§ 58.1-1823. Reassessment and refund upon the filing of amended return or thepayment of an assessment.
A. Any person filing a tax return or paying an assessment required for anytax administered by the Department of Taxation may file an amended returnwith the Department within the later of: (i) three years from the last dayprescribed by law for the timely filing of the return; (ii) one year from thefinal determination of any change or correction in the liability of thetaxpayer for any federal tax upon which the state tax is based, provided thatthe refund does not exceed the amount of the decrease in Virginia taxattributable to such federal change or correction; (iii) two years from thefiling of an amended Virginia return resulting in the payment of additionaltax, provided that the amended return raises issues relating solely to suchprior amended return and that the refund does not exceed the amount of thepayment with such prior amended return; (iv) two years from the payment of anassessment, provided that the amended return raises issues relating solely tosuch assessment and that the refund does not exceed the amount of suchpayment; or (v) one year from the final determination of any change orcorrection in the income tax of the taxpayer for any other state, providedthat the refund does not exceed the amount of the decrease in Virginia taxattributable to such change or correction. If the Department is satisfied, byevidence submitted to it or otherwise, that the tax assessed and paid uponthe original return exceeds the proper amount, the Department may reassessthe taxpayer and order that any amount excessively paid be refunded to him.The Department may reduce such refund by the amount of any taxes, penaltiesand interest which are due for the period covered by the amended return, orany past-due taxes, penalties and interest which have been assessed withinthe appropriate period of limitations. Any order of the Department denyingsuch reassessment and refund, or the failure of the Department to act thereonwithin three months shall, as to matters first raised by the amended return,be deemed an assessment for the purpose of enabling the taxpayer to pursuethe remedies allowed under this chapter.
B. Notwithstanding the statute of limitations established in this section,any retired employee of a political subdivision of the Commonwealth,established pursuant to Chapter 627 of the 1958 Acts of Assembly, may file anamended individual income tax return until May 1, 1990, for taxable yearsbeginning on and after January 1, 1985, and before January 1, 1986, for taxespaid on retirement income exempt pursuant to § 58.1-322.
C. Notwithstanding the statute of limitations contained in subsection A, anyindividual who claimed an age subtraction on his 1990 individual income taxreturn may file an amended individual income tax return on July 1, 1994, fortaxable years beginning on and after January 1, 1990, and ending beforeJanuary 1, 1991, to claim an income deduction as provided in § 58.1-322 D 5in lieu of the income subtraction originally claimed.
(Code 1950, § 58-1118.1; 1972, c. 721; 1973, c. 446; 1979, c. 690; 1980, c.633; 1984, c. 675; 1989, Sp. Sess., cc. 1, 2, 6; 1992, c. 678; 1994, c. 488;1994, 1st Sp. Sess., cc. 2, 5; 1996, cc. 637, 654; 1998, cc. 358, 374; 2006,c. 234; 2010, c. 228.)
§ 58.1-1823. Reassessment and refund upon the filing of amended return or thepayment of an assessment.
A. Any person filing a tax return or paying an assessment required for anytax administered by the Department of Taxation may file an amended returnwith the Department within the later of: (i) three years from the last dayprescribed by law for the timely filing of the return; (ii) one year from thefinal determination of any change or correction in the liability of thetaxpayer for any federal tax upon which the state tax is based, provided thatthe refund does not exceed the amount of the decrease in Virginia taxattributable to such federal change or correction; (iii) two years from thefiling of an amended Virginia return resulting in the payment of additionaltax, provided that the amended return raises issues relating solely to suchprior amended return and that the refund does not exceed the amount of thepayment with such prior amended return; (iv) two years from the payment of anassessment, provided that the amended return raises issues relating solely tosuch assessment and that the refund does not exceed the amount of suchpayment; or (v) one year from the final determination of any change orcorrection in the income tax of the taxpayer for any other state, providedthat the refund does not exceed the amount of the decrease in Virginia taxattributable to such change or correction. If the Department is satisfied, byevidence submitted to it or otherwise, that the tax assessed and paid uponthe original return exceeds the proper amount, the Department may reassessthe taxpayer and order that any amount excessively paid be refunded to him.The Department may reduce such refund by the amount of any taxes, penaltiesand interest which are due for the period covered by the amended return, orany past-due taxes, penalties and interest which have been assessed withinthe appropriate period of limitations. Any order of the Department denyingsuch reassessment and refund, or the failure of the Department to act thereonwithin three months shall, as to matters first raised by the amended return,be deemed an assessment for the purpose of enabling the taxpayer to pursuethe remedies allowed under this chapter.
B. Notwithstanding the statute of limitations established in this section,any retired employee of a political subdivision of the Commonwealth,established pursuant to Chapter 627 of the 1958 Acts of Assembly, may file anamended individual income tax return until May 1, 1990, for taxable yearsbeginning on and after January 1, 1985, and before January 1, 1986, for taxespaid on retirement income exempt pursuant to § 58.1-322.
C. Notwithstanding the statute of limitations contained in subsection A, anyindividual who claimed an age subtraction on his 1990 individual income taxreturn may file an amended individual income tax return on July 1, 1994, fortaxable years beginning on and after January 1, 1990, and ending beforeJanuary 1, 1991, to claim an income deduction as provided in § 58.1-322 D 5in lieu of the income subtraction originally claimed.
(Code 1950, § 58-1118.1; 1972, c. 721; 1973, c. 446; 1979, c. 690; 1980, c.633; 1984, c. 675; 1989, Sp. Sess., cc. 1, 2, 6; 1992, c. 678; 1994, c. 488;1994, 1st Sp. Sess., cc. 2, 5; 1996, cc. 637, 654; 1998, cc. 358, 374; 2006,c. 234; 2010, c. 228.)
§ 58.1-1823. Reassessment and refund upon the filing of amended return or thepayment of an assessment.
A. Any person filing a tax return or paying an assessment required for anytax administered by the Department of Taxation may file an amended returnwith the Department within the later of: (i) three years from the last dayprescribed by law for the timely filing of the return; (ii) one year from thefinal determination of any change or correction in the liability of thetaxpayer for any federal tax upon which the state tax is based, provided thatthe refund does not exceed the amount of the decrease in Virginia taxattributable to such federal change or correction; (iii) two years from thefiling of an amended Virginia return resulting in the payment of additionaltax, provided that the amended return raises issues relating solely to suchprior amended return and that the refund does not exceed the amount of thepayment with such prior amended return; (iv) two years from the payment of anassessment, provided that the amended return raises issues relating solely tosuch assessment and that the refund does not exceed the amount of suchpayment; or (v) one year from the final determination of any change orcorrection in the income tax of the taxpayer for any other state, providedthat the refund does not exceed the amount of the decrease in Virginia taxattributable to such change or correction. If the Department is satisfied, byevidence submitted to it or otherwise, that the tax assessed and paid uponthe original return exceeds the proper amount, the Department may reassessthe taxpayer and order that any amount excessively paid be refunded to him.The Department may reduce such refund by the amount of any taxes, penaltiesand interest which are due for the period covered by the amended return, orany past-due taxes, penalties and interest which have been assessed withinthe appropriate period of limitations. Any order of the Department denyingsuch reassessment and refund, or the failure of the Department to act thereonwithin three months shall, as to matters first raised by the amended return,be deemed an assessment for the purpose of enabling the taxpayer to pursuethe remedies allowed under this chapter.
B. Notwithstanding the statute of limitations established in this section,any retired employee of a political subdivision of the Commonwealth,established pursuant to Chapter 627 of the 1958 Acts of Assembly, may file anamended individual income tax return until May 1, 1990, for taxable yearsbeginning on and after January 1, 1985, and before January 1, 1986, for taxespaid on retirement income exempt pursuant to § 58.1-322.
C. Notwithstanding the statute of limitations contained in subsection A, anyindividual who claimed an age subtraction on his 1990 individual income taxreturn may file an amended individual income tax return on July 1, 1994, fortaxable years beginning on and after January 1, 1990, and ending beforeJanuary 1, 1991, to claim an income deduction as provided in § 58.1-322 D 5in lieu of the income subtraction originally claimed.
(Code 1950, § 58-1118.1; 1972, c. 721; 1973, c. 446; 1979, c. 690; 1980, c.633; 1984, c. 675; 1989, Sp. Sess., cc. 1, 2, 6; 1992, c. 678; 1994, c. 488;1994, 1st Sp. Sess., cc. 2, 5; 1996, cc. 637, 654; 1998, cc. 358, 374; 2006,c. 234; 2010, c. 228.)
