pass-Through Entity Items
Section 58.1-395 - Nonresident Owners
Section 58.1-396 - Definitions
Section 58.1-397 - Reporting Requirement; Administrative Adjustment Requests
Section 58.1-398 - State Partnership Representative
Section 58.1-399 - Reporting and Payment Requirements for a Partnership Subject to a Final Federal Adjustment
Section 58.1-399.1 - Elective Payment by a Partnership
Section 58.1-399.2 - Tiered Partners
Section 58.1-399.3 - Alternative Reporting and Payment Method
Section 58.1-399.4 - Effect of Election
Section 58.1-399.5 - Failure to Pay
Section 58.1-399.6 - De Minimis Exception
Section 58.1-399.7 - Administration
Section 58.1-400 - Imposition of Tax
Section 58.1-400.1 - Minimum Tax on Telecommunications Companies
Section 58.1-400.2 - Taxation of Electric Suppliers, Pipeline Distribution Companies, Gas Utilities, and Gas Suppliers
Section 58.1-400.3 - Minimum Tax on Certain Electric Suppliers
Section 58.1-400.4 - Minimum Tax on Home Service Contract Providers
Section 58.1-401 - Exemptions and Exclusions
Section 58.1-402 - [Effective Until 7/1/2022]Virginia taxable income
Section 58.1-402 - [Effective 7/1/2022]Virginia taxable income
Section 58.1-403 - Additional Modifications to Determine Virginia Taxable Income for Certain Corporations
Section 58.1-404 - Reserved
Section 58.1-405 - Corporations Transacting or Conducting Entire Business Within This Commonwealth
Section 58.1-405.1 - Eligibility of Companies for Apportionment Modification; Certification by the Virginia Economic Development Partnership Authority
Section 58.1-406 - Allocation and Apportionment of Income
Section 58.1-407 - How Dividends Allocated
Section 58.1-408 - What Income Apportioned and How
Section 58.1-409 - Property Factor
Section 58.1-410 - Valuation of Property Owned or Rented
Section 58.1-411 - Average Value of Property
Section 58.1-412 - Payroll Factor
Section 58.1-413 - When Compensation Deemed Paid or Accrued in This Commonwealth
Section 58.1-414 - Sales Factor
Section 58.1-415 - When Sales of Tangible Personal Property Deemed in the Commonwealth
Section 58.1-416 - [See Note] When certain other sales deemed in the Commonwealth
Section 58.1-416 - [See Note] [See Note] When certain other sales deemed in the Commonwealth
Section 58.1-417 - Motor Carriers; Apportionment
Section 58.1-418 - Financial Corporations; Apportionment
Section 58.1-419 - Construction Corporations; Apportionment
Section 58.1-420 - Railway Companies; Apportionment
Section 58.1-421 - Alternative Method of Allocation
Section 58.1-422 - Manufacturing Companies; Apportionment
Section 58.1-422.1 - Retail Companies; Apportionment
Section 58.1-422.2 - Apportionment; Taxpayers with Enterprise Data Center Operations
Section 58.1-422.3 - Debt Buyers; Apportionment
Section 58.1-422.4 - [See Note] Property information and analytics firms
Section 58.1-423 - Income Tax Paid by Commercial Spaceflight Entities
Section 58.1-430 - Repealed
Section 58.1-431 - Repealed
Section 58.1-432 - Tax credit for purchase of conservation tillage equipment
Section 58.1-433 - Expired
Section 58.1-433.1 - Virginia Coal Employment and Production Incentive Tax Credit
Section 58.1-434 - [Repealed]
Section 58.1-435 - [Repealed]
Section 58.1-436 - Tax credit for purchase of conservation tillage and precision agricultural application equipment
Section 58.1-437 - Repealed
Section 58.1-438 - Not Effective
Section 58.1-438.1 - Tax Credit for Vehicle Emissions Testing Equipment, Clean-Fuel Vehicles and Certain Refueling Property
Section 58.1-439 - [Effective Until 7/1/2022] Major Business Facility Job Tax Credit
Section 58.1-439 - [Effective 7/1/2022] Major business facility job tax credit
Section 58.1-439.1 - [Repealed]
Section 58.1-439.2 - Coalfield employment enhancement tax credit (§ 58.1-439.2)
Section 58.1-439.3 - Repealed
Section 58.1-439.4 - Day-care facility investment tax credit
Section 58.1-439.5 - Agricultural best management practices tax credit
Section 58.1-439.6 - Worker Retraining Tax Credit
Section 58.1-439.6:1 - [Effective Until 7/1/2022] Worker Training Tax Credit
Section 58.1-439.6:1 - [Effective 7/1/2022] Worker training tax credit
Section 58.1-439.7 - Tax Credit for Purchase of Machinery and Equipment Used for Advanced Recycling and Processing Recyclable Materials
Section 58.1-439.8 - Repealed
Section 58.1-439.9 - Tax Credit for Certain Employers Hiring Recipients of Temporary Assistance for Needy Families
Section 58.1-439.10 - Tax Credit for Purchase of Waste Motor Oil Burning Equipment
Section 58.1-439.11 - [Repealed]
Section 58.1-439.12 - Riparian Forest Buffer Protection for Waterways Tax Credit
Section 58.1-439.12:01 - Credit for Cigarettes Manufactured and Exported
Section 58.1-439.12:02 - Biodiesel and green diesel fuels producers tax credit
Section 58.1-439.12:03 - Motion Picture Production Tax Credit
Section 58.1-439.12:04 - [Effective Until 7/1/2022] Tax Credit for Participating Landlords
Section 58.1-439.12:04 - [Effective 7/1/2022] Tax credit for participating landlords
Section 58.1-439.12:05 - Green Job Creation Tax Credit
Section 58.1-439.12:06 - International trade facility tax credit
Section 58.1-439.12:07 - Telework Expenses Tax Credit
Section 58.1-439.12:08 - Research and development expenses tax credit
Section 58.1-439.12:09 - Barge and rail usage tax credit
Section 58.1-439.12:10 - Virginia port volume increase tax credit
Section 58.1-439.12:11 - Major research and development expenses tax credit
Section 58.1-439.12:12 - Food Crop Donation Tax Credit
Section 58.1-439.13 - [Repealed]
Section 58.1-439.14 - [Repealed]
Section 58.1-439.15 - [Repealed]
Section 58.1-439.15:01 - [Repealed]
Section 58.1-439.16 - [Repealed]
Section 58.1-439.17 - Grants in Lieu of or in Addition to Tax Credits
Section 58.1-439.18 - Definitions
Section 58.1-439.19 - Public Policy; Business Firms; Donations
Section 58.1-439.20 - Proposals to the State Board of Social Services; Regulations; Tax Credits Authorized
Section 58.1-439.20:1 - Proposals to the Department of Education; Guidelines; Tax Credits Authorized
Section 58.1-439.20:2 - Expiration
Section 58.1-439.21 - Tax Credit; Amount; Limitation; Carry Over
Section 58.1-439.22 - Donations of Professional Services
Section 58.1-439.23 - Donations of Contracting Services
Section 58.1-439.24 - Donations by Individuals
Section 58.1-439.25 - Definitions
Section 58.1-439.26 - Tax Credit for Donations to Certain Scholarship Foundations
Section 58.1-439.27 - Scholarship Foundation Eligibility and Requirements; List of Foundations Receiving Donations
Section 58.1-439.28 - Guidelines for scholarship foundations
Section 58.1-439.29 - Definitions
Section 58.1-439.30 - Tax credit
Section 58.1-440 - Accounting
Section 58.1-440.1 - Accounting-Deferred Taxes
Section 58.1-441 - Reports by Corporations
Section 58.1-442 - [Effective Until 7/1/2022] Separate, Combined or Consolidated Returns of Affiliated Corporations
Section 58.1-442 - [Effective 7/1/2022] Separate, combined, or consolidated returns of affiliated corporations
Section 58.1-443 - Prohibition of Worldwide Consolidation or Combination
Section 58.1-444 - Several Liability of Affiliated Corporations
Section 58.1-445 - Consolidation of Accounts
Section 58.1-445.1 - Repealed
Section 58.1-446 - Price Manipulation; Intercorporate Transactions; Parent Corporations and Subsidiaries
Section 58.1-447 - Execution of Returns of Corporations
Section 58.1-448 - Forms to Be Furnished
Section 58.1-449 - Supplemental Reports
Section 58.1-450 - Failure of Corporation to Make Report or Return
Section 58.1-451 - Fraudulent Returns, Etc., of Corporations; Penalty
Section 58.1-452 - Fraudulent Returns; Criminal Liability; Penalty
Section 58.1-453 - Extension of Time for Filing Returns by Corporations
Section 58.1-454 - Department May Estimate Corporation's Tax When No Return Filed
Section 58.1-455 - Time of Payment of Corporation Income Taxes; Penalty and Interest for Nonpayment
Section 58.1-460 - Definitions
Section 58.1-461 - Requirement of Withholding
Section 58.1-462 - Withholding Tables
Section 58.1-463 - Other Methods of Withholding
Section 58.1-464 - Miscellaneous Payroll Period Applicable to Withholding in Payment of Certain Wages; Withholding on Basis of Average Wages
Section 58.1-465 - Overlapping Pay Periods, and Payment by Agent or Fiduciary
Section 58.1-466 - Additional Withholding
Section 58.1-467 - Failure of Employer to Withhold Tax; Payment by Recipient of Wages
Section 58.1-468 - Failure of Employer to Pay over Tax Withheld
Section 58.1-469 - Included and Excluded Wages
Section 58.1-470 - Withholding Exemption Certificates
Section 58.1-471 - Fraudulent Withholding Exemption Certificate or Failure to Supply Information
Section 58.1-472 - Employer's Returns and Payments of Withheld Taxes
Section 58.1-473 - Jeopardy Assessments
Section 58.1-474 - Liability of Employer for Failure to Withhold
Section 58.1-475 - Penalty for Failure to Withhold
Section 58.1-476 - Continuation of Employer Liability until Notice
Section 58.1-477 - Extensions
Section 58.1-478 - Withholding Tax Statements for Employees; Employers Must File Annual Returns with Tax Commissioner; Penalties
Section 58.1-478.1 - Information Furnished to the Department of Taxation
Section 58.1-479 - Refund to Employer; Time Limitation; Procedure
Section 58.1-480 - Withheld Amounts Credited to Individual Taxpayer; Withholding Statement to Be Filed with Return
Section 58.1-481 - Withheld Taxes Not Deductible in Computing Taxable Income
Section 58.1-482 - Certain Nonresidents; Reciprocity with Other States
Section 58.1-483 - Withholding State Income Taxes of Federal Employees by Federal Agencies
Section 58.1-484 - Liability of Employer for Payment of Tax Required to Be Withheld
Section 58.1-485 - Willful Failure by Employer to Make Return, to Withhold Tax, to Pay It or to Furnish Employee with Withholding Statement; Penalty
Section 58.1-485.1 - False Claims of Employment Status; Penalty
Section 58.1-486 - Bad Checks
Section 58.1-486.1 - Definitions
Section 58.1-486.2 - Withholding Tax on Virginia Source Income of Nonresident Owners
Section 58.1-486.3 - Penalty
Section 58.1-490 - Declarations of Estimated Tax
Section 58.1-491 - Payments of Estimated Tax
Section 58.1-491.1 - Payments Estimated by Certain Members of the Armed Services
Section 58.1-492 - Failure by Individual, Trust or Estate to Pay Estimated Tax
Section 58.1-493 - Declarations of Estimated Tax to Be Filed with Commissioner of Revenue of County or City
Section 58.1-494 - Sheets or Forms for Recording Declarations of Estimated Tax; Recording
Section 58.1-495 - Payment of Estimated Tax; Notice of Installment Due; Information to Be Transmitted to Department
Section 58.1-496 - Willful Failure or Refusal to File Declaration of Estimated Tax, or Making False and Fraudulent Statement, a Misdemeanor
Section 58.1-497 - Section 58.1-306 Applicable to Declaration of Estimated Tax
Section 58.1-498 - Oaths or Affirmations Unnecessary on Returns, Declarations and Reports; Misdemeanor to File False Return, Declaration or Report
Section 58.1-499 - Refunds to Individual Taxpayers; Crediting Overpayment Against Estimated Tax for Ensuing Year
Section 58.1-500 - Declarations of Estimated Income Tax Required; Contents, Etc.
Section 58.1-501 - Time for Filing Declarations of Estimated Income Tax
Section 58.1-502 - Installment Payment of Estimated Income Tax
Section 58.1-503 - Where Declarations Filed and How Payments Made; Crediting or Refunding Overpayments
Section 58.1-504 - Failure to Pay Estimated Income Tax
Section 58.1-510 - Purpose
Section 58.1-511 - Definitions
Section 58.1-512 - Land Preservation Tax Credits for Individuals and Corporations
Section 58.1-512.1 - Determination of Fair Market Value of Donation
Section 58.1-513 - Limitations; Transfer of Credit; Gain or Loss from Tax Credit
Section 58.1-520 - [Contingent expiration] Definitions
Section 58.1-520 - [Contingent effective date] Definitions
Section 58.1-520.1 - Recovery of Administrative Costs
Section 58.1-521 - Remedy Additional; Mandatory Usage; Obtaining Identifying Information
Section 58.1-522 - Participation in Setoff Program Not Permitted in Certain Instances
Section 58.1-523 - Department to Aid in Collection of Sums Due Claimant Agencies Through Setoff
Section 58.1-524 - Notification of Department by Claimant Agency; Action of Department
Section 58.1-525 - Notification of Intention to Set off and Right to Hearing
Section 58.1-526 - Hearing Procedure
Section 58.1-527 - Appeals from hearings
Section 58.1-528 - Certification of Debt by Claimant Agency; Finalization of Setoff
Section 58.1-529 - Notice of Final Setoff
Section 58.1-530 - [Contingent expiration - see Editor's note] Priorities in claims to be setoff
Section 58.1-530 - [Contingent effective date - see Editor's note] Priorities in claims to be setoff
Section 58.1-531 - Disposition of Proceeds Collected; Department's Annual Statement of Costs
Section 58.1-531.1 - Errors in Setoff Program
Section 58.1-532 - Accounting to Claimant Agency; Confidentiality; Credit to Debtor's Obligation
Section 58.1-533 - Confidentiality Exemption; Use of Information Obtained
Section 58.1-534 - Rules and Regulations
Section 58.1-535 - Application of Funds on Deposit
Section 58.1-540 - [Repealed]
Section 58.1-541 - [Repealed]
Section 58.1-542 - [Repealed]
Section 58.1-543 - [Repealed]
Section 58.1-544 - [Repealed]
Section 58.1-545 - [Repealed]
Section 58.1-546 - [Repealed]
Section 58.1-547 - [Repealed]
Section 58.1-548 - [Repealed]
Section 58.1-549 - [Repealed]