reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 120 - Corporation Income Tax › Section 23VAC10-120-460 - Failure to pay estimated tax

Current through Register Vol. 40, No. 24, July 15, 2024
A. Definitions. The following definitions
				apply only to the computation of the addition to the tax for failure to pay
				estimated tax.
1. Underpayment. With respect
				to any installment, the "underpayment" is the excess of (i) the installment
				which would be required to be paid if the estimated tax were equal to 90% of
				the income tax shown on the income tax return for the taxable year (or the
				amount to the tax, if no return was filed) over (ii) the amount, if any, of the
				installment paid on or before the last day prescribed for payment of the
				installment.
2. Tax or income tax.
				For the purpose of computing the addition to the tax, the term "tax" means the
				income tax shown on the income tax for the taxable year less the credits
				allowed by Va. Code §§ 58.1-430 and 58.1-431.
3. Period of underpayment. The addition is
				computed with respect to each installment for which there is an underpayment.
				The "period of underpayment" begins with the date the installment was required
				to be paid and ends on the earlier of:
a. The
				15th day of the 4th month following the close of the taxable year, or
b. The date on which any portion of the
				underpayment is paid. A payment of estimated tax on any installment date shall
				be considered a payment of previous underpayment only to the extent such
				payment exceeds the installment which would be required to be paid if the
				estimated tax were equal to 90% of the income tax.
4. Rate. The "rate" applied to each
				underpayment to determine the amount of the addition to the tax shall be the
				interest rate determined under Va. Code § 58.1-15.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 120 - Corporation Income Tax › Form - FORMS (23VAC10-120)

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Corporation Income Tax Return (Booklet-Instructions
				  for Form 500), Form 500 (eff. 9/1993)
Schedule A-Multistate Corporation-Allocation and
				  Apportionment of Income
Underpayment of Virginia Estimated Tax by Corporations, Form
				  500C
Application for Extension of Time, Form 500E (eff.
				  9/1993)
Declaration of Estimated Income Tax for Corporations, Form
				  500V (eff. 9/1993)
Virginia Corporation Income Tax Extension Payment Voucher,
				  Form 500EV (eff. 9/1993)
Corporation Application for Refund, Form 500-NOLD (eff.
				  9/1993)
Virginia Small Business Corporation Return of Income, Form
				  500-S (eff. 9/1993)
Telecommunications Companies Minimum Tax and Credit Schedule
				  (Instructions for Form 500T), Form 500-T (eff. 2/1992)
Corporation Income Tax Voucher
Amended Virginia Corporation Income Tax Return, Form 500X
				  (eff. 9/1993)
Combined Registration Application, Form R-1 (eff.
				  10/1989)
Instructions for Completing Combined Registration, Form R-4
				  (eff. 10/1989)
Instructions
				  for Virginia Venture Capital Account Investment Fund Registration and
				  Certification Forms (rev. 2/2018)
Venture
				  Capital Account Investment Fund Registration Application, Form VEN-1 (rev.
				  1/2018)
Venture
				  Capital Account Investment Fund Confirmation Application, Form VEN-2 (rev.
				  1/2018)
Venture
				  Capital Account Investment Fund Investor Information Report, Form VEN-3 (rev.
				  2/2018)
Statutory Authority: §
											58.1-203
					 of the Code of Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 140 - INCOME TAX WITHHOLDING › Section 23VAC10-140-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
				  shall have the following meanings unless the context clearly indicates
				  otherwise:
"Commissioner" means the Tax Commissioner.
"Employee" means "employee'' as defined in § 58.1-460 of
				  the Code of Virginia. The relationship of employer and employee is determined
				  in accordance with the test set forth in
				  26 CFR
				  31.3401(c) -1.
"Wages" means "wages'' as defined in § 58.1-460 of the
				  Code of Virginia. The exclusion from wages of a payment does not exempt the
				  payee from income tax liability for the payment. However, the payee and the
				  payor may agree pursuant to § 58.1-466 of the Code of Virginia to have
				  amounts withheld from payments that are not considered wages. A payor who
				  voluntarily withholds income tax consents to be treated as an employer making
				  payment of wages subject to Article 16 (§ 58.1-460 et seq.) of Chapter 3
				  of Title 58.1 of the Code of Virginia and this chapter.
Statutory Authority: § 58.1-203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 140 - INCOME TAX WITHHOLDING › Section 23VAC10-140-40 - Other methods of withholding

Current through Register Vol. 40, No. 24, July 15, 2024
The Commissioner may grant permission to employers who do not
				  desire to use the withholding tax tables provided in accordance with
				  23VAC10-140-30, to determine the amount of tax to be withheld by use of a
				  method of withholding other than withholding tax tables, provided such method
				  will withhold from each employee substantially the same amount of tax as would
				  be withheld by use of the withholding tax tables. Employers who desire to
				  determine the amount of tax to be withheld by a method other than by use of the
				  withholding tax tables shall obtain permission from the Commissioner before the
				  beginning of a payroll period for which the employer desires to withhold the
				  tax by such other method. Applications to use such other method must be
				  accompanied by evidence establishing the need for the use of such
				  method.
The following formula has been approved for computing the
				  amount of Virginia income tax to be withheld by employers who process their
				  payrolls on electronic data processing equipment:
Legend
G = Gross pay for pay period
P = Pay periods per year
E = Total personal exemptions claimed on VA-4
A = Annualized taxable income
T = Tax to be withheld for pay period
W = Annualized tax to be withheld
Pay Period Conversion (P)
Annually
= 1
Semi-Monthly
= 24
Semi-Annually
= 2
Bi-Weekly
= 26
Quarterly
= 4
Weekly
= 52
Monthly
= 12
Daily
= 300
Formula
1. A = (G)P - [$650 + (600)E]
2. If A is:
W is:
Not over $3,000
2% of A
Over
But not over
of excess over
$ 3,000
$ 5,000
$ 60 + 3%
$ 3,000
$ 5,000
$12,000
$120 + 5%
$ 5,000
$12,000
...
$470 + 5 3/4%
$12,000
3. T = W / P
Example: John Q. Taxpayer claims his wife and three children
				  for Virginia withholding purposes. He had $400 in gross wages for the
				  SEMI-MONTHLY pay period.
1.
A = (G)P - [$650 + (600)E]
A = (400) 24 - [650 + (600)5]
A = 9,600 - (650 + 3,000)
A = 9,600 - 3,650 = 5,950
2.
W = 167.50
3.
W / P = T
167.50/24 = 6.98
$6.98
=
T
= tax to be withheld for pay period
Statutory Authority
§§ 58.1-203 and 58.1-463 of the Code of Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 140 - INCOME TAX WITHHOLDING › Section 23VAC10-140-50 - Miscellaneous payroll period applicable to withholding in payment of certain wages; withholding on basis of average wages

Current through Register Vol. 40, No. 24, July 15, 2024
A. Wages paid with respect to period which is
				not payroll period.-If wages are paid with respect to a period which is not a
				payroll period, the amount to be deducted and withheld shall be that applicable
				in the case of a miscellaneous payroll period containing a number of days,
				including Sundays and holidays, equal to the number of days in the period with
				respect to which such wages are paid.
Example: Employer B is a painter who pays Employee C when a
				  particular job is completed. Painting Ms. R's house took six days over an
				  eight-day period. Employee C (who claims two personal exemptions) earned $75
				  for each of the six days worked, or $450 for the job. For withholding purposes,
				  Employee C is deemed to have earned $56.25 ($450 divided by eight) for each day
				  in the eight-day period. Using the daily or miscellaneous withholding tax
				  table, $17.76 (or $2.22 for each of the eight days) of Virginia income tax was
				  withheld.
B. Wages paid
				without regard to any period.-In any case in which wages are paid by an
				employer without regard to any payroll period or other period, the amount to be
				deducted and withheld shall be that applicable in the case of a miscellaneous
				payroll period containing a number of days equal to the number of days,
				including Sundays and holidays, which have elapsed since the date of the last
				payment of such wages by such employer during the calendar year, or the date of
				commencement of employment with such employer during such year, or January 1 of
				such year, whichever is the later.
Example: Employer D is an automobile dealer who pays
				  Employee E a commission when he sells automobiles. Employee E received
				  commissions on March 30, 1983 and May 17, 1983 for several cars sold in 1983.
				  The May 17 commission was $3,000. Employee E, who has been employed since June
				  15, 1982, claims two personal exemptions. Employer D withheld $123.36 from the
				  May 17 commission, computed as follows:
1. Average daily wage is computed by dividing
				total amount of wage payment ($3,000) by number of days since March 30, 1983
				(48 days) [March 30, 1983 is used as the starting date because it is the later
				of March 30, 1983, June 15, 1982 or January 1, 1983]. . . . . . . .
				$62.50
2. Amount of withholding
				from daily or miscellaneous table on wages of $62.50 for two exemptions ($2.57)
				multiplied by 48 days. . . $123.36
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 140 - INCOME TAX WITHHOLDING › Section 23VAC10-140-60 - Overlapping pay periods, and payment by agent or fiduciary

Current through Register Vol. 40, No. 24, July 15, 2024
A. Supplemental wage payments.
1. An employee's remuneration may consist of
				wages paid for a payroll period and supplemental wages, such as bonuses,
				commissions, and overtime pay, paid for the same or a different period, or
				without regard to a particular period. When such supplemental wages are paid
				(whether or not at the same time as the regular wages), the amount of the tax
				required to be withheld under these regulations shall be determined in
				accordance with this section.
2.
				The supplemental wages, if paid concurrently with wages for a payroll period,
				shall be aggregated with the wages paid for such payroll period. If not paid
				concurrently, the supplemental wages shall be aggregated with the wages paid or
				to be paid within the same calendar year for the last preceding payroll period
				or for the current payroll period. The amount of tax to be withheld shall be
				determined as if the aggregate of the supplemental wages and the regular wages
				constituted a single wage payment for the regular payroll period.
Example 1: A is employed as a salesman at a monthly salary
				  of $130 plus commissions on sales made during the month. He claims one
				  withholding exemption. During May 1982, A earns $300 in commissions, which
				  together with the salary of $130 is paid on June 10, 1982. Under the wage
				  bracket method the amount of the tax required to be withheld is shown in the
				  table applicable to a monthly payroll period. Under this table $7.42 in tax is
				  required to be withheld from wages of $430 with one personal exemption
				  claimed.
Example 2: B is employed at an annual salary of $12,000
				  which is paid semimonthly in the amount of $500 on the 15th day and on the last
				  day of each month. He also receives a bonus and commission determined at the
				  end of each 3-month period. The bonus and commission for the 3-month period
				  ending on September 30, 1982, amount to $250, which is paid on October 10,
				  1982. B has claimed four withholding exemptions. Under the wage bracket method,
				  the amount of tax required to be withheld on $750, which is the aggregate of
				  the $250 bonus and the last preceding semimonthly wage payment of $500 (which
				  was paid September 30, 1982), is shown in the table applicable to a semimonthly
				  payroll period to be $27.29. However, since tax in the amount of $13.60 was
				  withheld on the (September 30, 1982) semimonthly wage payment of $500, the
				  amount to be withheld on October 10, 1982, is $13.69 ($27.29 less
				  $13.60).
If, however, supplemental wages are paid and tax has been
				  withheld from the employee's regular wages, the employer may determine the tax
				  to be withheld by using a flat percentage rate of 5.75%, without allowance for
				  exemption and without reference to any regular payment of wages.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 140 - INCOME TAX WITHHOLDING › Section 23VAC10-140-70 - Additional withholding

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				addition to the tax required to be deducted and withheld in accordance with the
				provisions of this chapter, the employer and employee may agree that an
				additional amount of Virginia income tax shall be withheld from the employee's
				wages. The agreement shall be in writing and shall be in such form as the
				employer may prescribe. The agreement shall be effective for such period as the
				employer and employee mutually agree upon. However, unless the agreement
				provides for an earlier termination, either the employer, or the employee, by
				furnishing a written notice to the other, may terminate the agreement effective
				with respect to the first payment of wages made on or after the first status
				determination date, January 1 or July 1, which occurs at least 30 days after
				the date on which such notice is furnished.
B. The amount deducted and withheld pursuant
				to an agreement between the employer and employee shall be set forth on the
				Employee's Withholding Exemption Certificate (currently Form VA-4) and shall be
				considered as tax required to be deducted and withheld under this chapter. All
				provisions of law and regulations applicable with respect to the tax required
				to be deducted and withheld under these regulations shall be applicable with
				respect to any amount deducted and withheld pursuant to the
				agreement.
Statutory Authority
§§ 58.1-203 and 58.1-466 of the Code of
					 Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 140 - INCOME TAX WITHHOLDING › Section 23VAC10-140-110 - Withholding exemption certificates

Current through Register Vol. 40, No. 24, July 15, 2024
A. Generally. An employee receiving wages
				shall be entitled to the number of exemptions for which such employee qualifies
				under the laws of the United States relating to federal income taxes. However,
				the Commissioner, upon written request, may permit additional allowances where
				the amount withheld according to the Virginia Income Tax Withholding Tables
				will result in a substantial overpayment of the employee's income tax. See
				23VAC10-140-40.
B. On commencement of employment. At the time
				of commencing employment, every employee shall furnish his employer with a
				signed withholding exemption certificate relating to the withholding exemptions
				which the employee claims, which in no event shall exceed the sum of exemptions
				to which the employee is entitled. If an employee fails to furnish a
				certificate, an employer is required to withhold tax as if the employee had
				claimed no withholding exemptions.
C. When certificate takes effect.
1. First certificate furnished. Withholding
				exemption certificates shall take effect as of the beginning of the first
				payroll period ending, or the first payment of wages made without regard to a
				payroll period, on or after the date on which such certificate is so furnished,
				provided that certificates furnished before January 1, 1983 shall be considered
				as furnished on that date.
2.
				Furnished to take place of existing certificate. A withholding exemption
				certificate which takes effect under this chapter shall continue in effect with
				respect to the employer until another such certificate takes effect under this
				section. If a withholding exemption certificate is furnished to take the place
				of an existing certificate, the employer, at the employer's option, may
				continue the old certificate in force with respect to all wages paid on or
				before the first status determination date, January 1 or July 1, which occurs
				at least 30 days after the date on which such new certificate is
				furnished.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 140 - INCOME TAX WITHHOLDING › Section 23VAC10-140-190 - Withholding tax statements for employees; employers must file annual returns with commissioner

Current through Register Vol. 40, No. 24, July 15, 2024
A. Every
				person required to deduct and withhold from an employee's wages under these
				regulations shall furnish a written statement to each such employee in respect
				to the remuneration paid by such person to such employee during the calendar
				year, on or before January 31 of the succeeding year, or if his employment is
				terminated before the close of such calendar year, on the day on which the last
				payment of remuneration is made. The statement shall be in duplicate showing
				the following:
(1) the name, address, and
				state and federal identification numbers of such person;
(2) the name of the employee and his social
				security account number;
(3) the
				total amount of wages;
(4) the
				total amount deducted and withheld under these regulations by such employer;
(5) the calendar year for which
				the wages were paid; and
(6) the
				name of the state for which the tax was withheld. An employee should report any
				discrepancies in the written statement to the employer. If the employer
				determines an error has been made, the employer shall promptly issue to the
				employee an amended written statement and also send a copy of the amended
				statement to the Department with a written explanation.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 140 - INCOME TAX WITHHOLDING › Section 23VAC10-140-200 - Refund to employer; time limitation; procedure

Current through Register Vol. 40, No. 24, July 15, 2024
A. Adjustments.
1. If an employer pays more than the amount
				of withholding tax actually withheld for any taxable period, an adjustment
				should be made on the first return filed after the overpayment is discovered
				and on each of the following returns for the same calendar year until full
				credit for the overpayment has been taken. If an employer pays less than the
				amount of withholding tax actually withheld for any taxable period, an
				adjustment should be made on the first return filed after the underpayment is
				discovered. The return on which the overpayment or underpayment is reported
				must contain a detailed explanation of the adjustment. If the overpayment is
				discovered on or after filing of the annual return set forth in
				23VAC10-140-190 B, a refund is
				permitted only to the extent that the amount of such overpayment was not
				deducted and withheld from the employee's wages. If a discovery of an
				underpayment is made by the Department an assessment can be made within three
				years from the date on which the tax became due and payable. If no return is
				filed, an assessment may be made within six years from the date on which the
				tax became due and payable. (See also
				23VAC10-20-100.)
2. If in any calendar year an employer fails
				to withhold tax, or withholds less than the correct amount of tax from any wage
				payment, the employer remains liable for the correct amount of withholding tax
				and may withhold the amount of underwithholding from wages paid during the
				current calendar year to that employee following discovery of the
				underwithholding. Reimbursement is a matter for settlement between employer and
				employee.
3. If in any calendar
				year the employer deducts more than the correct amount of tax from a wage
				payment, the employer should repay the overcollection to the employee. The
				employer should keep employee's written receipt showing the date and amount of
				the repayment. Every overcollection for which the employee does not give a
				receipt must be reported and paid with the annual return for the calendar year
				in which the employer made the overcollection. In the alternative, the employer
				may reduce subsequent withholding from wage payments made during the current
				calendar year. If the overcollection is discovered on or after filing of the
				annual return set forth in
				23VAC10-140-190 B, the
				overcollection must be reported on the employee's written statement required by
				23VAC10-140-190 A. Refund is
				available upon the employee's filing of his income tax return.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 140 - INCOME TAX WITHHOLDING › Section 23VAC10-140-230 - Certain nonresidents; reciprocity with other states

Current through Register Vol. 40, No. 24, July 15, 2024
A. Certain nonresidents. Any employee who
				lives in Kentucky, Maryland, West Virginia, or the District of Columbia, and
				commutes each workday from one of the above named jurisdictions to his place of
				employment in Virginia and derives wages for service performed in Virginia for
				an employer within the geographical limits of Virginia, is required to file
				with his Virginia employer a Certificate of Nonresidence in the Commonwealth of
				Virginia, Form VA-3. The Virginia employer, upon receipt of such properly
				executed certificate from such an individual, will not withhold any Virginia
				income tax from such employee's wages.
If a nonresident who has filed such certificate subsequently
				  moves to Virginia at any time during the calendar year, or otherwise loses his
				  status as a commuter on a daily basis from one of the above named jurisdictions
				  to his place of employment in Virginia, he must notify his Virginia employer of
				  such fact within 10 days after the change of status and, in such case, the
				  Virginia employer is required to withhold the full amount of Virginia income
				  tax from the wages of such employee beginning with the first wages paid to such
				  employee after the employer has been notified of the change of status of such
				  employee.
B. Pennsylvania
				agreement. Under an agreement made pursuant to § 58.1-342B of the Code of
				Virginia, Virginia residents are not required to pay income tax or file a
				return with, nor be subject to withholding on compensation earned from sources
				in, Pennsylvania. Pennsylvania residents earning wages in Virginia will be
				similarly exempted from income tax filing, payment, and withholding
				requirements imposed by Virginia. Nonresidents must file a certificate of
				nonresidence with their employer in order to relieve them of their tax
				liability to the state in which they are employed.
The agreement eliminates the previous need to file two
				  returns when a taxpayer resides in one state and works in the other. Now such
				  individuals need only file a tax return with their state of residence. Under
				  the terms of the agreement, Pennsylvania employers not otherwise required to
				  withhold by law will be encouraged to withhold and remit Virginia tax from
				  wages paid to Virginia residents. Virginia employers are likewise encouraged to
				  withhold and remit Pennsylvania tax from wages paid to residents of that
				  state.
The agreement applies only to earned income. It does not
				  apply to individuals who reside in both states for a portion of the year. Such
				  individuals will continue to be liable for tax to each state on income received
				  while residing in the state.
Statutory Authority
§§ 58.1-203 and 58.1-482 of the Code of
					 Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 140 - INCOME TAX WITHHOLDING › Section 23VAC10-140-280 - Lottery winnings; definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms, when used in
				  23VAC10-140-280 through
				  23VAC10-140-284, shall have the
				  following meanings, unless the context clearly indicates otherwise:
"Lottery Department" means the Virginia State Lottery
				  Department.
"Lottery prize" means any single cash or noncash prize
				  awarded by the Lottery Department as a result of winning any authorized lottery
				  game.
"Virginia source income" includes, but is not limited to,
				  (i) items of income, gain, loss, and deduction attributable to ownership of any
				  interest in real or tangible personal property or a business, trade,
				  profession, or occupation carried on in the Commonwealth; (ii) income
				  attributable to intangible personal property, to the extent that such property
				  is employed by the taxpayer in a business, trade, profession, or occupation
				  carried on in the Commonwealth; and (iii) prizes awarded by the Lottery
				  Department.
Statutory Authority
§§ 58.1-203 and 58.1-4006B(B)(1) of the Code of
					 Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 140 - INCOME TAX WITHHOLDING › Section 23VAC10-140-281 - Income taxation of lottery prizes

Current through Register Vol. 40, No. 24, July 15, 2024
A. Lottery prizes subject to taxation. Any
				lottery prize of $600 or more shall be subject to Virginia income tax. To the
				extent included in federal adjusted gross income, any lottery prize of less
				than $600 shall be subtracted from federal adjusted gross income in determining
				Virginia taxable income. No subtraction is allowed for the first $599 of a
				prize of $600 or more.
B. Persons
				subject to taxation. The following persons shall be subject to Virginia income
				taxation at the current applicable rate as determined in Chapter 3 of Title
				58.1 of the Code of Virginia on lottery prizes subject to taxation under
				subsection A above:
1. Residents;
2. Nonresidents; and
3. Part-year residents.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 140 - INCOME TAX WITHHOLDING › Section 23VAC10-140-283 - Lottery winnings; forms and reporting

Current through Register Vol. 40, No. 24, July 15, 2024
A. Federal. The Lottery Department shall
				report every lottery prize of $600 or more on Form W-2G. Form W-2G must be
				prepared and filed in accordance with the regulations promulgated by the
				Internal Revenue Service.
B. State.
				The Lottery Department shall file Virginia state income tax withholding returns
				in accordance with § 58.1-472 of the Code of Virginia. The Lottery
				Department shall report state withholding amounts on proceeds in excess of
				$5,000. The Lottery Department shall not be required to report any prize of
				less than $600.
Statutory Authority
§§ 58.1-203 and 58.1-4006B(B)(1) of the Code of
					 Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 140 - INCOME TAX WITHHOLDING › Section 23VAC10-140-284 - Provisions of Chapter 3 of Title 58.1 of the Code of Virginia to apply

Current through Register Vol. 40, No. 24, July 15, 2024
The income tax provisions of Chapter 3 of Title 58.1 of the
				  Code of Virginia and the regulations promulgated thereunder shall apply to the
				  amounts withheld by the Lottery Department, except as otherwise provided by law
				  and 23VAC10-140-280 through
				  23VAC10-140-284.
Statutory Authority
§§ 58.1-203 and 58.1-4006B(B)(1) of the Code of
					 Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 140 - INCOME TAX WITHHOLDING › Form - FORMS (23VAC10-140)

Current through Register Vol. 40, No. 24, July 15, 2024
Employer Income Tax Withholding Instructions.
Certificate of Non-Residence in the Commonwealth of Virginia,
				  Form VA-3 (eff. 11/88)
Virginia Employee's Withholding Exemption Certificate, Form
				  VA-4 (eff. 6/93).
Virginia Employee's Withholding Income Tax Credit for Income
				  Taxes Paid to Another State, Form VA-4B (eff. 6/84).
Virginia Withholding Exemption (Instructions), Form VA-4P
				  (eff. 9/91).
Employer's Return of Virginia Income Tax Withheld, Form VA-5
				  (eff. 5/94).
Employer's Annual or Final Summary of Virginia Income Tax
				  Withheld, Form VA-6 (eff. 11/93).
Employer's Annual or Final Summary of Virginia Income Tax
				  Withheld (COPY), Form VA-6A (eff. 8/92).
Employer's Voucher for Payment of Virginia Income Tax
				  Withheld (Semi-Weekly), Form VA-15 (eff. 2/94).
Employer's Payments Quarterly Reconciliation and Return of
				  Virginia Income Tax Withheld, Form VA-16 (eff. 11/93).
Combined Registration Application, Form R-1 (eff.
				  10/89).
Instructions for Completing Combined Registration, Form R-4
				  (eff. 10/89).
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 210 - RETAIL SALES AND USE TAX › Section 23VAC10-210-10 - Adjustments, replacements and warranties

Current through Register Vol. 40, No. 24, July 15, 2024
When any taxable article is returned to the dealer for
				  adjustment, replacement or exchange and the consumer is given a new article
				  free or at a reduced price under a warranty or guarantee, the sales or use tax
				  must be computed on the actual additional amount, if any, paid to the dealer
				  for the new article.
For articles returned for cash or credit, see
				  23VAC10-210-3080.
Statutory Authority
§ 58.1-203 of the Code of Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 210 - RETAIL SALES AND USE TAX › Section 23VAC10-210-30 - Admissions

Current through Register Vol. 40, No. 24, July 15, 2024
The tax does not apply to sales of tickets, fees, charges,
				  or voluntary contributions for admissions to places of amusement,
				  entertainment, exhibition, display, or athletic contests, nor to charges made
				  for participation in games or amusement activities. However "cover charges" or
				  "minimum charges" which include the provision of or the entitlement to food,
				  drinks, or other tangible property constitute a sale of property and are
				  subject to the tax. Admission fees or "door charges" which entail no right to
				  receipt of or credit toward the purchase of food or other tangible personal
				  property are not subject to the tax.
Statutory Authority
§ 58.1-203 of the Code of Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 210 - RETAIL SALES AND USE TAX › Section 23VAC10-210-40 - Advertising; definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms, when used in
				  23VAC10-210-40 through
				  23VAC10-210-43, shall have the
				  following meanings unless the context clearly indicates otherwise:
"Advertising" means the planning, creating, or placing of
				  advertising in newspapers, magazines, billboards, broadcasting or other media,
				  including without limitation, the providing of concept, writing, graphic
				  design, mechanical art, photography and production supervision.
"Advertising business" means any person or group of persons
				  providing "advertising" as defined herein.
"Media" means and includes newspapers, magazines,
				  billboards, direct mail, radio, television, and other modes of
				  communication.
Statutory Authority
§§ 58.1-203, 58.1-602 and 58.1-609.6(5) of the
					 Code of Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 210 - RETAIL SALES AND USE TAX › Section 23VAC10-210-41 - Advertising businesses

Current through Register Vol. 40, No. 24, July 15, 2024
A. Ad
				creation. The tax does not apply to charges by an advertising business for
				professional services in the planning, creating or placing of advertising in
				newspapers, magazines, billboards, direct mail, radio, television, or other
				media regardless of how such charges are computed by the advertising business
				and whether or not such business actually places the advertising in the media.
The tax does not apply to charges by an advertising business
				  for the provision of concept, writing, graphic design, mechanical art,
				  photography and production supervision in the development of an advertising
				  campaign, whether or not all aspects of the campaign are actually performed by
				  the same advertising business. For example, charges by an advertising business
				  for concept, writing, graphic design, mechanical art, photography, etc. . .,
				  provided by another advertising business, for use in the development of an
				  advertising campaign are not subject to the tax.
B. Purchases. Advertising businesses are
				engaged in providing professional services and are the users and consumers of
				all tangible personal property purchased for use in such businesses. Therefore,
				the tax applies to all purchases by an advertising business including, without
				limitation, the following items:
1.
				Administrative items, including paper, ink, pencils, layout boards, blank audio
				and video tapes, office furniture, office supplies and similar equipment and
				supplies;
2. Printing, including
				direct mail items, non-customized or stock mailing lists, handbills, brochures,
				flyers, bumper stickers, posters and similar printed materials whether or not
				for use in the development of a specific advertising campaign, and whether or
				not any of such materials are intended for distribution out of state (for
				printing generally, see
				23VAC10-210-3010; for catalogs and
				other printed materials, see 23VAC10-210-260 ); and
3. Promotional items, including pens,
				pencils, ash trays, calendars, balloons, t-shirts and similar items whether or
				not for use in a specific advertising campaign, and whether or not such items
				are intended for distribution out of state.
In addition, the tax applies to all purchases by an
				  advertising business of concept, writing, graphic design, mechanical art,
				  photography, etc. . ., not made pursuant to the development of a specific
				  advertising campaign. For example, if an advertising business purchases scenic
				  photographs of Virginia for possible use in future advertising campaigns, the
				  purchase of such photographs will be subject to the tax. (For photographs
				  generally, see
				  23VAC10-210-2050 )
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 210 - RETAIL SALES AND USE TAX › Section 23VAC10-210-42 - Newspaper and other media advertising

Current through Register Vol. 40, No. 24, July 15, 2024
A. Space and time charges. Charges for
				placing or running advertising in the media, as defined in
				23VAC10-210-40, are not subject to
				the tax. For example, the tax does not apply to charges for space in
				newspapers, magazines, or other print media nor to airtime charges on radio,
				television or other broadcast media.
B. Interstate commerce. Charges by an
				advertising business for professional services in the development and placement
				of advertising in the media are not subject to the tax whether the advertising
				business, the client which contracts with such business or the advertising
				media itself are located in Virginia. (For Interstate Commerce, see
				23VAC10-210-780.)
Statutory Authority
§§ 58.1-203, 58.1-602 and 58.1-609.6(5) of the
					 Code of Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 210 - RETAIL SALES AND USE TAX › Section 23VAC10-210-43 - In-house advertising

Current through Register Vol. 40, No. 24, July 15, 2024
Materials and supplies and other tangible personal property
				  used in "in-house" advertising, that is, advertising produced by any entity to
				  advertise, promote or display its own products or services, are subject to the
				  tax at the time of purchase.
For outdoor signs, see
				  23VAC10-210-4070; for interstate
				  commerce, see
				  23VAC10-210-780; for catalogs and
				  other printed materials for distribution out of state, see
				  23VAC10-210-260.
Statutory Authority
§§ 58.1-203, 58.1-602 and 58.1-609.6(5) of the
					 Code of Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 210 - RETAIL SALES AND USE TAX › Section 23VAC10-210-90 - Aircraft service establishments

Current through Register Vol. 40, No. 24, July 15, 2024
Establishments engaged in rendering aircraft services, such
				  as crop dusters, which make no sales of tangible personal property must pay the
				  tax on all tangible personal property used or consumed in their
				  operations.
Statutory Authority
§ 58.1-203 of the Code of Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 210 - RETAIL SALES AND USE TAX › Section 23VAC10-210-100 - Airlines operating in interstate commerce

Current through Register Vol. 40, No. 24, July 15, 2024
The tax does not apply to tangible personal property sold or
				  leased to an airline operating in intrastate, interstate or foreign commerce as
				  a common carrier providing service consisting of regularly scheduled flights to
				  one or more Virginia airports at least five days per week for use or
				  consumption by such airline directly in the rendition of its common carrier
				  service. Meals, snacks and beverages furnished by such an airline to passengers
				  or others are not use or consumption of tangible personal property by the
				  airline directly in the rendition of its common carrier service and are subject
				  to tax. Further as to meals, see
				  23VAC10-210-930.
Statutory Authority
§§ 58.1-203 and 58.1-609.3(6) of the Code of
					 Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 210 - RETAIL SALES AND USE TAX › Section 23VAC10-210-120 - Alterations

Current through Register Vol. 40, No. 24, July 15, 2024
Separately itemized charges for alterations to clothing sold
				  by a dealer are not a part of the total sales price to the customer and are not
				  subject to tax. Charges made for alterations to clothing by a person other than
				  the dealer selling the clothing are likewise not subject to the tax. Materials
				  used in performing alterations, including needles, thread, facing, etc., are
				  taxable at the time of purchase by the person performing the
				  alterations.
Statutory Authority
§§ 58.1-203 and 58.1-609.5(4) of the Code of
					 Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 210 - RETAIL SALES AND USE TAX › Section 23VAC10-210-130 - Artists and art dealers

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Generally. Sales of objects of art, including paintings, sculptures and models,
				are sales of tangible personal property. The total charge for the property,
				including any labor or other components of such charge, is subject to
				tax.
B. Sales by prisoners. The tax
				does not apply to sales by prisoners confined in state correctional facilities
				of artistic products personally made by such prisoners.
Statutory Authority: §
											58.1-203 of the Code of Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 210 - RETAIL SALES AND USE TAX › Section 23VAC10-210-140 - Auctioneers, agents, factors

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Generally. Auctioneers, agents or factors selling tangible personal property
				must collect and pay the sales tax on the gross sales price of each taxable
				sale, regardless of the fact that title to the property being sold may rest
				with another person. "Gross sales price" means the price for which the property
				is sold without any deduction for commissions, service charges or any other
				expenses.
B. Occasional sales.
1. Generally. Except as provided in
				subdivision 2 of this subsection, an auctioneer, factor or agent cannot make an
				"occasional sale" of tangible personal property because his business is the
				sporadic and occasional sale of property. Therefore, an auctioneer, factor or
				agent must collect the tax on all sales including estate sales and similar
				sales of short duration.
2.
				Exception. An auctioneer, factor or agent who sells substantially all the
				assets of a liquidating or reorganizing business as required in
				23VAC10-210-1080 is deemed to be
				engaged in an occasional sale and is not liable for collection or payment of
				the tax provided the sale occurs in three days or less. For example, an
				auctioneer may contract to conduct a two day auction of the assets of a
				liquidating business. Such sale would qualify as an "occasional sale" and the
				auctioneer would not be liable for collection of the tax. However, if, for
				example, the liquidation of the business takes place over a period of three
				months and the assets are auctioned off on a weekly basis during the period,
				the occasional sale exemption will not apply and the auctioneer will be
				required to collect and remit the tax on all sales.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 210 - RETAIL SALES AND USE TAX › Section 23VAC10-210-160 - Bad debts

Current through Register Vol. 40, No. 24, July 15, 2024
A. Generally.
				Any dealer may obtain a credit for the amount of any sales or use tax
				previously reported and paid on a return for accounts found to be worthless.
				Such credit must be claimed on the return filed for the period in which the
				account is determined to be worthless.
B. Limitations. No credit may exceed the
				amount of sales price which is actually uncollectible. Prior payments made to
				the dealer on a debt which is subsequently determined to be uncollectible must
				be allocated to the sales price, sales tax and other nontaxable charges based
				on the percentage that those charges represent to the total debt originally
				owed.
If any part of the sales price for which a credit was taken
				  is subsequently reported to the dealer, it must be included in such dealer's
				  next sales and use tax return.
The following example illustrates the operation of this
				  section.
Example: Dealer A repairs an item of property for a customer.
				  The total charge for such repair is $77.65, representing $50 in repair parts,
				  $25 in separately stated, nontaxable repair labor, and $2.65 in tax. A reports
				  the transaction and remits the tax thereon. After collecting $30, A determines
				  that the remainder of the debt is uncollectible. A may claim a credit
				  calculated as follows:
Allocation of Amount Previously Collected:
50 / 77.65 x $30
Amount to be Allocated to Repair Parts =
								$19.32
Amount of Sales Price for Computing Credit = $50.00
								- $19.32 = $30.68
Amount of Credit which may be claimed = $1.63 (5.3%
								x $30.68)
Since only the charge for the repair parts was previously
				  reported as a taxable sale, only the tax on that portion of the remaining
				  outstanding debt attributable to the charge for such parts may be taken as a
				  credit. If any portion of the $30.68 remaining sales price is subsequently
				  collected, such amount must be reported on the dealer's return for the period
				  in which collected.
C.
				Hampton Roads Region and Northern Virginia Region. The total rate of the state
				and local sales and use tax in localities that fall within these regions is
				6.0% (4.3% state, 0.7% regional, and 1.0% local). The provisions of this
				section apply to transactions sourced to the Hampton Roads Region and the
				Northern Virginia Region, mutatis mutandis. For definitions of the "Hampton
				Roads Region" and the "Northern Virginia Region" see
				23VAC10-210-2070.
Statutory Authority: § 58.1-203 of the Code of
					 Virginia.
Virginia Administrative Code › Title 23 - TAXATION › Agency 10 - DEPARTMENT OF TAXATION › Chapter 210 - RETAIL SALES AND USE TAX › Section 23VAC10-210-190 - Bookbinders and paper cutters

Current through Register Vol. 40, No. 24, July 15, 2024
Persons engaged in binding books are deemed to be
				  fabricating such articles and the total charge for the binding is subject to
				  the tax. Machinery and tools, fuel, power, energy, and supplies used directly
				  in the binding process may be purchased exempt from the tax. (See
				  23VAC10-210-920 for further
				  description of the manufacturing/processing exemption.)
However, charges for the following transactions constitute
				  charges for providing a service and are not subject to the tax:
1. Folding, when the customer provides the
				complete job to be folded;
2.
				Trimming and paper cutting, when the customer provides the complete job to be
				trimmed or cut; and
3. Application
				of stickers to paper envelopes, when the customer provides stickers and the
				items to which they are to be applied.
Items used in performing a service, such as paper cutters,
				  glue, and folding machines, do not qualify under the manufacturing/processing
				  exemption and are subject to the tax at the time of purchase.
Statutory Authority
§ 58.1-203 of the Code of Virginia.