The Tax Commissioner shall abate any portion of any tax, interest, and penalty attributable to erroneous advice furnished to the taxpayer in writing by an employee of the Department acting in his official capacity if:
1. The written advice was reasonably relied upon by the taxpayer and was in response to a specific written request by the taxpayer;
2. The portion of the penalty or tax did not result from a failure by the taxpayer to provide adequate or accurate information; and
3. The facts of the case described in the written advice and the request therefor are the same, and the taxpayer's business or personal operations have not changed since the advice was rendered.
1996, c. 634.
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