The Virginia General Assembly recently enacted Item 3-5.17 of House Bill 1500, House Bill 2246 and Senate Bill 1438 (2017 Acts of Assembly, Chapters _, 53 and _), which authorize the Tax Commissioner to oversee the Virginia Tax Amnesty Program.
Under the legislation, the Virginia Tax Amnesty Program will be administered by the Department of Taxation for a period ranging between 60 and 75 days during Fiscal Year 2018. All penalties and 50 percent of the interest will be waived upon payment of the taxpayer's remaining balance. At the conclusion of the amnesty period, any remaining amnesty-qualified liabilities will be assessed an additional 20 percent penalty.
With certain exceptions, any taxpayer who currently has an outstanding assessment, or has not filed a return for any tax administered by the Department, may apply for amnesty. The following taxpayers would not be eligible to participate in the tax amnesty program:
- Any taxpayer currently under investigation or prosecution for filing a fraudulent return or failing to file a return with the intent to evade tax;
- Any taxpayer with an assessment date or due date for an unfiled return less than 90 days prior to the first day of the amnesty program;
- Any taxpayer with an individual, fiduciary or corporate income tax liability for Taxable Year 2016 or after; and
- Any taxpayer with respect to a tax liability attributable to an issue that is the subject of a decision of a Virginia court rendered on or after January 1, 2016.
The Department is in the process of developing guidelines for the procedures regarding participation in the Virginia Tax Amnesty Program. To increase government transparency and facilitate the guideline development process, the Department is soliciting comments regarding the development of these guidelines. If you have any comments or if you would like to be included on our list of interested parties to receive a draft of the Amnesty Guidelines, please e-mail TAX-Guidelines@tax.virginia.gov by April 10, 2017. Prior to the beginning of the Virginia Tax Amnesty Program, a draft of the guidelines will be posted on this webpage for comment.