Document Number
89-165
Tax Type
Corporation Income Tax
Description
Consolidated return
Topic
Returns/Payments/Records
Date Issued
05-22-1989
May 22, 1989


Re: Virginia Code §58.1-442
Permission to File a Consolidated Return


Dear**************

This is in reply to your letter dated February 2, 1989, requesting permission for the above-referenced taxpayers to file a consolidated income tax return for the taxable period August 4, 1988 through December 31, 1988 and taxable years thereafter.
FACTS

On November 4, 1986, Subsidiary 1 purchased 100% of the issued and outstanding stock of Subsidiary 2 and elected to begin filing consolidated Virginia corporate income tax returns. Both corporations met all of the criteria set forth under Virginia Code §58.1-442 and Virginia Regulation (VR) 630-3-442 to file a consolidated Virginia corporate income tax return. Effective August 4, 1988, Parent acquired the controlling interest in Subsidiary 1. Parent owns 100% of Subsidiary 1, which owns 100% of Subsidiary 2. Both Subsidiary 1 and Subsidiary 2 are included in the affiliated group of corporations included in Parent's consolidated federal income tax return.

You are requesting permission for Parent to file a consolidated income tax return for itself and Subsidiary 1 and Subsidiary 2.
DETERMINATION

Virginia Code §58.1-442 authorizes the filing of a consolidated or a combined return for affiliated corporations subject to Virginia income tax. A group of affiliated corporations may not file a consolidated or combined return unless each corporation is itself subject to Virginia income tax and each meets certain criteria. VR 630-3-302 and VR 630-3-442 (copies enclosed). Based upon the facts as presented, the Parent is not subject to Virginia income tax; therefore, permission to join in the filing of a consolidated Virginia income tax return with its subsidiaries is denied.

Subsidiary 1 and Subsidiary 2 may continue to file consolidated Virginia income tax returns under the name and FEIN of the designated lead affiliate.


Sincerely,



W. H. Forst
Tax Commissioner

Rulings of the Tax Commissioner

Last Updated 08/25/2014 16:46