§ 58.1-1840.1. Virginia Tax Amnesty Program established.
A. There is hereby established the Virginia Tax Amnesty Program. It is theintent of this program to improve voluntary compliance with the tax laws andto increase and to accelerate collections of certain taxes owed to theCommonwealth.
B. The Virginia Tax Amnesty Program shall be administered by the Departmentof Taxation, and any person, individual, corporation, estate, trust orpartnership required to file a return or to pay any tax administered orcollected by the Department of Taxation shall be eligible to participate,subject to the requirements set forth below and guidelines established by theTax Commissioner.
C. The Tax Commissioner shall establish guidelines and rules for theprocedures for participation and any other rules that are deemed necessary bythe Tax Commissioner. The guidelines and rules issued by the Tax Commissionerregarding the Virginia Tax Amnesty Program shall be exempt from theAdministrative Process Act (§ 2.2-4000 et seq.).
D. The Virginia Tax Amnesty Program shall have the following features:
1. The program shall be conducted during the period July 1, 2009, throughJune 30, 2010, and shall not last less than 60 nor more than 75 days. Theexact dates of the program shall be established by the Tax Commissioner.
2. All civil or criminal penalties assessed or assessable, as provided inthis title, including the addition to tax under §§ 58.1-492 and 58.1-504, andone-half of the interest assessed or assessable, as provided in this title,which are the result of nonpayment, underpayment, nonreporting orunderreporting of tax liabilities, shall be waived upon receipt of thepayment of the amount of taxes and interest owed, with the followingexceptions:
a. No person, individual, corporation, estate, trust or partnership currentlyunder investigation or prosecution for filing a fraudulent return or failingto file a return with the intent to evade tax shall qualify to participate.
b. No person, individual, corporation, estate, trust or partnership shall beeligible to participate in the program with respect to any assessmentoutstanding for which the date of assessment is less than 90 days prior tothe first day of the program or with respect to any liability arising fromthe failure to file a return for which the due date of the return is lessthan 90 days prior to the first day of the program.
c. No person, individual, corporation, estate, or trust shall be eligible toparticipate in the program with respect to any tax liability from the incometaxes imposed by §§ 58.1-320, 58.1-360 and 58.1-400, if the tax liability isattributable to taxable years beginning on and after January 1, 2008.
E. For the purpose of computing the outstanding balance due because of thenonpayment, underpayment, nonreporting or underreporting of any tax liabilitythat has not been assessed prior to the first day of the program, the rate ofinterest specified for omitted taxes and assessments under § 58.1-15 shallnot be applicable. The Tax Commissioner shall, instead, establish oneinterest rate to be used for each taxable year that approximates the average"underpayment rate" specified under § 58.1-15 for the five-year periodimmediately preceding the program.
F. 1. If any taxpayer eligible for amnesty under this section and under therules and guidelines established by the Tax Commissioner retains anyoutstanding balance after the close of the Virginia Tax Amnesty Programbecause of the nonpayment, underpayment, nonreporting or underreporting ofany tax liability eligible for relief under the Virginia Tax Amnesty Program,then such balance shall be subject to a 20 percent penalty on the unpaid tax.This penalty is in addition to all other penalties that may apply to thetaxpayer.
2. Any taxpayer who defaults upon any agreement to pay tax and interestarising out of a grant of amnesty is subject to reinstatement of the penaltyand interest forgiven and the imposition of the penalty under this section asthough the taxpayer retained the original outstanding balance at the close ofthe Virginia Tax Amnesty Program.
G. For the purpose of implementing the Virginia Tax Amnesty Program, theDepartment is exempt from §§ 2.2-2015 and 2.2-2018 through 2.2-2021pertaining to the Virginia Information Technologies Agency's projectmanagement and procurement oversight.
§ 58.1-1840.1. Virginia Tax Amnesty Program established.
A. There is hereby established the Virginia Tax Amnesty Program. It is theintent of this program to improve voluntary compliance with the tax laws andto increase and to accelerate collections of certain taxes owed to theCommonwealth.
B. The Virginia Tax Amnesty Program shall be administered by the Departmentof Taxation, and any person, individual, corporation, estate, trust orpartnership required to file a return or to pay any tax administered orcollected by the Department of Taxation shall be eligible to participate,subject to the requirements set forth below and guidelines established by theTax Commissioner.
C. The Tax Commissioner shall establish guidelines and rules for theprocedures for participation and any other rules that are deemed necessary bythe Tax Commissioner. The guidelines and rules issued by the Tax Commissionerregarding the Virginia Tax Amnesty Program shall be exempt from theAdministrative Process Act (§ 2.2-4000 et seq.).
D. The Virginia Tax Amnesty Program shall have the following features:
1. The program shall be conducted during the period July 1, 2009, throughJune 30, 2010, and shall not last less than 60 nor more than 75 days. Theexact dates of the program shall be established by the Tax Commissioner.
2. All civil or criminal penalties assessed or assessable, as provided inthis title, including the addition to tax under §§ 58.1-492 and 58.1-504, andone-half of the interest assessed or assessable, as provided in this title,which are the result of nonpayment, underpayment, nonreporting orunderreporting of tax liabilities, shall be waived upon receipt of thepayment of the amount of taxes and interest owed, with the followingexceptions:
a. No person, individual, corporation, estate, trust or partnership currentlyunder investigation or prosecution for filing a fraudulent return or failingto file a return with the intent to evade tax shall qualify to participate.
b. No person, individual, corporation, estate, trust or partnership shall beeligible to participate in the program with respect to any assessmentoutstanding for which the date of assessment is less than 90 days prior tothe first day of the program or with respect to any liability arising fromthe failure to file a return for which the due date of the return is lessthan 90 days prior to the first day of the program.
c. No person, individual, corporation, estate, or trust shall be eligible toparticipate in the program with respect to any tax liability from the incometaxes imposed by §§ 58.1-320, 58.1-360 and 58.1-400, if the tax liability isattributable to taxable years beginning on and after January 1, 2008.
E. For the purpose of computing the outstanding balance due because of thenonpayment, underpayment, nonreporting or underreporting of any tax liabilitythat has not been assessed prior to the first day of the program, the rate ofinterest specified for omitted taxes and assessments under § 58.1-15 shallnot be applicable. The Tax Commissioner shall, instead, establish oneinterest rate to be used for each taxable year that approximates the average"underpayment rate" specified under § 58.1-15 for the five-year periodimmediately preceding the program.
F. 1. If any taxpayer eligible for amnesty under this section and under therules and guidelines established by the Tax Commissioner retains anyoutstanding balance after the close of the Virginia Tax Amnesty Programbecause of the nonpayment, underpayment, nonreporting or underreporting ofany tax liability eligible for relief under the Virginia Tax Amnesty Program,then such balance shall be subject to a 20 percent penalty on the unpaid tax.This penalty is in addition to all other penalties that may apply to thetaxpayer.
2. Any taxpayer who defaults upon any agreement to pay tax and interestarising out of a grant of amnesty is subject to reinstatement of the penaltyand interest forgiven and the imposition of the penalty under this section asthough the taxpayer retained the original outstanding balance at the close ofthe Virginia Tax Amnesty Program.
G. For the purpose of implementing the Virginia Tax Amnesty Program, theDepartment is exempt from §§ 2.2-2015 and 2.2-2018 through 2.2-2021pertaining to the Virginia Information Technologies Agency's projectmanagement and procurement oversight.
§ 58.1-1840.1. Virginia Tax Amnesty Program established.
A. There is hereby established the Virginia Tax Amnesty Program. It is theintent of this program to improve voluntary compliance with the tax laws andto increase and to accelerate collections of certain taxes owed to theCommonwealth.
B. The Virginia Tax Amnesty Program shall be administered by the Departmentof Taxation, and any person, individual, corporation, estate, trust orpartnership required to file a return or to pay any tax administered orcollected by the Department of Taxation shall be eligible to participate,subject to the requirements set forth below and guidelines established by theTax Commissioner.
C. The Tax Commissioner shall establish guidelines and rules for theprocedures for participation and any other rules that are deemed necessary bythe Tax Commissioner. The guidelines and rules issued by the Tax Commissionerregarding the Virginia Tax Amnesty Program shall be exempt from theAdministrative Process Act (§ 2.2-4000 et seq.).
D. The Virginia Tax Amnesty Program shall have the following features:
1. The program shall be conducted during the period July 1, 2009, throughJune 30, 2010, and shall not last less than 60 nor more than 75 days. Theexact dates of the program shall be established by the Tax Commissioner.
2. All civil or criminal penalties assessed or assessable, as provided inthis title, including the addition to tax under §§ 58.1-492 and 58.1-504, andone-half of the interest assessed or assessable, as provided in this title,which are the result of nonpayment, underpayment, nonreporting orunderreporting of tax liabilities, shall be waived upon receipt of thepayment of the amount of taxes and interest owed, with the followingexceptions:
a. No person, individual, corporation, estate, trust or partnership currentlyunder investigation or prosecution for filing a fraudulent return or failingto file a return with the intent to evade tax shall qualify to participate.
b. No person, individual, corporation, estate, trust or partnership shall beeligible to participate in the program with respect to any assessmentoutstanding for which the date of assessment is less than 90 days prior tothe first day of the program or with respect to any liability arising fromthe failure to file a return for which the due date of the return is lessthan 90 days prior to the first day of the program.
c. No person, individual, corporation, estate, or trust shall be eligible toparticipate in the program with respect to any tax liability from the incometaxes imposed by §§ 58.1-320, 58.1-360 and 58.1-400, if the tax liability isattributable to taxable years beginning on and after January 1, 2008.
E. For the purpose of computing the outstanding balance due because of thenonpayment, underpayment, nonreporting or underreporting of any tax liabilitythat has not been assessed prior to the first day of the program, the rate ofinterest specified for omitted taxes and assessments under § 58.1-15 shallnot be applicable. The Tax Commissioner shall, instead, establish oneinterest rate to be used for each taxable year that approximates the average"underpayment rate" specified under § 58.1-15 for the five-year periodimmediately preceding the program.
F. 1. If any taxpayer eligible for amnesty under this section and under therules and guidelines established by the Tax Commissioner retains anyoutstanding balance after the close of the Virginia Tax Amnesty Programbecause of the nonpayment, underpayment, nonreporting or underreporting ofany tax liability eligible for relief under the Virginia Tax Amnesty Program,then such balance shall be subject to a 20 percent penalty on the unpaid tax.This penalty is in addition to all other penalties that may apply to thetaxpayer.
2. Any taxpayer who defaults upon any agreement to pay tax and interestarising out of a grant of amnesty is subject to reinstatement of the penaltyand interest forgiven and the imposition of the penalty under this section asthough the taxpayer retained the original outstanding balance at the close ofthe Virginia Tax Amnesty Program.
G. For the purpose of implementing the Virginia Tax Amnesty Program, theDepartment is exempt from §§ 2.2-2015 and 2.2-2018 through 2.2-2021pertaining to the Virginia Information Technologies Agency's projectmanagement and procurement oversight.
