Any person who has paid an assessment of taxes administered by the Department of Taxation may preserve his judicial remedies by filing a claim for refund with the Tax Commissioner on forms prescribed by the Department within three years of the date such tax was assessed. Such taxpayer may, at any time before the end of one year after the date of the Tax Commissioner's decision on such claim, seek redress from the circuit court under § 58.1-1825. The Tax Commissioner may decide such claim on the merits in the manner provided in § 58.1-1822 for appeals under § 58.1-1821, or may, in his discretion, hold such claim without decision pending the conclusion of litigation affecting such claim. The fact that such claim is pending shall not be a bar to any other action under this chapter.
Code 1950, § 58-1119.1; 1980, c. 633; 1984, c. 675.
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