{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/58.1-1408.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/58.1-1408.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/58.1-1408.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/58.1-1408.html"}],"law_id":76879,"edition_id":1,"section_id":76879,"structure_id":15296,"section_number":"58.1-1408","catch_line":"Civil penalties and interest","history":"Code 1950, \u00a7\u00a7 58-685.42, 58-685.44; 1981, c. 405; 1984, c. 675; 1991, cc. 316, 331.","full_text":"When any person fails to make any return or pay the full amount of tax required by \u00a7 58.1-1402 within thirty days of the required filing and payment date, there shall be imposed, in addition to other penalties provided herein, a penalty to be added to the tax in the amount of six percent of the unpaid tax. An additional six percent of the tax due shall be charged for each additional thirty-day period, or fraction thereof, after sixty days, during which the failure to make any return or pay the full amount of tax continues. Such additional penalty shall not exceed thirty percent in the aggregate.\n\t\tIf any such failure is due to providential or other good cause, shown to the satisfaction of the Commissioner, the return, with remittance, shall be accepted exclusive of such penalties, but with interest determined in accordance with \u00a7 58.1-15.\n\t\tIn the case of a false or fraudulent return, where willful intent exists to defraud the Commonwealth of any tax due under this chapter, or in the case of willful failure to file a return with the intent to defraud the Commonwealth of any such tax, a penalty of fifty percent of the amount of the proper tax shall be assessed. It shall be prima facie evidence of intent to defraud the Commonwealth of any tax due under this chapter when any purchaser or user of a watercraft reports the sale price or current market value of his watercraft, as the case may be, at fifty percent or less of the actual amount. It shall also be prima facie evidence of intent to defraud the Commonwealth of any tax due under this chapter when any dealer reports the gross receipts collected from the lease, charter or other use of watercraft at fifty percent or less of the actual amount received for such lease, charter or use.\n\t\tAll penalties and interest imposed by this chapter shall be payable by the purchaser or user of the watercraft and collectible by the Commissioner in the same manner as if they were a part of the tax imposed.\n\t\tInterest, at a rate determined in accordance with \u00a7 58.1-15, on the unpaid amount of the tax from the day after the last day for timely filing and payment of the tax shall accrue until the same is paid.","order_by":null,"text":{"0":{"id":275970,"text":"When any person fails to make any return or pay the full amount of tax required by \u00a7 58.1-1402 within thirty days of the required filing and payment date, there shall be imposed, in addition to other penalties provided herein, a penalty to be added to the tax in the amount of six percent of the unpaid tax. An additional six percent of the tax due shall be charged for each additional thirty-day period, or fraction thereof, after sixty days, during which the failure to make any return or pay the full amount of tax continues. Such additional penalty shall not exceed thirty percent in the aggregate.\n\t\tIf any such failure is due to providential or other good cause, shown to the satisfaction of the Commissioner, the return, with remittance, shall be accepted exclusive of such penalties, but with interest determined in accordance with \u00a7 58.1-15.\n\t\tIn the case of a false or fraudulent return, where willful intent exists to defraud the Commonwealth of any tax due under this chapter, or in the case of willful failure to file a return with the intent to defraud the Commonwealth of any such tax, a penalty of fifty percent of the amount of the proper tax shall be assessed. It shall be prima facie evidence of intent to defraud the Commonwealth of any tax due under this chapter when any purchaser or user of a watercraft reports the sale price or current market value of his watercraft, as the case may be, at fifty percent or less of the actual amount. It shall also be prima facie evidence of intent to defraud the Commonwealth of any tax due under this chapter when any dealer reports the gross receipts collected from the lease, charter or other use of watercraft at fifty percent or less of the actual amount received for such lease, charter or use.\n\t\tAll penalties and interest imposed by this chapter shall be payable by the purchaser or user of the watercraft and collectible by the Commissioner in the same manner as if they were a part of the tax imposed.\n\t\tInterest, at a rate determined in accordance with \u00a7 58.1-15, on the unpaid amount of the tax from the day after the last day for timely filing and payment of the tax shall accrue until the same is paid.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15296,"edition_id":1,"name":"Virginia Watercraft Sales and Use Tax","identifier":"14","label":"chapter","depth":3,"order_by":1,"parent_id":12837,"metadata":{},"date_created":"2026-06-26 03:53:43","date_modified":"2026-06-26 03:53:43","permalink":{"id":252527,"object_type":"structure","relational_id":15296,"identifier":"14","token":"58.1\/I\/14","url":"\/58.1\/I\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12837,"edition_id":1,"name":"Taxes Administered by the Department of Taxation","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12703,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":252075,"object_type":"structure","relational_id":12837,"identifier":"I","token":"58.1\/I","url":"\/58.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12703,"edition_id":1,"name":"Taxation","identifier":"58.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":251959,"object_type":"structure","relational_id":12703,"identifier":"58.1","token":"58.1","url":"\/58.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69754,"structure_id":15296,"section_number":"58.1-1400","catch_line":"Title","url":"\/58.1-1400\/","token":"58.1\/I\/14\/58.1-1400","metadata":false},{"id":58235,"structure_id":15296,"section_number":"58.1-1401","catch_line":"Definitions","url":"\/58.1-1401\/","token":"58.1\/I\/14\/58.1-1401","metadata":false},{"id":62307,"structure_id":15296,"section_number":"58.1-1401.1","catch_line":"When motor deemed a watercraft","url":"\/58.1-1401.1\/","token":"58.1\/I\/14\/58.1-1401.1","metadata":false},{"id":86634,"structure_id":15296,"section_number":"58.1-1402","catch_line":"Tax levied","url":"\/58.1-1402\/","token":"58.1\/I\/14\/58.1-1402","metadata":false},{"id":86799,"structure_id":15296,"section_number":"58.1-1403","catch_line":"Basis of tax; estimate of tax; penalty for misrepresentation","url":"\/58.1-1403\/","token":"58.1\/I\/14\/58.1-1403","metadata":false},{"id":77970,"structure_id":15296,"section_number":"58.1-1404","catch_line":"Exemptions","url":"\/58.1-1404\/","token":"58.1\/I\/14\/58.1-1404","metadata":false},{"id":86570,"structure_id":15296,"section_number":"58.1-1405","catch_line":"Time for payment of tax","url":"\/58.1-1405\/","token":"58.1\/I\/14\/58.1-1405","metadata":false},{"id":75272,"structure_id":15296,"section_number":"58.1-1406","catch_line":"Dealers' certificates of registration","url":"\/58.1-1406\/","token":"58.1\/I\/14\/58.1-1406","metadata":false},{"id":83789,"structure_id":15296,"section_number":"58.1-1407","catch_line":"Retention of documents","url":"\/58.1-1407\/","token":"58.1\/I\/14\/58.1-1407","metadata":false},{"id":76879,"structure_id":15296,"section_number":"58.1-1408","catch_line":"Civil penalties and interest","url":"\/58.1-1408\/","token":"58.1\/I\/14\/58.1-1408","metadata":false},{"id":65740,"structure_id":15296,"section_number":"58.1-1409","catch_line":"Credit against tax","url":"\/58.1-1409\/","token":"58.1\/I\/14\/58.1-1409","metadata":false},{"id":64640,"structure_id":15296,"section_number":"58.1-1410","catch_line":"Disposition of funds","url":"\/58.1-1410\/","token":"58.1\/I\/14\/58.1-1410","metadata":false}],"previous_section":{"id":83789,"structure_id":15296,"section_number":"58.1-1407","catch_line":"Retention of documents","url":"\/58.1-1407\/","token":"58.1\/I\/14\/58.1-1407","metadata":false},"next_section":{"id":65740,"structure_id":15296,"section_number":"58.1-1409","catch_line":"Credit against tax","url":"\/58.1-1409\/","token":"58.1\/I\/14\/58.1-1409","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/58.1-1408\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1981, chapter 405; in 1984, chapter 675; in 1991, chapters 316 and 331.<\/p>","references":false,"refers_to":[{"id":86634,"section_number":"58.1-1402","catch_line":"Tax levied","order_by":null,"url":"\/58.1-1402\/"},{"id":77006,"section_number":"58.1-15","catch_line":"Rate of interest","order_by":null,"url":"\/58.1-15\/"}],"permalink":{"id":252565,"object_type":"law","relational_id":76879,"identifier":"58.1-1408","token":"58.1\/I\/14\/58.1-1408","url":"\/58.1-1408\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/58.1-1408\/","token":"58.1\/I\/14\/58.1-1408","dublin_core":{"Title":"Civil penalties and interest","Type":"Text","Format":"text\/html","Identifier":"\u00a7 58.1-1408","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

When any person fails to make any return or pay the full amount of tax required by \u00a7 58.1-1402<\/a> within thirty days of the required filing and payment date, there shall be imposed, in addition to other penalties provided herein, a penalty<\/span> to be added to the tax in the amount of six percent of the unpaid tax. An additional six percent of the tax due shall be charged for each additional thirty-day period, or fraction thereof, after sixty days, during which the failure to make any return or pay the full amount of tax continues. Such additional penalty<\/span> shall not exceed thirty percent in the aggregate.\n\t\tIf any such failure is due to providential or other good cause, shown to the satisfaction of the Commissioner, the return, with remittance, shall be accepted exclusive of such penalties, but with interest determined in accordance with \u00a7 58.1-15<\/a>.\n\t\tIn the case of a false or fraudulent return, where willful intent<\/span> exists to defraud the Commonwealth of any tax due under this chapter, or in the case of willful failure to file a return with the intent<\/span> to defraud the Commonwealth of any such tax, a penalty<\/span> of fifty percent of the amount of the proper tax shall be assessed. It shall be prima facie evidence<\/span> of intent<\/span> to defraud the Commonwealth of any tax due under this chapter when any purchaser or user of a watercraft<\/span> reports the sale price<\/span> or current market value of his watercraft<\/span>, as the case may be, at fifty percent or less of the actual amount. It shall also be prima facie evidence<\/span> of intent<\/span> to defraud the Commonwealth of any tax due under this chapter when any dealer<\/span> reports the gross receipts<\/span> collected from the lease, charter or other use of watercraft<\/span> at fifty percent or less of the actual amount received for such lease, charter or use.\n\t\tAll penalties and interest imposed by this chapter shall be payable by the purchaser or user of the watercraft<\/span> and collectible by the Commissioner in the same manner as if they were a part of the tax imposed.\n\t\tInterest, at a rate determined in accordance with \u00a7 58.1-15<\/a>, on the unpaid amount of the tax from the day after the last day for timely filing and payment of the tax shall accrue until the same is paid.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCIVIL PENALTIES AND INTEREST (\u00a7 58.1-1408)\n\nWhen any person fails to make any return or pay the full amount of tax required\nby \u00a7 58.1-1402 within thirty days of the required filing and payment date,\nthere shall be imposed, in addition to other penalties provided herein, a\npenalty to be added to the tax in the amount of six percent of the unpaid tax.\nAn additional six percent of the tax due shall be charged for each additional\nthirty-day period, or fraction thereof, after sixty days, during which the\nfailure to make any return or pay the full amount of tax continues. Such\nadditional penalty shall not exceed thirty percent in the aggregate.\n\t\tIf any such failure is due to providential or other good cause, shown to the\nsatisfaction of the Commissioner, the return, with remittance, shall be accepted\nexclusive of such penalties, but with interest determined in accordance with \u00a7\n58.1-15.\n\t\tIn the case of a false or fraudulent return, where willful intent exists to\ndefraud the Commonwealth of any tax due under this chapter, or in the case of\nwillful failure to file a return with the intent to defraud the Commonwealth of\nany such tax, a penalty of fifty percent of the amount of the proper tax shall\nbe assessed. It shall be prima facie evidence of intent to defraud the\nCommonwealth of any tax due under this chapter when any purchaser or user of a\nwatercraft reports the sale price or current market value of his watercraft, as\nthe case may be, at fifty percent or less of the actual amount. It shall also be\nprima facie evidence of intent to defraud the Commonwealth of any tax due under\nthis chapter when any dealer reports the gross receipts collected from the\nlease, charter or other use of watercraft at fifty percent or less of the actual\namount received for such lease, charter or use.\n\t\tAll penalties and interest imposed by this chapter shall be payable by the\npurchaser or user of the watercraft and collectible by the Commissioner in the\nsame manner as if they were a part of the tax imposed.\n\t\tInterest, at a rate determined in accordance with \u00a7 58.1-15, on the unpaid\namount of the tax from the day after the last day for timely filing and payment\nof the tax shall accrue until the same is paid.\n\nHISTORY: Code 1950, \u00a7\u00a7 58-685.42, 58-685.44; 1981, c. 405; 1984, c. 675; 1991,\ncc. 316, 331.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}