A. Any corporate, partnership or limited liability officer who willfully fails to pay, collect or truthfully account for and pay over any tax administered by the Department of Taxation, or willfully attempts in any manner to evade or defeat any such tax or the payment thereof, shall, in addition to other penalties provided by law, be liable to a penalty of the amount of the tax evaded, or not paid, collected or accounted for and paid over, to be assessed and collected in the same manner as such taxes are assessed and collected.
B. The term "corporate, partnership or limited liability officer" as used in this section means an officer or employee of a corporation, or a member, manager or employee of a partnership or limited liability company, who as such officer, employee, member or manager is under a duty to perform on behalf of the corporation, partnership or limited liability company the act in respect of which the violation occurs and who (1) had knowledge of the failure or attempt as set forth herein and (2) had authority to prevent such failure or attempt.
Code 1950, § 58-44.1; 1972, c. 363; 1984, c. 675; 1994, c. 800; 1998, c. 432.
Structure Code of Virginia
Chapter 18 - Enforcement, Collection, Refund, Remedies and Review of State Taxes
§ 58.1-1800. Local treasurer to receive state taxes; list of delinquent taxes
§ 58.1-1802. When delinquent state taxes charged off; notification and record of charge-off
§ 58.1-1802.1. Period of limitations on collection; accrual of interest and penalty
§ 58.1-1802.2. Delinquent returns; enforcement; when approval required
§ 58.1-1804. Collection out of estate in hands of or debts due by third party
§ 58.1-1805. Memorandum of lien for collection of taxes; release of lien
§ 58.1-1806. Additional proceedings for the collection of taxes; jurisdiction and venue
§ 58.1-1807. Judgment or decree; effect thereof; enforcement
§ 58.1-1808. Collection in foreign jurisdiction
§ 58.1-1812. Assessment of omitted taxes by the Department of Taxation
§ 58.1-1814. Criminal liability for failure to file returns or keep records
§ 58.1-1815. Willful failure to collect and account for tax
§ 58.1-1816. Conversion of trust taxes; penalty; limitation of prosecutions
§ 58.1-1817. Installment agreements for the payment of taxes
§ 58.1-1817.1. Waiver of tax penalties for small businesses
§ 58.1-1818. Taxpayer problem resolution program; taxpayer assistance orders
§ 58.1-1821. Application to Tax Commissioner for correction
§ 58.1-1822. Action of Tax Commissioner on application for correction
§ 58.1-1824. Protective claim for refund
§ 58.1-1827. Correction of double assessments
§ 58.1-1829. Costs in proceedings under §§ 58.1-1825 through 58.1-1828
§ 58.1-1831. No injunctions against assessment or collection of taxes
§ 58.1-1832. Chapter includes taxes, levies, penalties and interest
§ 58.1-1833. Interest on overpayments or improper collection
§ 58.1-1834. Taxpayer meetings; representation; recording meetings