§ 5861. Returns by individuals, trusts, and estates
(a) Every individual, trust, or estate subject to taxation for any taxable year under section 5822 of this title shall file a Vermont personal income tax return for that taxable year if that person is required to file a United States income tax return for that year and (1) earned or received more than $100.00 of Vermont income, or (2) earned or received more than $1,000.00 in gross income from the sources listed in subdivisions 5823(b)(1) through (6) of this title, whether or not a resident, in that year, or has a tax liability under this chapter for that year.
(b) The return required to be filed under this section shall be filed on or before the date a United States income tax return is originally required to be filed by the individual, trust, or estate under the laws of the United States for the taxable year or the date as extended by the Commissioner under section 5868 of this title.
(c) Spouses or a surviving spouse may file a joint Vermont personal income tax return for any taxable year for which the spouses or surviving spouse are permitted to file a joint federal income tax return under the laws of the United States.
(d) If a joint Vermont personal income tax return is filed by spouses or by a surviving spouse for any taxable year, the tax under this chapter shall be measured by the joint federal income tax liability of the taxpayers for that taxable year and their liability with respect to the tax under this chapter shall be joint and several.
(e) The Commissioner may require information on a Vermont personal income tax return that is sufficient to identify the school district, as defined in 16 V.S.A. § 11(a)(10), in which the taxpayer resides. The Commissioner may consider a return incomplete if the information required under this subsection is not provided and shall cause the return to be completed.
(f) [Repealed.]
(g) [Repealed.] (Added 1966, No. 61 (Sp. Sess.), § 1, eff. Jan. 1, 1966; amended 1967, No. 121, § 13, eff. Jan. 1, 1968; 1981, No. 170 (Adj. Sess.), § 5, eff. April 19, 1982; 1987, No. 82, § 3, eff. June 9, 1987; 1993, No. 49, §§ 13, 14, eff. May 28, 1993; 1995, No. 47, § 20, eff. April 20, 1995; 1999, No. 49, § 56, eff. June 2, 1999; 2007, No. 33, § 2, eff. May 18, 2007; 2021, No. 105 (Adj. Sess.), § 538, eff. July 1, 2022.)
Structure Vermont Statutes
Title 32 - Taxation and Finance
§ 5812. Income taxation of parties to a civil union
§ 5819. Inconsistent provisions
§ 5822. Tax on income of individuals, estates, and trusts
§ 5823. Vermont income of individuals, estates, and trusts
§ 5824. Adoption of federal income tax laws
§ 5825. Credit for taxes paid to other states and provinces
§ 5825a. Credit for Vermont Higher Education Investment Plan contributions
§ 5828. Mobile home park sale; capital gain credit
§ 5828b. Earned income tax credit
§ 5828c. Child and dependent care credit
§ 5830b. Tax credits; Entrepreneurs’ Seed Capital Fund
§ 5830c. Tax credits; charitable investments in housing
§ 5830d. Deferral of income taxation; combat zone duty
§ 5830e. Retirement income; Social Security income
§ 5830f. Vermont child tax credit
§ 5832. Tax on income of corporations
§ 5832a. Digital business entity franchise tax
§ 5833. Allocation and apportionment of income
§ 5834. Computation of gains and losses
§ 5835. Construction of subchapter
§ 5836. Franchise tax on financial institutions
§ 5838. Digital business entity election
§ 5841. Requirement and rate of withholding
§ 5842. Return and payment of withheld taxes
§ 5843. Failure to account; maintenance of trust account
§ 5844. Liability; penalty; trust for the State
§ 5847. Withholding on sales or exchanges of real estate
§ 5852. Payment of estimated income tax
§ 5855. Payments as tax liability
§ 5856. Declaration of estimated tax
§ 5859. Assessment date, penalties, interest
§ 5861. Returns by individuals, trusts, and estates
§ 5861a. Returns by partnerships
§ 5862. Returns by corporations
§ 5862a. Nongame Wildlife Account checkoff
§ 5862b. Vermont Children’s Trust Foundation checkoff
§ 5862d. Filing of federal form 1099
§ 5862e. Vermont Veterans’ Fund checkoff
§ 5862f. Vermont Green Up checkoff
§ 5864. Failure to file a return; petition and computation of tax
§ 5866. Supplemental information; changes in federal tax liability or taxable income
§ 5867. Form and verification of returns
§ 5868. Extension of time for filing of returns
§ 5870. Reporting use tax on individual income tax returns
§ 5871. Payments by individuals, trusts, and estates
§ 5872. Payment by corporations
§ 5873. Extension of time for payment
§ 5882. Time limitation on notices of deficiency and assessment of penalty and interest
§ 5883. Determination of deficiency, refund, or assessment
§ 5884. Refunds; petitions for refunds
§ 5885. Procedure for hearings by Commissioner; appeals
§ 5886. Payment and collection of deficiencies and assessments; jeopardy notices
§ 5887. Remedy exclusive; determination final
§ 5888. Determination of taxable income and income tax liability under the laws of the United States
§ 5891. Tax a debt to the State
§ 5892. Action to collect taxes; limitations
§ 5894. Liability for failure or delinquency
§ 5895. Tax liability as property lien
§ 5901. Consent to use or disclosure of information
§ 5902. Persons preparing returns
§ 5910. Definitions; federal conformity
§ 5911. Taxation of an S corporation and its shareholders
§ 5914. Returns and mandatory payments
§ 5920. Returns and mandatory payments
§ 5922. Financial services development tax credit
§ 5930u. Tax credit for affordable housing
§ 5930bb. Eligibility and administration
§ 5930cc. Downtown and Village Center Program tax credits
§ 5930dd. Claims; availability
§ 5930ii. Research and development tax credit
§ 5930nn. Recently deployed veteran tax credit
§ 5933. Collection of debts through setoff
§ 5937. Priorities in claims to setoff
§ 5938. Collection assistance fees
§ 5939. Confidentiality exemption; nondisclosure
§ 5941. Procedure for setoff of court judgments
§ 5942. Offset for taxes owed in another state; reciprocity