§ 58.1-499. Refunds to individual taxpayers; crediting overpayment againstestimated tax for ensuing year.
A. In the case of any overpayment of any tax, addition to tax, interest orpenalties imposed on an individual income taxpayer by this chapter, whetherby reason of excessive withholding, overestimating and overpaying estimatedtax, error on the part of the taxpayer, or an erroneous assessment of tax,the Tax Commissioner shall order a refund of the amount of the overpayment tothe taxpayer. The overpayment shall be refunded out of the state treasury onthe order of the Tax Commissioner upon the Comptroller.
B. If a refund of an overpayment of individual income tax payments is madepayable jointly to a husband and wife who receive a final divorce decreeafter filing a joint income tax return, separate income tax returns on asingle form, an amendment thereto, or other claim resulting in the issuanceof a refund, the Tax Commissioner shall order the reissuance of the refund inseparate checks to the husband and to the wife if the unnegotiated jointrefund check is returned to Department with a certification, in a formsatisfactory to the Department, made by one spouse that the other spouserefuses to endorse the joint refund check or cannot be located. In makingsuch certification, the spouse returning the check shall agree to indemnifythe Commonwealth for any amounts that the Commonwealth may be required to payto the other spouse with respect to such refund. A certified copy of thefinal divorce decree, including any agreement with respect to the division ofproperty between the spouses, shall be provided with the certification. Ifthe final divorce decree addresses the apportionment or ownership of therefunded amount, the refund shall be apportioned and separate paymentsordered as provided therein. If the final divorce decree does not address theapportionment or ownership of the refunded amount, the amount of the refundshall be divided equally between the husband and wife. The reissuance ofrefund payments pursuant to this subsection shall not affect the joint andseveral liability of the husband and wife for tax liabilities for the periodfor which the return or returns were filed.
C. Whenever the annual income tax return of an individual income taxpayerindicates in the place provided thereon that the taxpayer has overpaid histax for the taxable year by reason of excessive withholding or overestimatingand overpaying estimated tax, or both, the amount of the overpayment as shownon his return, subject to correction for error, may be credited against theestimated income tax for the ensuing year at the taxpayer's election andaccording to regulations prescribed by the Department and such overpaymentsby either a husband or wife on a separate return may be credited to the taxfor the ensuing year of either of them or may be credited to their joint taxat the election of the person to whom the overpayment is payable; orotherwise such amount shall be refunded to him as soon as practicable.Interest on such refund shall be allowed and computed in accordance with §58.1-1833. The making of any refund shall not absolve any taxpayer of anyincome tax liability which may in fact exist and the Tax Commissioner maymake an assessment for any deficiency in the manner provided by law.
D. No refund under this section, however, shall be made for any overpaymentof less than one dollar except on special written application of thetaxpayer, nor shall any refund of any amount under this section be made,whether on discovery by the Department or on written application of thetaxpayer, if such discovery is not made or such written application is notreceived within three years from the last day prescribed by law for thetimely filing of the return, or within sixty days from the finaldetermination of any change or correction in the liability of the taxpayerfor any federal tax upon which the state tax is based, whichever is later.
E. Notwithstanding the provisions of the Setoff Debt Collection Act, Article21 (§ 58.1-520 et seq.) of this chapter, whenever any taxpayer is entitled toa refund under this section, or under § 58.1-309 or §§ 58.1-1821 through58.1-1830 and such taxpayer owes the Commonwealth a past due income tax, orbalance thereof, for any year, the amount of such refund may be credited onsuch past due income tax or balance, to the extent indicated.
(Code 1950, § 58-151.31; 1962, c. 612; 1966, c. 244; 1971, Ex. Sess., c. 171;1977, c. 250; 1984, c. 675; 1997, c. 355.)
§ 58.1-499. Refunds to individual taxpayers; crediting overpayment againstestimated tax for ensuing year.
A. In the case of any overpayment of any tax, addition to tax, interest orpenalties imposed on an individual income taxpayer by this chapter, whetherby reason of excessive withholding, overestimating and overpaying estimatedtax, error on the part of the taxpayer, or an erroneous assessment of tax,the Tax Commissioner shall order a refund of the amount of the overpayment tothe taxpayer. The overpayment shall be refunded out of the state treasury onthe order of the Tax Commissioner upon the Comptroller.
B. If a refund of an overpayment of individual income tax payments is madepayable jointly to a husband and wife who receive a final divorce decreeafter filing a joint income tax return, separate income tax returns on asingle form, an amendment thereto, or other claim resulting in the issuanceof a refund, the Tax Commissioner shall order the reissuance of the refund inseparate checks to the husband and to the wife if the unnegotiated jointrefund check is returned to Department with a certification, in a formsatisfactory to the Department, made by one spouse that the other spouserefuses to endorse the joint refund check or cannot be located. In makingsuch certification, the spouse returning the check shall agree to indemnifythe Commonwealth for any amounts that the Commonwealth may be required to payto the other spouse with respect to such refund. A certified copy of thefinal divorce decree, including any agreement with respect to the division ofproperty between the spouses, shall be provided with the certification. Ifthe final divorce decree addresses the apportionment or ownership of therefunded amount, the refund shall be apportioned and separate paymentsordered as provided therein. If the final divorce decree does not address theapportionment or ownership of the refunded amount, the amount of the refundshall be divided equally between the husband and wife. The reissuance ofrefund payments pursuant to this subsection shall not affect the joint andseveral liability of the husband and wife for tax liabilities for the periodfor which the return or returns were filed.
C. Whenever the annual income tax return of an individual income taxpayerindicates in the place provided thereon that the taxpayer has overpaid histax for the taxable year by reason of excessive withholding or overestimatingand overpaying estimated tax, or both, the amount of the overpayment as shownon his return, subject to correction for error, may be credited against theestimated income tax for the ensuing year at the taxpayer's election andaccording to regulations prescribed by the Department and such overpaymentsby either a husband or wife on a separate return may be credited to the taxfor the ensuing year of either of them or may be credited to their joint taxat the election of the person to whom the overpayment is payable; orotherwise such amount shall be refunded to him as soon as practicable.Interest on such refund shall be allowed and computed in accordance with §58.1-1833. The making of any refund shall not absolve any taxpayer of anyincome tax liability which may in fact exist and the Tax Commissioner maymake an assessment for any deficiency in the manner provided by law.
D. No refund under this section, however, shall be made for any overpaymentof less than one dollar except on special written application of thetaxpayer, nor shall any refund of any amount under this section be made,whether on discovery by the Department or on written application of thetaxpayer, if such discovery is not made or such written application is notreceived within three years from the last day prescribed by law for thetimely filing of the return, or within sixty days from the finaldetermination of any change or correction in the liability of the taxpayerfor any federal tax upon which the state tax is based, whichever is later.
E. Notwithstanding the provisions of the Setoff Debt Collection Act, Article21 (§ 58.1-520 et seq.) of this chapter, whenever any taxpayer is entitled toa refund under this section, or under § 58.1-309 or §§ 58.1-1821 through58.1-1830 and such taxpayer owes the Commonwealth a past due income tax, orbalance thereof, for any year, the amount of such refund may be credited onsuch past due income tax or balance, to the extent indicated.
(Code 1950, § 58-151.31; 1962, c. 612; 1966, c. 244; 1971, Ex. Sess., c. 171;1977, c. 250; 1984, c. 675; 1997, c. 355.)
§ 58.1-499. Refunds to individual taxpayers; crediting overpayment againstestimated tax for ensuing year.
A. In the case of any overpayment of any tax, addition to tax, interest orpenalties imposed on an individual income taxpayer by this chapter, whetherby reason of excessive withholding, overestimating and overpaying estimatedtax, error on the part of the taxpayer, or an erroneous assessment of tax,the Tax Commissioner shall order a refund of the amount of the overpayment tothe taxpayer. The overpayment shall be refunded out of the state treasury onthe order of the Tax Commissioner upon the Comptroller.
B. If a refund of an overpayment of individual income tax payments is madepayable jointly to a husband and wife who receive a final divorce decreeafter filing a joint income tax return, separate income tax returns on asingle form, an amendment thereto, or other claim resulting in the issuanceof a refund, the Tax Commissioner shall order the reissuance of the refund inseparate checks to the husband and to the wife if the unnegotiated jointrefund check is returned to Department with a certification, in a formsatisfactory to the Department, made by one spouse that the other spouserefuses to endorse the joint refund check or cannot be located. In makingsuch certification, the spouse returning the check shall agree to indemnifythe Commonwealth for any amounts that the Commonwealth may be required to payto the other spouse with respect to such refund. A certified copy of thefinal divorce decree, including any agreement with respect to the division ofproperty between the spouses, shall be provided with the certification. Ifthe final divorce decree addresses the apportionment or ownership of therefunded amount, the refund shall be apportioned and separate paymentsordered as provided therein. If the final divorce decree does not address theapportionment or ownership of the refunded amount, the amount of the refundshall be divided equally between the husband and wife. The reissuance ofrefund payments pursuant to this subsection shall not affect the joint andseveral liability of the husband and wife for tax liabilities for the periodfor which the return or returns were filed.
C. Whenever the annual income tax return of an individual income taxpayerindicates in the place provided thereon that the taxpayer has overpaid histax for the taxable year by reason of excessive withholding or overestimatingand overpaying estimated tax, or both, the amount of the overpayment as shownon his return, subject to correction for error, may be credited against theestimated income tax for the ensuing year at the taxpayer's election andaccording to regulations prescribed by the Department and such overpaymentsby either a husband or wife on a separate return may be credited to the taxfor the ensuing year of either of them or may be credited to their joint taxat the election of the person to whom the overpayment is payable; orotherwise such amount shall be refunded to him as soon as practicable.Interest on such refund shall be allowed and computed in accordance with §58.1-1833. The making of any refund shall not absolve any taxpayer of anyincome tax liability which may in fact exist and the Tax Commissioner maymake an assessment for any deficiency in the manner provided by law.
D. No refund under this section, however, shall be made for any overpaymentof less than one dollar except on special written application of thetaxpayer, nor shall any refund of any amount under this section be made,whether on discovery by the Department or on written application of thetaxpayer, if such discovery is not made or such written application is notreceived within three years from the last day prescribed by law for thetimely filing of the return, or within sixty days from the finaldetermination of any change or correction in the liability of the taxpayerfor any federal tax upon which the state tax is based, whichever is later.
E. Notwithstanding the provisions of the Setoff Debt Collection Act, Article21 (§ 58.1-520 et seq.) of this chapter, whenever any taxpayer is entitled toa refund under this section, or under § 58.1-309 or §§ 58.1-1821 through58.1-1830 and such taxpayer owes the Commonwealth a past due income tax, orbalance thereof, for any year, the amount of such refund may be credited onsuch past due income tax or balance, to the extent indicated.
(Code 1950, § 58-151.31; 1962, c. 612; 1966, c. 244; 1971, Ex. Sess., c. 171;1977, c. 250; 1984, c. 675; 1997, c. 355.)
