A. Any officer or owner of any pass-through entity who makes a fraudulent return or statement with the intent of assisting or facilitating the evasion of the payment of the taxes prescribed by this chapter by the pass-through entity or an owner shall be liable for a penalty of not more than $1,000, to be assessed and collected in the manner provided for the assessment and collection of taxes under this chapter or in a civil action, at the instance of the Department.
B. In addition to other penalties provided by law, any officer or owner of a pass-through entity who makes a fraudulent return or statement with the intent of assisting or facilitating the evasion of the payment of the taxes prescribed by this chapter by the pass-through entity or an owner, or who willfully fails or refuses to make a return required by this chapter at the time or times required by law shall be guilty of a Class 1 misdemeanor. A prosecution under this section shall be commenced within five years next after the commission of the offense.
2004, Sp. Sess. I, c. 3.
Structure Code of Virginia
§ 58.1-300. Incomes not subject to local taxation
§ 58.1-301. Conformity to Internal Revenue Code
§ 58.1-303. Residency for portion of tax year
§ 58.1-305. Duties of commissioner of the revenue relating to income tax
§ 58.1-306. Filing of individual, estate or trust income tax returns with the Department
§ 58.1-307. Disposition of returns; handling of state income tax payments; audit
§ 58.1-308. Assessment and payment of deficiency; fraud; penalties
§ 58.1-309. Refund of overpayment
§ 58.1-310. Examination of federal returns
§ 58.1-311. Report of change in federal taxable income
§ 58.1-311.1. Report of change in taxes paid to other states
§ 58.1-311.2. Final determination date
§ 58.1-312. Limitations on assessment
§ 58.1-314. Lien of jeopardy assessment; notice of lien
§ 58.1-315. Transitional modifications to Virginia taxable income
§ 58.1-316. Information reporting on rental payments to nonresident payees; penalties
§ 58.1-317. Filing of estimated tax by nonresidents upon the sale of real property; penalties
§ 58.1-318. Investments eligible for tax credits
§ 58.1-319. Unclaimed tax credits; report
§ 58.1-321. Exemptions and exclusions
§ 58.1-322. Virginia taxable income of residents
§ 58.1-322.01. Virginia taxable income; additions
§ 58.1-322.03. (Contingent expiration date - See Editor's note) Virginia taxable income; deductions
§ 58.1-322.04. Virginia taxable income; additional modifications
§ 58.1-324. Married individuals
§ 58.1-326. Married individuals when one nonresident
§ 58.1-332. Credits for taxes paid other states
§ 58.1-332.1. Credit for taxes paid to a foreign country on retirement income
§ 58.1-334. Tax credit for purchase of conservation tillage equipment
§ 58.1-337. Tax credit for purchase of conservation tillage and precision agriculture equipment
§ 58.1-339.2. Historic rehabilitation tax credit
§ 58.1-339.3. Agricultural best management practices tax credit
§ 58.1-339.4. Qualified equity and subordinated debt investments tax credit
§ 58.1-339.6. Political candidate contribution tax credit
§ 58.1-339.7. Livable Home Tax Credit
§ 58.1-339.8. Income tax credit for low-income taxpayers
§ 58.1-339.10. Riparian forest buffer protection for waterways tax credit
§ 58.1-339.12. Farm wineries and vineyards tax credit
§ 58.1-341. Returns of individuals
§ 58.1-341.1. Returns of individuals; required information
§ 58.1-341.2. Returns of individuals; notification of tax return data breach
§ 58.1-342. Special cases in which nonresident need not file Virginia return
§ 58.1-344. Extension of time for filing returns
§ 58.1-344.1. Postponement of time for performing certain acts
§ 58.1-344.2. Voluntary contributions; cost of administration
§ 58.1-344.3. Voluntary contributions of refunds requirements
§ 58.1-344.4. Voluntary contributions of refunds into Virginia College Savings Plan accounts
§ 58.1-347. Penalty for failure to file income tax returns in time
§ 58.1-348.1. Fraudulent assistance; penalty
§ 58.1-348.2. Authority to enjoin income tax return preparers
§ 58.1-348.3. Requirement that income tax return preparers use identification numbers
§ 58.1-348.4. Failure to provide identification number; civil penalty
§ 58.1-349. Information returns prima facie evidence
§ 58.1-350. Procuring returns from delinquent individuals or fiduciaries
§ 58.1-351. When, where and how individual income taxes payable and collectible
§ 58.1-352. Memorandum assessments
§ 58.1-353. Duties of county and city treasurer in collecting tax
§ 58.1-354. Separate individual income assessment sheets or forms; how kept
§ 58.1-355. Income taxes of members of armed services on death
§ 58.1-356. Reporting of payments by third-party settlement organizations
§ 58.1-361. Virginia taxable income of a resident estate or trust
§ 58.1-362. Virginia taxable income of a nonresident estate or trust
§ 58.1-363. Share of a nonresident estate, trust, or beneficiary in income from Virginia sources
§ 58.1-370. Credit to trust beneficiary receiving accumulation distribution
§ 58.1-371. Credits for taxes paid other states
§ 58.1-381. Returns of estates and trusts
§ 58.1-383. Extension of time for filing returns
§ 58.1-390.2. Taxation of pass-through entities
§ 58.1-390.3. Elective income tax on pass-through entities
§ 58.1-391. Virginia taxable income of owners of a pass-through entity
§ 58.1-392. Reports by pass-through entities
§ 58.1-393.1. Extension of time for filing return by pass-through entity
§ 58.1-394.1. Failure of pass-through entity to make a return
§ 58.1-394.2. Fraudulent returns, etc., of pass-through entities; penalty
§ 58.1-394.3. Pass-through entity items
§ 58.1-395. Nonresident owners
§ 58.1-397. Reporting requirement; administrative adjustment requests
§ 58.1-398. State partnership representative
§ 58.1-399.1. Elective payment by a partnership
§ 58.1-399.3. Alternative reporting and payment method
§ 58.1-399.4. Effect of election
§ 58.1-399.6. De minimis exception
§ 58.1-400.1. Minimum tax on telecommunications companies
§ 58.1-400.3. Minimum tax on certain electric suppliers
§ 58.1-400.4. Minimum tax on home service contract providers
§ 58.1-401. Exemptions and exclusions
§ 58.1-402. Virginia taxable income
§ 58.1-403. Additional modifications to determine Virginia taxable income for certain corporations
§ 58.1-405. Corporations transacting or conducting entire business within this Commonwealth
§ 58.1-406. Allocation and apportionment of income
§ 58.1-407. How dividends allocated
§ 58.1-408. What income apportioned and how
§ 58.1-410. Valuation of property owned or rented
§ 58.1-411. Average value of property
§ 58.1-413. When compensation deemed paid or accrued in this Commonwealth
§ 58.1-415. When sales of tangible personal property deemed in the Commonwealth
§ 58.1-416. When certain other sales deemed in the Commonwealth
§ 58.1-417. Motor carriers; apportionment
§ 58.1-418. Financial corporations; apportionment
§ 58.1-419. Construction corporations; apportionment
§ 58.1-420. Railway companies; apportionment
§ 58.1-421. Alternative method of allocation
§ 58.1-422. Manufacturing companies; apportionment
§ 58.1-422.1. Retail companies; apportionment
§ 58.1-422.2. Apportionment; taxpayers with enterprise data center operations
§ 58.1-422.3. Debt buyers; apportionment
§ 58.1-422.4. Property information and analytics firms
§ 58.1-423. Income tax paid by commercial spaceflight entities
§ 58.1-432. Tax credit for purchase of conservation tillage equipment
§ 58.1-433.1. Virginia Coal Employment and Production Incentive Tax Credit
§ 58.1-439. Major business facility job tax credit
§ 58.1-439.2. Coalfield employment enhancement tax credit
§ 58.1-439.4. Day-care facility investment tax credit
§ 58.1-439.5. Agricultural best management practices tax credit
§ 58.1-439.6. Worker retraining tax credit
§ 58.1-439.6:1. Worker training tax credit
§ 58.1-439.10. Tax credit for purchase of waste motor oil burning equipment
§ 58.1-439.12. Riparian forest buffer protection for waterways tax credit
§ 58.1-439.12:01. Credit for cigarettes manufactured and exported
§ 58.1-439.12:02. Biodiesel and green diesel fuels producers tax credit
§ 58.1-439.12:03. Motion picture production tax credit
§ 58.1-439.12:04. Tax credit for participating landlords
§ 58.1-439.12:05. Green job creation tax credit
§ 58.1-439.12:06. International trade facility tax credit
§ 58.1-439.12:07. Telework expenses tax credit
§ 58.1-439.12:08. Research and development expenses tax credit
§ 58.1-439.12:09. Barge and rail usage tax credit
§ 58.1-439.12:10. Virginia port volume increase tax credit
§ 58.1-439.12:11. Major research and development expenses tax credit
§ 58.1-439.12:12. Food crop donation tax credit
§ 58.1-439.17. Grants in lieu of or in addition to tax credits
§ 58.1-439.19. Public policy; business firms; donations
§ 58.1-439.20. Proposals to the State Board of Social Services; regulations; tax credits authorized
§ 58.1-439.20:1. Proposals to the Department of Education; guidelines; tax credits authorized
§ 58.1-439.21. Tax credit; amount; limitation; carry over
§ 58.1-439.22. Donations of professional services
§ 58.1-439.23. Donations of contracting services
§ 58.1-439.24. Donations by individuals
§ 58.1-439.25. (Applicable to taxable years beginning before January 1, 2024) Definitions
§ 58.1-439.25. (Applicable to taxable years beginning January 1, 2024) Definitions
§ 58.1-439.26. Tax credit for donations to certain scholarship foundations
§ 58.1-439.30. (Effective until date pursuant to Va. Const., Art. IV, § 13) Tax credit
§ 58.1-440.1. Accounting-deferred taxes
§ 58.1-441. Reports by corporations
§ 58.1-442. Separate, combined, or consolidated returns of affiliated corporations
§ 58.1-443. Prohibition of worldwide consolidation or combination
§ 58.1-444. Several liability of affiliated corporations
§ 58.1-445. Consolidation of accounts
§ 58.1-446. Price manipulation; intercorporate transactions; parent corporations and subsidiaries
§ 58.1-447. Execution of returns of corporations
§ 58.1-448. Forms to be furnished
§ 58.1-449. Supplemental reports
§ 58.1-450. Failure of corporation to make report or return
§ 58.1-451. Fraudulent returns, etc., of corporations; penalty
§ 58.1-452. Fraudulent returns; criminal liability; penalty
§ 58.1-453. Extension of time for filing returns by corporations
§ 58.1-454. Department may estimate corporation's tax when no return filed
§ 58.1-455. Time of payment of corporation income taxes; penalty and interest for nonpayment
§ 58.1-461. Requirement of withholding
§ 58.1-462. Withholding tables
§ 58.1-463. Other methods of withholding
§ 58.1-465. Overlapping pay periods, and payment by agent or fiduciary
§ 58.1-466. Additional withholding
§ 58.1-467. Failure of employer to withhold tax; payment by recipient of wages
§ 58.1-468. Failure of employer to pay over tax withheld
§ 58.1-469. Included and excluded wages
§ 58.1-470. Withholding exemption certificates
§ 58.1-471. Fraudulent withholding exemption certificate or failure to supply information
§ 58.1-472. Employer's returns and payments of withheld taxes
§ 58.1-473. Jeopardy assessments
§ 58.1-474. Liability of employer for failure to withhold
§ 58.1-475. Penalty for failure to withhold
§ 58.1-476. Continuation of employer liability until notice
§ 58.1-478.1. Information furnished to the Department of Taxation
§ 58.1-479. Refund to employer; time limitation; procedure
§ 58.1-481. Withheld taxes not deductible in computing taxable income
§ 58.1-482. Certain nonresidents; reciprocity with other states
§ 58.1-483. Withholding state income taxes of federal employees by federal agencies
§ 58.1-484. Liability of employer for payment of tax required to be withheld
§ 58.1-485.1. False claims of employment status; penalty
§ 58.1-486.2. Withholding tax on Virginia source income of nonresident owners
§ 58.1-490. Declarations of estimated tax
§ 58.1-491. Payments of estimated tax
§ 58.1-491.1. Payments estimated by certain members of the armed services
§ 58.1-492. Failure by individual, trust or estate to pay estimated tax
§ 58.1-493. Declarations of estimated tax to be filed with commissioner of revenue of county or city
§ 58.1-494. Sheets or forms for recording declarations of estimated tax; recording
§ 58.1-497. Section 58.1-306 applicable to declaration of estimated tax
§ 58.1-500. Declarations of estimated income tax required; contents, etc.
§ 58.1-501. Time for filing declarations of estimated income tax
§ 58.1-502. Installment payment of estimated income tax
§ 58.1-503. Where declarations filed and how payments made; crediting or refunding overpayments
§ 58.1-504. Failure to pay estimated income tax
§ 58.1-512. Land preservation tax credits for individuals and corporations
§ 58.1-512.1. Determination of fair market value of donation
§ 58.1-513. Limitations; transfer of credit; gain or loss from tax credit
§ 58.1-520. (Contingent expiration) Definitions
§ 58.1-520. (Contingent effective date) Definitions
§ 58.1-520.1. Recovery of administrative costs
§ 58.1-521. Remedy additional; mandatory usage; obtaining identifying information
§ 58.1-522. Participation in setoff program not permitted in certain instances
§ 58.1-523. Department to aid in collection of sums due claimant agencies through setoff
§ 58.1-524. Notification of Department by claimant agency; action of Department
§ 58.1-525. Notification of intention to set off and right to hearing
§ 58.1-527. Appeals from hearings
§ 58.1-528. Certification of debt by claimant agency; finalization of setoff
§ 58.1-529. Notice of final setoff
§ 58.1-530. (Contingent expiration -- see Editor's note) Priorities in claims to be setoff
§ 58.1-530. (Contingent effective date -- see Editor's note) Priorities in claims to be setoff
§ 58.1-531. Disposition of proceeds collected; Department's annual statement of costs
§ 58.1-531.1. Errors in setoff program
§ 58.1-532. Accounting to claimant agency; confidentiality; credit to debtor's obligation
§ 58.1-533. Confidentiality exemption; use of information obtained
§ 58.1-534. Rules and regulations