Proposed Text
23VAC10-20-180. Amended returns claiming a refund.
A. Filing.
1. Amended returns claiming a refund of any tax administered by
the department Department of Taxation are governed by
§ 58.1-1823 of the Code of Virginia. Amended returns claiming a refund must
be filed within three years from the last day prescribed by law for the timely
filing of the original return or, if later, within 60 days from the final
determination of any change or correction in the liability of the taxpayer for
any federal tax upon which the Virginia tax is based.
2. The amended return shall supply all the information required in an original return and, in addition, the taxpayer must attach a statement explaining the changes made and the reasons for the changes. If the refund claim is due to a change in federal taxable income or estate, the taxpayer must furnish a copy of the Revenue Agent's Report or other appropriate notice that the change has been accepted by the Internal Revenue Service.
a. When a dealer is applying for a refund of sales tax, the dealer shall attach a list of the purchasers from whom the tax was collected and to whom the refund and interest, if allowed, will be paid.
b. When a consumer is applying for a refund of sales or use
tax assessed against a dealer or contractor, the consumer shall identify the
dealer or contractor, explain the circumstances surrounding the payment by the
consumer, and explain why the claim for refund could not, or
would not, be made by the dealer or contractor.
3. The time limit specified above applies only to amended
returns claiming a refund and does not apply to amended returns showing a tax
due. The period for assessing taxes due may vary for each type of tax and may
also depend on circumstances such as fraud or failure to file a return.
4. 3. See § 58.1-9 of the Code of Virginia for
provisions relating to filing a return by mail.
B. Final determination. For the purposes of this regulation
§§ 58.1-311 and 58.1-1823 of the Code of Virginia, any one of the
following shall be deemed a final determination of a change in liability for
the federal tax:
1. Payment or refund of any federal income or estate tax,
not the subject of any other final determination described in subdivision 2, 3,
4, or 5 of this subsection B. The payment of a federal income or
estate tax is a final determination for Virginia purposes even though a refund
suit may be pending or contemplated which that could result in
another "final determination";
2. The receipt of an assessment or other notice that the amount of deficiency or overassessment stated on federal Form 870 or similar form has been agreed to by the IRS;
3. The expiration of the 90-day time period (150-day period in
the case of notice addressed to a person outside the states of the union and
the District of Columbia) within which a petition for redetermination may be
filed with the U.S. United States Tax Court with respect to a
statutory notice of deficiency issued by the Internal Revenue Service, if a
petition is not filed with that court within such time;
4. A closing agreement entered into with the Internal Revenue
Service under Section § 7121 of the Internal Revenue Code (26
USC § 1 et seq.). The "final determination" shall
occur when the taxpayer receives notice of the signing by the Commissioner of Internal
Revenue;
5. A decision by the U.S. United States Tax
Court, U.S. District Court a United States district court, the
U.S. Claims Court, U.S. Court of Appeals a United States court of
appeals, or the United States Supreme Court that has become final, or the
date the court approves a voluntary agreement stipulating disposition of the
case.
C. Assessment. The denial in whole or in part of taxpayers
a taxpayer's claim for refund, or the department's failure to act within
three months, is treated as an assessment for the purpose of permitting a
taxpayer to pursue other administrative and judicial remedies, but only as to
matters first raised by the amended return. Therefore an amended return should
not be filed if the claim for refund involves issues that were previously
considered in the course of an audit, application for correction, or
protective claim.
23VAC10-110-70. Report of change of federal taxable income.
(Repealed.)
A. Report. If the amount of any individual's federal
taxable income is changed or corrected by the Internal Revenue Service or other
competent authority or as the result of a renegotiation of a contract or
subcontract with the United States, such individual must report the change or
correction to the department within 90 days from the date of the final
determination of such change, correction, or renegotiation. In reporting a
change, correction or renegotiation, the individual shall either concede its
accuracy or state why such is erroneous.
B. Amended return. When any individual files an amended
federal income tax return for any taxable year, he must also file an amended
Virginia return for such taxable year. The amended return must be filed within
90 days of the filing of the complementary federal amended return, except that
any amended return claiming a refund for overpayment of tax must be filed
within 60 days of the final determination of any changes in his federal tax
liability. (See 23VAC10-20-180.)
C. Final determination. For purposes of this section a
"final determination" of a change in federal tax liability shall have
the same meaning as set forth in 23VAC10-20-180.
23VAC10-115-110. Returns of estates and trusts.
A. Filing requirements. 1. Every resident estate or
trust which that either is required to file a federal income tax
return for the taxable year or which that has any Virginia taxable
income for the taxable year must file an income tax return. If the return is
for a fractional part of a year, the due date shall be determined as if the
return were for a full 12-month period, that is, it shall be due by the 15th
day of the fourth month after the close of the taxable year.
2. B. Every nonresident estate or trust having
Virginia taxable income for the taxable year determined under 23VAC10-115-50
must file an income tax return.
3. C. The return must be accompanied by a copy
of any federal fiduciary tax return filed for such taxable year.
B. Due date.
1. The return is due on or before May 1 of each year for
fiduciaries filing on a calendar-year basis.
2. If the return is for a fiscal or fractional year, it is
due on or before the 15th day of the fourth month after the close of the
taxable year.
C. Who to file.
1. Deceased individual. The return for any deceased
individual shall be made and filed by his executor, administrator, or other
person charged with his property.
2. Fiduciary. The return for an estate or trust shall be
made and filed by the fiduciary.
3. Two or more fiduciaries. If two or more fiduciaries are
acting jointly, the return may be made by any one of them.
D. Report of change. If the amount of any fiduciary's federal
taxable income is changed or corrected by the Internal Revenue Service or other
competent authority or as the result of a renegotiation of a contract or
subcontract with the United States, such fiduciary must report the change or
correction to the department within 90 days from the date of the final
determination of such change, correction, or renegotiation. In reporting a
change, correction or renegotiation, the fiduciary shall either concede its
accuracy or state why such is erroneous.
E. Amended return. When any fiduciary files an amended
federal income tax return for any taxable year, it must also file an amended
Virginia return for such taxable year. The amended return must be filed within
90 days of the filing of the complementary federal amended return, except that
any amended return claiming a refund for overpayment of tax must be filed
within 60 days of the final determination of any changes in its federal tax
liability. (See 23VAC10- 20-180.)
F. Final determination. For purposes of this section a
"final determination" of a change in federal tax liability shall have
the same meaning as set forth in 23VAC10-20-180 B.
23VAC10-120-30. Report of change of federal taxable income.
(Repealed.)
A. Report. If the amount of any corporation's federal
taxable income is changed or corrected by the Internal Revenue Service or other
competent authority or as the result of a renegotiation of a contract or
subcontract with the United States, such corporation must report the change or
correction to the department within 90 days from the date of the final
determination of such change, correction, or renegotiation. In reporting a
change, correction or renegotiation, the corporation shall either concede its
accuracy or state why such is erroneous.
B. Amended return. When any corporation files an amended
federal income tax return for any taxable year, it must also file an amended
Virginia return for such taxable year. The amended return must be filed within
90 days of the filing of the complementary federal amended return, except that
any amended return claiming a refund for over-payment of tax must be filed
within 60 days of the final determination of any changes in its federal tax
liability. (See 23VAC10-20-180.)
C. Final determination. For purposes of this section a
"final determination" of a change in federal tax liability shall have
the same meaning as set forth in 23VAC10-20-180 B.